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

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Jr%*^ 



J 



ACTS 



RESOLVES 



PASSED BY THE 



General dfourt of Uflasjiarluispttj) 



IX THE YEAR 

1891, 

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 Ofi-ice Square. 

1891. 



A CONSTITUTION 



FORM OF GOVERNMENT 



Commontoealtlj of JHassacbusetts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects ot 
tion of government, is to secure the existence of the body s°^°''"'"®'^ 
politic, to protect it, and to furnish the individuals who 
compose it with the power of enjoying in safety and tran- 
quillity their natural rights, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a right to alter the government, and to take meas- 
ures necessary for their safety, prosperity, and happiness. 

The body politic is formed by a voluntary association BodypoiuiG 
of individuals ; it is a social compact, by which the whole lu^ature! ' 
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 laAvs, 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- 
edaing, with grateful hearts, the o:oodness of the ffreat 
Legislator of the universe, in affording us, in the course 
of His providence, an opportunity, deliberately and peace- 
ably, without fraud, violence, or surprise, of entering into 



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 RigJits, and 
Frame of Government, as the Constitution of the Com- 
monwealth OF Massachusetts. 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the 
Commomcealth of Massachusetts. 

Equality and Article I. All uicu ai'c bom free and equal, and have 

natural rights of . , j-i i i-ii'i 

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

which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possessing, 
and protecting property ; in fine, that of seeking and ob- 
taining their safety and happiness. 

Right and duty jj, \i jg the right as Avell as the duty of all men in 

of public reli- . itii i i-i 

gious worship, society, publicly, and at stated seasons, to worship the 
therein .'*'° SuPREME Being, the great Creator and Preserver of the 
i2Aaen!i29. univcrsc. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most 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 Avorship. 
Art^°\™Bub9ti ^^^' ^^^ ^^^^ happiness of a people, and the good order 
tuted 'for this, aiid presei'vatioii of civil government, essentially de})end 
upon piety, religion, and morality ; and as these cannot 
be generally diffused through a community but hj the 
institution of the public Avorship of God, and of public 
Legislature era- instructious iu picty, relio^iou, and moralitv : Therefore, 

powered to corn- ^ . ^ . ^ . ~ ' i" - 

pel provision for to promote their happiness, and to secure the good order 
pu icvvors ip, ^^^ preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable 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, religion, and morality, in all cases where such 
provision shall not be made voluntarily. 

And the people of this commonwealth have also a right atrJndince'^"'" 
to, and do, invest their legislature with authority to enjoin i^eieon. 
upon all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, par- Exclusive right 
ishes, precincts, and other bodies politic, or religious socie- giourteac^herJ' 
ties, shall, at all times, have the exclusive right of electing ^'^'^"'■<^'*- 
their pul)lic teachers, and of contracting with them for 
their su}iport and maintenance. 

And all moneys paid by the subject to the support of ^-{^om°iwochiai 
public worship, and of the public teachers aforesaid, shall, taxes may be 

./•I . .J 1 -c 1 T 1 J ji i /» J - paid, unless, etc. 

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

And every denomination of Christians, demeaning them- Aiidpnomina- 
selves peaceably, and as good subjects of the commonwealth, protectMh ^ 
shall be equally under the protection of the Vaw : and no li^oVdlnation 
suliordination of any one sect or denomination to another ofonesectto 

y another pro- 

shall ever be established by law.] hibited. 

IV. The people of this commonwealth have the sole Right of seif- 
and exclusive right of governing themselves, as a free, f^cured"^" 
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 oVau'ofifcers*^ 
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. No man, nor corporation, or association of men, services ren- 
have any other title to obtain advantages, or particular public being the 
and exclusive i)rivileges, distinct from those of the com- peluiia'Vrivi- 
nnmity, than what arises from the consideration of ser- '"^ecs. heredi- 
vices rendered to the public; and this title being in "^surdand 
nature neither hereditary, nor transmissible to children, 

or descendants, or relations by blood, the idea of a man 



CONSTITUTIOX OF THE 



Objects of gov 
ernraent; 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. 41S. 
7 Pick. 344. 
12 Pick. 184,467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 1-54. 
1 All^n, 150. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 
etc. 

6 Cusb. 327. 
14 Gray, 155. 
10 Gray, 417, 
431. 



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



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 who are vested with 
authority from becoming oppressors, the people have a 
right, at such periods and in such manner as they shall 
establish by their frame of government, to cause their 
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 public 
employments . 122 Mass. 595, 596. 

X. Each individual of the society has a right to be 
protected by it in the enjoyment of his life, liberty, and 
property, according to standing laws. He is obliged, con- 
sequently, to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
Avhen 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 controllable by any other laws 
than those to which their constitutional representative 
l)ody have given their consent. And whenever the pub- 
lic exigencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 



1 Allen, 150. 

11 Allen, 630. 

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. 
116 Mass. 463. 
126 Mass. 428, 441. 



127 Mass. 50, 52, 

358, 363, 410, 413. 
129 Mass. 559. 



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



COMMONWEALTH OF MASSACHUSETTS. 7 

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

XII. No subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantially, rprck.Vi. 
and formally, described to him ; or be compelled to accuse, Is Pick.' Ik. 
or furnish evidence against himself. And every subject f^l^^^!t 
shall have a right to produce all proofs that may be f^.^j^J^y'^j-^^- 
favorable to him; to meet the witnesses agahist him face ^G^W'.ieo. 
to face, and to be fully heard in his defence by himself, loGray.h: 
or his counsel, at his election. And no subject shall be sA^/en^/gfi^' 
arrested, imprisoned, despoiled, or deprived of his prop- H^^^^i^xH' 
erty, immunities, or privileges, put out of the protection ^^31^,^^^^.^ 
of the law, exiled, or deprived of his life, liberty, or 97 Mass.'sTo,' 
estate, but by the judgment of his peers, or the law of 10b Mass. 28-, 

the land. 103 Mass. 418. 

107 Mass. 172, 180. ITS Mass. 443, 451. 122 Mass. 3.32. 127 Mass. 5.50, 554. 

108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559. 

And the legislature shall not make any law that shall ]^Vf ^^'^.^ri^l^l^i 
subject any person to a capital or infamous punishment, cases, except, 
excev)tint>- for the oovernment of the arnwand navy, with- s Gray, 329, 373. 

i "^ . ^ 103 Mass. 418. 

out trial by jury. 

XIII. In criminal prosecutions, the verification of facts, c-imes to be 
in the vicinity where they happen, is one ot the great- vicinity. 

est securities of the life, liberty, and property of the 121 Mass. ei, 62. 
citizen. 

XIV. Every subject has a right to be secure from all f^fg*e?J,fr'e^'''^'' 
unreasonable searches, and seizures, of his person, his regulated 

-,,,,. . .11 , Const, of U. b.. 

houses, his papers, and all his possessions. All warrants, Amend'tiv. 
therefore, are contrary to this right, if the cause or founda- 5 cwleo. 
tion of them be not previously supported by oath or affir- l^^^'/^^^i-^i^ 
mation, and if the order in the warrant to a civil officer, to ^^g^^'f^'^; fo^^; 
make search in suspected places, or to arrest one or more 139 ' " ' 

^ , !■ ,, . . ■, , 126 Mass. 269, 

suspected persons, or to seize their property, be notaccom- 273. 
paniedwith a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in ?;^|'^.*°r^7jj^f 
all suits between two or more persons, except in cases in cept, etc. ' 
which it has heretofore been otherways used and practised, AmendH vii.' 
the parties have a right to atrial by jury ; and this method ySfb^l' 

of procedure shall be held sacred, unless, in causes arising '^ g;:;^^; ^i^; 
on the high seas, and such as relate to mariners' ^vages, 11 Aiien,674, 



the legislature shall hereafter find it necessary to alter it. 102 

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, ISS. 
120 Mass, 320, 321. 123 Mass. 590, 593. 128 Mass. 600 



577. 

Mass. 45, 



CONSTITUTION OF THE 



Liberty of the 
press. 



Right to keep 
and bear arms. 
Standing armief 
dangerouB. Mil 
itary power sub 
ordinate to civil 
5 Gray, 121. 



Moral qualifica- 
tions for ofiice. 



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 alxsolutely necessary to preserve the 
advantages of lil:>erty, 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. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before Expost/acto 
the existence of such laws, and which have not been de- i^'AUen 1*421?*^ ' 
olared crimes by preceding hiws, are unjust, oppressive, *2*' ^-s, 434. 
iind inconsistent with the fundamental principles of a free 
government. 

XXV. No subject ought, in any case, or in any time. Legislature not 
to be declared guilty of treason or felony by the legisla- l?ea8on!'e\c. 
ture. 

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

^. . , ^ • n- fines, and cruel 

excessive bail or sureties, impose excessive fines, or mnict punishments, 

- 1-1 2_ prohibited. 

cruel or unusual punishments. 5 Gray, 482. 

XXVII. In time of peace, no soldier ought to be quar- No sowier to be 
tered in any house without the consent of the owner ; and houLTunil^sT^ 
in time of war, such quarters ought not to ])e made but ^'°- 

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

XXVIII. No person can in any case be suljject to law- citizens exempt 

,.1 , I.' .'i • j_ 'i-xij.! from law-mar- 

mart lal, or to any penalties or pains, by virtue ot that law, tiai, unless, etc. 

except those employed in the army or navy, and except 
the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights judgesof eu- 
of every individual, his life, liberty, property, and charac- coun? ^"'^'"'*^ 
ter, that there l>e an impartial interpretation of the laws, iGrtV,'472. 
and administration of justice. It is the right of every ^'^j{eu.|9i- 
citizen to be tried by judges as free, impartial, and inde- los 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 liy standing salaries. 
laws. 

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive ci^^u^andVg^is-'" 
and judicial powers, or either of them : the executive shall J;feX.'^''P^'"'' 
never exercise the legislative and judicial powers, or either ; ^'If^'j; ^JJj 
of them: the judicial shall never exercise the legislative s Alien,' 247, '253. 
and executive powers, or either of them: to the end it 2S6. ' 
may be a government of laws and not of men. 114 Mass. 247, 

116 Mass. 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. 



Govemor'sveto, 
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 L 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 law, and have force as such, 
until it shall have been laid before the governor for his 
revisal ; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But if 
he have any objection to the passing of such bill or resolve, 
he shall return the same, together with his objections 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, be sent to the other 
branch of the legislature, where it shall also be reconsid- 
ered, and if approved Ijy two-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases» 



COMMONWEALTH OF MASSACHUSETTS. 11 

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

in case of ad- 

And in order to prevent unnecessary delays, it any bill joumment of 
or resolve shall not be returned by the governor within court within 
five days after it shall have been presented, the same shall geefmenct^' 
have the force of a law. rSior: ^' 

IH. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and judLatorles"'^ 
courts of record, or other courts, to be held in the name courts of record, 
of the commonwealth, for the hearino-, trying, and deter- ?,^''^y'i;, . 

' r" ' .' o ' 12 Gray, 147, 

mining of all manner of crimes, oliences, pleas, processes, 154. 

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

arising or happening within the commonwealth, or between 

or concerning persons inhabiting, or residing, or brought 

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

or whether the said crimes be capital or not capital, and 

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

for the awarding and making out of execution thereupon. 

To which courts and iudicatories are hereby ariven and Courts etc., 

, T ,. „ . '^ '-' . raay administer 

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

IV. And further, full power and authority are hereby General court 
given and granted to the said general court, from time to Scf ''"'*'' *^^' 
time to make, ordain, and establish, all manner of whole- 4 Aifen'.^iTs. 
some and reasonable orders, laws, statutes, and ordinances, ^|>"*'"' --•^• 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out ; so as the same be not repugnant or contrary to this iioMass. 46-, 
constitution, as they shall judge to be for the good and 
welfare of this commonwealth, and for the government i,^^y^^'ctT\mi 
and ordering thereof, and of the subjects of the same, and repugnant to 
for the necessary support and defence of the government cAiieu, 35s. 
thereof; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers or appointment 
within the said commonwealth, the election and consti- ii5°Ma8r602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several thl^/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 be r(!spectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 CONSTITUTION OF THE 

ta™8fet™.^°*'' this constitution ; and to impose and levy proporti()nal 
6"yieD*'l^'s' ^^^*^^ reasonable assessments, rates, and taxes, upon all the 
6 Aiicn,'s58.^^ inlialjitauts of, and persons resident, and estates lying, 
io"Aiieti, 235' "' within the said commonwealth; and also to impose and 
i^Aiien'-'-, 223, levy reasonable duties and excises upon any produce, 
soo'.sil'sisisooi goods, wares, merchandise, and commodities, whatsoever, 
ni'^r in brousflit luto, produced, manufactured, or beino; within 

9j> Mass, 19. ■— ' '»•. Ill 

100 Mass. 2S}. thc sauic ; to be issued and dispo,'?ed of by warrant, under 
58.5. ''^'*" '"^' the hand of the governor of this commonwealth for the 
114 Mass! 3SS,' limc bciug, with the advice and consent of the council, 
i]6Mas8.46i. for the public scrvice, In the necessary defence and sup- 
118 Mass. 0S6, port of the government of the said commonwealth, and 
123 Mass. 493, the protection and preservation of the subjects thereof, 
127'Mass. 413. according to such acts as are or shall be in force Avithin 

the same. 
ta™esfetcrto%e ^^^^ while the public charges of government, or any 
dSefprotec- 1"^^"^ thereof, shall be assessed on polls and estates, in the 
1'°^:.'^^^... .. nianner that has hitherto been ])ractised, in order that 

8 Alleu,247,2o6. , , i • i ,• 1 

Valuation of such asscssmeuts may be made with equality, there shall 
teuVeare,'^at'° l)e a valuatiou of estatcs withiu tlie commonwealth, taken 
s^Aii'en.'^lT'.^*''' ^^^ew oncc in every ten years at least, and as much oftener 
126 Mass. 547. Jig tije general court shall order. 

For the authority of the general court to charter cities, see amendineuts. Art. II. 



CHAPTEE I. 
Section II. 

fSenale. 

Kd'byuS Article I. [There shall be annually elected, by the 
elected. freeholders aiid other inhabitants of this commonwealth. 

Superseded by 1 • /> i • 1 • ... • 1 n f 

areendraents, quaiitied as 111 this coiistitutioii IS providcd, torty persons 
which was'aiBo to be councilloi's and senators for the year ensuing their 
anSmems"^^ clection ; to be chosen by the inhabitants of the districts 
Art. XXII. JQ^Q ^vhich the coiumonweallh may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in assigning the numl)ers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
Forprovisiouas tii^^ely make known to the inhabitants of the conimon- 

to coauciUors, 1 1 1 1 • • 

see amend- Wealth the limits of cacli district, and the number of coun- 

XVI. '^ ' cillors and senators to be chosen therein; provided, that 

the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

teen ; and that no district be so large as to entitle the 
same to choose more than six senators. 

And the several counties in this commonwealth shall, Ij^riSlTntn. 
until the general court shall determine it necessary to etc. 
alter the satd 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 : — Suftblk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two'^; Dukes County and Nantucket, 
one ; AVorcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

II The senate shall be the first branch of the legisla- Manner and 

, 1 11 1 T • ji i' 11 • time or choosing 

ture ; and the senators shall be chosen mthe tollowmg man- senators and 
ner, viz. : there shall be a meeting on the [first Monday iu TimfofTicction 
April,] annually, forever, of the inhabitants of each town ^!3,t'„>;,, 
in the several counties of this commonwealth ; to be called ^^-^^^^^j^ 
by the selectmen, and warned in due course of law, at byamendments, 
least seven days before the [first Monday in April,] for ;^vrto cities, see 
the purpose of electing persons to be senators and coun- ^(^t! n™^"^'' 
cillors; [and at such meetings every male inhabitant of'^^^^v^o^^^^ 
twentv-one years of a^e and upwards, having a freehold qualifications of 
estate within the commonwealth, oi the annual income ot sededbyameud- 
three pounds, or any estate of the value of sixty pounds, ni^xx!'"" 
shall have a ri^ht to give in his vote for the senators for f^^X^^^f^^' 
the district of which he is an inhabitant.] And to remove ^^;°;;d;;i°ba^^^^ 
all doubts concernino- tlie meaning of the word " inha])it- see also amend- 

. .. 1111 •!! ments, Art. 

ant" in this constitution, every person shall be considered xxiii., wwch 
as an inhabitant, for the purpose of electing and being X^xxvi.'^ ''^ 
elected into any oflace, or place within this state, in that J.|fX^';.\^95, 
town, district, or plantation where he dwelleth, or hath 597. 
his home. 

The selectmen of the several towns shall preside at j^S"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 jjresence of the town clerk, KcturMof votes. 
who shall make affair 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 i^^°^^^^^ 
the selectmen and tlie town clerk, and shall 1)0 sealed up. Art. 11. 
directed to the secretary of the commonwealth fi)r the 
time being, with a superscription, expressing the purport 



14 CONSTITUTION OF THE 

of the contents thereof, and delivered by the town clerk 

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

Time changed town lies, thirty days at least before [the last Wednesday 

day ?f January! in May] annually ; or it shall be delivered into the secre- 

mTnu^ut. X. tary's office seventeen days at least before the said [last 

Wednesday in May :j and the sheriff of each county shall 

deliver all such certificates by him received, into the 

secretary's office, seventeen days before the said [last 

Wednesday in May.] 

Inhabitants of And the inhabitants of plantations unincorporated, 

plantations, qualified as this constitution provides, who are or shall 

who i)ay state , i i • i j j. ^i 

taxes, may vote. 1)0 cmpowcred and requu'ed 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 
meeunss" havo in their respective towns ; and the plantation meet- 
Time of eiec- ino^s for that purpose shall be held annually [on the same 
by amend- first Monday lu April] , at such place in the plantations, 
Assessorsto ' respcctivcly , as the assessors thereof shall direct; which 
notify, etc. asscssors shall have like authority for notifying the elect- 
ors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be assessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the town where they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where they shall be assessed, for 
that purpose, accordingly. 
Governor and jjj And that there may be a due convention of sena- 

council to ex- «' . 

amine and count tors ou the [Uist Wednesday in May] annually, the gov- 
summonses. cmor witli fivc of the council, for the time being, shall, 
to"first\vediies- J^s soou as may be, examine the returned copies of such 
byaraendraeml I'^cords ; and fourtecn days before the said day he shall 
^itx issue his summons to such persons as shall appear to be 

Majority , .. n-i ii 

changed to choseu oy [a majority oij voters, to attend on that day, 

amendments, and take their seats accordingly : provided, nevertheless, 

Art.xi\. 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. 

finafjudge^of I"^' The Senate shall l)e the final judge of the elec- 

eiections, etc., tious, Tctums and qualifications of their own members, as 

of Its own mem- ' ^ ' 

bers. 



COMMONWEALTH OF MASSACHUSETTS. 15 

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

1 -ITT 1 1 -TVTT 11 ij •111 to first Wcdnes- 

last Wednesday m May] annually, determine and declare day of January 
who are elected by each district to be senators [by a atux" '^'^^^^' 
majority of votes ; and in case there shall not appear to cht^^ged to 
be the full number of senators returned elected by a pi^'^aiity uy 

,. . , "^ amendments, 

majority of votes for any district, the deficiency shall be Art. 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 Yi^gd^"®*' ^°^ 

senators sufficient to fill up the vacancies in such district ; changed to 

and in this manner all such vacancies shall be filled up in people" ^ 

every district of the commonwealth ; and in like manner ment8?Art'. 

all vacancies in the senate, arising by death, removal out ^^iv. 

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 
capable of being elected as a senator, [who is not seised propmyquaii- 
in his own right of a freehold, within this commonwealth, Hhti?'^''^"' 
of the value of three hundred pounds at least, or possessed ^f^,;t™^\''t," 

of personal estate to the value of six hundred pounds at xiii. ' 
least, or of both to the amount of the same sum, and] who visionlast^o^''^ ' 
has not been an inhabitant of this commonwealth for the l^\Z^amemu'^ 
space of five years immediately preceding his election, and, xxu'/'^^^' 
at the time of his election, he shall be an inhal)itant 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 thia"two™'ays. 
time. 

VII. The senate shall choose its own president, appoint ., «^"!' choose 

. ^Y. 11 .. ,. its otncers and 

its own oiDcers, and determine its own rules ot pro- c^'-^biish its 

T ■*■ rules. 

ceedings. 

VIII. The senate shall be a court with full authority iJ^jlJ|,^^,^eQta^ 
to hear and determine all impeachments made by the 

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



16 



CONSTITUTIOX OF THE 



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



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

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



Representation 
of the people. 



Kej)resenta- 
tives, by whom 
chosen. 

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



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
tine in case, etc. 



Expenses of 
travelling to 
and from the 
general court, 
how paid. 



Qualifications of 
a representa- 
tive. 



CHAPTEll I. 

Section III. 

House of Representatives. 

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

II. [And m order to provide for a representation of 
the citizens of this commonwealth, founded upon the prm- 
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 



COMMONWEALTH OF MASSACHUSETTS. 17 

least next preceding his election, shall have been aninhab- New 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 xxT' ^^"' 

he shall be chosen to represent, or any ratable estate to flcaUouVaboK'' 

the value of two hundred pounds; and he shall cease to ^^^'"}^y'"J^^'^^^ 
. '^ . . - . . ments, Art. 

represent tlie said town immediately on his ceasing to be ^cm. 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one 3'ears of Qu^wfl^ations of 
age, and resident in any particular town in this common- These pro- 
wealth for the space of one year next preceding, having a eeded by"'"''^" 
freehold estate within the said town of the annual income AnJ! m!°x'x. 
of three pounds, or any estate of the value of sixty pounds, ^^xxxi^^' 
shall have a right to vote in the choice of a representative see also amend- 
or representatives for the said town.] xxiii.^ which 

V. [The members of the house of representatives shall Irt. xxvi. ^ 
be chosen annually in the month of jNIay, ten days at least Representa- 
before the last "Wednesday of that month.] chosen. 

Time of election chansod bj' amendments, Art. X., and changed asjaiu by amendments, 

Art. XV. 

VL The house of representatives shall be the grand n°".''s "'o^? 

^>. 111. 1 can impeach. 

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

VH. All money bills shall orio-inate in the house of no"«o,too'ig' 

•^ ~ Date all money 

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

VIII. The house of representatives shall have power not to adjourn 
to adjourn themselves ; provided such adjournment shall d^°ys''. 

not exceed two days at a time. 

IX. [Not less than sixty members of the house of si^pe^sedldby 
representatives shall constitute a quorum for doing busi- "(rtTxxi?'^' 
ness.] 

X. The house of representatives shall be the judge of reiCrM^etc^ of 
the returns, elections, and qualifications of its own mem- itsown'mem- 

1 . - . ^ . . . bers; to choose 

bers, as pointed out in the constitution ; shall choose their its otficers and 
own speaker; appoint their own ofiicers, and settle the rules, etc' ^ 
rules and orders of proceeding in their own house. They may punish 
shall have authority to puni.sh by imprisonment every offences. 
person, not a member, who shall be guilty of disrespect ^^ '»>■. ^-6- 
to the house, by any disorderly or contemptuous behavior 
in its presence ; or wdio, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor; or who shall assault, or 
arrest, any witness, or other person, ordered to attend the 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



CONSTITUTION OF THE 

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 l)ail on mean process, during his going 
unto, returning from, or his attending the general assem- 
bly. 

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

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



Governor. 



Hia 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 or 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.] 

III. Those persons who shall be qualified to vote for 
senators and representatives within the several towns of 
this commonwealth shall, at a meeting to be called for 
that purpose, on the [first Monday of April] annually, 
give in their votes for a governor, to the selectmen, who 
shall preside at such meetings ; and the town clerk, in the 
presence and with the assistance of the selectmen, shall, 



COMMONWEALTH OF MASSACHUSETTS. 19 

in open town meeting, sort and count the votes, and form 
a list of the persons voted for, with the number of votes 
for each person against his name ; and shall make a fair 
record of the same in the town books, and a public decla- As to cuies, see 

Till- ameudments, 

ration thereot in the said meeting; and shall, in the pres- An. 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 

riast Wednesday in Mavl ; and the sheriff shall transmit Time changed 

L -J ^ J ' to hrst Wednes- 

the same to the secretary s oiiice, seventeen days at least day of January 
before the said [last Wednesday in May] ; or the select- Art'.'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 am'e^ndraenta, 
the votes returned], the choice shall be by them declared t^^''^}^' 

ii'iiri-r- 1111 •• • How chosen, 

and published ; [i)ut it no person shall have a majority or when no person 
votes, the house of representatives shall, by ballot, elect ^"^ -""■^■1°" > ■ 
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 Power 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- geneil"coun 
eral court, to adjourn or prorogue the same to any time 3"onveuf ' 
the two houses shall desire ; [and to dissolve the same on the same. 

Til -i-fT 1 1 • AT 1 As to dissolu- 

the day next precedins^ the last Wednesday in May : and, tion, see amend 

. ,, "^ % J.1 ^1 i. X J.1 r meuts, Art. X. 

in the recess ot the said court, to prorogue the same trom 
time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place Avhere 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 
commander-in- 
chief. 



court is next at any time to convene, or any other 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.] 

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

VII. The governor of this commonwealth, for the time 
l)eing, shall l)e the commander-in-chief of the army and 
navy, and of all the military forces of the state, by sea 
and land ; and shall have full power, by himself, or by 
any commander, or other officer or officers, from time to 
time, to train, instruct, exercise, and govern the militia 
and navy ; and, for the special defence and safety of the 
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, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and destroy, if necessary, and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this commonwealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, w^ith 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 agreeably to the rules and regulations of the 
constitution, and the laws of the land, and not other- 
wise. 



COMMONWEALTH OF MASSACHUSETTS. 21 

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

VIII. The power of pardoning otlences, except such ^ourJi°may°^ 
as i)ers()ns may be convicted of before the senate by an pardon offences, 

I *■' *J CXCClJt 6tC. 

impeachment of the house, shall be in the governor, by 
and with the advice of council ; but no charter of par- 
don, granted by the governor, with advice of the council 
before conviction, shall avail the party pleading the same, But not before 

. •,! / T 1 i.' 1 • conviction. 

notwithstanding any general or })articular expressions con- 109 Mass. 023. 
tained therein, descriptive of the otience or otiences in- 
tended to be })ardoned. 

IX. All iudicial officers, [the attorney-ireneral,! the Judicial oin- 

» m ^ '^~' , -^ cfi's etc. how 

solicitor-general, [all sheriffs,] coroners, [and registers of nom'inated and 
probate,] shall be nominated and appointed by the gov- For°prov'ision8 
ernor, by and with the advice and consent of the council ; of attorney"" 
and every such nomination shall be made by the oovernor, general, see 

■^ . 1 amendments, 

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

For provision as to election of shoriffs, resdstprs of probate, etc., see amendments, Art. 
XIX. For provision as to api^oiutmeut of notaries public, see amendments, Art. IV. 

X. The captains and subalterns of the militia shall be Miiitia otncera, 
elected by the written votes of the train-band and alarm Limitatk)a of 
list of their respective companies, [of twenty-one years uy'^am'^d'- °"' 
of age and upwards ;] the tield ofiicers of regiments shall mems, Art.v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall l)e 
elected, in like manner, by the tield officers of their respec- 
tive brigades; and such officers, so elected, shall be com- iiowcommis- 
missioned by the governor, who shall determine their rank. 

The legislature shall, by standing laws, direct the time 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 i^/ow°MfiSed' 
house of representatives, each havinof a nesrative upon the "."'itommis- 

1 tK ••111 sioned. 

other ; and be commissioned by the governor. 

For provisions as to appointment of a coramissary-geuenil, see amendments. Art. IV. 

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



22 



CONSTITUTIOX OF THE 



Officers duly 
comniissioned, 
how removed. 
Superseded by 
amendments, 
Art. IV. 



Adjutants, etc., 
how appointed. 



Array officers, 
how appointed. 



Organization of 
militia. 



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



All public 
boards, etc., to 
make quarterly 
returns. 



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

[And no officer, dul}" commissioned to command in the 
militia, shall be removed from his office, but b3^the address 
of both houses to the governor, or by fair trial in court- 
martial, pursuant to the laws of the commonwealth for the 
time being.] 

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

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

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

XI. No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be 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. 

XII. All public boards, the commissary-general, all 
superintending officers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in every three months, officially, and without requisition, 
and at other times, when required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other public 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 garrisons ; and the said commanding officer shall ex- 



COMMONWEALTH OF MASSACHUSETTS. 23 

hibit to the governor, when required l:>y him, true and 
exact plans of such forts, and of the land and sea or har- 
bor or harbors, adjacent. 

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

Xin. As the pul)lic 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 pulilic, 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 honoral^le 
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- i^ces'ofMmeuie 
lished by law for the justices of the supreme judicial court, judical court. 

And if it shall l)e found that any of the salaries afore- salaries to be 
said, so established, are insufficient, they shall, from time rusufficieiu. 
to time, be enlarged, as the general court shall judge 
proper. 

C II APT EH II. 

Section II. 
Lieutenant- Governor. 

Article I. There shall be annually elected a lieuten- Lieutenant. 
ant-governor of the commonwealth of Massachusetts, t^iue'^and'^quanfi. 
whose title shall be — His Honor; and who shall be J.eJj°[|remp,u^of 
qualified, in point of [religion,] property, and residence i^j}-',?f'"!',"t'j,t" °^ 
in the commonwealth, in the same manner with the gov- chriHiian 
ernor ; and the day and manner of his election, and the abonshtd by 
qualifications of the electors, shall be the same as are Art*^.' vil" *' 
required in the election of a governor. The return of 
the votes for this officer, and the declaration of his election, 
shall 1)0 in the same manner; [and if no one person shall now 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 
amendmenta, 
Art. XIV. 



Presideut of 
council. 
Lieutenant- 
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 lieutenant-governor, for the 
time being, shall, during such vacancy, perform all the 
duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, which by this 
constitution the governor is vested with, when personally 
present. 



Council. 
Number of 
councillors 
clianged to 
eight. 

See amend- 
ments, Art. 
XVI. 



Number; from 
whom, and how 
chosen 
Modified by 
amendments, 
Arts. X and 

xm. 

Superseded by 
amendnncnts, 
Art. XVL 



If senators be- 
come council- 
lors, their seats 
to be vacated. 



CHAPTER II. 

Section III. 

Council, andtlie Manner of f^ettling Electiois htj the Legis- 
lature. 

Article I. There shall be a council for advising the 
governor in the executive part of the government, to 
consist of [nine] persons besides the lieutenant-governor, 
whom the governor, for the time being, shall have full 
power and authority, from time to time, at his discretion, 
to 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 laud. 

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



COMMONWEALTH OF MASSACHUSETTS. 25 

III. The councillors, in the civil Jirrangements of the Raukof 
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.] {\v^° "'°'° '^^" 

Superseded by amendments, Art. XVI. 

V. The resolutions and advice of the council shall be ueguterof 
recorded in a register, and signed by the members present ; '=°""'^''- 
and this record may be called for at nuy time by either 
house of the legislature ; and any memljcr of the council 

may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieuten- council to exer. 
ant-governor shall be vacant, by reason of death, absence, oHovernorfn 
or otherwise, then the council, or the major part of them, tas^-. 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 cither of them, were personally presfent. 

VII. [And whereas the elections appointed to be made. Elections may 
by this constitution, on the last Wednesday in May annu- um1f,\°tc."' '' 
ally, by the two houses of the legislature, may not be 
completed on that day, the said elections may be adjourned 

from day to day until the same shall be comi)leted. And «rder (hereof. 

-, > I • 111 Superseded by 

the order ot elections shall be as follows : the vacancies in amendments, 
the senate, if any, shall tirst be tilled up ; the governor xxv." 
and lieutenant-governor shall then be elected, })rovided 
there should be no choice • of them l)y the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 

Sectiox IV. 

Secretary^ Treasurer , Commissary , etc. 

Article I. [The secretary, treasurer, and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] hou^cho"cfn°'' 
naval officers, shall be chosen annually, by joint ballot of f„°^i[X3'"^ 
the senators and representatives in one room. And, that secretary, neas- 

... /»!• 11 1 !/• iner, and re- 

the Citizens ot this commonwealth may be assured, irom <eiver.generai, 

J. . ;• .1 J ji • ■ . ji 1 !• and auditor and 

time to time, that the moneys remaining in the [)ublic aitomeygen- 
trcasury, upon the settlement and rujuidation of the pub- nu'i'itsrArt?**"^" 
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 iitlend the 
trovernor and 
council, etc. 



as treasurer and receiver-general more than Hve }'ears suc- 
cessively. 

P'or provision as to appointment of notaries public and the commissarygeneral, see 
amendments, Art. IV. 

II. The records of the commonwealth shall be kept in 
the office of the secretary, who may appoint his deputies, 
for whose conduct he shall be accountalile ; 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 
oflicers to be 
expressed 
Judicial olllcers 
to hold office 
during good 
behavior, ex- 
cept, etc. 
But may bo 
removen on 
address. 



Justices of su- 
preme judicial 
court to gi\c 
opinions when 
required. 
12-2 Mass. 600. 
126 Mass. 057, 
561. 

Justices of the 
peace; tenure 
of their oflice. 
3 Cash. 5S4. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



CHAPTER III. 

JUDICIARY POWEil. 

Article I. The tenure, that all commission officers 
shall by law have in their offices, shall be expressed in 
their respective commissions. All judicial officers, duly 
appointed, commissioned, and sworn, shall hold their offices 
during good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the legislature. 

II. Each branch of the legislature, as well as the 
governor and council, shall have authoritj^ 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 pro])ate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require; and the legislature shall, from time 
to time, hereafter, apj^oint 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 alimon}'-, and ^°.^^^^"^S% 
all appeals from the judges of probate, shall be heard and mony. ' 
determined by the governor and council, until the legis- visions'made 
lature shall, by law, make other provision. ioomLs. 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 Y. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 
The University. 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, <^°"*^s^- 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public employments, both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
GoD, the advantage of the Christian religion, and the groat 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of powers, priv-i- 
Harvard College, in their corporate capacity, and [hfpVeBid'ent 
their successors in that capacity, their officers and ser- e"u,/riuel*' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immunities, 
and franchises, which they now have, or are entitled to 



28 CONSTITUTION OF THE 

have, hold, use, exercise, and enjoy ; and the same are 
hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to their sue* 
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, heieto- 
fore made, either to Harvard College in Cambridge, in 
New England, or to the president and fellows of Harvard 
College, or to the said college by some other description, 
under several charters, successively ; it is declared, that 

All gifts, grants, aH (^^e sald o'ifts, grants, devises, leo^acies, and convey- 

etc, confirmed. iiP fi ji ■ i 

ances, are hereby torever confirmed unto the president 
and fellows of Ilarvard College, and to their successors 
in the capacity aforesaid, according to the ti'ue 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-tM'o, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a numl)cr of the clergy in the said act described, consti- 
tuted the overseers of Harvard Collesre : and it beinof 
necessary, in this new constitution of government to 

Who shall be ascertain w^ho shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
1851,^224"'*'^' that the governor, lieutenant-governor, council, and senate 
,!fn'ol:T of this commonwealth, are, and shall be deemed, their 

1865,173. successors, who, with the president of Harvard College, 

for the time being, toizether with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
Power of altera provided, that nothino: herein shall be construed to i^re- 

lion reserved to '^ . , . , i» .1 • lil x- I • 

the legislature, vcut the legislature 01 this commonwealtii troni 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. 



COMMONWEALTH OF MASSACHUSETTS. 29 

CHAPTEE V. 

Section H. 
The Encouragement of Literature^ etc. 
Wisdom and knowledjje, as well as virtue, diffused sren- ^^ , f, • , 

0_ ' _ ' o Duty of legisla- 

erally amono" the body of the people, being' necessary for tnres and magis- 

^. ., ^ trates in all 

the preservation of their rights and liberties ; and as these future periods. 
depend on spreadhig the opportunities and advantages of vision"' asTo^*^"' 
education in the various parts of the country, and among seo^amend°°'^' 
the difierent orders of the people, it shall 1)e the duty of ^^nu.Art. 
legislatures and magistrates, in all future periods of this 12 Alien, 500- 
commonwealth, to cherish the interests of literature and 103 Mass. 94, 97. 
the sciences, and all seminaries of them ; especially the 
university at Cambridge, pulilic 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 aflections, 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- o^ti'^. etc. 
governor, councillor, senator, or representative, and accept- 
ing the trust, shall, ])efore he })roceed to execute the duties 
of his place or office, make and subscril)e the following- 
declaration, viz. : 

"I, A. B., do declare, that I believe the Christian reli- ^^i^onshed. see 

, ^ , . aniendments, 

gion, and have a firm persuasion of its truth ; and that I Art. vii. 
am seised and possessed, in my own right, of the pro})erty 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

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



30 



CONSTITUTION OF THE 



Declaration and 
oalhs of all 
officers. 



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



Oath of oflQce. 



ProviBO. 
See amend- 
mentB, 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 beino;. ] 

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 otfice 
under the government, shall, beford he enters on the dis- 
charge of the business of his place or office, take and sub- 
scribe the following declaration, and oaths or affirmations, 
viz. : 

[" I, A. B. , do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
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, testimon}^ declaration, denial, renunciation, and 
abjuration, heartily and truly, according to the common 
meaning and acceptation of the foregoing words, without 
any equivocation, mental evasion, or secret reservation 
whatsoever. So help me, God."] 

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

the best of my abilities and understanding, agreeably to 
the rules and resrulations 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 



COMMONWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oatli[s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, [" I do 
swear,'" " and abjure,'" " oatJt or,"' " a)tdabju7'at{o)i,'^ in the 
first oath, and in the second oath, the words] ^^ swear 
(Hid,'' and [in each of them] the words " b'o help me, 
God;" subjoining instead thereof, " This I do under the 
pains audj)enaUies o/^^GrJurf/.'" 

And the said oaths or affirmations shall be taken and .^^r'^^iuions 
subscribed by the ofovernor, lieutenant-o;overnor, and conn- iiow admiuis. 
cillors, before the president of the senate, in the presence 
of the two houses of asseml^ly ; 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 lime to time shall be prescribed by the legislature. 

II. No governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial court, shall hold any other office or place, ed^to governor, 
under the authority of this commonwealth, except such as le'l^'amend-' *'*''' 
by this constitution they are admitted to hold, saving that mentis. Art. 
the judges of the said court may hold the offices of justices 
of the ])eace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power Avhatever. 

No i^erson shall l)e capable of holding or exercising at ?'""p «"^|!,*=*' 

i . • 1 • 1 • 1 P ^ ^ Allen, 553. 

the sjune time, Avithin this state, more than one of the 
following offices, viz. : judge of probate — sheriff — regis- 
ter of prol)ate — or register of deeds ; and never more 
than any two offices, which are to be held by appointment 
of tlie 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- Ko'i^fu'rihor pre 
general^ — treasurer or receiver-general — judge of prol)ate ji'.e'ompauwe 

— commissary-o"eneral — [president, professor, or instruct- oiiues, see 

./ V? LI '1 ' , aniendmenls, 

or of Harvard College] — sheriff — clerk of the house of Ait.vni. 
representatives — register of probate — register of deeds vard coiUiie 

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



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 

diequalify. 



Value of money 
ascertained. 



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



Provisions 
respecting 
commissions. 



Provisions re- 
spectini; writs. 

2 Pick. '592. 

3 Met. 58. 
1.3 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 69. 

2 Mass. t'Zi. 

8 Pick. 309.316. 
16 Pick. 107,115, 
2Met. 118. 



Benefit of 
habeas cor-pu/t 
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 filled up. 

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

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

III. In all cases where sums of money are mentioned 
in this 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 l)e elected to offices, as the circumstances of 
the commonwealth shall require. 

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

Y. 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 test of 
the first justice of the court to which they shall be returna- 
ble, who is not a party, and be signed by the clerk of such 
court. 

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

VII. The privilege and benefit of the writ of habeas 
corpus shall 1)e enjoyed in this commonwealth, in the most 
free, easy, cheap, expeditious, and ample manner; and 
shali not l)e sus))ende(l l)y the legislature, except upon the 
most urgent and pressing occasions, and for a limited 
time, not exceeding twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

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

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

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall 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 rrovisionfor 
principles of the constitution, and to correct those viola- sm'uk)!*'""' 
tions which by any means may be made therein, as well p°o\Snaf to 
as to form such alterations as from experience shall be •imendments, 
lound necessary, the general court which shall be in the ments, ah. ix. 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 

towns, and to the assessors of the unincorporated })lanta- 
' 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 qualified voters throughout the state, who sutuuon.^ 
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 l)y this constitution to be 
chosen.] 



34 



CONSTITUTIOX OF THE 



Provision for 
preserving and 
publishing this 
constitution. 



XI. This form of government shall be enrolled on 
parchment, and deposited in the secretary's oiBce, 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. 567. 
See Const., Ch. 
I., § 1, Art. II. 



General court 
empowered to 
charter cities. 
122 Mass. 3.54. 



Proviso. 

112 Mass. 200. 



Qualifications of 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
See amend- 
ments, Art. 

11 Pick. 538, 540. 
14 Pick. 341. 
14 Mass. 367. 
5 Met. 162, 298, 
591,594. 
7 Gray, 299. 
122Ma88.595,597. 
124 Mass. 596. 



ARTICLES OF AMENDMENT. 

Aeticle I. If any liill or resolve shall l)e ol)jected to, 
and not approved by 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 hy the constitution, such bill or resolve shall 
not l)ecome a law, nor have force as such. 

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city gov- 
ernments, in any corporate town or towns in this com- 
monwealth, and to grant to the inlial:)itants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescrilje 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 liolden for that purpose. And pro- 
vided, also, that all by-laws, made by such municipal or 
city government, shall be subject, at all times, to be an- 
nulled by the general court. 

Art. III. Every male citizen of twenty-one years of 
age and upwards, excepting paupers and persons under 
guardianship, who shall have resided within the common- 
wealth one year, and 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 



COMMONWEALTH OF MASSACHUSETTS. 35 

sucli election, have been assessed upon him, in any town For educational 
or district of this commonwealth ; and also every citizen see\mtnd°"' 
who shall be, by law, exempted from taxation, and who "or provisionals 
shall be, in all other respects, qualitied as above mentioned, j° ve^e^rwluu 
shall have a riiiht to vote in such election of o-overnor, the army or 

,. ^ . 1 j_i'i navy in time of 

lieutenant-governor, senators, and representatives ; and no war, ees amend- 
other person shall be entitled to vote in such elections. xxvin.Md 

y V YT 

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

Art. IV. Notaries public shall be appointed by the Notaries public, 

.1 • T • 1 112 how appointed 

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

[In case the office of secretary or treasurer of the com- vacancies in the 
monwealth shall become vacant from any cause, during t°i^y wid*t«-ls^* 
the recess of the general court, the governor, with the tms ^"use "^'*" 
advice and consent of the council, shall nominate and »"P«''"fdedby 

. -Ill amendments, 

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

Whenever the exigencies of the commonwealth shall ge,^™'rmJy be 
require the appointment of a commissary-o-eneral, he shall appointed, ic 

"'■ ^ •/ cri ' C^0C etc. 

be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, b}'' law, prescribe. 

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

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

Art. VI. Instead of the oath of allegiance prescribed by a^ii' officers ^° 
by the constitution, the following oath shall be taken and ^,^*^vj"®Vt t 
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." 

Pi'ovided, 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. 



A.mendment8 to 
constitution, 
h->w made. 



he shall make his affirmation in the foregoing form, omit- 
tins: the word " swear" and inserting, instead thereof, the 
word "affirm," and omitting the words " So help me, God,'' 
and sul)joining, instead thereof, the words, "This I do 
under the pains and penalties of perjury." 

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

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

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

Art. X. The political year shall begin on the first ^f°™™j1°^tye?r! 
Wednesday of January, instead of the last Wednesday of 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be and termination. 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general court from assembling at such other times as 
they shall judge necessary, or when called together by the 
governor. The oovernor, 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. 
^ I The meetino; for the choice of governor, lieutenant- ^p<?ting8 for the 

L O ,o 1111111 choice of gov- 

governor, senators, and representatives, shall be held on emor, lieuten. 
the second ]Monday of November in every year ; but meet- etc Twheu to' be 
ings may l)e adjourned, if necessary, for the choice of This clause 
representatives, to the next day, and again to the next amMdme^^iaf 
succeeding day, but no further. But in case a second Art. 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 he so far altered, as 
to have like reference to the first Wednesday of January. 

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



38 



CONSTITUTION OF THE. 



Inconeistent 

provisions 

annulled. 



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



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 repul)lican 
government ; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file 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 Ma}^ in manner 
aforesaid ; and each town or city having three hundred rata- 
ble polls at the last preceding decennial census of polls, 
may elect one representative, and for every four hundred 



COMMONWEALTH OF MASSACHUSETTS. 39 

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

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

Any city or town having ratable polls enough to elect fepreBented.°'^ 
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 
may, by consent of a majority of the legal voters present sentat'he^dis?'^^' 
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 l)e 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 o-overnor and council shall ascertain and determine. The governor 

• 1.1 1 r>Ti 1* j_-^i e '"'d council to 

Within the months of July and August, in tne year ot our determine the 

Lord one thousand eight hundred and thirty-seven, accord- J-esentatives'^to' 

ing to the foregoing principles, the number of representa- to^n^js'^entitied. 

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 v/here any town has not a sufficient 

number of polls to elect a representative each year, then, 

how many years within the ten years, such town may elect 

a representative ; and the same shall be done once in ten New apportion- 

•^ ,1 ,-, 1 ji 1 •! 1 4.1 raent to be made 

years, thereafter, by the governor and council, and the onceinevery 
number of ratable polls in each decennial census of polls, ^eu years. 
shall determine the number of representatives, which each 
city, town and represeni,ative district may elect as afore- 
said ; and when the number of representatives to be elected 



40 



CONSTITUTION OF THE 



Inconsistent 

pro\'i8ions 

annulled. 



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

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



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



Small towns, 
how repre- 
sented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



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

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

Art. XIII. [A census of the inhabitants of each city 
and town, on the first day of May, shall be taken, and 
returned into the secretary's oflice, on or before the last 
day of June, of the year one thousand eight hundred and 
forty, and of every tenth year thereafter; Avhich 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 assio:n the number of senators to be chosen in each 
district, according to the number ot inhabitants in the 
same. But, in all cases, at least one senator shall be 
assigned to each district. 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 41 

The number of inhabitants wlxh shall entitle a town Basis of repre- 

, , , , , . 1 . , . . sentation, and 

to elect one representative, and the mean mcreasmg num- ratio of increase. 
ber which shall entitle a town or city to elect more than 
one, and also the number by wdiich the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively, l)y 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 
al)ove mentioned. 

In the year of each decennial census, the governor and J,|jf cmmcii°to 
council shall, l)efore the first day of September, apportion apportion the 

, I /. . i'ii'j_x 1 number of rep- 

the number ot representatives which each city, town, and resentatives of 
representative district is entitled to elect, and ascertain fu ever/teu"'^*^ 
how many years, within ten years, any town may elect a ^'^^^^' 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the first Wednesday of January, theVopieat'" 
or as soon thereafter as may 1)e, by the joint l)allot of the provkous as to 
senators and representatives, assembled in one room, who g°perlededby 
shall, as soon as may be, in like manner, fill up any vacan- ^'^j''"^™^"'^' 
cies that may happen in the council, by death, resignation, 
or otherw^ise. No person shall bo elected a councillor, who Qualifications of 
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 quaHflc'ation'for 
be required as a qualification for holding a seat in either a seat in general 

^ J . . ^ . ., court or council 

branch oi the general court, or ni 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 pfurafuy 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 cmor and legi* 
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 



CONSTITUTION OF THE 



Eight council- 
lorB to be chosen 
by the people. 
122 Mass. 595, 
59S. 



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 ffoveruor. 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 inhaljitants 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 office of council- 
lor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 
tion. The day and manner of the election, the return of 
the votes, and the declaration of the said elections, shall 
l)e the same as are required in the election of governor. 
[Whenever there shall be a failure to elect the full num- 
l)er of councillors, the vacancies shall be filled in the same 
manner as is required for filling vacancies in the senate ; 
and vacancies occasioned by death, removal from the state, 
or otherwise, shall be filled in like manner, as soon as may 
be, after such vacancies shall have happened.] And that 
there may be no delay in the organization of the govern- 
ment on the first Wednesday of January, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the returned copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten days l)efore the said first AVednesday 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 



COMMONWEALTH OF MASSACHUSETTS. 43 

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

Art. XVH. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen i,r"r!'^^uditoir' 
annually, on the day in November prescribed for the gene'Jai'^the 
choice of governor; and each person then chosen as such, people. 
duly qualitied in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
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 o-overnor. In case of a failure to elect y!?'=5°"e«' ^^"^ 

O . . 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 ; l)ut if such 
vacancy shall occur at any other time, it shall })e sup})lied 
by the governor l)y appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the ToqiLiiifywUh. 
offices aforesaid, shall neglect, for the space of ten days "uienvise ^office 
after he could otherwise enter upon his duties, to qualify vacan?.''""'"^ 
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 a]ipointment. 

Art. XVIII. All moneys raised by taxation in the school moneye 
towns and cities for the support of public schools, and pned for »ecta- 
all moneys which may be appropriated by the state for KoI'oriu'im.V 
the support of common schools, shall be applied to, and ^Xo'l? "oc '° 
expended in, no other schools than those which are con- conHtitution. 

11 T 1 11 1 1 ii r.irH<ir8l, Art. 

ducted according to law, under the order and superintend- iii. 



44 



CONSTITUTIOX OF THE 



12 Allen, 500, 

508. 

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- 
ticatious of 
voters . 
Proviso. 
For other quali- 
fications, see 
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- 
sentatives 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 ap])ropriated 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 sherifts, registers of probate, com- 
missioners of insolvency, and clerks of the courts, by the 
people of the several counties, and that district ""ttorneys 
shall be chosen by the people of the several disi.:cts, for 
such term of office as the legislature shall prescribe. 

117 Mass. 602, 603. 121 Mass. 6-3. 

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
v/ealth, who shall not be able to read the constitution in 
the English language, and write his name : jprovided, Jiow- 
ever, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take eflect. 

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 fifty-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 secretary of the common- secretaiy shaii 

wealth, to certify, as soon as may be after it is determined authorized to"' 

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

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 

commissioners of other counties than Suffolk, — or in lieu 

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

county commissioners in each county other than Suffolk, 

such 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 bylaw, — 

shall, on the first Tuesday of August next after each ^i^^f^.'^^/o^ 

, ' . «' ~ division to be 

assignment of representatives to each county, assemble at first Tuesday 
a shire town of their respective counties, and proceed, as Proceedings. 
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 M-hich 
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 122 Mass. sgir' 
for which he is chosen, and shall cease to represent such °^^' 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall l)e Districts to be 
numbered hy the board creating the same, and a descrip- desxribe^dknd 
tion of each, Avith the numbers thereof and the number of '^*^'""^®'^* 
legal voters therein, shall be returned by the board, to the 
secretary of the commonwealth, the county treasurer of 
each county, and to the clerk of every town in each dis- 
trict, to be filed and kept in their respective offices. The 
manner of calling and conducting the meetings for the 
choice of representatives, and of ascertaining their elec- 
tion, shall be prescribed by law. Not less than one ono hundred 
hundred members of the house of representatives shall ™,rorum""' 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from da}' 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 secretaiy of tli(> common- 
wealth, on or l)efore 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- 
fraa;e or make 
eligible tooflice. 
This article 
annulled by 
Art. XXVI. 



Vacancies in the 
senate. 



Vacancies in the 
council. 



thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand 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 number of l^gal voters, ac- 
cording to the enumeration aforesaid : ^^roivV/ecZ, however, 
that no town or ward of a city shall be diAndecl 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 l)e eligible to ofiice, 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 : i^rovided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
jjrovided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

Art. XXIY. Any vacancy in the senate shall 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 concurrent vote, choose some 
eligible person from the people of the district wherein such 
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 fill the 
same by appointment of some eligible person. 

Art. XXVI. The twenty-third article of the articles Twenty-third 
of amendment of the constitution of this commonwealth, ments annuTied! 
which is as follows, to wit : " Xo person of foreign birth 
shall be entitled to vote, or shall be eligil)le to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided, that this amend- 
ment shall not aflect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom," is hereby 
wholly annulled. 

Art. XXVII. So much of article two of chapter six otscersof 
of the constitution of this commonwealth as relates to may^be elected* 
persons holding the office of president, professor, or gen™ra7court. 
instructor of Harvard College, is hereby annulled. 

Art. XXVIII. Xo person having served in the army Amended. 
or navy of the United States in time of war, and having mentsT^. 
been honorably discharged from such service, if otherwise ^^^^^• 
qualified to vote, shall be disqualified therefor on account 
of being a pau})er ; or, if a pauper, because of the non- 
payment of a poll-tax. 

Art. XXIX. The general court shall have full power voting pre- 
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. 

Art. XXX. No person, otherwise qualified to vote in voters not dia- 
elections for governor, lieutenant-governor, senators, and ^e^on of change 
representatives, shall, by reason of a change of residence u[,tTgfx mouths 
within the Commonwealth, be disqualified from voting for ,6^^'^™°**^ 
said officers in the city or town from which he has removed 
his residence, until the expiration of six calendar months 
from the time of such removal. 



48 CONSTITUTION OF THE 

Artfxxviii: Art. XXXI. Article twenty-eight of the Amendments 

amended. of the Constitution 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 

fe'i^^e^d in a?my XXVIII. No pcrson having served in the army or navy 

ornayy, etc , ^f ^}jg United Statcs iu time of war, and having been hon- 

not disqualified ,,ti t n i ..^, '? i-ni 

from voting for orably discharged irom such service, it otherwise qualmed 
pouTaY.""^" ° to vote, shal'l be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or 
because of the non-payment of a poll tax. 



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 adjournments to the 
second day of March, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitution was submitted to the people, to oe adopted by them, 
provided tfl'o-thirds of the Azotes given should be in the aftirmative. 
Wlien 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 bef oi'e, for any purpose, save only for that of making elections, 
agi'eeable to this resolution." The first legislature assembled at Bos- 
ton, on the twenty-fifth day of October, 1780. 

The first nine Articles of Amendment were submitted, by delegates 
in convention assembled, November 15, 1820, to the jjeople, and by 
them ratified and adopted, April 9, 1821. 

The tenth Article was adopted by the legislatiu'es of tiie political 
years 1829-30, and 1830-31, respectively, and was ajiproved and rati- 
fied by the people May 11, 1831. 

The eleventh Article was adopted by the legislatures of the politi- 
cal years 18.')2 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 
yeai's 1835 and 1836, respectively, and was approved and ratified by 
the people the fourteenth day of November, 1836, 



COMMONWEALTH OF MASSACHUSETTS. 49 

The thirteenth Article was adopted by the legislatures of the polit- 
ical years 1839 and 1840, respectively, and was approved and ratified 
by the j^eople the sixth day of April, 1840. 

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

The twentieth, twenty-first, and twenty-second Articles were 
adopted by the legislatures of the j^olitical 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 legislatui-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. 

The twenty-fourth and twenty-fifth Articles were adopted by the 
legislatures of the political years 1859 and 1860, and ratified by the 
peoi>le on the seventh day of May, 1860. 

The twenty-sixth Article was adopted b}- the legislatures of the 
Iiolitical years 1862 and 1863, and ratified by the people on the sixth 
day of April, 1863. 

The twenty-seventh Article was adopted by the legislatures of the 
political years 1876 and 1877, and was api3i"oved. and ratified by the 
people on the sixth day of November,- 1877. 

The twenty-eighth Article was adopted by the legislatures of the 
political years 1880 and 1881, and was approved and ratified by the 
peojile 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. 

The thirtieth and thirty-first Articles were adopted by the legis- 
latures of the political years 1889 and 1890, and were approved and 
ratified by the people on the fourth day of November, 1890. 



[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, 1889.] 



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 tlie required oaths, may be made by Quakers, 30 

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

Alimony, divorce, etc., 

Amendment to the constitution, proposed in the general court, 
agi'eed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court ; if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall l)e submitted to the people, and, if approved 
by them by a majority vote, becomes a pai't 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, . . . . . 16, 39 
to tlie several counties, made on the basis of legal voters, 

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, while going to, returning from, or attend 
ing the general assembly, ...... 

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

Attornej^-gcneral, to be chosen by the people annually in November 
to hold office for one year from third Wednesday in January 
next thereafter, and until another is cliosen and qualified 
election d(;termincd by legislature, ..... 
in failure of election by the voters, or in case of decease of 
person elected, vacancy to be tilled by joint ballot of legis- 
lature from the two persons having the highest number of 

votes at November election 

51 



Page 

26 
22 
22 
31,35 
29 
27 



36 


37 


41 


42 




42 


40, 


46 




4G 


40 


44 




44 



18 

7 

7 

21, 43 

43 
43 



43 



32 INDEX TO THE CONSTITUTION. 



Page 



Attorney-general, vacancy occuiTing during session of the legisla- 
ture, filled by joint ballot of legislature from the people 
at large, 43 

vacancy occuiTing 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 

office 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 office for one year from third Wednesday in .January 

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

election detennined by legislature, ...... 43 

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

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

next preceding election, . 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

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

Bills, money, to originate in the house of representatives, . . 17 

Bills and resolves, to be laid before governor for revisal, ... 10 

to have force of law if signed by governor, .... 10 

if objected to l)y governor in writing, to be returned to 
branch in which originated, and may be passed by t\vo- 
thirds 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 office of trust, etc., . . 32 



c. 

Census of ratable polls, 38 

of inhabitants, 40, 44, 45 

of inhabitants and legal voters taken in the year 1865, and 

every tenth year thereafter, . . . . • . 44, 46 

enumeration of voters to determine the apportionment of 

representatives, 44 



INDEX TO THE CONSTITUTION. 53 

Page 

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

thereof, . 34 

Civil officers, meeting for election to be held annually on the Tues- 
day next after the hrst Monday in November, . . . 41 
whose election is provided for by the constitution to be 

elected by a plurality of votes, 41 

Clerks of courts, elected by the people of the several counties, . 44 
Clerks of towns, to make records and returns of elections, . . 13 
Colonial laws, not repugnant to the constitution, contmued in 

force, ■••........ 32 

Commander-in-chief, governor to be, 20 

Commerce, agriculture and the arts, to be encouraged, ... 29 
Commissary-general, appointed and commissioned as tixed by law, . 25, 35 
Commission officers, tenure of office to be expressed in commissions, 20 
Commissioners of insolvency, elected by the people of the several 

counties, .......... 44 

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

seal affixed, 32 

Congi-ess, delegates to, 27 

members of, may not hold certain state offices, , . 36 

Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and vothig thereon by yeas and nays; entered 
upon tlie 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, ............ 

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

Council, live members to constitute a quorum, 

eight councillors to be elected annually, 

election to be determined by rule required in that of govei-- 

nor, 42 

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

presence of both houses of assembly, .... 29 

to rank next after the lieutenant-governor, .... 25 
resolutions and advice to be recorded in a register, and signed 

by the members present, 25 

register of council may be called for l)y either house, . . 25 
to exercise the power of governor when office of governor 

and lieutenant-governor is vacant, 25 



3G, 


,37 


33, 


36 




34 




21 




32 




24 


24, 


42 



54 INDEX TO THE CONSTITUTION. 

Page 

Council, no property qualification required, 41 

eight districts to be formed, eacli 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 

vacancy to be 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, 46, 47 

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

judges not to hold certain other offices, 36 

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

governor and council, 26 

Courts, clerks of, elected by the people of the several counties, . 44 

Courts, probate, provisions for holding, 26 

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

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

may administer oaths or affirmations, . . . . 11 

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

Crimes to be pi'oved in the vicinity of where they happen, . . 7 

D. 

Debate, freedom of, in the legislature 8 

Declaration of the rights of the inhabitants 4 

Declaration and oaths of officers ; tests abolished, . . .29, 35, 36 

Delegates to congress, 27 

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

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

senatorial districts, 42 

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

several counties, ....••••• 39, 45 

Divorce, alimony, etc., 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free ^ 

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



INDEX TO THE CONSTITUTION. 



55 



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

Tuesday next after tlie first Monday in November, . , 41 
in case of failure to elect representative, meeting to be held 

on fourth Monday in November, 4^ 

Election returns, 

Enacting style of laws, established, 

Equality and natural rights of all men, 

Estates, valuation to be taken anew once at least every ten years, 

Executive department, not to exercise legislative or judicial powers, 

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



13, 42 

33 

4 

12 

9 

9 



F. 

Felony and treason, no subject to be declared guilty of, by the legis- 
lature, 

Fines, excessive, not to be imposed, 

Frame of government, 

Freedom of speech and debate in the legislature, . . . . 

Freehold, possession of, not recjuired as qualification for seat in the 
general court or council, 

Fundamental principles of the constitution, a frequent recurrence to, 
recommended, 



9 

9 

10 



41 



G. 

General court, to assemble freqiJently for redress of gi-ievances, and 

for making laws, 

freedom of speech and debate in, ] 

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

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other . 

to assemble eve^ year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor with the advice of council, 10, 

may constitute and erect judicatories and courts, 

may make wholesome and reasonable laws and ordinances not 
repugnant to the constitution 

may provide for the election or appointment of officers, and 
prescribe their duties, 

may impose taxes, etc., to be used for the public service, 

to be dissolved on the day next preceding the first We'dnes 
day of January, 

travelling expenses of members, 

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

session may be directed by governor, with advice of council 
to be held in other than the usual place in case of an infee 
tious distemper prevailing, 



19, 



20, 



9 
10 



11 



11 
12 



19 



19, 20 



56 INDEX TO THE CONSTITUTION. 

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

to office, 32 

certain officers not to have seats in, 31 

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

houses disagree, etc., 20 

to elect major-genei'als by concurrent A'ote, .... 21 

empowered to charter cities, ....... 34 

to determine election of governor, lieutenant-governor and 

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

to prescribe by law for election of slierifts, registers of probate 
and commissioners of insolvency by tlie people of the 
counties, and district attornej's by the people of tlie 

districts, 44 

Government, objects of 3, 5, 6 

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

state, 5 

Governor, tiie supreme executive magistrate, st5ded, — Tlie Gover- 
nor of the Commonwealth of Massachusetts; with the 
title of, — His Excellency ; elected annually, . . . IS 
qualifications, — to have been an inhabitant of tlie 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 arifl}'^ and navy, but may not 

oblige them to go out of the limits of the state, . . 20, 21 

to appoint the adjutant-genei'al, 22 

may call together the councillors at any time, .... 19 

not to hold certain other offices, 31 

to talve oaths of office before president of the senate in pres- 
ence of the two houses of assembly, . f. . . . 31 

to sign all commissions, 32 

election determined by the legislature, . . . . . 42, 43 

veto power, .......... 10 

vacancy in office of, powers to he 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 tlie legisla- 
ture upon request, and convene the sauie, .... 19 
majr adjourn or prorogue the legislature for not exceeding 
ninety days wlien houses disagree, or ma}^ direct session 
to lie 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 arraj', ... 22 
may pardon ofl'ences, but not before conviction, . . . 21 
may fiU vacancy iu council occurring when legislature is not 

in session, 47 

with consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, ... 26 
Governor and council, to examine election returns, . . . . 14, 42 

may punish persons guilty of disrespect, etc., by imprisou- 

meut not exceeding thirtj^ daj's, . . . . . . 17, 18 

quorum to consist of governor and at least live members of 

the council, 19 

maj^ require the attendance of the secretary of the common- 
wealth iu person or by deputy, 2G 



H. 

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

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

boai'd of overseers established, but the government of the 

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

officers may be elected meral)ers of the general court, . . 47 
Hereditary offices and privileges, absurd and unnatural, . . . 5, G 
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, . . . . . . IG 

may impose fines upon towns not choosing members, . . IG 
expense of travel once every session each way, to be paid l)y 

the government, IG 

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

large upon records, 10 

qualifications of members, . . . . . .17,41,45 

must be an inhabitant of district for one j'ear preceding elec- 
tion, and sliall cease to be a member when ceasing to be 
an inhabitant of the state, ....... 45 

members not to ))e 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 proi)osf or 

concur with amendments, 17 

not to adjourn more than two days at a time, . . . . 17 
one himdred members constitute a quorum, . . . .17,4.") 
to choose officers, establish its rules, etc., . . . . 17 

may punish by imprisonment, not exceeding tliirty days, jK-r- 

sous guilty of disrespect, etc. ; trial may be by connnitt';e, 17, IS 



58 INDEX TO THE CONSTITUTION. 

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

may require tlie attendance of scci'etary of the comraonwealtli 

in person or by deputy, 26 

may require tlie opinions of tlie justices of tlie supreme judi- 
cial court upon important questions of law, and upon 
solemn occasions, 26 

meeting for election to be lield on the Tuesday next after the 

fii'st Monday of November, 41 

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

Monday of November, 41 

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

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

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

board authorized to divide county into districts, to be certi- 
fied to by the secretary, tlie number of representatives to 
which the count}' 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 word defined, 13 

Inhabitants, census to be taken in 18G5, 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, » 

J. 

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

standing laws, 9, 23, 26 

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

legislature, 26 

not to hold certain other offices, 31 

Judicatories and courts, may be established by the general com-t, . 11 

may administer oaths or affirmations, 11 

Judicial department, not to exercise legislative or executive powers, 9 



INDEX TO THE CONSTITUTION. 59 

Pag« 

Judicial officers, appointed l)y the governor with consent of coun- 
cil ; nominations to be made seven days prior to appoint- 
ment, 21 

to hold office dmnng good behavior, except when otherwise 

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

may be removed from oflice by the governor, upon tlie address 

of both houses of the legislature, 26 

Jury, trial by, i-ight 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, suljject to, except by authority 
of the legislature, ........ 9 

Laws, every person to have remedy in, for injury to person or prop- 
erty, 6 

power of suspension or execution of, only in the legislature, 8 

ex post facto, prohibited as unjust and inconsistent with free 

government, 9 

of province, colony and state, not repugnant to the constitu- 
tion, continued in force, 32 

Legislative power, 9 

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

Legislatm-e (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; Avho shall be qualilied in property and resi- 
dence same as governor, 23, 37, 41 

in the absence of governor, to be president of tlie council, . 24 
to be acting governor when the chair of the governor is 

vacant, 24 

to take oath of office l^ef ore president of tlie senate in presence 

of both houses, 31 

not to hold certain other offices, 31 

term of office, 37 

Literature and the sciences to be encom*aged, 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 representati\^es I)}'' 

concurrent vote, 21 

may appoint their aids, 22 



60 



INDEX TO THE CONSTITUTION. 



MaiTiage, divoi'ce and alimony, ...... . 

Martial law, onlj- those employed in the army and navy, and the 
militia in actual service, subject to, except by authority of 

leajislature, 

Militarj^ 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 oftlcers, 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 counci 

may appoint oflicers, 

officers commissioned to command may be removed as may 

be prescribed by law, 

appointment of stall' 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 ounce, .... 

Monej' bills, to originate in house of representatives, 

Moneys, raised or appropriated 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 

22 



17 
43 



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

address of both houses, 35 



o. 

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

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

forms of, 29, 30, 35 

Quakers may affirm, 31, 35, 36 

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

Objects of government, 3, 6 

Oflences 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 persous having the prescribed qualiflcatious equally eli- 
gible to 6 

no person eligil^le to, unless they can read and write, . . H 
Offices, plurality of, prohibited to governor, lieutenant-governor and 

judges, 31,36' 

incompatible, 31,32,36 

Officers, civil, legislature may provide for the naming and settling 

of, 11 

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

Officers, judicial, to hold office during good behavior, except, etc., . 26 
may be removed by governor, with consent of council, upon 

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

Officers of former government, continued, 83 

Officers of the militia, election and appointment of , . . . . 21 

removal of, 22, 35 

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

Organization of the militia, 22 



P. 

Pardon of offences, governor with advice of council may gi'ant, but 

not before conviction, 21 

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

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

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

Petition, right of, 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 14 

Plurality of offices, 81 

of votes, election of civil officers by, 41 

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

Polls, ratable, census of, . 38 

Preamble to constitution, 3 

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

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

Probate courts, provisions for holding, 26 

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

judges maj'' not hokl certain other offices, ... 36 

Property qualification, may ])e increased by the legislature, . . 32 

partially abolished, 41 

Prosecutions for crimes and oflences regulated, 7 



62 INDEX TO THE CONSTITUTION. 

Page 
Provincial laws, not repugnant to tlie constitution, continued in 

force, 32 

Public boards and certain officers to malvc quarterly reports to tlie 

governor, 22 

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

Public notary (see Notary public). 

Public religious Avorship, right and duty of, 4 

Punishments, cruel and unusual, not to be inflicted, .... 9 

Q. 

Quakers, may make affirmation, 31,35 

Qualiflcation of persons to be elected to office may be increased I)y 

the legislature, 32 

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

Qualification, property, partially abolislied, 41 

Qualifications of a voter 13, 17, 34, 44, 4(5, 47, 48 

of governor, . . . . . . . . . . 18, 43 

of lieutenant-governor, 23, 43 

of councillors, . 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 magistrates, .... 8 

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

of senate, to consist of sixteen members 16, 46 

of house of representatives, to consist of one hundred 

members, 17, 45 

R. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, 44 

Records of the commonwealth to be kept in the oflice of the secre- 
tary, 26 

Register of the council, resolutions and advice to be recorded in, and 

signed by members present, 25 

Registers of probate, chosen by the people of the several counties, . 21, 44 

Keligious denominations, equal protection secured to all, . . . 5, 38 
Religious sect or denomination, no suboi'dination 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 

Pago 
Religious worship, pu1)lic, riglit and duty of, and protection tliereiu, 4 

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

worship, . . . . . . . . . 4, 5, 38 

Remedies l\y recourse to the law, to be free, complete and prompt, . 6 

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

Returns of votes, 13, 19, 42, 43 

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

s. 

Sailors and soldiers, wlio liave served, etc., during time of war, not 
disqualified from voting on account of non-payment of 

poll tax, 48 

Salary, a stated and honorable salary to be established for the gov- 
ernor, ........... 23 

permanent and honoraljle salaries to ha established for ,the 
justices of tlie 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 commonwealtli to be affixed to all commissions, . 32 
Search, seizure and arrest, right of, regulated, ..... 7 

Secretary of the commonwealth, to l)e chosen by tlie people annually 

in November, . . . • 25, 43 

to liold office for one year from third Wednesday in January 

next, thereafter, and until anotlier is chosen and qualified, 43 

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

iu failure of election by voters, or in case of decease of person 
elected, vacancy to be filled by jomt ballot of legislature 
from the two persons having the highest number of votes 
at November election, 43 

vacancy occurring during session of tlie legislature, filled by 

joint ballot of tlie 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 inliabitant of the state for five years 

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified 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 20 

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

by deputies, as they shall require, 2(5 

to attest all commissions, ........ 32 

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

number of representatives to which the county is entitled, 45 



15, 


4G 


15, 


41 




15 




15 


15, 


17 




IG 




18 



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, 5 

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

to consist of forty members, apportionment, etc., . . 12, 39, 4G 

to be cliosen 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 l)y election, by people of the district, upon 
order of majority of senators elected, 

qualifications of a senator, 

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

to choose its officers and establish rules, .... 

shall try all impeachments, ...... 

sixteen meml:)ers constitute a quorum, .... 

ma.v punish for certain ofieuces ; trial may be b^' committee, 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, 2G 

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, . 4G 
apportionment based upon legal voters, . . . . . 4G 

Sheriffs, elected by the people of the several counties, . . . 21, 44 
Sih-er, value of money mentioned in the constitution to lie computed 

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

consent of owner, 

Soldiers and sailoi's, who have served in time of war, etc., not dis- 
qualified from voting on account of non-payment of poll 

tax, 48 

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, 2G 

not to hold certain other oflices, 31, 3G 

Sureties of bail, excessive, not to be reciuired, 9 



INDEX TO THE CONSTITUTION. 65 

T. 

Page 
Taxation should be founded on consent, . . . . . . 6, 8 

Taxes, not to be levied without the consent of the people or their 

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

may be imposed by the legislatvu'e, ...... 12 

valuation of estates, to be taken anew once at least every ten 

years, 12 

Tenure that all commission officers shall ])y law have in their offices, 

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

Tests abolished, 36 

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

Title of governor to be, — His Excellency, 18 

Title of lieutenant-governor to be, — His Honor, .... 23 
Town clerlv, to mal<e record and return of elections, . . . . 13 

Town meetings, seloctnien to preside at, 13 

Town representation in the legislature, 16,39,40 

Towns, voting precincts in, ........ 47 

Travelling expenses of members, to general assemblj' 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 tiie 

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

Treasurer and receiver-general, to be chosen by tlie i)eople annually 

in November, ........ 25, 26, 43 

to hold office for one year from third Wednesday in January 

next thereafter and until another is chosen and qualitied, . 43 
manner of election, etc., same as governor, .... 43 

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

next preceding election or appointment, .... 43 

no man eligible more tlian five years successively, . . . 25, 26 
in failure of election by voters, or in case of decease of pei'son 
elected, vacancy to be filled by joint ballot of legislature 
from tlie two persons having the highest number of votes 

at November election, 43 

vacancy occurring during session of the legislature, filled b}'' 

joint ballot of the legislature from the people at large, . 43 
vacancy occurring when legislature is not in session, to he 
filled by governor, ))y 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 ))e issued from, but upon tlie 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 be exercised by lieutenant- 
governor, ......=... 24 

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

be exercised by the council, 25 

Vacancy in the council, to be filled bj^ 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 l)e filled by election by the people upon the 

order of a majority of senators elected, . . . . 15, 46 
Vacancy in office of secretary, treasurer, auditor and attorney-gen- 
eral, caused by decease of person elected, or failure to 
elect, filled by joint ballot of legislature from the two 
persons having highest number of votes at November 
election, .....,..., 43 
occurring during session of legislature, filled by joint ballot 

of legislature from people at large, . = . . . 43 
occurring when legislature is not in session, to be filled by 

governor, by appointment, with advice of council, . . 35, 43 
Vacancy in militia office, filled by governor and council, if electors 

neglect or refuse to make election, 21,22 

Valuation of estates, to be taken anew once in every ten years at 

least, c ... 12 

Veto power of the governor, 10 

Voters, qualifications of, at elections for governor, lieutenant-gover- 
nor, senators and representatives, . 13, 17, 34, 44, 46, 47, 48 
not disqualified on account of non-payment of poll tax if they 

have served in the army or navy in time of war, etc., . 48 
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 Englisii language, . , 17, 34, 44 
the basis upon which tlie apportionment of representatives 

to the several counties is made, 44 

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

census of voters to be taken in 1865, and every tentli year after, 44, 46 

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

plurality of, to elect civil officers 41 

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 67 



w. 

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

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

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

l)y the clerli, 32 

Writing and reading, necessary qualifications for voting, or holding 

oflice, 44 

Y. 

Year, political, begins on the first Wednesday of Januai'y, . . 37 



ACTS A'ND EESOLVES 



MASSACHUSETTS. 



1891. 



Ji@=° The General Court of 1891 assembled on Wednesday, the seventh 
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 William E. Russell, and His Honor 
William H. Haile, on Thursday, the eighth day of January, in the pres- 
ence of the two Houses assembled in convention. 



ACTS AND RESOLVES. 



An Act making appuopriations for the compensation and ni^rfnr. 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 assembled^ and by the authority of the same, 
as folloivs : 

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

For compensation of senators, thirty thousand seven senators, com- 
hundred and fifty dollars. ptu^aion. 

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

For compensation of representatives, one hundred and ?ves?compea. 
eighty thousand seven hundred and fifty dollars. sation. 

For the mileage of representatives, a sum not exceed- Mileage. 
ing 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, 

, 1 1 J^ J 1 I p messengeis and 

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

For continijent expenses of the senate and house of contingent 

~ I Til expenses. 

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 bui- 
legislative bulletin of committee hearings, a sum not ex- 
ceeding one thousand dollars. 

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



650 



1891. — Chapter 2. 



Witnesses be- 
fore commit- 
tees. 



Expenses of 
committees. 



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

For expenses of summoning witnesses before commit- 
tees, 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 February 2, 1891. 



Chap. 



2 An Act making appropriations for the maintenance of the 
government for the present year. 



Be it enacted, etc., as foUoivs : 
Appropriations. Section 1. The suuis 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-one, to wit : — 



Clerks of senate 
and house. 



Assistant 
clerks. 



Additional cleri- 
cal assistance. 



Sergeant-at- 
arma. 



Clerk. 



Engineer. 



Messengers. 



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, fifteen 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 exceed- 
ing three thousand dollars. 

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

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

For the salary of the engineer at the state house, fifteen 
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 seroeant-at-arms' messengers, eleven 
hundred dollars each. 



1891. — Chapter 2. 651 

For the salaries of the fireman at the state house and firemen and 
fireman and janitor at the Commonwealth building, nine 
hundred dollars each. 

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

EXECUTIVE DEPARTMENT. 

For the compensation of the lieutenant-governor, two Lieutenant gov- 
thousand dollars, and for the executive council, six thou- ciT°^''°' '^°"°' 
sand four hundred dollars. For the travelling expenses 
of the executive council, a sum not exceeding five hun- 
dred dollars. 

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

For the salary of the executive clerk of the governor Executive ciei-k. 
and council, seventeen hundred dollars. 

For the salary of the messenger of the governor and Messenger. 
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 depart- First cierk. 
inent, two thousand dollars. 

For the sahny of the second clerk in the secretary's second cierk. 
department, seventeen hundred dollars. 

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

For a messenger and such additional clerical assistance Extra clerks and 

, J. a J 4- T messenger. 

as the secretary may find necessary, a sum not exceeding 
thirteen 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 depart- F''"8t cierk. 
ment, 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 Third cierk. 
department, fourteen hundred dollars. 



652 



1891. — Chapter 2. 



Fund clerk. 



Receivinsr teller. 



Paying teller. 



Extra clerks. 



Deputy sealer of 
weights and 
measures. 



For the salary of the fund clerk in the treasurer's 
department, 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 ma}^ be necessary for the despatch of public 
business, a sum not exceeding one thousand dollars. 

For the salary of the deputy sealer of weights, meas- 
ures and balances, twelve hundred dollars. 



Tax commis- 
sioner and com- 
missioner of 
corporatiotis. 
First clerk. 

Second clerk. 



Extra clerks. 



TAX COMMISSIONERS DEPARTMENT. 

For the salary of the tax commissioner and commis- 
sioner of corporations, thirty-five hundred dollars. 

For the salary of the first clerk in the department of the 
tax conniiissioner, two thousand dollars. 

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

For such additional clerical assistance as the tax com- 
missioner and commissioner of corporations may find 
necessary for the despatch of public business, a sum not 
exceedins fourteen thousand dollars. 



Auditor. 



First clerk. 



Secoud 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 neces- 
sary, a sum not exceeding five hundred dollars. 



Attorney-gen- 
eral. 



First assistant. 



Second assist- 
ant. 



ATTORNEY-GENERALS DEPARTMENT. 

For the salary of the attornej^-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. 



1891. — Chapter 2. ' 653 



COMMISSIONERS AND OTHERS. 

For the salary of the chairman of the commissioners Commissioners 
of savings banks, thirty-five hundred dollars. banks'clair- 

For the salaries of the two associate commissioners of ™^°' . . 

Ill 1 Till Associate com- 

savings banks, three thousand dollars each. missioners. 

For the salary of the first clerk of the commissioners First cieris. 
of savings banks, fifteen hundred dollars. 

For the salary of the second clerk of said commis- second cierk. 
sioners, twelve hundred dollars. 

For the salary of the insurance commissioner, thirty- insurance com- 
five hundred 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- Tiiird 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 twelve thousand 
nine hundred and fifty dollars. 

For the salary of the inspector of gas meters, two inspector of gas 
thousand dollars. me ers. 

For the salary of the assistant inspector of gas meters. Assistant 
twelve hundred dollars. mspecoi. 

For the salary of the secretary of the commissioners of ^°™! 
prisons, twenty-five hundred dollars. "etary 

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

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

For the salary of the agent for aiding dischar«:ed female Agent fordis- 
prisoners, a sum not exceeding seven hundred and prisolfersr'" 
seventy-five dollars. 

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

ji 1 1 11 missioners. 

thousand dollars. 

For the salary of the clerk of the railroad commis- cierk. 
sioners, twentj'^-five hundred dollars. 

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



missioners 
isous, sec- 



654 



1891. — Chapter 2. 



ABsayer and 
inspector of liq- 
nors. 

Bureau of statis- 
tics of labor, 
chief. 

First clerk. 



Second clerk. 



Extra clerks and 
expenses. 



Statistics of 
manufactures. 



Commissioner 
on state aid. 

Clerical assist- 
ance and ex- 
penses. 



Harbor and land 
commissioners. 



Engineer and 
assistants. 



Civil service 
commission. 



Gas commis- 
sioners. 



Controller of 

county 

accounts. 



State board of 
arbitration. 



Commissioner 
of foreign cor- 
porations. 



For the salary of the assay er and inspector of liquors, 
twelve hundred dollars. 

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

For the salary of the first clerk in the bureau of statis- 
tics of labor, eighteen hundred dollars. 

For the salary of the second clerk in the bureau of sta- 
tistics of labor, 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 sixty- 
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 four hundred 
and sixty 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-five hun- 
dred dollars. 

For the salary of the chief examiner of the civil service 
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 
two deputies 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 twelve hundred 
dollars. 

For the compensation of the commissioner for the super- 
vision of foreign corporations engaged in the business of 
selling or negotiating bonds, mortgages, notes or other 
choses in action, three thousand dollars. 



1891. — Chapter 2. ^^5 

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

For the salary of the secretary of the state board of 2°f '^ ^t^^^"''' 

J J secretary. 

health, three thousand dollars. 

For the salary of the commissioner on public records of of'^arighe°'^^tc , 
parishes, towns and counties, two thousand dollars. commissioner. 

For clerical services, rent, postao-e, printins;, travellins^ clerical services 

, ., ^ , '■ . P '^ ""it 1 and expenses. 

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

AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the state board of ^^.""^^ °^ ^sn- 

r. , , , T ,, culture, secre- 

agriculture, twenty-five 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 oiEce of the secretary Extra clerks, 
of the state board of agriculture, and for lectures before 
the board at its annual and other meetings, a sum not 
exceedino; ei^ht hundred dollars. 



EDUCATIONAL DEPARTMENT. 

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

For the salary of the assistant librarian arid clerk of the Assistant Hbra- 
state board of education, twenty-five hundred dollars. nan, etc. 

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

For the purchase of books for the state library, five Books for state 
thousand dollars. ' ''^'^' 

MILITARY DEPARTxMENT. 

For the salary of the adjutant-general, thirty-six hun- Adjutant i,'en. 
dred dollars. '^'"^• 

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

For the salary of the second clerk in the adjutant- second cierk. 
general's de[)artment, sixteen hundred dollars. 

For the salary of an additional clerk in the adjutant- ^^\'|!"°"*^ 
general's department, sixteen hundred dollars. 



656 



1891. — Chapter 3. 



Extra clerks. 



Additional 
clerical assist- 
ance. 

Employees at 
arsenal. 



Surgeon-gen- 
eral. 

Military and 
naval historian. 



general 



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

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

For such additional clerical assistance as the adjutant- 
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. 



Provincial laws. 



Preservation of 
state records 
and papers. 



Chap. 3 



Appropriations. 



MISCELLANEOUS. 

For the commissioner appointed to edit the provincial 
laws, as authorized by chapter seventy-seven of the 
resolves of the year eighteen hundred and ninety, two 
thousand dollars. 

For the arrangement and preservation of state records 
and papers under the direction of the secretary of the 
Commonwealth, a sum not exceeding five thousand dollars. 

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

Approved February 6, 1891. 

An Act making appropriations for the maintenance of the 
judicial department of the government during the pres- 
ENT YEAR. 

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 hundred 
and ninetv-one, to wit : — 



Supreme judi- 
cial court, trav- 
elling expenses. 



Clerk. 



SUPREME judicial COURT. 

For travelling expenses of the chief justice of the 
supreme judicial court, five hundred dollars ; and for the 
travelling expenses of the associate justices of the supreme 
judicial court, three thousand dollars. 

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



1891. — CHArTER 3. G57 

For- the salary of the reporter of decisions of the Reporter of 
supreme judicial court, four thousand dollars ; and for •*^"^'°'"^- 
clerk hire and incidental expenses of the reporter, one 
thousand dollars. 

For the salaries of the officers and messengers of the officers and 
supreme judicial court, twenty-four hundred dollars. 

For the salary of the clerk of the supreme judicial ^'ft"^ ^°'" ^''*' 
court for the county of Suffolk, fifteen hundred dollars. 

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



SUPERIOR COURT. 

For the salary' and travelling exi)enses of the chief jus- superior court, 
tice of the superior court, six thousand dollars. '^^^^^ justice. 

For the salaries and travelling ex[)enses of the thirteen Associate 
associate justices of the superior court, seventy-one thou- J"^^''=^^- 
sand five hundred dollars. 

For the salary of the ex-chief justice of the superior Exchiefjusiice, 
court, now retired, twenty-seven hundred and fifty '■*^'^'''^''- 
dollars. 

COURTS OF PROBATE AND INSOLVENCY. 

For the salary of the iudo;e of probate and insolvency Judges of pro 
for the county of Suffolk, five thousand dollars. vency, Suffolk. 

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

For the sahir}^ 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 probate and insolvency Norfolk. 
for the county of Norfolk, twenty-tive hunelred dollars. 

For the sahiry 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 Hampden, 
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 F^'ikiin. 
for the county of Franklin, fourteen hundred dollars. 



658 



1891. — Chapter 3. 



Barnstable. 
Nantucket. 
Dnkes County. 



Registers — Suf- 
folk. 



Middlesex. 

Worcester. 

Essex. 

Norfolk. 

Brietol. 

Plymouth . 

Hampden. 

Berkshire. 

Hampshire. 

Franklin. 

Barnstable. 

Nantucket. 

Dukes County. 



Assistant regis- 
ters, — 
Suffolk. 

Middlesex. 



Worcester. 



Essex. 



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

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

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

For the salary of the register of probate and insolvency 
for the county of Sufi'olk, three thousand dollars. 

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

For the salary of the register of probate and insolvency 
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 register 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. I 

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 proi)ate 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. 



1891. — Chapter 3. G59 

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

For the salary of the clerk to the register of probate cierk,-suf- 
and insolvency for the county of Suftblk, twelve hundred °^' 
dollars. 

For extra clerical assistance to the register of probate ciencai assist- 
and insolvency for the county of Sufiblk, fifteen hundred ai^''«' - Suffolk. 
dollars. 

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

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

For extra clerical assistance to the register of probate Bristol. 
and insolvency for the county of Bristol, a sum not exceed- 
ing four hundred 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 Plymouth. 
and insolvency for the county of Plymouth, for the pur- 
pose of'arranging and indexing the files and records in 
his office, a sum not exceeding six hundred 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 files and records in his 
office, a sum not exceeding six hundred dollars. 

For extra clerical assistance to the courts of probate Extra clerical 

di • .1 1 i* 1' ii /^ assistance in the 

insolvency m the several counties oi the Common^ several counties. 

wealth, 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 attorney for Suffolk district, District attor- 

/ my, -Suffolk. 

five thousand dollars. 

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

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

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



Eastern district. 



Bouth-eaetein 
district. 



Sonthern dis 
trict. 



Middle district. 



Western dis 
trict. 



North-western 
district. 



660 1891. — Chapter 4. 

?jy"ZfNor°hern ^^^' ^^^ Salary of the district attornev for the northern 
district. district, twenty-four hundred dollars. 

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

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

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

For the salarj^ of the district attorney for the middle 
district, twenty-four hundred dollars. 

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

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

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

Apjjroved February 6, 1891. 

Chap. 4 AnACTMAKING APPROPRIATIONS FOR CERTAIN ALLOWANCES AUTHOR- 
IZED BY THE LEGISLATURE. 

Be it enacted^ etc., as foUotvs : 

Appropriations. Section 1 . The sums hereinafter tnentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth, to provide for certain yearly allowances authorized 
by the legislature, to wit : — 

tidefwaters?' '° ^^r cxpcnscs in connection with the removal of wrecks 
and other obstructions from tide-waters, a sum not exceed- 
ing five thousand dollars. 

pel-rmenta?' ''^' ^^^ maintaining an agricultural experimental station at 

station. the Massachusetts agricultural college in the town of 

Amherst, the sum often thousand dollars. 

4nege!-Tchoi- ^°^' ^^^ Massachusetts agricultural college, for the pur- 

aishipe. pose of providing eighty free scholarships, the sura of ten 

thousand dollars. 

Labor fund, etc. For.thc Massachusctts 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. 

fetbie'm°nd*ed. ^^^^ ^^e Massachusctts school for the feeble-minded, the 
sum of twenty-five thousand dollars. 



1891. — Chapter 5. 661 

For the Perkins institution and Massachusetts school bfind°'*°"^^ 
for the blind, the sum of thirty thousand dollars. 

To enable small towns to provide themselves with school fjn^d^nts"^^""' 
superintendents, a sum not exceeding twenty-seven thou- 
sand dollars. 

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

For the payment of extraordinary expenses, to be Extraordinary 
expended under the direction ot the governor and council, 
a sum not exceeding twenty thousand dollars. 

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

Approved February 6, 1891. 



expenses. 



Chap. 5 



An Act making appropriations for printing and binding 
public documents, purchase of paper, publishing laws, 
and preparing tables and indexes relating to the stat- 
UTES. 

Be it enacted., etc. , as foUoics : 

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

For printing and binding the series of public documents, Printing and 
under the direction of the secretary of the Commonwealth, documents. ''^ 
a sum not exceeding forty-five thousand dollars. 

For printing the pamphlet edition of the acts and J-ou^'f^Jfctgand 
resolves of the present year, for distribution in the Com- lesoives. 
monwealth, a sum not exceeding twenty-five hundred 
dollars. 

For printing and binding the blue book edition of the biuc book edi- 
acts and resolves of the present year, wnth the governor's re°8oives**'** "° 
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 

, . -ii. 11- 1 publication of 

all information intended for the public, a sum not exceed- laws, etc. 
ing five hundred dollars. 

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



For assessor's books and blanks furnished cities and ^^^ll^°l^^ 
towns by the secretary of the Commonwealth, a sum not blanks. 
exceeding one thousand dollars. 



662 



1891. — Chapter 6. 



Registration. 



Paper for state 
printing. 



Tables and 
indexes. 



Early acts and 
resolves. 



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

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

For the preparation of tables and indexes relating to 
the statutes of the present year and previous years, under 
the direction of the governor, a sum not exceeding three 
hundred dollars. 

For collating, indexing and publishing in a style similar 
to that in which the blue books, so called, are now pub- 
lished, all the acts and resolves of the general court from 
the adoption of the constitution to the year eighteen hun- 
dred and six, a sum not exceeding fifty-five hundred 
dollars. 

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

For printing and distributing ballots at the public 
expense, cast in elections for national, state, district and 
county officers in the cities and towns of the Common- 
wealth, a sum not exceeding ten thousand dollars. 

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

Approved February 6, 1891. 

Chap. 6 -'^N Act making appropriations for sundry charitable 

EXPENSES. 

Beit 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, to meet sundly charitable expenses for the year 
ending on the thirt3'-Hrst day of December in the year 
eighteen hundred and ninety-one, to wit: — 



Legislative 
printing and 
binding. 



Printing and 

distributing 
ballots. 



Board of 
lunacy and 
charity. 



STATE BO Alii) OF LUNACY AND CHAEITY. 

For expenses of the board of lunacy and charity, 
including travelling and other expenses of members, nec- 
essary legal expenses, and salary and expenses of the 
clerk and auditor, a sum not exceeding forty-live hundred 
dollars. 



1891. — Chapter 6. 663 

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

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

For salaries and expenses in the department of the inspector of 
inspector of institutions, a sum not exceeding ten thousand ^°''''"^^°°*- 
dollars. 

For travelling and other necessary expenses of the aux- Auxiliary visi- 
iliary visitors of the state board of lunacy and charity, a '°''' 
sum not exceeding fifteen hundred dollars. 

MISCELLANEOUS CHARITABLE. 

For transportation of state paupers, a sum not exceed- TrMsportation 

• •. I 111* ^^ 81*116 pjiupGrs* 

mg sixteen thousand dollars. 

For the support and relief of state paupers in state state paupers in 
lunatic hospitals and asylums of the Commonwealth, and 1"!°!"°''°'^*" 
of state lunatic paupers boarded out in families, a sum 
not exceeding one hundred and fifty thousand dollars. 

For expenses attending the management of cases of set- ^enTamf bas^" 
tlement and bastardy, a sum not exceeding fifteen hundred t"rdy."°' 
dollars. 

For the care and maintenance of indigent and neglected ^"^^1^^°^''°^., 

UMJ 1 ' -i/*.-! ^ * neglected chil- 

cmiclren, and juvenile offenders, a sum not exceeding dren. 
eighteen thousand dollars. 

For the support of state paupers in the Massachusetts state paupers in 
school for the feeble-minded, and the hospital cottages for LtbrJ/"'" '''" 
children at Baldwinsville, a sum not exceeding seven thou- "'''"'*''^- 
sand dollars. 

For the support of sick state paupers by cities and ^'°'' ^'^'"^ 

J i-j-i '1 111 paupers. 

towns tor the year eighteen hundred and ninety-one and 
previous years, the same to include cases of wife settle- 
ment, a sum not exceeding sixty thousand dollars. 

For the burial of state paupers by cities and towns, for Burial of state 
the present and previous years, a sum not exceeding p^"^^"" 
ten thousand dollars. 

For temporary aid for state paupers and shipwrecked Temporary aid. 
seamen, by cities and towns for the present and previous 
years, a sum not exceeding twenty thousand dollars. 

For the support and transportation of unsettled pauper unsetti.d 
infants in this Commonwealth, including infants in the infant p'"^"' '°^"°"- 
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 '""^'" 



664 



1891.— Chapters 7, 8. 



Medical exami- 
nations and 
inquests. 



Johonnot annui- 
ties. 



Annuities to 
soldiers and 
sailors. 



Pensions. 



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 exam- 
inations and inquests, a sum not exceeding two thousand 
five hundred dollars. 

For annuities due from the Commonwealth, mcurred 
by the acceptance of the bequest of the late Martha 
Johonnot, a sum not exceeding five hundred dollars. 

For annuities to soldiers and others as authorized by 
the legislature, a sum not exceeding thirty-one hundred 
and fifty-nine dollars. 

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

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

Approved February 6', 1891. 



Chap. 7 



An Act making appropriations for the payment of state 

AND MILITARY AID AND FOR EXPENSES IN CONNECTION THEREWITH. 

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

For reimbursement to cities and towns for money paid 
on account of state and military aid to Massachusetts 
volunteers and their families, a sum not exceeding four 
hundred and fifty thousand dollars, the same to be paid 
on or before the first day of December in the year eighteen 
hundred and ninety-one. 

For postage, printing and other necessary expenses in 
carrying out the provisions of the state and military aid 
laws, a sum not exceeding five hundred dollars. 

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

A2W0ved February 6, 1891. 



state and mili- 
tary aid to vol- 
unteers and 
their families. 



Expenses. 



Chap. 8 ^N ^C^ MAKING AN APPROPRIATION FOR THE PRISON AND HOSPI- 
^ ' TAL LOAN SINKING FUND. 

Be it enacted, etc., as follows: 
Appropriation. Section 1. The suui hereinafter mentioned is appro- 
priated, to be paid out of the treasury of the Common- 



1891. — Chapteks 9, 10. ' 665 

wealth from the ordinary revenue, for the purposes 
specified, to wit : — 

For the prison and hospital loan sinking fund, as pro- Pmonand 
vided for in chapter two hundred and fifty-five of the acts Sog fund. 
of the year eighteen hundred and eighty-four, the sum of 
sixty thousand dollars. 

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

ApjJToved February 6, 1891. 

An Act making an appropriation for the commonwealth's Chai) 9 

FLATS IMPROVEMENT FUND. 

Be it enacted^ etc., as follows : 

Section 1. The sum hereinafter mentioned is appro- Appropriation, 
priated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, to wit : — 

For the Commonwealth's flats improvement fund, for common- 
the purpose of continuing the improvements in the Com- Z^x'^vlmZ 
mon wealth's flats at South Boston, a sum not exceeding ^""'^• 
twenty thousand dollars. 

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

Ajyproved February 6, 1891. 

An Act to amend an act to adthorize the printing and dis- Qhav 10 

TRIBUTING OF BALLOTS FOR TOWN ELECTIONS AT THE PUBLIC 
EXPENSE. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and Amendments to 
eighty-six of the acts of the year eighteen hundred and ^^''' '^''' ^ ^• 
ninety is hereby amended by insertuig after the word 

"meeting", in the second line thereof, the words : or 

at some subsequent meeting held at least ten days before 
the next annual town election, — by inserting the words : 
— the number and terms of such officers as are now required 
by law to be chosen by ballot, and also, — after the word 

"determine", in the second line thereof; the word: 

now, — after the word "not", in the third line thereof; 
and the word : — thereafter, — after the word " shall", in 
the fourth line thereof; and the words : — notwithstandino- 
any existing provision of law that such act or acts may be 
accepted only at an annual town meeting; but no new 
acceptance of any such existing act or acts shall be required 
in cases where an acceptance has already been made and 
not revoked, — after the word " officers ", in the seventh 



666 1891. — Chapter 11. 

line thereof, so that said section as amended shall read as 
Towns to de- follows ! — SectiOTi 2. IVhcu any town accepts the pro- 
nuX'rand yisions of this act it shall at the same meeting, or at some 
{oT/choS" subsequent meeting held at least ten days before the next 
^*"°'- annual town election, determine the number and terms ot 

such officers as are now required by law to be chosen by 
ballot, and also what officers, if any, not now required by 
law to be chosen by ballot shall thereafter be so chosen, 
also the number and terms of such officers ; and for this 
purpose may accept any existing act providing a system 
or manner of electing any town officers, notwithstanding 
any existing provision of law that such act or acts may be 
accepted only at an annual town meeting; but no new 
acceptance of any such existing act or acts shall be required 
in cases where an acceptance has already been made and 
not revoked. All such matters shall be notified in the 
warrant for such meeting. No change shall thereafter be 
made in the officers to be chosen by ballot or in the num- 
ber or terms thereof except at a meeting held at least 
thirty days before any annual town election. 
Proceedings SECTION 2. The proceedings of town meetings of the 

confirmed. g^^gj-j^j towus heretofore held fixing the number and terms 
of town officers to be voted for under the provisions of 
chapter three hundred and eighty-six of the acts of the 
year eighteen hundred and ninety are hereby ratified and 
confirmed. 

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

Approved February 9, 1891. 

ChaV 11 ^^ ^^'^ MAKING APPROPRIATIONS FOR DEFICIENCIES IN APPROPRIA- 
TIONS FOR CERTAIN EXPENSES AUTHORIZED IN THE TEAR EIGHTEEN 
HUNDRED AND NINETY AND PREVIOUS YEARS. 

Be it enacted, etc. , as follows : 

Appropriations Section 1. The sums hereinafter mentioned are appro- 
for deficiencies. p^.j^^gj^ ^^ ^^^ ^^^j o^^^ of t^g trcasuiy of the Common- 
wealth from the ordinary revenue, for the payment of 
certain expenses in excess of appropriations therefor in 
the year eighteen hundred and ninety, to wit : — 
Registration ^ov registration books and blanks, the sum of two hun- 

bhTuifs!'" dred and seven dollars and fifty-six cents. 

Printins<and For printing and binding public documents, the sum of 

do^cumems!'''' elcveu thousaud eighty-six^dollars and thirteen cents. 
Printing supple- For printing sup})lement to the Public Statutes, the 
Pubi'icViatutes. sum of thirteen hundred forty-nine dollars and five cents. 



1891. — Chapter 12. 667 

For compensation and expenses of Charles A. Merrill, charies a, Mer- 
for preparation for publication of supplement to the Pub- 
lic Statutes, the sum of twenty-three hundred sixty-two 
dollars and eighteen cents. 

For the salary of Lincoln F. Brigham, retired chief ^^"^^°'° ^- ^"S" 
justice of the superior court, the sum of nine hundred 
and sixteen dollars and sixty-seven cents. 

For compensation and expenses of the commissioners commissioners 
for the Dudley Indians, the sum of seven hundred ninety- indians. " ^^ 
four dollars and one cent. 

For the payment of current expenses at the state pri- gcj^ooi^at'MoT 
mary school at Monson, the sum of four thousand one son. 
hundred ninety-six dollars and seven cents. 

For the payment of current expenses at the state alms- state almshouse 
house at Tewksbury, the sum of four thousand two hun- 
dred seventy-eight dollars and ninety cents. 

For the support of state paupers in the state lunatic state paupers in 

1 •iciy". Ill n J 1 IT lunatic hospi- 

hospitals of the Commonwealth, the sum oi two hundred tais. 
ninety-four dollars and eighty-two cents. 

For the support of state paupers in the Massachusetts state paupers 

1-11 -Til n • ^ 3 3 in school for 

school tor the teeble-minded, the sum ot nine hundred feebleminded. 
twenty-eight dollars and seventy-three cents. 

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

Approved February 12, 1891. 

An Act to change the name of the trustees of the memo- QJidvy^ 22 

RIAL HOSPITAL IN WOKCESTER. 

He it enacted, etc., as follows : 

Section 1. The Trustees of the Memorial Hospital, f^'Zeulmo^ai 
incorporated by chapter eighty-seven of the acts of the ^ospuai. 
year eighteen hundred and seventy-one, shall hereafter be 
called and known as The Memorial Hospital, and in that 
name shall continue to hold, possess and use all the prop- 
erty, and be entitled to all the rights, powers and fran- 
chises of said corporation, and be subject to all its duties 
and obligations in the same manner and to the same extent 
as if this act had not been passed. 

Section 2. All the officers of said corporation shall officers to con- 

1 1 1 T • 1 1 1 J.* i? tiD"e, etc. 

continue to hold and exercise the powers and duties oi 
their respective offices in the same manner they would or 
could have done had not the name of said corporation 
been changed. 

Section 3. Nothing contained in this act shall be con- Property, pow- 
strued as a surrender or forfeiture of any of the property leges. 



668 1891. — Chapters 13, 14. 

or rights of property, or any of the powers, privileges or 
rights of said corporation. 

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

Approved February 12, 1891. 

(JJiap, 13 ^N Act to extend the charter of the wakefield real 

ESTATE AND BUILDING ASSOCIATION. 

Be it enacted, etc., as follows: 

extended. SECTION 1. The Wakefield Eeal Estate and Building 

1871,120. Association, incorporated by chapter one hundred and 

twenty of the acts of the year eighteen hundred and sev- 
enty-one, shall be and remain a corporation for a further 
term of twenty years after the expiration of its present 
charter, and shall during said further term have the 
powers and privileges and be subject to the duties, liabil- 
ities and restrictions set forth in its charter, and in the 
general laws which are or may be in force relating to such 
corporations. 

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

Approved February 12, 1891. 



Chap. 



2^ An Act in addition to an act to incorporate the proprie- 
tors OF forest hills cemetery. 



Be it enacted, etc., as follows : 

amen'ded. Section 1 . The number of trustees of The Proprietors 

^68,57. of Forest Hills Cemetery, incorporated by chapter fifty- 

seven of the acts of the year eighteen hundred and sixty- 
eight, shall not be less than seven nor more than twelve, 
this section to take effect upon its acceptance by a vote of 
two-thirds of the proprietors present or represented at the 
annual meeting next following the passage of this act. 
If this section shall be accepted as herein provided, the 
corporation shall fix by its by-laws the number of trustees, 
within the prescribed limits, the mode of their election 
and their respective terms of office. 
tm%TiT.^° Section 2. Chapter thirteen of the acts of the year 
eighteen hundred and eighty-eight is hereby amended by 
striking out in the fifth and sixth lines of section one 
of said act, the words "either from their own number 
or at large ", and substituting therefor the words : — but 
neither the treasurer nor secretary shall be a member of 
the board of trustees of said corporation, — so that the 
same when amended shall read as follows : — The trustees 



1891. — Chapters 15, 16. 669 

of the proprietors of Forest Hills Cemetery shall annually officers. 
choose one of their number to be president, who shall also 
be president of the corporation, and shall annually choose 
the treasurer and secretary of said corporation, but neither 
the treasurer nor secretary shall be a member of the board 
of trustees of said corporation. Said trustees shall till any vacancies. 
vacancy or vacancies that may occur in said board of trus- 
tees, the person or persons so elected to fill such vacancy 
or vacancies to hold office only from the time of election 
by said trustees to the next annual meeting of the proprie- 
tors of the corporation. 

Section 3. The removal of any trustee from the Com- Removal from 

1 • iB Commouwealth 

monwealth shall thereby vacate his otnce. to vacate office. 

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

Approved February 13, 1891. 

An Act to prevent persons from unlawfully using or wear- QJiap. 15 

ING THE BADGES OF THE SONS OF VETERANS AND WOMAN'S 
RELIEF CORPS. 

Be it enacted, etc., as follows: 

"Whoever shall wilfully wear or use the insignia of the insignia of sone 
Sons of Veterans or the insignia of the Woman's Relief not to be wom,'' 
Corps, for the purpose of representing that he is a mem- bersf'm'der"^ 
ber of either order, unless he shall be a member of the penalty. 
order whose insignia he shall so wear or use, shall be 
punished by fine not exceeding twenty dollars or by 
imprisonment in the house of correction not exceeding 
thirty days, or by both such fine and imprisonment. 

Approved February 13, 1891. 

An Act making appropriations for sundry agricultural QJkxj), \Q 

expenses. 

Be it enacted, etc., as folloivs : 

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 
agricultural expenses for the year ending on the thirty- 
first day of December in the year eighteen hundred and 
ninety-one, to wit : — 

For bounties to agricultural societies, twenty-one thou- Bounties to Be- 
nin cieties. 

sand dollars. 

For travelling and other necessary expenses of the Travelling es- 
members of the state board of agriculture, a sum not p'^"^*^^"^'^"'"''^' 
exceedins: nineteen hundred dollars. 



670 



1891. — Chapter 17. 



Incidental ex- 
penses. 

Expenses of 
secretary. 



Trustees of 
agricultural 
college. 



Farmers' insti- 
tutes. 



Contagious dis- 
eases among 
horses, etc. 



For incidental expenses of the state board of agricult- 
ure, a sum not exceeding five hundred dollars. 

For travelling and other necessary expenses of the 
secretary of the state board of agriculture, a sum not 
exceeding five hundred dollars. 

For travelling and other necessary expenses of the trus- 
tees of the Massachusetts agricultural college, a sum not 
exceeding five hundred dollars. 

For the dissemination of useful information in agri- 
culture by means of lectures at farmers' institutes, a sum 
not exceeding fourteen hundred dollars. 

For the purpose of exterminating contagious diseases 
among horses, cattle and other animals, a sum not exceed- 
ing five thousand dollars. 

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

Approved February 13, 1891. 



Chap. 



Appropriations. 



Militia,— 
compensation. 

Transportation. 



Incidental, etc., 
expenses. 



Rent of 
armories, etc. 



Quartermasters' 
Bupplics. 

Incidental, etc., 
expenses. 



17 -^N Act making appropriations for compensation and mile- 
age OF OFFICERS AND MEN OF THE VOLUNTEER MILITIA, AND 
FOR OTHEK 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 year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-one, to wit : — 

For compensation of officers and men of the volunteer 
militia, a sura not exceeding one hundred thousand dollars. 

For transportation of officers and men of the volunteer 
militia, when on military duty, a sum not exceeding eight- 
een thousand five hundred dollars. 

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

For rent of brigade and battalion headquarters and com- 
pany armories, a sum not exceeding thirty-six thousand 
dollars. 

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

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



1891. — Chapter 18. 671 

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

For military accounts in connection with the volunteer Military 
militia, not otherwise provided for, a sum not exceeding ''»^<=°"°*^- 
four thousand dollars. 

For medical supplies for the use of the volunteer militia. Medical sup- 

J- •■ ^ plies. 

a sum not exceeding five hundred dollars. 

For incidental and contino;ent expenses of the surgeon- Surgeon. 
general, a sum not exceeding five hundred dollars. 

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

■i ,, cf •! -\ • 1 T ors and marines 

chusetts olncers, sailors and marmes, a sum not exceedmg 
two thousand dollars. 

For providing continuous service medals and badges to Service medals. 
the officers and soldiers of the volunteer militia, a sum 
not exceeding two thousand dollars. 

For allowance and repairs of the clothing of the volun- ciotMng. 
teer militia, a sum not exceeding nine thousand dollars. 

For expenses of the care, heatino- and repairs of the Caro, etc., of 

, , . Vi -J • i- T> ^ "^^^ armories. 

new armories recently erected in the cities of iioston, 
Lowell and Worcester, for the use of certain of the 
volunteer militia, a sum not exceeding twelve thousand 
three hundred and thirty dollars. 

For expenses in connection with the rifle practice of the Rifle practice. 
volunteer militia, a sum not exceeding ninety-three hun- 
dred dollars. 

Any sums of money received under the provisions of ^,!^^'°g^"° " °^ 
section eio-hty-seven of chapter four hundred and eleven sale of grass at 

i> .^ .^\, .,' , ,, I'l, camp ground, 

ot tlie acts of tlie year eighteen hundred and eighty-seven, etc. 
and from the sale of grass at the state camp ground dur- 
ing the year eighteen hundred and ninety-one, may be 
expended by the quartermaster-general during the present 
year, under the direction of the governor and council, for 
the construction and repair of buildings or other struct- 
ures. 

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

Approved February 16, 1891. 

An Act to change the name of the young men's christian (J]inr)^ ][8 

ASSOCIATION training SCHOOL, OF SPRINGFIELD. 

Be it enacted, etc., as foHoivs : 

Section 1. The name of The Young Men's Christian Name changed. 
Association Training School, a corporation organized 
under the general laws of the Commonwealth in the year 



672 1891. — Chapters 19, 20, 21. 

eighteen hundred and ninety, in the city of Springfield, 
is hereby changed to the International Young Men's 
Christian Association Training School. 

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

Approved February 19^ 1891. 

ChdJ), 19 An Act to authorize the globe yarn mills of fall river 

TO INCREASE ITS CAPITAL STOCK. 

Be it enacted^ etc., asfoHotvs: 

SrsS The Globe Yarn Mills of Fall Kiver, incorporated under 

chapter two hundred and twenty-four of the acts of the 
year eighteen hundred and seventy, is hereby authorized 
to increase its capital stock to an amount which, together 
with the amount heretofore authorized by law, shall not 
exceed one million two hundred thousand dollars. 

Approved February 19, 1891. 

(JJldj), 20 An Act in addition to an act to incorporate the boston 

PROVIDENT ASSOCIATION. 

Be it enacted, etc., as folloics: 
May hold addi. Section 1. The BostoH Providcut Association, char- 

tional real and iii i iiin* c \ 

personal estate, tcrccl by chaptcr three hundred and sixty-two ot the acts 
of the year eighteen hundred and fifty-four, is hereby 
authorized to hold real and personal estate to an amount 
not exceeding five hundred thousand dollars. 

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

Approved February 19, 1891. 

Chap. 21 -^^ -^^^ '^^ AUTHORIZE THE TOWN OF DUXBURY TO FUND ITS 

DEBT AND ISSUE BONDS THEREFOR. 

Be it enacted, etc., as follows: 

SlTtc Section 1. The town of Duxbury, for the purpose of 

not exceeding refunding its existing indebtedness, may issue bonds, 
notes or scrip therefor to an amount not exceeding forty- 
five thousand dollars, payable at periods not greater than 
fifteen years from the date thereof. Said bonds, notes or 
scrip shall bear interest, payable semi-annually, at not 
more than six per centum per annum, and may be sold or 
negotiated at public or private sale ui)on such terms and 
conditions as said town may deem proper. 
Payment of Section 2. Said town shall at the time of authorizing 

said loan provide for the payment thereof in such annual 



1891. — Chapteks 22, 23. 673 

proportionate payments as will extinguish the same within 
the time prescribed in this act. 

Section 3. The provisions of chapter twenty-nine of ^;'^^'|^°°^^ °^ 
the Public Statutes and the acts amendatory thereto shall apply- 
in all other respects apply to the issue of said bonds, notes 
or scrip. 

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

Approved Fehrvary 19, 1891. 

An Act TO establish the name of the congregational unita- (JJiap. 22 

RIAN SOCIETY OF BERNARDSTON, TO CONFIRM ITS RIGHTS AND TO 
RATIFY ITS PAST PROCEEDINGS. 

Be it enacted, etc. , as follows : 

Section 1. The religious society in Bernardston, here- Name changed 
tofore known and called by the name of the Unitarian firmid! 
Society of Bernardston or the First Congregational or 
Unitarian Society of Bernardston, shall be hereafter known 
and called by the name of the Congregational Unitarian 
Society of Bernardston ; and as such and under such name 
shall hold and possess all the real estate and personal 
property and shall be entitled to all the rights and privi- 
leges and be subject to all the liabilities of the society 
known and called as aforesaid, and may have, take, recover 
and receive ail grants, devises and bequests heretofore 
made to it under either of the names above given. 

Section 2. The organization and all subsequent pro- organization 
ceedings of said society so far as the same a[)pear upon 
the records of said society are ratified and confirmed, and 
the same shall be taken to be good and valid in law to all 
intents and purposes. 

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

Approved February 19, 1891. 

An Act to incorporate the Gloucester board of trade, nhr/i) '^^ 

Be it enacted, etc., as follows: 

Section 1. Sylvanus Smith, Charles S. Tappan, John Gloucester 
E. Thurston, Loring B. Haskell, Henry A. Parmenter, incorporated'.^' 
David O. Frost, Jeremiah Foster, Francis Procter, James 
G. Tarr, David B. Smith, Sylvester Cunningham, John K. 
Dustin, Jr., William H. Jordan, Charles F. Wonson and 
Charles H. Boynton, their associates and successors, are 
hereby made a corporation by the name of the Gloucester 
Board of Trade, for the purpose of promoting trade and 
commerce in the city of Gloucester and its vicinity ; with 



674 



1891. — Chapters 24, 25. 



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 applicable to 
Corporation not sucli Corporations : provided, however, that this act shall 
not be construed to authorize said corporation to traffic in 
goods, w^ares or merchandise of any description. 

Section 2. Said corporation may hold real and per- 
sonal property to an amount not to exceed twenty-five 
thousand dollars, to be used for the purposes of said 
corporation. 

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

Approved February 19, 1891. 



to traffic in 
goods, etc 



Real and per- 
sonal property 
not to exceed 

$25,000. 



Chap. 24 



Clerical assist- 
ance, etc., for 
the state 
library. 



Repeal 1886, 
66, §1. 



An Act to provide 



CLERICAL ASSISTANCE FOR THE STATE 
LIBRARY. 



Be it enacted, etc., as follows : 

Section 1. The trustees and librarian of the state 
library may employ, at an annual expense not exceeding 
three thousand live hundred dollars, such assistance as 
may be necessary for the accommodation of visitors, for 
the protection and care of the library and for the perform- 
ance of any service the librarian may require. 

Section 2. Section one of chapter sixty-six of the 
acts of the year one thousand eight hundred and eighty- 
six is hereby repealed. Approved February 19, 1891. 



ChdT). 25 ^^ ^^^ '^^ AUTHORIZE FREDERICK W. DICKINSON AND OTHERS TO 
BUILD A BRIDGE OVER TIDE-WATER AT OSTERVILLE IN THE TOWN 
OF BARNSTABLE. 



Bridge over 
tide-water at 
Osterville in 
town of 
Barnstable. 



Be it enacted, etc., as follows: 

Section 1. Frederick W. Dickinson, Richard M. 
Winfield, Frederick P. Forster and John H. Murphy 
are hereby authorized to build and maintain a bridge over 
the channel connecting north and south bays, so called, 
in the village of Osterville in the town of Barnstable, sub- 
ject 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. Said bridge shall be 
open to the public, and shall have a draw therein of not 
less than thirty feet in width, which shall be opened when- 
ever necessary for the passage of boats and vessels through 
the same. 

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

Approved February 19, 1891. 



1891. — Chapteks 2G, 27. 675 

An Act to incorporate the Gloucester safe deposit and QJiq^j^ 26 

TRUST company, in THE CITY OF GLOUCESTER. 

Be it enacted) etc., as follows: 

Section 1. George E. Bradford, Charles S. Tappan, Gloucester safe 
John K. Dustiu, Jr., Sylvanus Smith, Edoar S. Taft, Tiust^com- 
George J. Tarr, M. L. Wetherell, Cyrus Story, F. W. Plud.'"""" 
Homans, Leverett E. Smith, Francis Bennett, George H. 
Perkins, George H. Procter, Wm. T. Merchant, Joseph 
O. Procter, Sidney F. Haskell, Charles Piper, F. Script- 
ure, N. H. Phillips, David Tarr, Frederick G. Wonson 
and Loring Grimes, their associates and successors, are 
hereby made a corporation by the name of the Gloucester 
Safe Deposit and Trust Company, to be located in the 
city of Gloucester, with authority to establish and main- 
tain a safe deposit and trust company ; 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 February 20, 1891. 

An Act to authorize the town of orange to incur indebt- (JJiqi)^ 27 
edness beyond its debt limit to construct a system of 

SEWEKS. 

Be it enacted, etc., as follows : 

Section 1. The town of Orange, for the purpose of ?^^y in^'ir 
constructino; a system of sewers and sewage disposal, may beyund its debt 

. limit to con- 

incur an indebtedness of twenty-live thousand dollars stmci a system 
beyond the limit of indebtedness fixed by law, and may o^^*'^"*- 
issue bonds therefor denominated Sewer Bonds, signed 
by its treasurer and countersigned by a majority of the 
board of selectmen, payable as follows : Twenty-five 
hundred dollars on the first day of November in the 
year one thousand nine hundred and eleven ; twenty-five 
hundred dollars on the first day of November in the year 
one thousand nine hundred and twelve ; twenty-five hun- 
dred dollars on the first day of November in the year one 
thousand nine hundred and thirteen ; twenty-five hundred 
dollars on the first day of November in the year one 
thousand nine hundred and fourteen ; twenty-five hundred 
dollars on the first day of November in the year one 
thousand nine hundred and fifteen ; twenty-five hundred 
dollars on the first day of November in the year one 



676 



1891. — Chapter 28. 



thousand nine hundred and sixteen ; twenty-five hundred 
dollars on the first day of November in the year one 
thousand nine hundred and seventeen ; twenty-five hun- 
dred dollars on the -first day of November in the year one 
thousand nine hundred and eighteen ; twenty-five hun- 
dred dolhirs on the first day of November in the year one 
thousand nine hundred and nineteen ; twenty-five hun- 
dred dollars on the first day of November in the year one 
thousand nine hundred and twenty ; and bearing interest 
at a rate not exceeding four per centum per annum, paya- 
ble semi-annually. 

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

Approved February 20, 1891. 



Chap. 28 "^^ ^^'^ MAKING APPROPRIATIONS FOR CERTAIN EDUCATIONAL 

EXPENSES. 



Appropriations. 



State normal 
schools. 



State normal 
art scliool. 



Teachers' 
institutes. 



County teach- 
ers' associa- 
tions. 



Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, except as herein 
provided, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-one, to wit : — 

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

For the support of the state normal art school, a sum 
not exceeding seventeen thousand nine hundred and eighty 
dollars, to be paid out of the moiety of the income of the 
Massachusetts school fund applicable to educational pur- 
poses, and the excess, if an}', from the treasury of the 
Commonwealth. 

For expenses of teachers' institutes, a sum not exceed- 
ing two thousand dollars, to be paid out of the moiety of 
the income of the Massachusetts school fund applicable to 
educational purposes. 

For expenses of county teachers' associations, a sum not 
exceeding three hundred dollars, to be paid out of the 
moiety of the income of the Massachusetts school fund 
applicable to educational purposes. 



1891. — Chapter 29. 677 

For the Massachusetts teachers' association, the sum of J^^^^'^^^,"*^"* 
three hundred doUars, to be paid out of the moiety of the association. 
income of the Massachusetts school fund applicable to 
educational purposes, subject to the approval of the 
state board of education. 

For salaries and exi^enses of the agents of the state board Board of 

, i , ~ education, — 

oi education, a sum not exceeding seventeen thousand two agents. 
hundred dollars. 

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

For the Dukes County teachers' association, the sum of P^H*** *^,''"°*y 

-^ ' teachers asso- 

ntty dollars. ciation. 

For aid to pupils in state normal schools, a sum not Pupiia in state 
exceeding four thousand dollars, payable in semi-annual 
payments, to be expended under the direction of the state 
board of education. 

For travelling and other necessary expenses of members Travelling 
of the state board of education, a sum not exceeding four board!*^^" 
hundred dollars. 

For the education of deaf pupils of the Commonwealth ^^^^ pupils. 
in the schools designated by law, a sum not exceeding 
thirty-two thousand dollars. 

For contingent expenses of the state library, to be contingent 
expended under the direction of the trustees and librarian, ski'te"iibra°y. 
a sum not exceedino- ten hundred dollars. 

The income of the Rogers book fund, of the Todd nor- Rogers book 
mal school fund, and of the two educational funds, shall no'Jmarschooi 
be expended in accordance with the provisions of the ^""'^' 
various acts relating thereto. 

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

Approved February 20, 1891. 

An Act making an appropriation for the Massachusetts nhnj) 90 

HOMEOPATHIC HOSPITAL. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sum hereinafter mentioned is appro- Appropriation 
priated, to be paid out of the treasury of the Common- Massachusetta 
wealth from the ordinary revenue, in aid of the Massachu- bosp'itTi?^^'*^ 
setts homeopathic hospital in the city of Boston, to wit : — 

For the Massachusetts homeopathic hospital, for the 
purpose of building and furnishing an addition to the pres- 
ent building or erecting and furnishing new l)uildings, the 



678 



1891. — Chapter 30. 



Chap. 



sum of sixty thousand dollars, as authorized by chapter 
. three hundred and fifty-eight of the acts of the year eight- 
een hundred and ninety, being in addition to the sum of 
sixty thousand dollars appropriated by chapter four hun- 
dred and thirty-three of the acts of the year eighteen 
hundred and ninety. 

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

Approved February 20, 1891. 

30 -^N Act making appropriations for incidental, contingent 

AND MISCELLANEOUS EXPENSES OF THE VARIOUS DEPARTMENTS 
AND COMMISSIONS OF THE COMMONWEALTH. 



Be it enacted, etc., as follows : 
AppropriationB. 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-one, to wit ; — 



Stationery, - 
senate. 



House of repre- 
Bentalivts. 



Sergeant-at- 
aims. 



Incidental and 

contingent 

expenses. 



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 hun- 
dred dollars. 

For books, stationery, printing and advertising, ordered 
by the sergeant-at-arms, a sum not exceeding six hundred 
dollars. 

For incidental and contingent expenses of the sergeant- 
at-arms, a sum not exceeding three hundred dollars. 



Expenses of 
executive de- 
partment. 

Postage, 
priming, etc. 

Contingent 
expenses. 

Postage, 
printing and 
Btatiouery. 



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 exceeding five hundred dollars. 



1891. — Chapter 30. 679 



STATE HOUSE EXPENSES, ETC. 

For repairs, improvements and furniture at the state state house, 
house, a sum not exceeding ten thousand dollars. lepans, ec. 

For fuel and lights for the state house, a sum not ^"^1 and lights. 
exceeding six thousand dollars. 

For repairs, improvements, furniture and other neces- commonwealth 

ji/^ iii'iT J building, 

sary expenses at the Commonwealth building, a sum not repairs, etc. 
exceeding five thousand dollars. 

For rent of rooms for the use of the civil service com- civii service 

, -,. . 1 n 1 1 11 commission, 

mission, a sum not exceeding nine hundred dollars. rent. 

For rent of rooms for the use of the bureau of statistics Bureau of sta- 

„ , - 1 /> 1 • p • -J J tistics of labor, 

oi labor, and tor the services ot a janitor, a sum not rent. 
exceeding three thousand dollars. 

For rent of bouse numbered thirteen Beacon street, for Beacon street, 
the use of certain commissions of the Commonwealth, a thirteen, rent. 
sum not exceeding forty-two hundred dollars, as author- 
ized by chapter eighty-two of the resolves of the year 
eighteen hundred and eighty-six. 

For such repairs as may he necessary, for furniture and ^Xetc.^""^"' 
repairs to the same, services of janitor and other necessary 
expenses at house numbered thirteen Beacon street, a sum 
not exceeding thirty-eight hundred dollars. 

For rent of rooms for the use of the controller of county controller of 
accounts, a sum not exceeding six hundred and fifty accounts. 
dollars. 

For continiient expenses of the bureau of statistics Bureau of sta. 

„ '-, ,, -i IT • f ^ tistics of labor, 

ot labor, to be expended under the direction ot the comingent 
sergeant-at-arms, a sum not exceeding five hundred ^^p®"*^^- 
dollars. 

For the compensation of the men employed to run the Elevators. 
elevators at the state house, and for all other necessary 
expenses in connection therewith, the same to include all 
necessary repairs to said elevators, a sum not exceeding 
three thousand dollars. 



INCIDENTAL AND CONTINGENT EXPENSES. 

For incidental expenses in the department of the secre- incidentaPex- 
tary of the Commonwealth, a sum not exceeding three fe'cretary! 
thousand dollars. 

For incidental and contingent expenses in the depart- Treasurer. 
ment of the treasurer and receiver-general, a sum not 
exceeding thirty-two hundred and fifty dollars. 



680 



1891. — Chapter 30. 



Tax commis- 
sioner. 



State valuation. 



Commissioner 
of corporations, 



Auditor. 



Deputy sealer 
of weights, 
measures, and 
balances. 

Attorney- 
general. 



For incidental and contingent expenses of the tax 
commissioner's department, a sum not exceeding three 
thousand dollars. 

For expenses of the state valuation, under the direction 
of the tax commissioner, a sum not exceeding three thou- 
sand dollars. 

For incidental expenses of the commissioner of corpo- 
rations, a sum not exceeding four hundred dollars. 

For incidental expenses in the department of the auditor 
of the Commonwealth, a sum not exceeding one thousand 
dollars. 

For travelling and other necessary expenses of the 
deputy sealer of weights, measures and balances, a sum 
not exceeding twelve hundred dollars. 

For incidental expenses of the attorney-general, a sum 
not exceeding two thousand and fifty dollars ; and for 
expenses of civil actions, a sum not exceeding eight hun- 
dred dollars. 



Harbor and 
land commis- 
sioners. 



Incidental and 

contingent 

expenses. 



Insurance com- 
missioner. 



Railroad com- 
missioners, 
experts and 
agents. 



Rent and con- 
tingent 
expenses. 



Books, maps, 
stationery, etc. 



Commissioners 
of savings 
banks, ex- 
penses. 



COMMISSIONERS AND OTHERS. 

For travelling and other necessary expenses of the 
harbor and laud 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 eight 
hundred dollars. 

For incidental and contingent expenses in the depart- 
ment of the insurance commissioner, a sum not exceeding 
three thousand dollars. 

For the compensation of experts or other agents of the 
board of railroad commissioners, as authorized by chapter 
three hundred and thirty-four of the acts of the year 
eighteen hundred and eighty-seven, a sum not exceeding 
thirty-five hundred dollars. 

For rent of office and contingent office expenses 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 two thousand dollars. 

For travelling and incidental expenses of the commis- 
sioners of savings banks, a sum not exceeding thirty-three 
hundred dollars. 



1891. — Chapter 30. 681 

For travelling and incidental expenses of the gas and p'\^*°'^ ^'^.'=*^"'= 

, . ,, , ^ . . '■ V light commis- 

electric light commissioners, a sum not exceeding one siouers. 
thousand dollars. 

For travelling and incidental expenses of the inspector inspectors of 
and assistant inspector of gas meters, a sum not exceeding ^''*™®® 
six hundred dollars ; and for such additional apparatus as 
the inspector of gas meters may find necessary, a sum not 
exceeding two hundred and fifty dollars. 

For compensation and exi)enses of the civil service civii service 

, T . .1 Till commission. 

commission, 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 the registration of laborers, travelling and 
incidental expenses of commissioners, chief examiner and 
secretary, a sum not exceeding eighty-five hundred 
dollars. 

For travelling and office expenses of the controller of controller of 

T 1^ f 1 1 T county 

county accounts, a sum not exceeding fifteen hundred accounts. 
dollars. 

For travelling, incidental and contingent expenses of ^'^*f ^°*''^ °* 

& ' . . & f . , arbitration. 

the state board of arbitration, a sum not exceeding eight- 
een hundred dollars. 

For general work of the state board of health, including state board of 
all necessary travelling expenses, a sum not exceeding 
seventy-eight hundred dollars. 

For clerical assistance, travelling expenses, rent, care of f'fjfjP®°^^°° 
rooms and other necessary expenses of the state pension 
agent, a sum not exceeding two thousand dollars. 

For compensation and expenses of the commissioners on commissioners 
inland fisheries and game, a sum not exceeding thirty-two eries and game. 
hundred and fifty dollars ; for enforcement of laws, prop- 
agation and distribution of trout and salmon, of lobsters, 
rent of hatchways, incidentals and printing, a sum not 
exceeding forty-seven hundred and fifty dollars ; for the 
payment of running expenses and for repairs to the steamer 
in the charge of the commission, a sum not exceeding four 
thousand dollars ; for the travelling expenses of the mem- 
ber of the district police detailed for service with the com- 
mission, a sum not exceeding six hundred dollars, and for 
one-half of the expenses of the hatching at Plymouth in 
the state of New Hampshire, a sum not exceeding nine 
hundred and fifty dollars. 

For the services of copyists and messenger, extra help, province Laws, 
engraving and lithographing, stationery and postage, 



682 



1891. — Chapter 31. 



Comrnissioner 
for supervision 
of foreign cor- 
porations. 



travelling and other necessary expenses in connection with 
the preparation and pul)lication of the acts and resolves of 
the province of the Massachusetts Bay, a sum not exceed- 
ing fifty-seven hundred and sixty dollars ; and for printing 
volume seven and printing and binding volume six of said 
laws, a sum not exceeding six thousand 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 negotiating bonds, mortgages, notes 
or other choses in action, a sum not exceeding twenty- 
eight hundred dollars. 



Taking evidence 
at inquests, 
expenses. 



Unclaimed 
moneys of 
insolvent cor 
porations de- 
posited in the 
treasury. 

Public admin- 
istrators. 



Weights, meas- 
ures, etc , for 
cities and towns. 



MISCELLANEOUS. 

For expenses in connection with taking evidence given 
at inquests on deaths by accidents upon steam and street 
railroads, a sum not exceeding two thousand dollars. 

For the payment of unclaimed moneys in the hands of 
the receivers of certain insolvent corporations, after the 
same have been deposited in the treasury of the Common- 
wealth, a sum not exceeding three 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 furnishing sets of standard weights, measures and 
balances to towns not heretofore provided therewith, and 
to each newly incorporated town, also to provide cities 
and towns with such portion of said sets as may be neces- 
sary to make their sets complete, a sum not exceeding 
twenty-four hundred dollars. 

For expenses incurred in the construction and repair of 
roads in the town of Mashpee, during the year eighteen 
hundred and ninety, the sum of three hundred dollars. 

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

Approved February 24, 1891. 

Chap. 31 '^N Act to amend an act relating to the printing and dis- 
tributing OF BALLOTS FOR TOWN ELECTIONS AT THE PUBLIC 
EXPENSE, so AS TO PROVIDE FOR THE APPOINTMENT OF ADDI- 
TIONAL bAllot officers. 

Be it enacted, etc., as folloivs: 

Section 1. Section thirteen of chapter three hundred 
and eighty-six of the acts of the year eighteen hundred 



Roads in 
Mashpee. 



1890, 386, § 13, 
amended. 



1891. — Chapters 32, 33. 683 

and ninety is amended by inserting in the second line, 
after the word "clerks", the words: — The moderator Moderator may 
may appoint additional ballot officers to assist the ballot tionarbaliot' 
clerks in checking the list, but in no case shall more assist- °'^"='''"^- 
ants be appointed than one to every four hundred qualified 
voters or majority fraction thereof upon the official list, — 
and by inserting in the third line, after the word '' vacan- 
cies", the words: — in office of ballot clerks or of such 
additional ballot officers, — so that said section as amended 
shall read as follows : —Section 13. Before the opening of f^'Jj^f "leTkeand 
the polls the selectmen shall appoint two ballot clerks. The additional baiiot 
moderator may appoint additional ballot officers to assist the 
ballot clerks in checking the list, but in no case shall more 
assistants be appointed than one to every four hundred 
qualified voters or majority fraction thereof upon the offi- 
cial list ; and in case of vacancies in office of ballot clerks 
or of such additional ballot officers after the opening of 
the polls the moderator shall fill the same. The ballot 
clerks shall have charge of the ballots and shall furnish 
them to the voters in the manner hereinafter provided. 
Section 2. This act shall take effect upon its passage. 

Approved February 26, 1891. 



Chap. 32 



An Act relating to administering the oath of office to 
tellers in town-meetings. 

Be it enacted, etc., as folloivs: 

Section 1. Tellers hereafter appointed in towns may xeiiersmaybe 
be sworn to the faithful discharge of their duties by the niode'rator. ^ 
moderators of the meetings at which they are appointed, 
and the town clerk shall make a record of the taking of 
such oath. 

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

Appn-oved February 26, 1891. 



Chap. 33 



An Act to amend an act to promote the abolition of grade 

crossings. 
Be it enacted, etc., as follows: 

Section 1. Section two of chapter four hundred and is9o,428, §2, 
twenty-eight or the acts or the year eighteen hundred and 
ninety is hereby amended by inserting after the words 
" several crossings ", in the second line thereof, the words : 

— or several railroads crossing at or near the same point, 

— so that said section as amended shall read as follows : — 



684 



1891. — Chapter 34. 



Jurisdiction, 
powers and 
duties of 
commissioners. 
1890, 42S, § 1. 



rmbrac°e"everai SecHoii 2. A petition Under the preceding section may 
crossings, etc. embrace several crossinsfs or several railroads crossing; at 
or near the same point, or by order of the court several 
separate petitions may be consolidated and heard as one. 

Section 2. The commissioners appointed under section 
one of said chapter four hundred and twenty-eight shall 
have the same jurisdiction, duties and powers where sev- 
eral railroads cross a public way at or near the' same point, 
as is now provided in said chapter where there is but one 
railroad ; and they may apportion the work to be done 
among the companies owning said railroads, and shall 
equitably apportion the sixty-five per centum of the actual 
cost of the alterations the railroad companies are to pay 
under said chapter, among the several companies owning 
said railroad so crossing said way ; and they shall also 
apportion and award in what manner and proportion each 
of said railroad companies shall maintain and keep in 
repair the framework of the bridge and its abutments 
when the public way crosses the railroad by an overhead 
bridge, and the bridge and its abutments when the public 
way passes under said railroads, according to the provi- 
sions and limitations of section six of said chapter. 

Section 3. This act shall include in its application 
pending cases, and shall take efiect upon its passage. 

Approved February 27, 1891. 

Ghan 34 ^ ^^^ making appropriations for salaries and expenses 

OF THE district POLICE. 

Be it enacted, etc., as folloios : 

Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
salaries and expenses of the district police during the 
year ending on the thirty-first day of December in the 
year eighteen hundred and ninety-one, to wit : — 

For the salary of the chief of the district police, a sum 
not exceeding two thousand dollars. 

For the salary of the first clerk in the office of the chief 
of the district police, the sum of fifteen hundred dollars. 

For the salary of the second clerk in the office of the chief 
of the district police, the sum of eight hundred dollars. 

For the compensation of the thirty-two members of the 
district police, a sum not exceeding forty-eight thousand 
dollars. 



To apply to 
pending cases. 



District police, 
— chief. 



First clerk. 



Second clerk. 



Members. 



1891. — Chaptees 35, 36. 685 

For travelling expenses actually paid by members of Jjplnies^ 
the district police, a sum not exceeding eighteen thousand 
six hundred dollars. 

For incidental, contingent and office expenses of the incidental, etc., 
chief and members of the district police, a sum not exceed- ®^p®"®*'*- 
ing two thousand dollars. 

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

ApjiToved Fehruary 27 ^ 1891. 

An Act to authorize the town of needham to make an (JJiri^ 35 

ADDITIONAL WATER LOAN. "' 

Be it enacted, etc., as folloics : 

Section 1. The town of Needham, for the purposes May make an 
mentioned in section five of chapter one hundred and water°oan. 
seven of the acts of the year eighteen hundred and eighty- 
eight, may issue bonds, notes or scrip to be denominated 
on the face thereof Needham Water Loan, to an amount 
not exceeding thirty thousand dollars in addition to the 
amount heretofore authorized by law to be issued by said 
town for the same purposes ; said bonds, notes or scrip to 
be issued upon the same terms and conditions and with 
the same powers as are provided in said act for the issue 
of the Needham water loan by said town : provided, the whoie amount 

,•1 j/» 11 ij •• Ti' -lOf bonds notfto 

whole amount of such bonds, notes or scrip issued by said exceed $105,000. 
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 five 
thousand dollars. 

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

Approved Fehruary 27, 1891. 



Chap. 36 



An Act making appropriations for salaries and expenses at 

THE state prison, MASSACHUSETTS REFORMATORY, THE REFORM. 
ATORT prison for WOMEN, AND FOR EXPENSES IN CONNECTION 
THEREWITH. 

Be it enacted, etc., as follows: 

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

For the payment of salaries and wages at the state prison st.-ite prison,— 
at Boston, a sum not exceeding sixty-nine thousand dol- e'xpen^es'!"'^ 



686 



1891. — Chapter 36. 



Massachusetts 
reformatory, — 
salaries and 
expenses. 



Prison for 
women, — t 
aries, etc. 



Removing pris- 
oners. 



Support of pris- 
oners. 



Aid for con- 
victs discharged 
from state 
prison. 



Aid for dis- 
charged female 
prisoners. 



Prisoners dis- 
charged from 
Massachusetts 
reformatory. 
Commissioners 
of prisons. 



Travelling ex- 
penses of com- 
missioners. 



Trustees state 
primary, etc., 
schools. 



Sarah J. Robin 
son. 



Fugitives from 
justice. 



lars ; and for other current expenses at said institution, a 
sum not exceeding eighty thousand dollars. 

For the payment of salaries and wages at the Massachu- 
setts reformatory at Concord, a sum not exceeding seventy- 
two thousand five hundred dollars ; and for other current 
expenses at said institution, a sum not exceeding one hun- 
dred and five thousand five hundred dollars. 

For the paj'ment of salaries and wages at the reforma- 
tory prison for women at Sherborn, a sum not exceeding 
twenty-four thousand dollars ; and for other current 
expenses at said institution, a sum not exceeding thirty- 
two thousand dollars. 

For expenses incurred in removing prisoners to and 
from state and county prisons, a sum not exceeding nine 
hundred dollars. 

For supporting prisoners removed from state to county 
prisons, a sum not exceeding two hundred dollars. 

For the salary of the agent for aiding prisoners dis- 
charged from the state prison, one thousand dollars ; and 
for expenses of said agent, a sum not exceeding three 
thousand dollars, to be used in rendering assistance to 
said prisoners. 

For expenses of the agent for aiding discharged female 
prisoners, discharged from the prisons of the Common- 
wealth, including assistance rendered to said prisoners, a 
sum not exceeding three thousand dollars. 

For aiding prisoners discharged from the Massachusetts 
reformatory, a sum not exceeding five thousand dollars. 

For incidental and contingent expenses of the commis- 
sioners of prisons, a sum not exceeding twelve hundred 
dollars. 

For travelling expenses of the commissioners of prisons, 
and of the secretary and agents of said commissioners, a 
sum not exceeding twenty-five hundred dollars. 

For travelling and other necessary expenses of the trus- 
tees of the state primary, reform and industrial schools, a 
sum not exceeding one thousand dollars. 

For the support of Sarah J. Robinson, a prisoner in jail 
at Lowell in the county of Middlesex, a sum not exceed- 
ing four hundred dollars. 

For expenses incurred in the arrest of fugitives from 
justice, a sum not exceeding two thousand dollars. 

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

Approved March 2, 1891. 



1891. — Chapteks 37, 38. 687 



An Act making appropriations for carrying out the pro- Qlinyy 37 
VISIONS of the act relative to the employment of pris- 
oners IN THE PRISONS OF THE COMMONWEALTH. 

5e it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned are ap- App.ropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purpose of 
carrying out the provisions of chapter four hundred and 
forty-seven of the acts of the year eighteen hundred and 
eighty-seven, relating to the employment of prisoners in 
the various prisons of the Commonwealth during the year 
eighteen hundred and ninety-one, to wit : — 

For the compensation of the oeneral superintendent of (General super- 

1 . '■^ 1 1 1 11 intendentof 

prisons, thirty-live hundred dollars. prisons. 

For clerical assistance to the general superintendent of clerical assist- 
prisons, a sum not exceeding one thousand dollars. 

For travelling expenses of the general superintendent Travelling ex- 
of prisons, a sum not exceeding five hundred dollars. 

For contingent and incidental expenses of the superin- contingent and 
tendent of prisons, including rent of office, fifteen hundred penses. 
dollars. 

For maintaining industries at the state prison at Bos- industries at 
ton, a sum not exceeding two hundred and ten thousand ^''"^p"^°°- 
dollars. 

For maintaining industries at the Massachusetts reform- industries at 
atory, a sum not exceeding forty thousand dollars. reformatory. 

For maintaining industries at the reformatory prison Reformatory 
for women, a sum not exceeding five thousand dollars. women,*"^ 

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



Approved March 2, 1891. 



An Act to enlarge the jurisdiction of notaries public 

Be it enacted, etc., as folloivs : 

Section 1. Notaries public shall hereafter have juris- jurisdiction of 
diction and the right to act in any and all the counties. extended.^'" "^' 
Section 2. The provisions of this act shall apply to to apply to 

1,.. 11. • J ^ ^ ' • 1 1 notaries now in 

all notaries public now a[)pointed and commissioned ; and commission. 
hereafter all appointments of notaries pul^lic shall be made 
and their commissions be issued for the Commonwealth. 

Approved March 2, 1891. 



Chai). 38 



688 1891.— Chapters 39, 40, 41. 



(JJiap. 39 -^^ Act to authorize the county commissioners of PLYMOUTH 
COUNTY TO BORROW A SUM OF MONEY IN ADDITION TO THAT 
NOW ALLOWED BY LAW FOR THE PURPOSE OF COMPLETING AND 
FURNISHING THE NEW COURT HOUSE IN BROCKTON. 

Be it enacted, etc., as folloivs : 
^lleyu>°Zm. The county commissioners of the county of Plymouth 
houseTn^Brock- ^^^ hereby authorized to borrow on the credit of the 
ton- county a sum not exceeding fifteen thousand dolhirs, and 

expend the same for the purpose of completing and fur- 
nishing the new court house in Brockton, this sum being 
in addition to that now authorized by chapter three hun- 
dred and twenty-five of the acts of the year eighteen hun- 
dred and ninety. Approved March 2, 1891. 

Chctp. 40 An Act making appropriations for salaries and expenses at 

THE STATE PRIMARY SCHOOL AT MONSON. 

Be it enacted, etc., as folloios : 
Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the 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-one, 
to wit : — 
fc^oorsSanes ^^^' ^^^ payment of salaries, wages and labor at the 
expenses, etc. state primary school at Monson, a sum not exceeding 
eighteen thousand dollars ; and for other current expenses 
at said institution, a sum not exceeding thirty-four thou- 
sand dollars; and for boarding out children, a sum not 
exceeding seven thousand dollars. 

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

Approved March 6, 1891. 

Chap. 41 An Act making appropriations for salaries and expenses 

AT THE state INDUSTRIAL SCHOOL FOR GIRLS. 

Be it enacted, etc., as follows : 

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 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-one, to wit : — 



1891. — Chapters 42, 43, 44. 689 

For the payment of salaries, wages and labor at the state industrial 
state industrial school for girls at Lancaster, a sum not BauTHes^ex?"'^' 
exceeding eight thousand four hundred dollars ; and for pe"«es, etc. 
other current expenses at said institution, a sum not 
exceeding twelve thousand six hundred dollars. 

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

Approved March 6, 1891. 

An Act making appropriations for salaries and expenses f^L^^, 40 

AT THE LYMAN SCHOOL FOR BOYS AT WESTBOROUGH. ^ ' 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
salaries and expenses at the Lyman school for boys at 
Westborough, for the year ending on the thirty-first day 
of December in the year eighteen hundred and ninety- 
one, to wit : — 

For the payment of salaries, wages and labor at the Lyman school 
Lyman school for boys at Westborough, a sum not exceed- arles^^expTnses, 
ing seventeen thousand seven hundred and eighty-five ^^°' 
dollars ; and for other current expenses at said institution, 
a sum not exceeding twenty-six thousand nine hundred 
and fifteen doHars. 

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

Approved March 6, 1891. 

An Act to change the name of the chollar, pdtnam and njinj) 43 

SPRAGUE COMPANY. 

Be it enacted, etc., as follows : 

Section 1. The name of the Chollar, Putnam and Name changed 

.,■,.,.,. to Putnam and 

Sprague Company, a corporation located in the city 01 spragueCom- 
Worcester, and incorporated in the year eighteen hundred ^^''"^' 
and eighty-nine under the general laws of the Common- 
wealth, is hereby changed to the Putnam and Sprague 
Company. 

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

Approved March 6, 1891. 

An Act to authorize the nantucket beach street railway nifnn 44 

COMPANY TO DO BUSINESS AS A COMMON CARRIER. 

Be it enacted, etc., as follows : 

Section 1. The Nantucket Beach Street Railway May do business 
Company is hereby authorized to carry on the express cani^ 



as a common 
rier. 



090 1891. — Chapters 45, 46, 47. 

business 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 Public Statutes and of all 
laws relating to common carriers and express companies, 
provided the consent of a majority of the selectmen of the 
town of Nantucket be first had and obtained after due 
hearing and proper public notice of such hearing. 

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

Approved March 6, 1891. 

Chan. 45 ^^ -^^"^ '^^ authorize the Massachusetts homeopathic hospi- 
tal TO HOLD ADDITIONAL PROPERTr. 

Be it enacted, etc. , as follows : 

tioLi°^io'\tfi'- Section 1. The Massachusetts Homeopathic Hospital 
is authorized, for the purposes set forth in its act of 
incorporation, to hold property to the amount of one 
million two hundred thousand dollars. 

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

Aj)proved March 6, 1891. 

Chan. 4G -^^ act to authorize the NEW BEDFORD GAS LIGHT COMPANY 

TO CHANGE ITS CORPORATE NAME. 

Be it enacted, etc., as follows : 

May change ^ SECTION 1. The Ncw Bedford Gas Light Company is 

Bedford Giis"^ hereby authorized, by a majority vote of the stock repre- 

ijgh?Company. scutcd at a meeting of the stockholders called for that 

purpose, in accordance with the provisions of the by-laws 

relating thereto, to change its corporate name to the New 

Bedford Gas and Edison Light Company. 

Powers, duties, SECTION 2. Tlic authority granted under this act shall 

etc., nol to bo . „ . *^ V /> i • i ^ • • 

impaired. not lu any way anect or impair any ot the rights, privi- 

leges, powers, franchises, duties, liabilities, obligations 
and restrictions already conferred and imposed upon said 
corporation. 

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

Approved March 6, 1891. 

Chan 47 -^^ -^^^ '^^ authorize the trustees of THE CONSUMPTIVES' 
HOME TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Beit enacted, etc., as follows. • 
May hold addi- SECTION 1. The Trustccs of the Cousumptives' Homc, 
personal estate, a coi'poration established by chapter forty-eight of the 



1891. — Chapters 48, 49. 691 

acts of the year eighteen hundred and seventy-one, is 
hereby authorized to hold real and personal estate for the 
purposes named in said act of incorporation to an amount 
not exceeding; three hundred thousand dollars in addition 
to the amount said corporation is now authorized to hold. 
Section 2. This act shall take effect upon its passage. 

Approved March 6, 1891. 

An Act to authorize the consolidation of the fitchburg Qhrtj) 48 

AND MONADNOCK RAILROAD COMPANIES. 

Be it enacted, etc., as folloivs : 

Section 1. The Fitchburg Railroad Company is here- Fitchburg and 
by authorized to unite and consolidate with the Monadnock mi'rroad'cora- 
Railroad Company, and to form one corporation under ^onsoiidited^^ 
the name of the Fitchburg Railroad Company, which shall 
have all the rights, powers, privileges and immunities and 
be subject to all the debts and liabilities of said uniting 
corporations, and to all the general laws relating to rail- 
road corporations. Such union and consolidation shall 
be upon such terms and conditions as shall be approved 
by a vote of the stockholders of each corporation at meet- 
ings duly called for that purpose : provided, hoivever, that P'oviso. 
the amount of the capital stock of the consolidated corpora- 
tions shall not by virtue of said consolidation exceed the 
existing amount of the capital stock of the Fitchburg and 
Monadnock railroad companies. 

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

Approved March 6, 1891. 

An Act relative to preserving ornamental and shade trees (JJinjy 49 
ON the highways. 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter one hundred and is9o, 196, § 2, 
ninety-six of the acts of the year eighteen hundred and 
ninety is hereby amended by striking out the words 
" secretary of the Commonwealth", and inserting in place 
thereof the words : — secretary of the state lioard of v 

agriculture, — so that it shall read as follows : — Section 
2. Said mayor and aldermen and selectmen shall, be- Desis^uation of 
tween the first day of September and the thirty-first day ghado'ueeson'^ 
of December in each year, designate such trees as are i^ife'ii^^ys. 
selected by them for the purposes set forth in this act 
by driving into the same, at a point not less than four 



692 1891. — Chapters 50, 51. 

nor more than six feet from the jjround and on the side 
toward the center of the highway, a nail or spike with a 
head with the letter M plainly impressed upon it ; said 
nails and spikes to be procured and furnished by the sec- 
retary of the state board of agriculture to said mayor and 
aldermen and selectmen as required by them for the pur- 
poses of this act. Said mayor and aldermen and select- 
men, between the first day of September and the thirty-first 
day of December of each succeeding year, shall renew 
such of said nails and spikes as shall have been destro3'ed 
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 requirements 
of this act. 

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

Approved March 6, 1891. 



Ckaj? 



50 An Act concerning the salary of the late richard f. tobin, 
OF the board of fire commissioners of the city of boston. 



Be it enacted, etc., as follows. 



paldTowWow Section 1. The city of Boston is authorized to pay 
of Richard F. to the widow of Richard F. Tobin late a member of the 

ToDin. 

board of fire commissioners of the said city, the salary 
that would have been payable to him after filling said ofiice 
for the balance of the fiscal year ending April thirtieth in 
the year eighteen hundred and ninety-one and to which 
he would have been entitled had he lived and continued to 
hold said office during said period. 

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

Approved March 6, 1891. 



Chap. 



HI An Act to authorize the proprietors of the first univer- 

SALIST meeting-house OF SALEM TO HOLD ADDITIONAL PROPERTY. 



Be it enacted, etc., as follows . 



May hold addi- Section 1. The Proprietors of the First Universalist 

tional property -.,ri-i coi i i i-i 

not exceeding Meetmg-house ot Salcm are hereby authorized to hold 
' ■ property to an amount not exceeding forty thousand dol- 

lars, exclusive of value of churchand land appurtenant 
thereto. 

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

Approved March 6, 1891. 



1891. — Chapters 52, 53, 54. 693 



An Act to authorize the proprietors of the new mattakes- (JJku)^ 52 
sett creeks in edgartown to fish by means of seines in 
katama bat. 
Be it enacted, etc., as follows: 

Section 1. The Proprietors of the New Mattakessett May fish by_^ ^ 
Creeks in Edgartown are authorized to fish by means of 
seines in that part of Kataina bay which lies westward of 
a straight line drawn due south from the easterly extrem- 
ity of Kataraa point to the south beach. 

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

Approved March 6, 1891. 

An Act to authorize the city of boston to pay to the widow (JJkij)^ 53 
of john t. kilty late an employee in the bridge depart- 
ment of said city a sum not exceeding one thousand 

DOLLARS. 

Be it enacted, etc., asfolloivs: 

Section 1. The city of Boston is authorized to pay to May pay to the 
the widow of John T. Kilty late an employee in the t! KiTty no° ex- 
bridge department of said city a sum not exceeding one ceedmg $i,ooo. 
thousand dollars. 

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

Approved March 6, 1891. 

An Act relating to the amount of money to be advanced p^^^ Pi a 

TO the DISBURSING OFFICER OF THE BOARD OF LUNACY AND -* 

CHARITY. 

Be it enacted, etc., asfolloivs: 

Section 1. The amount advanced to the disbursing Amount ad- 
ofiicer of the board of lunacy and charity, under the pro- Exceed $2,000. 
visions of chapter fifty-eight of the acts of the year eight- 
^een hundred and ninety, shall not exceed two thousand 
dollars. 

Section 2. So much of section four of chapter one Repeal. 
hundred and seventy-nine of the acts of the year eighteen 
hundred and eighty-four, as amended by section two of 
chapter fifty-eight of the acts of the year eighteen hundred 
and ninety, as is inconsistent with this act is hereby 
repealed. 

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

Approved March 6, 1891. 



694 



1891. — Chapters 55y 56. 



Harwich Port 
Cemetery Asso- 
ciation incorpo- 
rated . 



Chctp. 55 -^N Act to incorporate the Harwich port cemetery associa- 
tion IX THE TOWN OF HARWICH. 

Be it enacted, etc., as follows: 

Section 1. ShubaelB. Kelley, Nathaniel Doane, Wat- 
son B. Kelley, Abiathur Doane, Freeman E. Burgess, 
their associates and successors, are hereby made a corpo- 
ration by the name of the Harwich Port Cemetery Asso- 
ciation, for the purpose of controlling, caring for and 
improving grounds set apart and known as the Mount 
Pleasant cemetery, situated and lying in the town of Har- 
wich. Said corporation shall have all the powers and 
privileges and be subject to all the duties, restrictions and 
liabilities set forth in the general laws which now are or 
hereafter may be in force applicable to similar corporations. 

Section 2. Said corporation is hereby authorized to 
take possession and assume legal control of said cemetery, 
and may acquire by gift, bequest, devise or purchase and 
may hold, so much personal property as may be necessary 
for the objects connected with and appropriate for the pur- 
pose of said association : provided, that nothing herein 
contained shall affect the individual rights of proprietors 
in said cemetery. 

Section 3. All persons who shall become proprietors 
of lots in any lands acquired by said association and all 
persons who now are proprietors of lots, whether by deed 
or otherwise, in the real estate mentioned in section one 
of this act shall be and become members of said associa- 
tion ; and whenever any person shall cease to be the pro- 
prietor of a lot in the lands of said association he shall 
cease to be a member thereof. 

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

Approved March 6, 1891. 

An Act to change the name of the george f. littlefield 

SHOE company of TURNER'S FALLS. 

Be it enacted, etc., as follows: 

Section 1. The name of the George F. Littlefield 
Shoe Company of Turner's Falls, in the town of Montague, 
Massachusetts, a corporation organized in the year eight- 
een hundred and eighty under the general laws of the 
Commonwealth, is hereby changed to the Turner's Falls 
Shoe Company. 

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

Approved March 6, 1891. 



May take pos- 
session of 
Mount Pleasant 
cemetery. 



Proviso. 



Proprietors of 
lots to be mem- 
bers of corpo- 
ration. 



Chap. 5Q> 



Name changed 
to Turner's 
Falls i^hoe 
Company. 



1891. — Chapters 57, 58, 695 



An Act to authorize the trustees of the smith college to (JfiQji K'7 

HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted,, etc. , as follows : 

Section three of chapter seventy-one of the acts of the i87i,7i,§3, 
year eighteen hundred and seventy-one is hereb}^ amended ''"*° ^ 
by striking out the word " fifty", in the last line thereof, 
and inserting in place thereof the words : — two hundred, 

— so that said section as amended shall read as follows: 

— Section 3. The said corporation may have a common May have a 
seal, which it may alter or renew at its pleasure, and all gued.^etc!"'^ ^^ 
deeds sealed Avith the seal of said corporation and signed 

by its order shall, when made in the corporate name, be 

considered in laAV as the deeds of the said corporation ; 

and said corporation may sue and be sued in all actions, 

real, personal or mixed, and may prosecute the same to 

final judgment and execution by the name of The Trustees 

of the Smith College ; and said corporation shall be capa- May how real 

ble of taking and holding in fee simple or any less estate, estate*"^"""' 

by gift, grant, bequest, devise or otherwise, any lands, 

tenements or other estate, real or personal '.provided, that Proviso. 

the clear annual income of the same shall not exceed two 

hundred thousand dollars. Approved March 10, 1891. 

An Act to prevent deception in the manufacture and sale (Jhnj) 58 
OF imitation butter. 

Be it enacted, etc., as follows: 

Section 1. No person, by himself or his agents or Manufacture or 
servants, shall render or manufacture, sell, offer for sale, buue°/.^™"'"'°'* 
expose for sale or have in his possession with intent to 
sell, any article, product or compound made wholly or 
partly out of any fat, oil or oleaginous substance or com- 
pound thereof, not produced from unadulterated milk or 
cream from the same, which shall be in imitation of yellow 
butter produced from pure unadulterated milk or cream of 
the same : provided, that nothing in this act shall be con- proviso, 
strued to prohibit the manufacture or sale of oleomargarine 
in a separate and distinct form and in such manner as 
will advise the consumer of its real character, free from 
coloration or ingredient that causes it to look like 
butter. 

Section 2. Whoever violates any of the provisions of Penalty. 
section one of this act shall be punished by a fine of not 



696 



1891. — Chapter 59. 



Milk inspectors 
to institute com- 
plaints, etc. 



Analysis. 



Expense, etc. 



Penalty for in- 
terference. 



Not to impair 
prosecution, 
etc., of viola- 
tion of existing 
laws. 



less than one hundred dollars nor more than five hundred 
dollars, or by imprisonment in the house of correction for 
a term not exceeding one year. 

Section 3. Inspectors of milk shall institute com- 
plaints for the violation of the provisions of this act when 
they have reasonable cause to believe that any of its pro- 
visions have been violated ; and on the information of any 
person who lays before them satisfactory evidence by 
which to sustain such complaint, said inspectors may enter 
all places where butter or imitations thereof are stored or 
kept for sale, and shall also take specimens of suspected 
butter and imitations thereof and cause them to be 
analyzed or otherwise satisfactorily tested, the result of 
which analysis or test they shall record and preserve as 
evidence ; and a certificate of such result sworn to by the 
analyzer shall be admitted in evidence in all prosecutions 
under this act. The expense of such analysis or test, not 
exceeding twenty dollars in any one case, may be included 
in the costs of such prosecutions. Whoever hinders, 
obstructs, or in any way interferes with any inspector in 
the performance of his duty shall be punished by a fine of 
fifty dollars for the first offence and of one hundred dollars 
for each subsequent offence. 

Section 4. This act shall not be construed to impair 
or prevent the prosecution and punishment of any viola- 
tion of laws existing at the time of its passage and com- 
mitted prior to its taking efiect. 

Section 5. This act shall take efiect on the first day 
of September next. Apjjroved March 10, 1891. 



Chap. 59 An Act relating to the unlawful issuing of certificates 

OF DIVORCE. 

Be it enacted, etc., as follows : 

\i^iu\tl^u\n^' Whoever, except in compliance with an order of a court 
divoTcl!''''*'^* °^ of competent jurisdiction, shall give, sign, or issue any 
writing purporting to grant a divorce to persons who are 
husband and wife according to the laws of this Common- 
wealth, or purporting to be a certificate that a divorce has 
been granted to such persons, shall be punished by fine 
not exceeding one thousand dollars or by imprisonment in 
the jail not exceeding three 3^ears, or by both such fine 
and imprisonment. Approved March 10, 1891. 



1891.- Chapters 60, 61, 62. 697 



An Act making appropriations for salaries and expenses at QJimj. 60 

THE STATE ALMSHOUSE AT TEWKSBURY. 

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 payment of 
salaries and expenses at the state almshouse at Tewksbury 
during the year ending on the thirty-first day of December 
in the year eighteen hundred and ninety-one, to wit : — 

For the payment of salaries, wages and labor at the state state almshouse 
almshouse at Tewksbury, a sum not exceeding twenty- salaries and ex- 
nine thousand dollars ; and for other current expenses at p*^"**^^- 
said institution, a sum not exceeding seventy-nine thousand 
five hundred dollars. 

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

Approved 3 f arch 12, 1891. 

An Act to authorize the construction of a public bridge (JJidj)^ gX 

OVER an arm of west FALMOUTH HARBOR IN THE TOWN OF 
FALMOUTH. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Falmouth, or the county Town of Fai- 

^ -r, ,11 . i- 1 1 mouthorcounty 

commissioners ot Jiarnstable county, may respectively lay commissioners 
out a town way or highway, and may build and maintain M^iiway and 
a l)ridge without a draw therein, over the southerly arm ove'^anllm of 
of AVest Falmouth (otherwise called Chapaquoit) harbor, J;'^^^^^,.^'''"""^^ 
at or near carpet factory wharf in said town ; subject to 
the provisions of chapters nineteen and forty-nine 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. 

Aptproved March 12, 1891. 

An Act to incorporate the trustees of the james Arnold QJidrf^ Q2 

FUND. 

Be it enacted, etc., as follows : 

Section 1. William J. Rotch, Henry Taber and Oliver Trustees of the 

11 n -K-r -r, M' T • ji ± i-n-ii' James Arnold 

Prescott, all oi J\ew Jiedtord in the county ot Bristol, Fund, incorpo- 
trustees of the fund created " for the benefit of the poor 
and needy in New Bedford who may be deserving ", by 



698 



1891. — Chapter 62. 



Provisions of 
will to be main- 
tained. 



Real and per- 
sonal estate. 



Compensation, 
powers and du- 
ties of trustees. 



the will of James Arnold, late of said New Bedford, 
deceased, and their successors in said trust elected or 
appointed in accordance with the terms of said will, are 
hereby made a corporation by the name of the Trustees 
of the James Arnold Fund, for the purpose of managing 
said fund and dispensing said charity, as provided in said 
will, with greater facility and security ; with all the powers 
and privileges and subject to all the restrictions, duties 
and liabilities set forth in the general laws which now are 
or hereafter may be in force and applicable to such corpo- 
rations, not inconsistent with the provisions of said will. 

Section 2. Nothing in this act shall be construed as 
restricting, enlarging or in any way changing the pro- 
visions of said will, or the scheme of charity therein set 
forth, or as impairing the jurisdiction of the supreme judi- 
cial court over the subject matter of the trust created by 
sdid will; 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. 

Section 3. 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 ; and after the 
organization of said corporation the trustees holding for 
the time being the appointment of the probate court in and 
for the county of Bristol, are hereby authorized to convey 
all the estate, real and personal aforesaid, to the said cor- 
poration. On the allowance of the account of 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 conveyance, they shall be 
discharged by said probate court. 

Section 4. The said corporators as trustees, and their 
successors, shall receive no compensation for their admin- 
istration of the trust ; and said trustees and their successors 
shall have powder to fill all vacancies in their number 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, tenure 
and compensation of their offices ; and generally to do all 



1891. — Chapter 63. 699 

acts necessary or proper to be done for the purpose of 
carrying into full effect the provisions of this act. 

Section 5. This act shall take effect upon its passage. 

A2)proved March 12, 1891. 



An Act in addition to an act authorizing the boston, revere (JJiap. 63 

BEACH AND LYNN RAILROAD COMPANY TO UNITE AND CONSOLI- 
DATE WITH THE BOSTON, WINTHROP AND SHORE RAILROAD COM- 
PANY. 

Be it enacted, etc., as foUoivs : 

Sectiox 1. Every stockholder of either the Boston, stockholders to 

-^ i» 1 T"> deemea to 

Revere Beach and Lynn Railroad Company or oi the Bos- have assented to 
ton, AVinthrop and Shore Railroad Company shall be m,iess written 
deemed to assent to the terms and conditions of any con- dusent be flied. 
solidation approved by a majority in interest of the stock- 
holders of said corporations as provided in section one of 
chapter one hundred and thirty-two of the acts of the year 
eighteen hundred and eighty-seven, unless within thirty 
days from such approval lie shall file with the clerk of the 
Boston, Revere Beach and Lynn Railroad Company a 
writing declaring his dissent from said terms and conditions 
and stating the number of shares held by him and the num- 
ber of the certificate or certificates evidenciiig the same : 
provided, however, that as against any stockholder legally Proviso. 
incapacitated 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 stock- 
holder dissenting as above specified shall be acquired by 
said Boston, Revere Beach and Lynn Railroad Company, 
and shall be valued, and the value thereof be paid or ten- 
dered or deposited to or for account of such stockholder 
in the manner following: — Within thirty days from the 
filing of any stockholder's dissent as above provided, the 
said Boston, Revere Beach and Lynn Railroad Company 
shall file its petition with the supreme judicial court sitting 
within and for the county of Suffolk, setting forth the 
material facts and praying that the value of such dissenting 
stockholder's shares may be determined. Thereupon, vaiue of sharea 
after such notice to all parties concerned as it may deem minld.^^'^ 
proper, said court shall pass an order requiring such dis- 
senting stockholder's certificate or certificates of stock to 
be deposited with the clerk of said court, and shall appoint 
three commissioners to ascertain and report the value of 



700 



1891. — Chapter 64. 



Report of com- 
missioners to be 
made to the 
court. 



Exceptions. 



such dissenting stockholder's shares on the day of the 
approval of the terms and conditions of consolidation by a 
majority in interest of the stockholders of said two corpo- 
rations. Said report shall be made to the court as soon 
as practicable, and, after due notice to the parties in inter- 
est, shall be accepted by the court, unless before such 
acceptance either of the parties to said proceeding shall 
claim a jury, in which 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 by said court. 
The said commissioners' report or such verdict, when 
accepted by the court, shall be final and conclusive as to 
the value of 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 the certificate or 
certificates thereof shall become the property of the said 
Boston, Revere Beach and Lynn Railroad Company, whose 
right and title thereto may be enforced by the court by 
any appropriate order or process. Exceptions may be 
taken to any ruling or order of said court, to be heard and 
determined by the full court as in other civil cases. And 
said court may make all such orders for the enforcement 
of the rights of any party to the proceeding — for the con- 
solidation of .two or more petitions and their reference to 
the same commissioners — for the consolidation of the 
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 pay- 
ment of costs by one party to the other — as justice and 
equity and the speedy settlement of the matters in con- 
troversy may require. 

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

Approved March 12, 1891. 



OhaV. 64 -^^ -^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 

THE STATE FARM AT BRIDGEWATER. 

Be it enacted, etc., as folloics: 

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 payment of 



1891. — Chapters 65, 66. 701 

salaries and expenses at the state farm at Bridgewater 
during the year ending on the thirty-first day of December 
in the year eighteen hundred and ninety-one, to wit : — 

For the payment of salaries, wages and labor at the state farm at 
state farm at Bridgewater, a sum not exceeding twenty salaries and ex- 
thousand five hundred dollars ; and for other current p""^®®- 
expenses at said institution, a sum not exceeding fifty-two 
thousand dollars. 

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

Approved March 12, 1891. 

An Act requiring assessors of cities and towns to make QJid^)^ 55 

RETURNS to THE SECRETARY OF THE COMMONWEALTH OF THE 
NUMBER AND VALUE OF FOWL ASSESSED. 

Be it enacted, etc., as follows: 

Section 1. Assessors of cities and towns shall include Assessors to 
in their returns to the secretary of the Commonwealth, ^wi assessed. 
as required by section fifty-four of chapter eleven of the 
Public Statutes, the total number and value of fowl 
assessed. 

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

Ajyj^roved March 12, 1891. 



Chap. 66 



An Act to incorporate the petersham memorial library. 
Be it enacted, etc., as folloivs : 

Section 1. John G. Mudge, Elizabeth H. Flint, Petersham 

^ ^^ O ' _ ' XLemorial Li- 

James W. Brooks, Francis H. Lee, William Simes, brary, incorpo- 

rated. 

Francis A. Brooks, George Ay res, George Bancroft, 
Franklin Brown, Martha W. Brooks, Sarah L. Blanchard, 
Catherine H. Bryant, Lydia Cook, Adeline M. Cook, 
Harriet R. Chickering, Charlotte L. Flint, Dawes E. Fur- 
ness, Susie A. Gibbs, Marietta Goddard, Edward Green, 
S. C. Goddard, J. H. Gafney, Charles W. Gates, James 
J. Higginson, John M. Holman, Eunice S. Holman, J. 
Benjamin Howe, Forest A. Hicks, Henry L. King, Mary 
A. Leamy, Solomon Lincoln, Ellen H. Lincoln, George ' 
S. Mann, Jno. Edwin Mason, L. O. Martin, Viola F. 
Martin, Eliza A. Mudge, David Parlin, Ruth W. Rogers, 
Edna L. Spooner, Fanny A. Spooner, Delia M. Stone, 
Lucy A. Stowell, Martha A. Webb, Ella M. Wheeler, 
Jairus Williams, Edmund B. Willson, Robert W. Willson 
and their associates and successors, to be determined and 
elected as hereinafter provided, are made a body corporate 



702 1891. — Chapter 66. 

by the name of the Petersham JNIemorial Library, for the 
purpose of establishing and maintaining in the town of 
Petersham an institution to aid in the promotion and the 
diffusion of knowledge by means of a library free to all 
the inhabitants of said town ; with all the powers and 
privileges and subject to all the duties, restrictions and 
liabilities set forth in all general laws which are now or 
may hereafter be in force applicable to such corporations 
and not inconsistent with this act. 
have'tiueto au Sectiox 2. Said corporatiou shall, upon its organiza- 
propertyheid tiou and the acceptauce of this act by the corporators 
pose of a public herein named and by said town, have the title, posses- 
library. siou, management and control of all the property, real 

and personal, now held by the said town and set apart 
for the purpose of a public library, and shall in relation 
thereto perform and discharge, on behalf of said town, any 
and all duties and trusts subject to which the same or any 
part of said property is now held by said town, but with- 
out power to contract any debt or liability which shall 
be binding upon said town unless legally directed and 
Additional real empowered SO to do. Said corporation may hold other 
tate DotTo^exf ^' property, real and personal, not exceeding fifty thousand 
ceed $50,000. (dollars in value, bestowed or appropriated for the purpose 
of a public library, and all gifts, grants, devises and 
bequests shall be held and used by said corporation for 
the purpose and upon the conditions therein named, pro- 
vided the same are not inconsistent with the provisions of 
this act 
'^r°oTi™emoCe Section 3. The town of Pctcrsham, so long as a 
to aid in sup. library free to all the inhabitants of said town is main- 
^°^ ' tained therein under and in conformity with this act, is 

hereby authorized to appropriate and pay money in aid of 
such institution in the manner authorized by law for the 
establishment, maintenance or increase of a public library ; 
. and said corporation may receive and use, in conformity 
with this act, all such appropriations. 
Membership. . SECTION 4. Said Corporation shall consist of at least 
twenty-five and not more than fifty members, to be chosen 
by the herein named corporators by ballot, at a meeting 
called for the acceptance of this act, or any special meet- 
ing called for the purpose, and any vacancy afterwards 
occurring in said membership may be filled and any addi- 
tions thereto may be made at the annual meeting fixed for 
said corporation or at any special meeting duly called for 
such purpose. 



1891. — Chapter 67. 703 

Section 5. There shall be for said corporation a board J/"eertwe°vehi 
of trustees not exceedino; twelve in number. Three of »y™J''^'". \i^'"ee 

o 11111 1 1 ^ whom to be 

these shall be residents of said town and shall be elected, elected by the 
one for the term of three years, one for the term of two 
years, and one for the term of one year, by the said 
town 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 of said resi- 
dent trustees shall be chosen annually by said town for 
the term of three years. After the acceptance of this act 
by said town, the board of corporators herein named and 
their associates, at a meeting called by said corporators, 
shall elect not more than nine nor less than six trustees. 
One-third of the number for the term of three years, one- 
third for the term of two years, and one-third for the term 
of one year, and thereafter, annually, one-third for the 
term of three years. All the said trustees referred to in Powers and 
this section shall constitute a board of trustees for the 
corporation, and shall have entire possession, manage- 
ment, control and direction of its aflairs, and shall choose 
from their number a president, secretary and treasurer, 
and prescribe the duties of each, and from time to time 
may make for the use and management of said library, 
its property and funds, such by-laws and regulations not 
inconsistent with this act as they may deem best. Any vacancies, 
vacancies occurring at any time, by death or otherwise, 
in the board of corporators, may be filled by the corpora- 
tors at their annual meeting. Any vacancy in that por- 
tion of the board of trustees chosen by the corporators 
may be filled for the current year by such portion of said 
board, and any vacancy in the portion of said board 
chosen by the town may be filled at its annual meeting or 
at a special meeting called for the purpose of filling it, 
for the remainder of the current year. 

Section 6. The trustees shall annually make a report Annual report 
to said town of their doings and of the financial condition 
of the said corporation. Approved March 12, 1891. 

An Act to amend an act to incorporate the trustees of the /n^? „„ arj 

SCOTTISH kite OF FREEMASONRY. -' 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter two hundred and ^3^2''° t^Ts **^ 
fifty-two of the acts of the year eighteen hundred and 
seventy-two is hereby amended by striking out the word 



704 1891 . — Chapter 68. 

*' one", in the second line, and inserting in place thereof 

the word : — five, — so that said section as amended shall 

May hold real read as follows : — Section 2. Said trustees may receive, 

and persoual , i i i i 

estate not manage and convey such real and personal estate, not 

$5oo%'o5etc. exceeding in all five hundred thousand dollars, as may be 
deposited with them by or for the supreme council of the 
ancient and accepted Scottish rite for the northern juris- 
diction of the United States, to such uses as said council 
may appoint, and shall report their doings to such supreme 
council, and submit their accounts and records to the 
inspection of said council. They may also receive and 
execute the trust of gifts and devises made to them for 
specific charitable objects of relief of aged, sick or decayed 
members of any of the associations or degrees of that rite 
depending on said supreme council, or for the relief of 
poor widows and orphans of members of any degree of 
said rite, whether said trusts are to be performed and exe- 
cuted in this or any other state of the United States where 
said rite is practised. 

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

Approved March 12, 1891. 

Ghap. 68 -^N Act to confirm the locations of the boston, revere beach 

AND LYNN KAILROAD COMPANY AND OF THE BOSTON, WINTHROP 
AND SHORE RAILROAD COMPANY, IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc. , as folloivs : 

Locations con- Section 1. The locatioiis of the Boston, Kevere Beach 
and Lynn Railroad Company and of the Boston, Win- 
throp and Shore Railroad Company, in the county of 
Suffolk, filed by said companies respectively with the 
aldermen of the city of Boston, are hereby ratified and 
confirmed as valid locations and takings, to all intents and 
purposes, of the lands described in said locations and in 

Provisos. the plans accompanying the same : provided, however, that 

claims for damages by reason of said locations or either 
of them, not heretofore legally satisfied, may be made and 
enforced in the same manner and with the same effect as 
if the filing of the said locations and of each of them were 
first made at the time of the passage of this act ; and j9ro- 
vided, further, that nothing herein shall be construed to 
affect any suit now pending or revive or revest in said 
corporations or either of them any rights or interests in 
lands covered by said locations or either of them and here- 



189 1 . — Chapters 69, 70. 705 

tofore abandoned pursuant to statute or otherwise, or shall 
in any way prejudice or affect the rights of any party 
under and by virtue of such abandonment. 

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

Ap2)roved March 12, 1891. 

An Act to incorpokate the waushacum lake companv. CllClV 69 
Be it enacted, etc., as follows: 

Section 1. John W. Ogden, Henry A. Goodrich, Jl^'^'^=J,°^™ny, 
Samuel W. Sawyer, all of Fitchburg ; Alfred D. Warren incorporated. 
of Worcester; John W. Corcoran, Charles A. Vickery 
and Edward G. Stevens, all of Clinton, their associates 
and successors, are hereby made a corporation for the 
term of thirty years from the date of the passage of this 
act, by the name of the Waushacum Lake Company, with 
authority to purchase and hold land not exceeding one 
hundred and fifty acres within the limits of the town of 
Sterling, 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 capital stock. 
be fifty thousand dollars, divided into shares of fifty dol- 
hirs 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 effect upon its passage. 

A2oproved March 12, 1891. 

Aj!i Act to amend section eleven of chapter four hundred fyL^.^ rA 

AND FORTY OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND ^ ' 

NINETY, RELATING TO EXPENSES OF COURTS TO BE PAID BY 
COUNTIES. 

Be it enacted, etc., as follows : 

Section eleven of chapter four hundred and forty of the Amendment to 
acts of the year eighteen hundred and ninety is hereby ^^"^•^^''S 
amended by striking out in the fifth line thereof the word 
"quarterly", and substituting in the place thereof the 
word : — monthly, — so that said section as amended shall 
read as follows: — Section 11. The reasonable expenses Expenses of 
of police, district and municipal courts for rent and care by'countiel^'" 



706 1891. — Chapters 71, 72, 73. 

of court rooms, fuel, record books, blanks and station- 
ery, and other expenses incidental to maintaining such 
courts, shall be certified by the justices thereof monthly, 
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. Approved March 12, 1891. 

CllCLp. 71 ^N Act to establish the salary of the clerk of the police 

COURT OF FITCHBDRG. 

Be it enacted, etc., as follows: 

fished. "'''^" Section 1. The salary of the clerk of the police court 

of Fitchburg shall be one thousand dollars per annum 
from the first day of Januar^^ in the year eighteen hundred 
and ninety-one. 

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

Approved March 12, 1891. 

Chcin. 72 -^N Act to amend an act establishij^g a board of commis- 
sioners OF sewerage for the city of waltham. 

Be it enacted, etc., as folloivs : 

i89o^'2o?'§"r° Section 1. Section five of chapter two hundred and 
five of the acts of the year eighteen hundred and ninety 
is hereby amended by striking out the words between the 
word " city", in the fourteenth line thereof, and the word 
" and", in the eighteenth line thereof, and inserting in 

b^^^appm?ontci. ^^® place thereof the words : — provided, that said board 
of commissioners may apportion said assessment into ten 
equal parts, one of said parts to be paid within the time 
above provided, and the other parts equally upon the 
successive years, interest to be charged from the time of 
assessment to the time of payment, at a rate not less than 
the rate paid by the city on its sewer bonds. 

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

Approved March 12, 1891. 

Chap. 73 An Act to amend the charter of the widows' society in 

BOSTON. 

Be it enacted, etc., as follows : 

fonlx^esiMTnoi Section 1. The Widows' Society in Boston, a corpo- 

$2.",ooo!^ ration chartered by chapter twenty-nine of the acts of the 

year eighteen hundred and twenty-eight, is hereby 



1891. — Chapters 74, 75. 707 

authorized to hold real and personal property to the 
amount of two hundred and tifty thousand dollars. 

Section 2. The proviso of section one of said chap- Proviso re- 
ter twenty-nine is hereby repealed. ^""^ ^^ ' 

Approved March 12, 1891. 

An Act defining how time shall be reckoned in the laws QJic(i), 74 

RELATING TO ELECTIONS, AND CONCERNING CERTIFICATES OF 
nomination AND NOMINATION PAPERS. 

Be it enacted, etc., as foUoivs : 

Section 1. In reckoning the number of days men- ReckoniDgof 
tioned in all laws of the Commonwealth relating to elec- laws!" ^ '^'^ '°° 
lions, Sundays and holidaj's shall be included : provided, i'loviso. 
however, that if the final day mentioned shall fall on 
Sunday or a holiday, the first day previous to such day 
or days shall be considered the final day if the period of 
time precedes a certain day, act or event, and the first 
day following such day or days shall be considered the 
final day if the period of time follows a certain day, act 
or event. 

Section 2. All certificates of nomination and nomi- Jatle^ofnomu''" 
nation papers which are required by law to be filed with nuiiori and nom- 

, ^ *■ f ^ r^ 11 '11 11 ,■ luiition papers. 

the secretary oi the Commonwealth or with the clerk oi 
any city or town shall be filed in the ofiSce of the secre- 
tary or clerk prior to five o'clock in the afternoon of the 
last day named for the filing thereof. 

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

Approved March 12, 1891. 

An Act making an appropriation for investigations into the CJif/j) 75 

BEST methods OF PROTECTING THE PURITY OF INLAND WATERS. 

Be it enacted, etc. , as follows : 

Section 1. The sum hereinafter mentioned is appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
certain expenses in connection with the protection of the 
purity of inland waters, during the year eighteen hundred 
and ninety-one, to wit : — 

For providing for investigations into the best methods Protection of 

/. • ii 'i £• i !• T If purity of inland 

ot assurmg the purity ot water supplies, disposal 01 sew- waters. 
age, for services of engineers, clerks and other assistants, 
made necessary and authorized by chapter three hundred 
and seventy-fite of the acts of the year eighteen hundred 
and eighty-eight, which requires the state board of health 



708 



1891. — Chaptees 76, 77. 



Additional 
copies of report 
to be printed. 



Repeal. 



One thousand 
extra copies 
of report for 
1890 to be 
printed. 



to have oreneral 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. 

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

Approved March 12, 1891. 

Chap. 7G An Act providing for printing additional copies of the 

REPORT OF THE BOARD OF REGISTRATION IN DENTISTRY. 

Be it enacted, etc., as follows : 

Section 1. There shall be printed annually twenty- 
five hundred copies of the report of the board of registra- 
tion in dentistry. 

Section 2. So much of chapter four hundred and 
forty of the acts of the year eighteen hundred and eighty- 
nine as is inconsistent with this act is hereby repealed. 

Section 3. One thousand extra copies of the report 
of the board of registration in dentistry for the year 
eighteen hundred and ninety shall be printed for the use 
of said board. 

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

Approved March 12, 1891. 

CkCtn. 77 An Act to INCORPORATE THE WEYMOUTH AGRICULTURAL AND 

INDUSTRIAL SOCIETY. 

Be it enacted, etc., as follows: 

Section 1. Benjamin F. Poole of Rockland, and 
Louis A. Cook, John S. Fogg, James Tirrell, Quincy 
L. Reed, H, W. Dyer, J. H. Stetson, James Humphrey 
and Z. L. Bicknell, all of Weymouth, their associates and 
successors, are hereby made a corporation under the name 
of the Weymouth Agricultural and Industrial Society, 
established in the town of Weymouth in the county of 
Norfolk, for the encouragement of agriculture, horticult- 
ure 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 restric- 
tions as set forth in all general laws which now are or 
hereafter may be in force in relation to such corporations. 
Said corporation ma}' hold by purchase, gift, devise or 
otherwise real and personal property to an amount not 
exceeding twenty thousand dollars. 

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

Approved March 12, 1891. 



Weymouth 
Agricultural 
and Industrial 
Society, incor- 
porated. 



1891. — Chapters 78, 79, 80, 81. 709 



An Act providing for a clerk for the police court of QJiQjn^ 78 

CHICOPEE. 

Be it enacted, etc., as follovjs: 

Section 1. There shall be a clerk of the police court fg^^^i.^g^gj*"'^' 
of the city of Chicopee who shall receive an annual salary 
of five hundred dollars from and after the first day of 
April, eighteen hundred and ninety-one. 

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

Approved March 16, 1891. 

An Act to establish the salaries of the county commis- (JJinj) 79 

SIGNERS FOR THE COUNTY OF WORCESTER. 

Be it enacted, etc., as folloivs : 

Section 1. The salaries of the county commissioners salaries. 
for the county of Worcester shall be forty-five hundred 
dollars a year, to be so allowed from the first day of April 
in the year eighteen hundred and ninety-one. 

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

Ap2)roved March 16, 1891. 

An Act to establish the salaries of the county commis- nhnj) grt 

SIONERS FOR THE COUNTY OF NORFOLK. 

Be it enacted, etc., as folloivs : 

Section 1. The salaries of the county commissioners salaries. 
for the county of Norfolk shall be thirty-three hundred 
dollars a year, tabe so allowed from the first day of April 
in the year eighteen hundred and ninety-one. 

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

Approved March 16, 1891. 



Chap. 81 



An Act ceding to the united states jurisdiction over certain 
tracts of land in the town of winthrop. 

Be it enacted, etc., as folloivs : 

Section 1. The consent of this Commonwealth is uniud states 
hereby granted to the United States of America to pur- ™mi /u win-"^ 
chase two tracts of land in the town of Winthrop, as will '^'■"''* 
be described in the [)lans provided for in section three of 
this act, with the buildings thereon purchased or to be 
purchased by the United States, for purposes of national 
defence. 



710 1891. — Chapters 82, 83. 

ce'dld^''^"^" Section 2. Jurisdiction over the said tracts is hereby 

granted and ceded to the United States : provided, always, 
and the cession and consent aforesaid are granted upon the 
express condition that this Commonwealth shall retain a 
concurrent jurisdiction with the United States in and over 
the said tracts of land aforesaid, so far as that all civil 
processes and such criminal processes as may issue under 
the authority of this Commonwealth against any person 
or persons charged with crimes committed without the 
said tracts of land may be executed therein in the same 
way and manner as though this consent and cession had 
not been made and granted. 
pislted^in office SECTION 3. This act sliall be void unless suitable plans 
of thi Common "^ ^^^ premiscs, or such portion or portions thereof as 
wealth. may be purchased by the United States, be deposited in 

the office of the secretary of this Commonwealth within 
one year from the passage of this act. 

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

Approved March 16, 1891. 



Chap. 82 



An Act to incorporate the pentucket savings bank of 

haverhill. 

Be it enacted, etc., as follows: 

Pentucket sav- Section 1. Gcorgc H. Carlctou, George E. Elliott, 

ings Bank, lu- o ^ ' o ' 

corporated. Dcimls T. Kennedy, Augustine Bourneuff, Thomas Leahy, 
Charles W. Morse, W. Monroe Nichols, their associates 
and successors, are hereby made a corporation by the name 
of the Pentucket Savings Bank, with authority to estab- 
lish and maintain a savings bank in the city of Haverhill ; 
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 effect upon its passage. 

Approved March 17, 1891. 

ChaV. 83 ^^ ^^^ ^^ authorize the SALEM BUILDING ASSOCIATION TO ISSUE 

PREFERRED STOCK. 

Be it enacted, etc., as follows: 

ffrredTock!^' Section 1. The Salem Building Association, a cor- 
poration organized under the general laws of the Com- 
monwealth, by a vote of a majority in interest of its 
stockholders present and voting at a meeting duly called 



1891. — Chapter 84. 711 

for the purpose, is hereby authorized, in addition to its 
present capital stools, to issue not exceeding one hundred 
and lifty shares of preferred stock of the par value of one 
hundred dollars each, the holders of which shares shall be 
entitled to receive out of the net receipts of the company, 
dividends at a rate not exceeding six per cent, per annum, 
the same to be paid in semi-annual instalments in such 
sums as the directors of said corporation may determine ; 
and if the receipts of any year shall not be sufficient to 
pay such dividends the same shall be cumulative and pay- 
able out of the receipts of any subsequent year, but 
without interest ; said dividends, accumulations and prin- 
cipal of said preferred stock to take priority over the 
principal of, or dividends on, all other stock of said com- 
pany. 

Section 2. The company shall have the right from payment of 
time to time to pay the principal, dividends and accumu- delXfetc.'^*^" 
lations of said preferred stock : and the board of direc- 
tors are hereby authorized, before the issue of said 
preferred stock, to authorize, by by-law or otherwise, 
what shares of said stock shall be paid ; and after notice 
mailed to the address of the stockholders as they shall 
appear on the books of the company all further dividends 
and accumulations on said shares to be paid shall cease. 
All preferred stock paid shall be immediately cancelled 
by said company. 

Section 3. Owners of said preferred stock shall have Rights of voting 
all the rights of voting and transfer which are or may be «°'» "-^"^fer. 
enjoyed by the owners of the common stock of said cor- 
poration ; and said preferred stock shall be counted with 
the common stock in all questions of majorities and 
quorums. 

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

Approved March 17, 1891. 

An Act to amend section twenty-one of chapter eighty-six (JJku)^ g^. 

OF THE PUBLIC STATUTES, RELATING TO THE STATE ALMSHOUSE 
AND STATE PAUPERS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter eighty-six Amendment to 
of the Public Statutes is hereby amended so as to read as ' " ' " ' 
follows : — Section 21. The superintendent shall receive suporiutendent 
all paupers sent with a proper certificate from one of the ^^xT^^tZwa. 
overseers of the poor of any city or town or from one of "^^^^^ ''*"'"^' 



712 1891. — Chapters 85, 86. 

the commissioners of public institutions in the city of 
Boston, or from some one duly authorized by vote of the 
board of overseers of the poor of any city or town or of 
the board of commissioners of public institutions in Bos- 
ton, and provide for them under the rules and regulations 
herein provided. 

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

Approved March 17^ 1891. 

Olinrt 85 ^'^ ^^^ ^^ CHANGE THE NAME OF THE MERRIMACK VALLEY HORSE 
"' RAILROAD COMPANY. 

Be it enacted, etc., as follows : 

Nameriianged Section 1. The uamc of the Mcrrimack Valley Horsc 

mack Valley Kailroad Company, a corporation duly established under 

coralj'any!"'^''^ the laws of the Commonwealth under chapter two hundred 

and seven of the acts of the year eighteen hundred and 

sixty-three, is hereby changed to the Merrimack Valley 

Street Railway Company. 

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

Approved March 17, 1891. 

CJiaV 86 -^^ ^^^ ^^^ "^^^ CONSOLIDATION OF THE SPRINGFIELD YOUNG 
men's CHRISTIAN ASSOCIATION AND THE ARMORY HILL YOUNG 
men's CHRISTIAN ASSOCIATION OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Consolidation Section 1. The Springfield Young Men's Christian 
Association and The Armory Hill Young Men's Christian 
Association of Springfield, Massachusetts, both incorpo- 
rated under chapter one hundred and fifteen of the Public 
Statutes, are authorized to unite and consolidate ; and all 
the powers, privileges, rights, franchises, property claims 
and demands which at the time of the consolidation shall 
belong to either corporation shall be united under the 
name and chftrter of the said The Springfield Young Men's 
Christian Association, which after the union shall be sub- 
ject to all the duties, restrictions, obligations, debts and 
liabilities to which The Armory Hill Young Men's Chris- 
tian Association of Springfield, Massachusetts, was subject 
before the union ; and all bequests and devises to the 
latter corporation not already vested in interest or posses- 
sion shall be construed to be for the benefit of The Spring- 
field Young Men's Christian Association. 

Acceptance of SECTION 2. The Said Corporations may accept the pro- 
visions of this act within one year from its passage, and 
upon presentation of proper evidence of such acceptance 



authorized. 



act. 



1891. — Chapters 87, 88. 713 

to the commissioner of corporations he shall issue his 
certificate that such union is effected ; and such union 
shall take place on the day of the date of said certificate. 

Section 3. The first meeting of the consolidated cor- First meeting of 
poratiou shall be held on the second Friday after the date '^°^p°^^^°^>^^- 
of said certificate, at a place and time to be fixed by both 
corporations at the meeting at which this act is accepted. 
At such first meeting a new constitution and by-laws may 
be adopted and a new board of officers elected. The con- 
stitution may provide for voting by proxy and for the cast- 
ing of written ballots by members of the corporation not 
present at 'its meetings, and for a tenure of office of more 
than one year. Aj^proved March 17, 1891. 

An Act relating to the fees of clerks of the supreme /^^^^-j 07 
judicial and superior courts. ^ 

Be it enacted, etc., as follotus : 

Section 1. There shall be paid to the clerk upon the payment of fees 
entry of every suit, action, libel for divorce or petition in judiilTamiTu- 
the supreme judicial and superior courts, and upon the penor courts. 
filing of a petition to the county commissioners, in the 
several counties, the sum of three dollars, to be in lieu of 
entry, clerk's term fees, the fee for taxing costs and issu- 
ing subpoena, injunction and execution, or any order of 
notice or other mesne, final or interlocutory order, rule, 
decree or process whatsoever therein authorized by law, 
except the fee for alias or renewed executions which 
shall be as the statute now provides ; and no suit, action, 
libel for divorce or petition shall be entered or filed by 
the clerk until said fee is paid. The fee of said clerks 
for the entry of an indictment or complaint in a criminal 
case shall be three dollars, which shall be in lieu of the 
entry and all other clerk's fees authorized by law. 

Section 2. Section three of chapter two hundred and ^^fj'f^ ^^^mo 
fifty-seven of the acts of the year eighteen hundred and JJeo! 
eighty-eight, and chapter three hundred and sixty of the 
acts of the year eighteen hundred and ninety are hereby 
repealed. Approved March 17, 1891. 

An Act to amend an act relating to the election of mem- ni^ffy^ QQ 

BER8 OF THE COMMON COUNCIL FROM WARDS TWENTY-TWO AND ^ 

TWENTY-FIVE IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter one hundred and ^"mt^Ti-*" 
seventy-five of the acts of the year eighteen hundred and 



714 1891. — Chapters 89, 90. 

eighty-eight is hereby amended by striking out the word 

"two", in the fourth line thereof, and inserting in place 

thereof the word: — three, — so that said section shall 

Members of the read as follovvs : — Section 1. At the next municipal 

common council i i- • ii '^ /■ i-> ^ i j i • • i i 

from wards 22 eloction lu tuc City ot bostou and at each municipal elec- 
and23. ^JQj^ thereafter the qualitied voters of each of the wards 

numbered twenty-two and twenty-five shall give in their 
votes for three able and discreet men, qualified voters in 
the ward, to be members of the common council for the 
ensuing year. The election of said oQicers shall be con- 
ducted and records thereof kept in the manner provided 
for the other wards of said city, and the members of the 
common council now elected from said wards shall con- 
tinue to hold their office until the expiration of the present 
municipal year, according to the laws in force at the time 
of their election. 

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

Approved March 17^ 1891. 

GllCLV. 89 ^^ ^^^ "^^ PROVIDE CLERICAL ASSISTANCE FOR THE JUSTICES OP 

THE SUPREME JUDICIAL COURT. 

Be it enacted, etc., as follows : 
Allowance for SECTION 1, The iusticcs of the suprcme judicial court 

clerical assist- iiii n i ■,. ni ii 

ance. Shall DC allowcd a sum not exceeding twenty-nve hundred 

dollars per annum for such clerical assistance as they may 
deem necessary to the discharge of their duties, to be paid 
from the treasury of the Commonwealth on the certificate 
of the chief justice of said court. 

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

Approved March 17, 1891. 

GhciV. 90 ^^ ^^"^ "^^ AMEND CHAPTER EIGHTY-FOUR OF THE PUBLIC STATUTES 
RELATING TO THE SUPPORT OF PAUPERS BY CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

pT'sITis'^ Section 1. Section eighteen of chapter eighty-four of 
the Public Statutes, relating to the support of paupers by 
cities and towns, is hereby amended by inserting after the 
word "time", in the fifth line, the words: — between 
May first and November first, or for a longer period than 
eight weeks at one time for cases notified between Novem- 
ber first and May first, — so that said section shall read 
Temporary aid ^8 follows : — S^ctioH 18. A city or town may furnish 
to state paupers, teniporary aid to poor persons found therein, having no 
lawful settlements within the state, if the overseers deem 



1891. — Chapter 91. 715 

it for the public interest ; but, except in cases of sickness, Periods when 
not for a longer period than four weeks at one time firnTshldf 
between May first and November first, or for a longer 
period than eight weeks at one time for cases notified 
between November first and May first, or to a greater 
amount than one doHar a week for each person, or five 
dollars a week for each family ; and the overseers shall in 
every such case give immediate notice by mail to the state 
board of kmacy and charity, which board shall examine 
the case and direct as to the continuance of such aid, or 
removal to the state almshouse, or to some })liice out of 
the state, either before or after removal to the state alms- 
house, according to law. A detailed statement of expenses 
so incurred shall be rendered, and after approval by the 
state board such expenses shall be paid from the state 
treasury. 

Section 2. Section twenty-nine of said chapter is Amendment to 
hereby amended by striking out the words " two months ", 
in the second and third lines, and inserting in place thereof 
the words : — one month, — so that said section shall read 
as follows : — Section 29. If such removal is not eifected of removal to^^ 
by the last mentioned overseers within one month after place of settie- 
receiving the notice, they shall within said one month send 
to one or more of the overseers requesting such removal a 
written answer, signed by one or more of them, stating 
therein their objections to the removal ; and if they fail so 
to do, the overseers who requested the removal may cause 
the pauper to be removed to the place of his supposed 
settlement, by a written order directed to any person 
therein designated, who may execute the same ; and the 
overseers of the place to which the pauper is so sent shall 
receive and provide for him ; and such place shall be 
liable for the expenses of his support and removal, to be 
recovered in an action by the place incurring the same, 
and shall be barred from contesting the question of settle- 
ment with the plaintitFs in such action. 

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

Approved March 17, 1891. 

An Act to establish the salary of the assistant reqistek of fifj^iYi 91 

PROBATE AND INSOLVENCY FOR THE COUNTY OF SUFFOLK. ^ 

Be it enacted, etc., as follows: 

Section 1. The salary of the assistant register of pro- salary estab- 
bate and insolvency for the county of Suffolk shall be ^'^^'"^' 



716 1891. — Chapters 92, 93, 94. 

twenty-eight hundred dollars a year, beginning with the 
first day of April, eighteen hundred and ninety-one. 
Section 2. This act shall take efi'ect upon its passage. 

Approved March 17, 1S91. 

(J hap. 92 -A^N Act to establish the salary of the assistant clerk of 

COURTS FOR the COUNTY OF WORCESTER. 

Be it enacted, etc., as follows: 

fisiTed. '^*'^^' The salary of the assistant clerk of courts for the 

county of Worcester shall be twenty-three hundred dollars 
a year from the first day of April in the year eighteen 
hundred and ninety-one. Approved March 17, 1891. 

(Jlldp. 93 ^'^ ^^^ TO AUTHORIZE THE CITY OF BOSTON TO ANTICIPATE ITS 
AUTHORITY TO BORROW MONEY WITHIN ITS DEBT LIMIT FOR ANY 
CURRENT MUNICIPAL YEAR. 

Be it enacted, etc. , as folloivs : 
Power to bor- Section 1. The commissiouers of sinkins^ funds of 

row money i./.-r» -ii it 

within the debt the City 01 BostoH, together with the treasurer and audi- 
tmcate'oTcom- tor of Said city, shall before the first day of April in each 
year certify to the city council their estimate of the 
amount which said city will be able to borrow during the 
current municipal year Avithin the debt limit established 
by law ; and said city is hereby authorized to borrow 
such estimated amount, or any portion thereof, at any 
time or times during such current municipal year. 

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

Approved March 18, 1891. 



miSBioners. 



(Jhcin. 94 ^'^ Act to extend the time for the election of assessors 

AND AN ASSISTANT ASSESSOR OF THE CITY OF MARLBOROUGH. 

Be it enacted, etc., as folloivs: 

Jo^e\e^tn%^ SECTION 1. The time for the election of three assess- 
assessors. ors and one assistant assessor of the city of Marlborough, 

first to be elected after the acceptance of chapter three 
hundred and twenty of the acts of the year eighteen hun- 
dred and ninety, as provided by section twenty-four of 
said chapter, is hereby extended so that the city council 
may in the months of March or April of the current 3^ear 
choose, in the manner provided by said section, three 
persons to be assessors of taxes, and one person from 
ward six to be an assistant assessor, whose terms of oflSce 



1891. — Chaptek 95. 717 

respectively shall expire at the times provided by said 
section. 

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

Approved March 19, 1891. 

An Act to supply the town of Manchester with water. (JJimj. 95 
Be it enacted, etc., as follows: 

Section 1. The town of Manchester may supply Manchestermay 
itself and its inhabitants with water for the extinguish- ^th water'/ 
ment of fires and for domestic and other purposes ; may 
establish fountains and hydrants, relocate or discontinue 
the same ; may regulate the use of such water and fix and 
collect rates to be paid for the use of the same. 

Section 2. The said town, for the purposes aforesaid, Wafers of siw 
may take by purchase or otherwise and hold the waters Miii brook, etc. 
of Saw Mill brook or the waters of any other brook, or 
any springs, artesian or driven wells or filter galleries 
within the limits of said town of Manchester, and the 
water rights and water sources connected therewith ; and 
also all lands, rights of way and easements necessary for 
holding and preserving such water and for conveying the 
same to any part of said town of Manchester ; and may May erect dams 
erect on the land thus taken or held proper dams, build- 
ings, fixtures and other structures, and may make excava- 
tions, procure and operate machinery and provide such 
other means and appliances as may be necessary for the 
establishment and maintenance of complete and effective 
water works ; and may construct and lay down conduits, 
pipes and other works under or over any lands, water- 
courses, railroads or public or private ways, and along 
any such way in such manner as not unnecessarily to 
obstruct the same; and for the purpose of constructing, May dig up 

. . , . . 1 T •. • 1 J.1 lands and ways. 

maintammg and repairmg such conduits, pipes and otlier 
works and for all proper purposes of this act, said town 
may dig up any such lands, and, under the direction of 
the board of selectmen of the town in which any such 
ways are 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 town shall within sixty days after a description of 
the taking of any lands, rights of way, water rights, tobeiiiedin 
water sources or easements as aforesaid, otherwise than d'ledisf'*"^"^ 
by purchase, file and cause to be recorded in the registry 



718 



1891. — Chapter 95. 



Payment of 
damages. 



Application for 
damages not to 
be made until 
water is actually 
diverted. 



Manchester 
Water Loan not 
to exceed 
$150,000. 



Sinking fnnd to 
be established. 



of deeds for the county and district within which such 
lands or other property is situated, a description thereof 
sufficiently accurate for identification, with a statement of 
the purpose for which the same were taken, signed by the 
water commissioners hereinafter provided for. 

Section 4. The said town shall pay all damages sus- 
tained by any person or corporation in property by the 
taking of any land, right of way, water, water source, 
water right or easement, or any other thing done by said 
town under the authority of this act. Any person or 
corporation entitled to damages as aforesaid under this 
act, who fails to agree with said town as to the amount of 
damages sustained, ma}' have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, by making applica- 
tion at any time within the period of three years from the 
taking of such land or other property or the doing of any 
other injury under the authority of this act ; but no 
application shall be made after the expiration of said 
three years. No application for assessment of damages 
shall be made for the taking of any water, water right, or 
any injury thereto, until the water is actually withdrawn 
or diverted by said town under the authority of this act. 

Section 5, The said town may, for the purpose of 
paying the necessary expenses and liabilities incurred 
under the provisions of this act, issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate one hundred and fifty thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words, 
Manchester Water Loan ; shall be payable at the expira- 
tion of periods not exceeding thirty years from the date 
of issue ; shall bear interest payable semi-annually at a 
rate not exceeding six per centum per annum, and shall 
be signed by the treasurer of the town and be counter- 
signed by the water commissioners hereinafter provided 
for. The said town may sell such securities at public or 
private sale, or pledge the same for money borrowed for 
the purpose of this act and upon such terms and condi- 
tions as it may deem proper. The said town shall pay 
the interest on said loan as it accrues and 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 



1891. — Chapter 95. 719 

sinking fund shall remain inviolate and pledged to the 
payment of said loan and shall be used for no other 
purpose. 

Section 6. The said town instead of establishing a May provide for 

• ^ • r 1 1 J^ 1 ' c ii*' 'ii payment in an- 

sinkmg fund may, at the time ot authorizing said loan, nuai proportion- 
provide for the payment thereof in such annual propor- '^^^ P'^y'^ents. 
tionate paj^ments as will extinguish the same within the 
time prescribed in this act ; and when such vote has been 
passed the amount required thereby shall without further 
vote be assessed by the assessors of said town in each year 
thereafter, until the debt incurred by said town shall be 
extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 7. The return required by section ninety-one Return to state 

, -_ -\. ,, / 1 11 i i ii amount of sink- 

of chapter eleven ot the Tubnc Statutes shall state the ing fund, etc., 
amount of any sinking fund established under this act, 
and if none is estal)lished whether action has been taken 
in accordance with the provisions of section six of this 
act, and shall also state the amounts raised and applied 
thereunder for the current year. 

Section 8. The said town shall raise annually by To raise by tax- 

, . I'l'i.i- 1 • ^ r il ation sufficient, 

taxation a sum which with the income derived trom tue with income 
water rates will be sufficient to pay the current annual j-atesjopay 
expenses of operating its water works and the interest as p"„^e°^gfj. 
it accrues on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contributions to the 
sinking fund and payments on the principal as may be 
required under the provisions of this act. 

Section 9. Whoever wilfully or wantonly corrupts, Penalty for wii- 

11 T f .\ A^ ^ 1111 fully polluting 

pollutes or diverts any or the waters taken or neicl under or diverting 
this act, or injures any structure, work or other property ''"''''''• 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed therefor, 
to be recovered in an action of tort ; and upon conviction 
of either of the above wilful or wanton acts shall be pun- 
ished by a fine not exceeding three hundred dollars or by 
imprisonment not exceeding one year. 

Section 10. The said town shall, after the acceptance water commis- 
of this act, at a legal meeting called for the purpose, elect elected." 
by ballot three persons to hold office, one until the expira- 
tion of three years, one until the expiration of two years 
and one until the expiration of one year from the next 



720 



1891. — Chapters 96, 97. 



Authority of 
water comrais 
sioners. 



Vacancies. 



Subject to ac- 
ceptance by a 
twothirda vote. 



succeeding annual town-meeting, to constitute a board of 
water commissioners ; and at each annual town-meeting 
thereafter one such commissioner shall be elected by ballot 
for the term of three years. All the authority granted to 
the town by this act and not otherwise specially provided 
for shall be vested in said board of water commissioners, 
who shall be subject however to such instructions, rules 
and regulations as said town may impose by its vote ; the 
said commissioners shall be trustees of the sinking fund 
herein provided for and a majority of said commissioners 
shall constitute a quorum for the transaction of business 
relative both to the water works and to the sinking fund. 
Any vacancy occurring in said board from any cause may 
be filled for the remainder of the unexpired term by said 
town at any legal town-meeting called for the purpose. 

Section 11. This act shall take effect upon its accept- 
ance by a two-thirds vote of the voters of said town 
present and voting thereon at a legal town-meeting called 
for the purpose within three years from its passage ; but 
the number of meetings so called in any year shall not 
exceed two. Ai^proved March 20, 1891. 



ChdlJ. 96 "^'^ ^^"^ "^^ CHANGE THE NAME OF THE NEW ENGLAND SOCIETY FOB 

THE SUPPRESSION OF VICE. 



Name ohan 
to The iVev 
England W 
and Ward 
Society. 



ged 



Be it enacted., etc., as folloivs: 

Section 1. The corporation organized under the gen- 
atch eral laws of this Commonwealth on the eleventh day of 
October in the year eighteen hundred and eighty-four as 
The New England Society for the Suppression of Vice, 
shall hereafter be known as The New England Watch and 
Ward Society, and all its corporate rights and property 
and all gifts, devises, bequests and conveyances to it by 
either name shall vest in The New England Watch and 
Ward Society. 

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

Approved March 20., 1891. 



Ghan. 97 An act relating to the apportionment OF SEWER ASSESSMENTS 

IN CITIES. 

Be it enacted, etc., as folloivs: 
Apportionment SECTION 1. In citlcs whicli bv votc of the city couucil 

or Bewer assess- . ^ -^ ^ ^ ^ j j 

ments in cities, acccpt the provisious of this act, if the owner of real estate 
therein within sixty days after notice of a sewer assess- 



1891. — Chapters 98, 99. 721 

ment thereon, notifies in writing the board making such 
assessment to apportion the same, said board shall appor- 
tion it into such number of equal parts, not exceeding ten, 
as said owner shall in said notice state, and certify such 
apportionment to the assessors ; and the assessors shall 
add one of said parts with interest to the annual tax of said 
real estate for each year next ensuing until all said parts 
have been so added. . All liens for the collection of such Liens to con- 

• 1 1 • • c A. tinue for two 

assessments shall contmue until the expn*ation oi two years. 
years f%»m the time when the last instalment is committed 
to the collector, and interest shall be added to all such 
assessments until they are paid : provided, that nothing Proviso. 
herein contained shall be construed to prevent the pay- 
ment at any time in one payment of any balance of said 
assessments then remaining unpaid, notwithstanding a 
prior apportionment. 

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

Ax>proved March 20, 1891. 



An Act to incorporate the mechanics' savings bank of reading. CJJ^nj), 98 
Be it enacted, etc., as folloivs: 

Section 1. Lewis M. Bancroft, Jason W. Richardson, Mechanics* sav- 
William A. Lang, Walter S. Parker, Rufus C. Eames, corporated'" 
Merrick A. Stone, Edgar N. Hunt, their associates and 
successors, are hereby made a corporation by the name of 
the Mechanics' Savings Bank, with authority to establish 
and maintain a savings bank in the town of Reading ; 
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 savinjjs banks and institutions for savino^s. 

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

Approved March 20, 1891. 



An Act relating to the payment of teachers in the poblic 

SCHOOLS. 

Be it enacted, etc., as folloivs : 

Section 1. Section fifteen of chapter forty-six of the Amendment to 
Public Statutes is hereby amended by inserting after the • • ''• ^ 
word "services", in the fourth line of said section, the 
words : — for the two weeks preceding the close of any sin- 
gle term, — so as to read as follows : — Section 15. The schoolteachers 
several school teachers shall faithfully keep the registers registers, etc. 



Chaj). 99 



722 1891. — Chapters 100, 101, 102, 103. 

nndTr^penaUy™ fumished to them and make due return thereof to the school 
committee or to such person as they may designate, and 
no teacher shall be entitled to receive payment for services 
for the two weeks preceding the close of any single term 
until the register properly filled up and completed is so 
returned. 

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

Approved March 20, 1891. 

Ch(Xp.\00 -^N Act to dissolve the revere co-operative bAk. 

Be it enacted, etc., as folloivs : 

Sd^^""" '''^' Section 1. The Kevere Co-operative Bank is hereby 
dissolved, subject to the provisions of sections forty-one 
and forty-two of chapter one hundred and five of the Pub- 
lic Statutes. 

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

xipproved March 20, 1S91. 

Chctp.lOlL An Act to dissolve the Canadian co-operative bank in the 

CITY OF LOWELL. 

Be it enacted, etc. , as folloivs : 
^«^°';^"on dis- Section 1. The Canadian Co-operative Bank in the 
city of Lowell is hereby dissolved, subject to the provisions 
of sections forty-one and forty-two of chapter one hundred 
and five of the Public Statutes. 

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

Approved March 20, 1891. 

Chap.liO^ An Act to dissolve the shawme savings bank in the town 

OF SANDWICH. 

Be it enacted, etc., as follows : 

foTved?'''°° *^''" Section 1. The Shawme Savings Bank in the town of 
Sandwich is hereby dissolved, subject to the provisions of 
sections forty-one and forty-two of chapter one hundred 
and five of the Public Statutes. 

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

Approved March 20, 1891. 

C%f/».103 An Act to change the name of the home for aged women 

IN WALTHAM. » 

Be it enacted, etc., as folloivs : 
Name changed Section 1 . The uamc of the Home for Ao;cd Women 

to The Leland . ^-_ , , . , t i i j i • 

Home for Aged in VV altham, a corporation chartered by chapter thirty- 
Women. 



1891. — Chapters 104, 105. 723 

four of the acts of the year eighteen hundred and seventy- 
nine, is hereby changed to The Leiand Home for Aged 
Women. 

Section 2. All devises, bequests, conveyances and i^evises, be- 

' f 1 f 1 /•! •! •! quests, etc. 

gilts heretotore or hereaiter made to said corporation by 
either of said names shall vest in The Leiand Home for 
Aged Women. 

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

Approved March 20, 1891. 



ChapA04: 



An Act to incorporate the wachusett club of haverhill. 

Be it enacted, etc., as follows: 

Section 1. Frank G. Cummings, John H. Thomas, wachusett 
Wilton H. Carleton, Charles H. Laubham, Charles B. ratld.^"'^"'^^" 
AVright, Nathaniel C. How, Dennis T. Kennedy, Benja- 
minV. Brickett, William H. Moody, J. Otis Wardwell, 
John W. Tilton, Eben J. Wildes, Henry LeBosquet, 
Kinsley Brown, their associates and successors, are 
hereby made a corporation by the name of the Wachusett 
Club, for the purpose of maintaining a club house and 
reading room in the city of Haverhill ; with the powers 
and privileges and subject to the duties, liabilities and 
restrictions set forth in all general laws which now are or 
may hereafter be in force applicable to such corporations. 

Section 2. Said corporation for the purpose aforesaid eon'^iiTstate^not 
may hold real and personal estate to an amount not to exceed 
exceeding twenty-five thousand dollars, and shall have 
the right to mortgage its property to secure any indebt- 
edness incurred in acquiring the same. 

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

Ax)proved March 20, 1891. 



$25,000. 



Chap.105 



An Act to authorize the Caledonian club in the city of 

BOSTON to hold ADDITIONAL REAL AND PERSONAL ESTATE. 

Beit enacted, etc., as folloivs : 

Section 1. The Caledonian Club in the city of Bos- Rcaiandper- 
ton, a corporation established by chapter seventy-nine of to exceed**'""" 
the acts of the year eighteen hundred and sixty-nine, may $100,000. 
for the purposes of its incorporation hold real and per- 
sonal estate to an amount not exceeding one hundred 
thousand dollars. 

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

Approved March 20, 1891. 



724 1891. — Chapters 106, 107, 108, 109. 

ChaV 106 ^^ -^^'^ "^^ AUTHORIZE THE BOSTON TOW BOAT COMPANY TO 

INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows: 

May increase SECTION 1. The Boston Tow Boat Company, a corpo- 

capita stoc-. j,^^JQj-, established by chapter twenty-seven of the acts of 

the year eighteen hundred and seventy-three, is hereby 

authorized to increase its capital stock to an amount not 

exceeding one million live hundred thousand dollars. 

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

Ajjproved March 20, 1891. 

Ch(lV.^07 ^^ ■'^^'^ '^^ ESTABLISH THE SALARY OF THE CLERK OF THE SEC- 
OND DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc. , as follows : 

Salary estab- Section 1. Thc Salary of the clerk of the second dis- 

trict court of eastern Aiiddlesex shall be nine hundred 
dollars a year beginning with the first day of April in the 
year eighteen hundred and ninety-one. 

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

Approved March 23, 1891. 



Chap.lOS 



An Act to establish the salary of the justice of the sec- 
ond DISTRICT court OF BRISTOL. 

Be it enacted, etc., as folio ivs : 

Salary esub- The anuual salary of the justice of the second district 

court of Bristol shall be three thousand dollars from the 
first day of April in the year eighteen hundred and ninety- 
one. 

\_The forerioing icas laid before the Governor on the seventeenth 
day of March, 1891, and after five days it had the ^'- force of a 
law,'" as jyrescribed by the Constitution, as it zoas not returned by 
him with his objections within that ii??ie.] 

C7A«X>.109 ^^ ^^"^ "^^ INCORPORATE THE WINTHROF LOAN AND TRUST COM- 
PANY. 

Be it enacted, etc., as follows : 

Md"'iwco^ Section 1. Albert H. Davenport, Albert A. Pope, 
pany, incorpo- Alouzo H, Evaus, Samucl R. Payson, Elisha S. Converse, 
'■'""'*• Wilmot R. Evans, James H. Eaton and William T. Hart, 

their associates and successors, are hereby made a corpora- 
tion by the name of the Winthrop Loan and Trust Com- 
pany, with authority to estal)lish and maintain a safe 
deposit, loan and trust company in the city of Boston ; 



1891. — Chapters 110, 111. 725 

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 eifect upon its passage. 

\_The foregoing teas laid before the Governor on the seventeenth 
day of March, 1891, and after fice days it had the ^'- force of a 
laiv," as prescribed by the Constitution, as it was not returned by 
Mm tvith his objections v-ithin that time.~\ 

An Act to incorporate the haverhill safe deposit and QJ^^fj^ HO 

TRUST company IN THE CITY OF HAVERHILL. 

Be it enacted, etc. , as foliates : 

Section 1. Charles W. ^Nlorse, James H. Carleton, Haverhiii safe 
Charles E. Wiggin, Martin Taylor, Thomas E. Burnham, TrusTcompany, 
their associates and successors, are hereby made a corpo- "icoipoiated. 
ration by the name of the Haverhill Safe Deposit and 
Trust Company, to be located in the city of Haverhill, 
with authority to establish and maintain a safe deposit and 
trust company ; with all the powers and privileges and 
subject to all the duties, liabilities and restrictions f-et 
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. 

\_The foregoing was laid before the Governor on the seventeenth 
day of March, 1891, and after five days it had the '•'■force of a 
law," as prescribed by the Constitution, as it was not returned by 
him with his objections loithin that time.'] 



Chap.ni 



An Act to authorize the city of lynn to make an addi- 
tional WATER loan. 

Be it enacted, etc., as follov-s : 

Section 1. The city of Lynn, for the purpose of util- cuyofLynn 

.... , /> J t • c niiiv make an 

izmg its present sources ot water supply, may raise irom aciauiouai water 



time to time a sum of money not exceeding one hundred 
and fifty thousand dollars in addition to the amount here- 
tofore authorized by law ; and for this purpose may issue 
from time to time bonds, notes or scrip not exceeding said 
amount. Said bonds, notes or scrip shall bear on their 
face the words City of Lynn Water Loan, Act of 1891, 
shall be payable at the expiration of periods not exceed- 
ing thirty years from the elate of issue, shall bear interest 
payal)le semi-annually at a rate not exceeding six per 
centum per annum and shall be signed by the mayor and 



loan. 



726 1891. — Chapter 112. 

treasurer of said city. The said city may sell such securi- 
ties 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 : 
Securiiies not provided, that such securities shall not be sold or pledged 
P*iec4ed atTess at Icss than the par value thereof. The said city shall at 
thaupar value. ^,^^ ^j^^^^ of Contracting said loan provide for the establish- 
Sinking fund, mcut of a siukiug fuud, and shall annually contribute a 
sum sufficient with the accumulations thereof to pay the 
[)rincipal of said loan at maturity. The said sinking fund 
shall remain inviolate and pledged to the payment of said 
loan and shall be used for no other purpose ; and the said 
city shall raise annually by taxation a sum sufficient to pay 
the interest as it accrues on said bonds, notes or scrip. 
Section 2. This act shall take effect upon its passage. 

Approved March 26, 1891. 

Gh(n).W2i ^^ ^^^ ^^ AUTHORIZE THE TOWN OF ARLINGTON TO ISSUE SCRIP 
OK BONDS FOR THE PAYMENT OK RE-FUNDING OF ITS WATER 
DKBT. 

Be it enacted, etc., as follows : 
Town of Ailing. Sectiox 1. Tlic towu of Arliuo-ton, for the purpose 

ton may issue . ,,.,.. • i i 

bonds, etc., for 01 payuig and re-iuuduig its Water scrip or bonds matur- 
of water 'debt! lug iu Jauuary in the year eighteen hundred and ninety- 
two, is hereby authorized to issue scrip or bonds to the 
amount of two hundred and seventeen thousand dollars, 
to ])e denoftiinated on the face thereof Arlington Water 
Loan, bearing interest at a rate not exceeding six per 
centum per annum, payable semi-annually, the principal 
to be payable at periods of not more than thirty years 
from the issuing of such scrip or bonds respectively. Said 
town is authorized to sell said scrip or bonds, or any part 
thereof, at public or private sale, provided the same shall 
nut be sold for less than the par value thereof. 
Ktabiiehed.° SECTION 2. The surplus of the net income derived 
from the water works of said town after payment of the 
semi-annual interest upon said scrip or 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 a^^pro- 
priated from time to time by said town for the payment 
of the principal sum of said scrip or bonds, shall be set 
apart as a sinking fund, which with the accumulated 
interest upon the same shall be devoted to the payment 



1891. — Chapters 113, 114. 727 

at maturity of the scrip and bonds heretofore issued by 
said town and which may be issued by said town under the 
provisions of this act. Said town is authorized to appro- Town may 

. , -, 1 • ii • assess yearly 

priate and assess yearly, in the same manner as money is sufficient to pay 
appropriated and assessed for other town purposes, a sum b^ndsfete. 
sufficient to pay the interest on said scrip or 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 pay- 
ment of the scrip and bonds hereby authorized, at maturity 
with accumulated interest, shall be insufficient to meet the 
requirements of law as to said sinking fund, said town 
shall raise by taxation annually such sura in addition to 
said net income and accumulated interest as with its 
accumulations will be sufficient to meet said requirements. 
Said sinking fund shall be used for no other purpose than 
the payment and redemption of said debt. 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 3. This act shall take effect upon its passage. 

Approved March 26, 1891. 

An Act to provide for the appointment of an assistant dis- QJiap.W^ 

TRICT attorney FOR THE SOUTH-EASTERN DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The district attorney for the south-eastern Assistant dis- 
district may appoint an assistant district attorney, who maybeap"''^ 
shall under his direction assist him in the performance of p"'"*^"^- 
his duties, shall be removable at his pleasure, and shall 
receive a salary of eight hundred dollars a year and at that 
rate for any part of a year, to be paid equally out of the 
treasury of each of the counties of Norfolk and Plymouth. 

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

Approved March 26, 1891. 

An Act authorizing the city of fall river to take land for (JJi(ij)JX1^ 
the better protection of its water supply. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall Eiver may, for the pur- May take land 
pose of providing a reservoir and storage basin for the said tectio^n of wTt'er 
city and preserving the purity of the waters to be held in the ^"PP'y- 
North Watuppa pond and distributed therefrom, and pro- 



728 1891. — Chapter 114. 

tecting and improving the shores and vicinity thereof, and 
providing a public parkway on the shores of said pond, 
at any time within live years after the passage of this act 
take and hold by purchase or otherwise any part of the 
lands and buildings thereon in the city of Fall River and 
town of Westport which lie within five hundred yards 
from the line of high water mark on the shores of said 
Proviso. pond : pi^ovided, however, that where promontories or 

points of land project into said pond said limit of five 
hundred yards shall be taken to extend back from a line 
drawn across the necks or bases of such promontories or 
points of land. And said city shall have authority to 
take any land now used as a highway in the town of 
Westport and lying within said limits ; and in case of such 
taking said city shall relocate, build and maintain suitable 
and convenient ways in place thereof for the use of the 
public. 
itnliTeS'taken Section 2. Said city shall within sixty days after 
to be filed in the taking any lands or buildings as herein provided, other- 

rcffistrv 01 • 

deeds, and to be wise than by purchase, for the purposes of this act file 
newspaper"'^ and causc to be recorded in the registry of deeds for the 
county and district in which said land and buildings are 
situated a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken, which description and statement 
shall be signed by the mayor ; and said city shall also 
cause a copy of such description and statement to be pub- 
lished three weeks successively in some newspaper printed 
in said Fall River and to be sent by mail to the last known 
address of the owner of record of the land so taken. 
mtfbSde to Section 3. So long as North Watuppa pond shall be 
of water ^""'^ used by the city of Fall River for a reservoir, storage 
basin and water supply, or until otherwise provided by 
statute, the Commonwealth grants to said city the right 
to make such regulations concerning the use of the water 
in said pond as may be required to preserve the purity 
thereof and otherwise to carry out the provisions of this 
act. Said grant of power shall control the use of the 
waters in said pond, to take effect whenever said city 
shall become the owner of all land abutting on said pond. 
dam^gTs!*"'" Section 4. Said city shall be liable to pay all dam- 

ages sustained in property by any person or corporation 
by reason of the taking of any land, right or easement 
under the authority of this act. If any one sustaining 



1891. — Chapter 114. 729 

damage as aforesaid does not agree with said city upon 
the amount of said damage he may, within two years from 
the filing of the description and statement mentioned in 
section two, apply by petition for an assessment of dam- 
age to the superior court in the county of Bristol, and 
upon the filing of such petition the clerk of said court 
shall issue a summons to said city returnable at the next 
return day after the expiration of thirty days from the 
filing of the petition. The summons shall be served four- 
teen days at least before the day on which it is returnable, 
by leaving a copy thereof and of the petition certified by 
the officer who served the same with the clerk of said 
city ; and the court shall after notice and hearing appoint 
three disinterested persons who shall after reasonable 
notice and hearing assess the damages, if any, which such 
petitioner may have sustained as aforesaid, and the award 
of the persons so appointed, or a major part of them, 
being returned into and accepted by the court shall be 
final, and judgment shall be rendered and execution issued 
thereon for the prevailing party, with costs, unless one of . 
the parties claims a trial by jury as hereinafter- provided. 

Section 5. If either" of the parties mentioned in the Parties dissau 
preceding section is dissatisfied with the amount of dam- award may 

TT.i- ' T 1 r 1 J. i claim a trial la 

ages awarded as therein provided tor, such party may, at court. 
the sitting of the court at which said award was accepted 
or the next sitting thereafter, claim in writing a trial in 
said court, and thereupon all questions of fact relating to 
such damages shall be heard and determined and the 
amount of damages assessed by a jury at the bar of said 
court, and the verdict of the jury being accepted and 
recorded by the court shall be final and conclusive and 
judgment shall be rendered and execution issued thereon, 
and costs shall be recovered by the parties respectively 
in the same manner as is provided by law in regard to 
proceedings relating to laying out of highways. 

Section 6. In every case of a petition to the superior city may tender 

„ Ai-j -jj-xi- i. damages to the 

court tor an assessment or damages as provided in this act, petitioner. 
the said city may tender to the petitioner or his attorney 
any sum, or may bring the same into court to be paid to 
the petitioner for the damages by him sustained or claimed 
in his petition, or may in writing offer to be defaulted and 
that damages may he awarded against it for the sum therein 
expressed ; and if the petitioner does not accept the sum 
so otfered or tendered, with his costs up to that time, but 



730 1891. — Chapter 115. 

proceeds with his suit, he shall be entitled to his costs to 
the time of such tender or payment into court or ofler of 
judgment, and not afterwards, unless the amount recov- 
ered by him in such action exceeds the amount so tendered. 
And said city shall be entitled to recover its costs after- 
wards unless the petitioner recovers an amount in excess 
of the amount so offered or tendered, 
frclsed^ae^he^''" Section 7. All the rights, powcrs and authority givBD 
city may direct, to the city of Fall Rivcr by this act shall be exercised by 
said city subject to all duties, liabilities and restrictions 
herein contained, in such manner and by such agents, 
officers and servants as the city council shall from time to 
time ordain, direct and appoint. 
f^'oifLoIn^not Section 8. For the purpose of paying for the lands 
to exceed and scttlino; the damages herein referred to, for improving 

$200 000. *^ ^ , 7 1 o 

the land by grading and laying out driveways and con- 
structing bridges or otherwise, and for protecting the shores 
of said pond by a wall or otherwise, and for providing 
means for the prevention of the entrance of sewage or other 
polluting matters into said pond, the city of Fall River 
shall have authority to issue from time to time as a water 
debt, in accordance with 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, in ;iddi- 
tion to what it is already authorized to issue bylaw, notes, 
scrip or bonds, to be denominated on the face Fall Kiver 
Reservoir Loan, to an amount not exceeding in all two 
hundred thousand dollars. 

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

Ajyproved Mcerch 26, 1891. 

(Jha7).X15 ^^ ^^"^ '^^ AMEND THE CHARTER OF THE GLOUCESTER WATER 

SUPPLY COMPANY. 

Be it enacted, etc., as follows: 

amended Section 1. Scctiou scvcu of chapter one hundred and 

1881, 167, § 7. sixty-seven of the acts of the year eighteen hundred and 
eighty-one is hereby amended by adding at the end of said 
section the following words : — or at any regular munici- 
pal election ; and the warrant for notifying such meetings, 
if called specially as aforesaid, shall specify when the polls 
shall be opened for the purpose of voting and when they 
shall be closed. 

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

Approved March 26, 1891. 



1891. — Chapters 116, 117, 118. 731 

An Act extending the provisions of the public statutes njfn^ 116 

RELATING TO THE TAXABLE VALUATION OF VESSELS ENGAGED -^' 

IN THE FOREIGN CARRYING TRADE. 

Beit enacted, etc., as follows: 

Section 1. The provisions of section ten of chapter Provisions of p. 
eleven of the Public Statutes, as amended by chapter three trended for fw'o 
hundred and seventy-three of the acts of the year eighteen ^'^^'^^' 
hundred and eighty-seven and by chapter two hundred and 
eighty-six of the acts of the year eighteen hundred and 
eighty-nine, are hereby renewed and extended for the term 
of two years. 

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

Approved March 26, 1891. 

An Act to change the name of the milford mutual relief nj^f^j^ 11 7 

ASSOCIATION. ^ 

Be it enacted, etc., as follows: 

Section 1. The name of the Milford Mutual Relief Name changed 
Association, a corporation established under the general Benefit Associa- 
laws of the Commonwealth, is changed to New England *i°°°f^i'°'' • 
Benefit Association of Milford. 

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

Approved March 26, 1891. 



An Act in addition to an act to amend the charter of the 
worcester natural history society. 

Be it enacted, etc. , as follows : 



Chap.118 



Section 1. Chapter fifty-seven of the acts of the year isto, st, §1, 



amended. 



eighteen hundred and seventy as amended by chapter 
sixty-three of the acts of the year eighteen hundred and 
eighty-four, is hereby amended in section one of the first- 
named act by striking out the word "fourteen", in the 
second line, and substituting therefor the word : — ten, — 
by striking out the words " and entitled to vote at all 
meetings thereof", in lines four and five, and by inserting 
after the words " shall be ", in the sixth line, the words : 
— entitled to vote or become, — so that said section shall 
read as follows : — Section 1. Any inhabitant of Worces- Members to be 
ter county, above the age of ten years, may, on such terms feu years'] etc. 
as shall be fixed by the by-laws of the Worcester Natural 
History Society, become a member thereof. But no per- 
son under twenty-one years of age shall be entitled to vote 
or become an officer or director of said society. 



732 



1891. — Chapter 119. 



Officers to con- 
eiet of twelve 
directors, etc. 



im^^Ti^.' Section 2. Chapter fifty-seven of the acts of the year 

eighteen hundred and seventy is herel)y further amended 
by striking out section two and substituting therefor a new 
section as follows : — Section 2. The officers of the soci- 
ety shall consist of twelve directors, four of whom shall be 
designated, the president, the secretary, the treasurer and 
the superintendent of museum, and be elected annually by 
the society ; four of them from the six following named 
boards or institutions of the city of Worcester : the public 
school committee, the free public library, the polytechnic 
institute, the Worcester academy, the Clark university, 
and the state normal school, each in turn and in the order 
named, and unless otherwise provided by such board or 
institutions to consist of, the superintendent of the public 
schools, the librarian of the free public library, the presi- 
dent of the polytechnic institute, the principal of Worces- 
ter academy, the president of Clark university, and the 
principal of the state normal school, to hold their said 
offices, the first named for one year, the second named for 
two years, the third named for three years, and the fourth 
named for four years ; and thereafter, at the expiration of 
such terms, the officers entitled to fill such vacancies shall 
hold office for four years. The eight directors thus pro- 
vided shall forthwith choose four other directors to serve 
for one, two, three and four years respectively, and at the 
expiration of such terms shall fill vacancies thus occurring, 
by election for four years each. All vacancies occurring 
from death or resignation may be filled by the remaining 
directors, and the directors so chosen shall hold office until 
the annual meeting next succeeding such choosing, when 
such vacancies then remaining shall be tilled in the man- 
ner herein prescribed for their original appointment and 
for the remainder of such several terms. 

Section 3. This act shall take effect on the fourteenth 
day of April in the year eighteen hundred and ninety-one : 
provided, that a majority of the members of said associa- 
tion present and voting thereon at a meeting duly called 
for the purpose shall vote to accept its provisions. 

Approved March 26, 1891. 

.119 An Act in addition to an act providing for the improve- 
ment AND rebuilding OF THE COURT HOUSE AT TAUNTON. 

Be it enacted, etc. , as follows : 

amended.^ ^' SECTION 1 . Scction two of chapter two hundred and 

fifty-nine of the acts of the year eighteen hundred and 



Subject to ac- 
ceptance by a 
majority vote. 



Chap 



1891. — Chapters 120, 121, 122. 733 

eighty-nine is hereby amended so as to read as follows : — 

Section 2. Said commissioners for said purposes may commissioners 

borrow on the credit of said county and may expend tnere- money for court 

for a sum not exceeding two hundred and fifty thousand ^oT'' '° 

dollars. 

Sectiox 2. The county commissioners of the county ^j^y^J^^^^'^^J^^, 
of Bristol are hereby authorized to take and hold, by pur- otherwise. 
chase or otherwise, such land, in addition to land already 
taken under said chapter two hundred and fifty-nine, as 
they may deem necessary for the purposes stated in and 
according to the provisions of said chapter and any amend- 
ment thereof. 

Section 3. This act shall take efi"ect upon its passage. 

Approved March 26, 1891. 

An Act to repeal the law requiring triennial returns by (7A«2:).120 

WATER BOARDS, COMMISSIONERS AND COMPANIES TO THE STATE 
BOARD OF HEALTH. 

Be it enacted, etc., asfolloivs: 

Sectiox 1. Sections one hundred and three, one hun- Repeal of ps.. 
dred and four and one hundred and five of chapter eighty 105. 
of the Public Statutes, requiring certain returns to be made 
by w^ater boards, commissioners and companies to the state 
board of health, are hereby repealed. 

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

App>roved March 26, 1891. 

An Act to change the name of the great head yacht club. Qfiap.121 
Be it enacted, etc., asfolloivs: 

Section 1. The name of The Great Head Yacht Club, Name^changed 
a corporation organized under the general laws of this Yacht ciub. 
Commonwealth, is hereby changed to Winthrop Yacht 
Club. 

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

A2yproved March 26, 1891. 

An Act to amend an act for the better protection of Chap.122 

LOBSTERS. 

Be it enacted, etc., as follows: 

Chapter tw^o hundred and ninety-three of the acts of the isoo, 293. 

,..■,■, T J v, amended. 

year eighteen hundred and ninety is hereby amended by 
striking out after the word " whoever", in the first line, 
the words "catches and", by inserting after the word 



734 1891. — Chapter 123. 

*'body", in the second line, the words: — or has such 
tail or tails in possession, — by striking out the word "a", 
at the end of the fourth line, and inserting in place thereof 
the word : — any, — and by striking out, in the iifth line, 
after the word " person", the words " engaged in catch- 
ing or taking lobsters ", so that said chapter as amended 
Mutilation of ghall read as follows : — Whoever mutilates a lobster by 

lobsters, etc. . , -i -i 

severing the tail from the body, or has such tail or tails 
in possession, before said lobster is cooked shall be pun- 
ished by a fine of five dollars for each offence ; and in all 
prosecutions under this act the possession, by any person, 
of the tail of any uncooked lobster so severed from^ the 
body shall be prima facie evidence to convict. 

A2)2)roved March 26, 1891. 



Cha]) 



.123 ^^ -^^^ '^^ FURTHER AMEND AN ACT TO PROMOTE THE ABOLITION 
OF GRADE CROSSINGS, SO AS TO PROVIDE FOR THE ASSESSMENT 
OF DAMAGES IN CASE OF THE DISCONTINUANCE OF A PUBLIC 
WAY. 

Be it enacted, etc., as follows : 

amended ^^' SECTION 1. Scctiou five of chapter four hundred and 

twenty-eight of the acts of the year eighteen hundred and 
ninety is hereby amended by inserting after the words " of 
the grade of, a public way ", in the third line thereof, the 
words: — or by an abutter thereon, for the discontinu- 
ance of such public way, to the same extent as damages 
are now recoverable by law by abutters on ways discon- 
tinued by towns, — so that the same as amended shall read 
Abolition of as follows I — Secti07i 5 . All damages sustained by any 
damages?^""^*' pci'sou in his property by the taking of land for, or by the 
alterations of the grade of, a public way, or by an abutter 
thereon, for the discontinuance of such public way, to the 
same extent as damages are now recoverable by law by 
abutters on ways discontinued by towns, shall primarily 
be paid by the cit}^ 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, brought within one year after 
the day of the date of the decree of the court confirming 
the decision of said commission, by either of said parties, 



1891. — Chapters 124, 125. 735 

in the same manner and under like rules of law as damages 
may be determined when occasioned by the taking of land 
for the locating and laying out of railroads and public 
ways, respectively, in such city or town. 

Section 2. This act shall take effect upon its passage. Provisions to 
and the provisions thereof shall apply to cases now pend- pendmg.*'**^* 
ing. Ajyproved March 26, 1891. 



Chap.124. 



An Act relative to the filing of certificates by agricult- 
ural SOCIETIES CLAIMING BOUNTIES. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and rmfnded.^^' 
fourteen of the Public Statutes is hereby amended by 
striking out, in the second line of said section, the word 
*' December", and inserting in place thereof the word : — 
January, — also by adding at the end of said section the 
followino; words : — and also such other returns of their 
financial aflairs as the board of agriculture may require, 
upon a blank to be furnished by the secretary of the board 
of agriculture, to the treasurer of such societies, — so as 
to read as follows: — Section 2. Every society which ^°;;^„^[^?S°s 
claims bounty shall annually, on or before the tenth day certificate and 

r6ti.i,rD8 

of January, file in the office of the secretary of the board 
of agriculture, a certificate signed by its president and 
treasurer, specifying under oath the sum. so contributed 
and put at interest or invested, and then held so invested 
or well secured as a capital stock ; and also such other 
returns of their financial affairs as the board of agriculture 
may require, upon a blank to be furnished by the secretary 
of the board of agriculture to the treasurer of such societies. 
Section 2. This act shall take efiect upon its passage. 

Apjjroved March 26, 1891. 



Chap.125 



An Act to prohibit the imposition of fines or deductions 
OF wages of employees engaged at weaving. 

Be it enacted, etc., as follows: 

Section 1. No employer shall impose a fine upon or Fines not to be 

..1 1 1 T .1 1 ./ , [. ,\ /• iraposod for im- 

withhold the wages or any part of the wages of an em- perfections in 
ployee engaged at weaving for imperfections that may "■'^'*^'°s- 
arise during the process of weaving. 

Section 2. Any employer who shall violate the pro- Penalties. 
visions of this act shall be subject to a fine of not more 
than one hundred dollars, and for a second and subsequent 



736 



1891. — Chapter 126. 



Copies of act to 
be posted in 
weaving rooms 
under penalty. 



Repeal of 1SS7, 
361. 



Fall River 
Electric Freight 
Railway incor- 
porated. 



violation of this act shall be fined not more than three 
hundred dollars. 

Section 3. For a period of ninety days after the pas- 
sage of this act copies thereof shall be posted in conspicu- 
ous places in the respective weaving rooms of the different 
factories in which tines are levied. A failure or refusal 
to so post shall be punished by a fine of not less than 
twenty-five dollars. Inspectors of public buildings shall 
enforce the provisions of this act. 

Section 4. Chapter three hundred and sixty-one of 
the acts of the year eighteen hundred and eighty-seven is 
hereby repealed. Approved March 27, 1891. 

ChcipA2Q ^^ ^^T "^O INCORPORATE THE FALL RIVER ELECTRIC FREIGHT 

RAILWAY COMPANY. 

Be it enacted, etc., asfoUoivs: 

Section 1. Alfred A. Glasier, Frederick L. Ames, 
Charles Fairchild, T. Jeft'erson Coolidge, Jr., Francis 
Peabody, Jr., Thomas J. Borden, John S. Brayton, 
Arnold B. Sanford, Simeon B. Chase, their associates and 
successors, are hereby made a corporation under the name 
of the Fall River Electric Freight Railway Company, for 
the purpose of locating, constructing and operating a rail- 
way, with electric motive power, for the transportation of 
freight in the city of Fall River and vicinity ; with all the 
powers and privileges and subject to all the restrictions, 
duties and liabilities created by the general laws which 
now are or hereafter may be in force relating to street 
railways and railroads, as far as the same may be applica- 
ble under the provisions of this act. 

Section 2. The location of said railway shall be sub- 
ject to the approval of the board of aldermen of the city 
of Fall River, so far as the said railway is located in the 
streets of said city, except so far as herein otherwise pro- 
vided, in substantial conformity with the following routes, 
namely : the south route, beginning at a point in the 
easterly line of the location of the Old Colony railroad 
near the wharf of the Staples Coal Company, thence east- 
erly, in part or wholly over private lands, to the junction 
of King and Globe streets, thence over King street to 
Mount Hope avenue, thence southerly, in part over private 
lands, to the Shove mills and the Rhode Island line. Then 
(after skirting the southern shore of Laurel lake within 
the territory and under the authority of the state of Rhode 



Powers and 
duties. 



Location in 
streets of city 
subject to the 
approval of the 
board of 
aldermen. 



1891. — Chapter 126. 737 

Island) beginning at the Rhode Island line in Eight Rod- Location. 
way near said lake, thence northerly over private lands 
near the shore of the lake to Dwelly street, thence north- 
westerly over private lands and Slade, Globe and other 
streets to the junction of King and Globe streets aforesaid. 
Then beginning at a point in said route near said lake at 
Amity street, thence easterly over Amity street and pri- 
vate lands to the Fall River bleachery, thence northerly 
near the shore of the South Watuppa lake over private 
lands to a ford called the " sand bar", thence crossing the 
lake by a bridge and, after running a spur easterly to the 
Kerr thread mills but not crossing the Fall River railroad 
at grade without its consent, continuing northerly, crossing 
the Fall River railroad by overhead bridge, skirting the 
easterly shore of the Quequechan river, for the most part 
over private lands, to the Stafford mills. Then beginning 
at a point in said route at the sand bar aforesaid, thence 
northerly skirting the westerly shore of the Quequechan 
river, in most part over private lands, to the Eight Rod- 
way, thence over Eight Rodway across the river to the 
Granite mills. The north route beginning at a point in 
the westerly line of the location of the Old Colony rail- 
road near President avenue, thence westerly over private 
lands to Davol street, thence westerly over Davol street 
to a point near Elm street. Then beginning at said route 
in Davol street near President avenue, thence northerly, 
for the most part over private lands and near the shore of 
the Taunton river, to the junction of Davol and Brightman 
streets, thence northerly over Brightman street and Ful- 
ton street to the Sagamore and Border City mills. 

Section 3. Said corporation may locate, construct ^i»y '=o"sV'"'^' 

., -Til -1 and operate 

and operate its railway with convenient double or single road with 

,,•^•,1, ''.,. , , "- -, double or single 

tracks and all necessary sidmgs and spur tracks upon and tracks. 
over the streets and ways in the city of Fall River herein- 
before named and upon and over such other streets and 
ways as may from time to time be determined by the board 
of aldermen of said city, and may erect and use such poles 
and wires and make such alterations in streets as said 
board shall approve. The proceedings for the fixing of 
the route, location and construction of said railway in the 
streets and public ways of said city shall be similar to 
those prescribed by general laws in relation to street rail- 
ways, except as herein otherwise provided. 

Section 4. Said corporation may locate, construct May take and 

1 J. -J. ■! -ii • A 1 1 1 • I hold necessary 

and operate its railway with convenient double or single real estate. 



738 



1891. — Chapter 126. 



Proceedings for 
fixing route, etc. 



Width of loca- 
tion, gauge of 
tracks. 



May construct 
railway upon 
territory 
included in 
Laurel lake, 
etc. 

May unite with 
a connecting 
railway in 
Rhode Island. 



May unite 
tracks with 
Old Colony 
railroad by 
agreement. 



Road not to be 
constructed 
until certificate 
is tiled with the 
secretary of the 
Oommon wealth. 



Provisional 
board of nine 
directors to be 
elected. 



tracks and necessary sidings and spur tracks over the 
route substantially hereinbefore described, and for such 
purpose ma}^ take and hold by purchase or otherwise all 
necessary real estate. It may acquire by purchase all 
necessary real estate for its freight yards, power stations 
and other uses incidental to the proper maintenance of its 
railway. The proceedings for the fixing of the route, 
location and construction of said railway over all of the 
route lying outside of the streets and public ways of said 
city and for the taking of private property therefor shall 
be similar to those prescriljed by general law in relation 
to railroads, except as herein otherwise provided. 

Section 5. The location of said railway outside of 
public streets and ways shall not exceed fifty feet in 
width, and the oauo;e of the tracks shall be four feet eight 
and one-half inches throughout its entire length. 

Section 6. Said corporation may construct its rail- 
way along the proposed route over and upon territory 
included in Laurel lake, South Watuppa lake and the 
Quequechan river. 

Section 7. Said corporation may unite with a corpora- 
tion established under the laws of the state of Rhode 
Island to construct a railway within the said state of Rhode 
Island connecting with that herein described, and the 
stockholders of one company may become the stock- 
holders of the other company, and the two companies 
constitute one corporation. 

Section 8. Said corporation may enter upon the 
location of and unite its tracks with those of the Old 
Colony Railroad Company, with the consent of the latter, 
and may enter into arrangements with such company for 
the handlino- of its cars and g-eneral transaction of business. 

Section 9. Said corporation shall not lay out or con- 
struct its road or any part thereof until the certificate 
required by section eighty- six of chapter one hundred 
and twelve of the Public Statutes shall have been filed 
with the secretary of the Commonwealth, whereupon said 
corporation may proceed to organize in accordance with 
the provisions of the first clause of section forty-five of 
said chapter. For the purpose of carrying out all provi- 
sions of law preliminary to said organization the incorpora- 
tors herein named and their associates shall elect from 
their number a provisional board of nine directors who 
shall appoint a clerk and treasurer. 



1891. — Chapter 127. 739 

Section 10. The capital stock of said corporation capuai stock of 
shall be five hundred thousand dollars, but may be ''^ '" ' 
increased or decreased in accordance with the general law 
applicable to street railways, and in all other matters herein 
not otherwise provided the general hiw controlling said cor- 
poration shall be that governing street railways as for as 
applicable. 

Section 11. Said corporation may from time to time May issue 
by the vote of the majority in interest of its stockholders ^°^'^^- 
issue coupon or registered bonds to an amount not ex- 
ceeding two hundred and fifty thousand dollars, for a term 
not exceeding twenty years from the date thereof: j)7'o- 
vided, that no issue of bonds shall be made unless there 
shall have been actually paid in an amount of the capital 
stock equal to the amount of such issue. To secure pay- May mortgage 
ment of such bonds, with interest thereon, the said cor- franchLe to 
poration may make a mortgage of its road and franchise secure payment. 
and any part of its other property, and may include in 
such mortgage property thereafter to be acquired, and 
may therein reserve to its directors the right to sell or 
otherwise, in due course of business, to dispose of prop- 
erty included therein which may become worn, damaged 
or unsuitable for use in the operation of its road, provided 
that an equivalent in value be substituted therefor. And 
bonds issued shall first be approved by some person 
appointed by the corporation for that purpose, who shall 
certify upon each bond that it is properly issued and 
recorded. 

Section 12. Unless said corporation begins and com- construction to 
pletes the construction of its road within two years from withTtwo*^ 
the passage of this act its corporate powers and existence ^''^'^^^' 
shall be at an end. 

Section 13. This act shall take effect upon its passage. 

Ax>proved March 27, 1891. 



Chcqj.121 



An Act to divide ward six in the citt of Gloucester into 
two voting precincts. 

Be it enacted, etc., as follows: 

Section 1. Ward six in the city of Gloucester shall ward mx to be 

1 T-ini 1 Til f • 1 • • divided into 

be divided by the mayor and aldermen or said city into two voting 
two voting precincts, to be designated precinct number '"^'"'""' *' 
one and precinct number two of ward six. Said ward 
shall be divided in the same manner as provided by chap- 
ter four hundred and twenty-three of the acts of the year 



740 1891. — Chapters 128, 129, 130. 

eighteen hundred and ninety, relating to the division of 

wards in cities in all cases where said wards contain more 

than five hundred and not more than eight hundred voters. 

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

Ax)proved March 28, 1891. 

OhCLT) 128 ^^ ^^^ RELATIVE TO THE TAKING OF SMELTS IN THE COUNTY OF 

NANTUCKET. 

Be it enacted, etc. , as follows : 
p. s. 91, §59, Section 1. Section fifty-nine of chapter ninety-one of 

amended. . •' . . ^ 

the Public Statutes is hereby amended by insertuig after 

the word "Barnstable", in the second line of said section, 

the word: — Nantucket, — so as to read as follows: — 

Smelt fishing in i§QQt{on 59. The two preceding sections shall not apply 

certain couDties. ^ ^ *- - o ^ ^i i •/ 

to smelts taken in a seine or net, in the counties of Bristol, 
Barnstable, Nantucket or Dukes County, during the time 
and in the manner in which fishing is allowed for perch, 
herring: or alewives. 

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

Approved March 28, 1891. 

(7Aa?9.129 ^^ -^^^ RELATIVE TO SIGNALS OF THE APPROACH OF TRAINS TO 
CROSSINGS ABOVE THE LEVEL OF A HIGHWAY. 

Be it enacted, etc., as follows: 
Signals of Section 1. The board of railroad commissioners may 

approach of . -ii i-i mi 

trains when rcqun'c a I'ailroad corporation whose railroad crosses a 
above^he'ieveT highway by a crossing above the level of the highway to 
of the highway, gj^^ such signal of the approach of trains to any such 
crossing as the board may designate. The board may 
determine the nature of the signal to be given in each case 
and may in its discretion require an automatic signal. The 
supreme judicial court may by suitable process in equity 
compel railroad corporations to comply with orders made 
by the board under this section. 

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

Approved March 28, 1891. 

(JJiar).\?tO ^N Act concerning the board of health of the city of 

WALTHAM. 

Be it enacted, etc., as follows: 

Board of health Section 1 . The board of aldermen of the city of Wal- 

to eeece . ^\^^^^ shall, as soou as convenient after the passage of this 

act, elect by ballot two persons, legal voters of said city, 

to be members of the board of health, one to serve for 



1891. — Chapters 131, 132. 741 

four years and one for five years from the first Monday in 
March in the year eighteen hundred and ninety-one and 
until their successors are elected, who, together with the 
present members, shall constitute the board of health ; 
and thereafter the said board of aldermen shall annually 
in the month of February elect in the same manner one 
person, a legal voter of said city, to serve on said board 
of health for five years from the first Monday of March 
then next ensuing and until his successor is elected. 

Section 2. The present members of the board of f''«8e°t mem- 

, . , , '11 p '* serve 

health or their successors shall serve until the term of ""tii term of 
office expires for which they were elected, and nothing 
herein shall be construed to the contrary. 

Section 3. So much of section twenty-five of chapter Repeal of in. 
three hundred and nine of the acts of the year eighteen v^slons^of fssX 
hundred and eighty-four as is inconsistent with this act is ^*^^'§^^- 
hereby repealed. 

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

Ap2Jroved March 2S, 1891. 

An Act concerning lists of jurors in the counties of nan- Qhaj) 131 

TUCKET AND DUKES COUNTY. 

Be it enacted, etc., as follows: 

Section six of chapter one hundred and seventy of the p. s. no. § e, 
Public Statutes is hereby amended by striking out the '^"^^^ '^ 
word " county", where it first appears in the eighth line 
thereof, and inserting in the place thereof the words : — 
counties of Nantucket and, — so as to read as follows : — 
Section 6. The selectmen of each town shall once in selectmen to 
every year prepare a list of such inhabitants of the town, fJrorT.'' ^*^*^ ° 
not absolutely exempt, as they think well qualified to serve 
as jurors, being persons of good moral character, of sound 
judgment, and free from all legal exceptions ; which list 
shall include not less than one for every one hundred 
inhabitants of the town, and not more than one for every 
sixty inhabitants, computing by the then last census, ex- 
cept that in the counties of Nantucket and of Dukes 
County it may include one for every thirty inhabitants. 

Approved March 28, 1891. 

An Act to increase the number of members of the board of Qhdj) ^32 

ALDERMEN OF THE CITY OF LYNN. 

Be it enacted, etc., as foUotvs : 

Section 1. The qualified voters of the city of Lynn, Numj'erof 

, ..,*,. ijii ''ii board of alder- 

at the next municipal election and at all municipal elec- men increased. 



742 1891. — Chapter 133. 

tions thereafter, shall give in their votes for nine members 
of the board of aldermen ; and said board of aldermen 
shall on and after the first Monday of January, eighteen 
hundred and ninety-two consist of nine members. 

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

A2}2Jroved March 28, 1891. 

m 

(7Art».133 ^^ ^^"^ "^^ PROVIDE FOR LICENSING CONDUCTORS, DRIVERS AND 
DESPATCHERS OF STREET RAILWAY CARS IN THE CITY OF SALEM. 

Be it enacted, etc., as folloivs : 

drivers'^^etc: of Section 1. Thc board of aldermen of the city of 
street railway Salcui shall, upon the recommcndatiou of the president, 
licensed" by the Superintendent or board of directors of any street railway 
auferaCT,!!! corporatiou using the streets of said city, issue licenses 
Salem. from time to time to the conductors and drivers of the 

several street railway corporations, and also to the per- 
sons employed to start or despatch the cars of said corpo- 
rations from the stables, stations, depots and other places 
within said city ; and said board of aldermen may after 
due notice and a hearing revoke any such license at any 
time for sufficient cause. Such licenses shall continue 
and remain in force until surrendered by the licensee or 
until revoked by said board of aldermen, and shall con- 
tain such provisions and conditions as said board shall 
nof to°ex'c'e*ed^'' determine : provided, lioicever, that the fee to be paid for 
t^enty-tive eacli liceusc shall not exceed the sum of twenty-five cents. 
Record of issue, Section 2. A rccord of thc issuc, surrender and 
of licenses' to be rcvocatiou of such liccnscs shall be kept by the city clerk 
^^^'' of said city, and shall be open at all times to the inspec- 

tion of the presidents and superintendents of the several 
street railways using the streets in said city ; and when- 
ever any such license is revoked notice thereof shall be 
transmitted to the presidents or superintendents of said 
street railways and to the licensee. 
Persons licensed SECTION 3. Said board of aldermen shall require the 
to conform to poHcc officcrs of sald city to observe and direct the per- 
o^rdfnances. SOUS liccnscd uudcr this act, and to cause them to con- 
' form to the laws of the Commonwealth, the ordinances of 
the city of Salem and the regulations of the board of 
aldermen of said city relating to the use of the tracks, the 
speed of the cars and especially to the obstructions of 
public travel by the management of the street cars ; said 
police officers shall secure the necessary testimony and 
shall report to the board of aldermen every instance of the 



1891. — Chapters 134, 135. 743 

wilful or persistent violation by any licensee of any such 
law, ordinance, regulation or rule, or any refusal to obey 
the request of said officers respecting the management of 
any street car. 

Section 4. Any person who shall act in the capacity Penalty for 
of driver, conductor, starter or despatcher of any street license. 
car at any place within the limits of said city without 
being licensed therefor as herein provided, or who shall 
act in such capacity in violation of the provisions or con- 
ditions or after the revocation of such license, shall forfeit 
and pay a sum not exceeding ten dollars for each offence. 

Section 5. No person whose license shall have been whenuceneeis 
revoked pursuant to the provisions of this act shall be ndnse noTto 
reinstated or receive a new license as conductor, driver, periotTofonJ* 
starter or despatcher on any street railway in the city of mo°th. 
Salem within a period of one month from the date of the 
revocation of his license. 

Section 6. This act shall take effect when accepted fe"pur«cebrthe 
by the city council of the city of Salem. city council. 

A2}2yroved March 28, 1891. 

An Act to authorize the boston society of natural his- (J/ia7).\S4: 

TORY TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as foUoivs : 

Section 1. The Boston Society of Natural History is May hoid addi. 
hereby authorized to hold real and personal estate, exclu- personal estate. 
sive of lands or buildings occupied by the society for its 
own use, the net annual income whereof shall not exceed 
the sum of fifty thousand dollars nor be applied to any 
other purposes than the encouragement and promotion of 
the science of natural history. 

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

Approved March 28, 1891. 

An Act to prevent the taking of bluefish with nets or (7/<^t>.135 
seines in a portion of the waters of wellfleet bay in 
the town of wellfleet. 

Be it enacted, etc., as follows: 

Whoever takes any bluefish in the waters of Wellfleet Biuetish not to 
bay in the town of Wellfleet with nets or seines, north and mts" ac, under 
east of Smalley's bar inside of a line drawn from Smalley's ?''""">'• 
bar buoy east-southeast to the eastern shore and west- 
northwest to the western shore, shall forfeit one dollar 



7M 1891. — Chapters 136, 137, 138. 

for each bluefish so taken or be punished by a fine not 
exceeding one hundred dollars. 

Ajyproved March 28, 1891. 



Chap.li^6 An Act to authorize cities to make ordinances to govern 

* * THE SALE OF PREPARED WOOD, SLABS AND EDGINGS WHEN SOLD 

BY THE LOAD. 

Be it enacted, etc., asfoUoivs: 
Cities may make QpoTiON 1. The citv couucil of auv city may establish 
govern Mi^of^ Ordinances, with suitable penalties, to regulate the sale ot 
fJrfuei^vhen prepared wood, slabs and edajings for fuel, when sold by 
sold by the load, ij^^ load, and may provide for the appointment of such 
officers as may be necessary to carry into effect such ordi- 
nances, and may establish their fees ; but no penalty for 
any one violation of any such ordinance shall exceed five 
dollars. 

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

Ajyproved March 28, 1891. 



Chan.1^1 An Act relative to the fisheries in the town of westport. 

Be it enacted, etc., as follows : 
1887, 193, § 3, Section three of chapter one hundred and ninety-three 

amended. ^^ ^^^ ^^^^ ^^ ^^^ ^^^^ eighteen hundred and eighty-seven 

is hereby amended by inserting after the word " taking", 
in the second line of said section, the words : — at any time 
except on Fridays and Saturdays of each week, — also by 
inserting after the word "waters", in the fourth line of 
said section, the words : — except on said days, — also by 
inserting after the word " taking ", in said fourth line, the 
words : — except on said days, — so as to read as follows : 
FiBheries SectioH 3. Nothing contained in this act shall apply 

regulated m Kj^^'^y.'-^i" ^ o t-i>j JO+1 

Westport river. |.q ^jjg taking at any time except on Jbridays and featuiaays 
of each week, of mackerel in any way in any of said 
waters, nor to the taking by hand-nets of smelts, herrings 
or alewives in any of said waters except on said days, nor 
to the taking, except on said days, of smelts, herrings, 
alewives or perch in that part of Westport river north of 
a line drawn east and west from the south end of Cadman's 
neck in said river. Approved March 28, 1891. 



Chnn I^S An Act to include the month of august in the open season 

L>nap.L0O ^^^ trout fishing in the county of HAMPDEN. 

Be it enacted, etc., as follows: 
1884, 171. §1, Section one of chapter one hundred and seventy-one of 

amended. ^^^ ^^^^ ^^ ^-^^ ^g^^^. eighteen hundred and eighty-four, as 



1891. — Chapters 139, 140. 745 

amended by chapter one hundred and ninety-three of the 
acts of the year eighteen hundred and ninety, is hereby 
further amended by striking out the words ' ' and Hamp- 
den ", in the seventh line of said section, and inserting 
in place thereof after the word "Franklin", in said 
seventh line, the word : — and, — so as to read as fol- 
lows:— The time within which any person is forbidden Trout fishing 
to take, sell, offer or expose for sale or to have in his [hfcounty'of 
possession a trout, land-locked salmon, or lake trout, by ^^-^pden. 
sections tifty-one and fifty-three of chapter ninety-one 
of the Public Statutes, shall be between the first day of 
September and the first day of April, except in the counties 
of Berkshire, Franklin and Hampshire, 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. 

A2)proved 3Iarch 28, 1891. 
An Act relating to pleadings and practice in the district ^t . on 

COURT OF HAMPSHIRE. L'fiap.lD^ 

Be it enacted, etc., as follows : 

Section ninety of chapter one hundred and sixty-seven pieadingB and 
ot the Fubhc Statutes, relating to practice in district and ScTcourf 
municipal courts, is hereby amended by striking out the of Hampshire. 
word " and", in the ninth line of said section, and insert- 
ing therein after the word "Worcester", the words: — 
and the district court of Hampshire. 

Approved March 28, 1891. 
An Act to authorize the civil service commissioners to ryj r, lACi 

SUMMON witnesses AND TAKE TESTIMONY. O/iOp.i'lU 

Be it enacted, etc., asfolloivs: 

The civil service commissioners or any of them, in all The civii service 
cases requiring investigation by them, may summon wit- "^T^f^^Z^ 
nesses in behalf of the Commonwealth, and may administer T^lZ'ZnlL 
oaths and take testimony in such cases. The fees of such 
witnesses for attendance and travel shall be the same as 
for witnesses before the superior court, and shall be paid 
from the appropriation for the incidental expenses of the 
commissioners. Any justice of the superior court, either 
in term time or vacation, upon application of the commis- 
sioners, may in his discretion compel the attendance of 
such witnesses and the giving of testimony before the 
commissioners in the same manner and to the same extent 
as before said court. Approved March 28, 1891. 



746 



1891.— Chapters 141, 142, 143. 



Chap.Ul 



Harwich ex- 
eraptecl from 
maintenance of 
Bass river 
bridges in 
Dennis and 
Yarmouth. 



Expenses to be 
apportioned 
upon county, 
etc. 



An Act to exempt the town of Harwich from the expense 

OF REBUILDING AND MAINTAINING THE BASS RIVER UPPER AND 
LOWER BRIDGES IN THE COUNTY OF BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1. The town of Harwich shall hereafter be 
exempt from all expense attending the rebuilding or mam- 
taining of the Bass river upper and lower bridges, situ- 
ated in the towns of Dennis and Yarmouth in the county 
of Barnstable. 

Section 2. The expenses from which the town ot 
Harwich is hereby exempted shall be apportioned upon 
the county or towns in the county, or both, in such man- 
ner as the county commissioners of the county of Barn- 
stable may order. 

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

Approved March 28, 1891. 



Pinnated grouse 
not to be taken 
at any time. 

Close seasons 
for woodcocli, 
partridge, quail 
and duck. 



r<hnr^^A9. An Act fixing the penalty for the taking or killing of 
^^*"^ woodcock, grouse, quail and duck within certain periods. 

Be it enacted, etc., asfolloios: 

Section I. Whoever takes or kills a pinnated grouse 
at any time, or a woodcock, or a ruffed grouse, commonly 
called a partridge, between the first day of January and 
the fifteenth day of September, or a quail between the 
first day of January and the fifteenth day of October, or 
a wood or summer duck, black duck or teal, or any of 
the so called duck species, between the fifteenth day ot 
April and the first day of September, shall be punished 
by a fine of twenty dollars for every bird so taken or 

killed. ,111 

Section 2. Section one of chapter two hundred and 
seventy-six of the acts of the year eighteen hundred and 
eicrhty-six, as amended by chapter two hundred and ninety- 
two of the acts of the year eighteen hundred and eighty- 
eic^ht and by chapter two hundred and forty-nine ot the 
ads of the year eighteen hundred and ninety, is hereby 
repealed. Apinoved March 28, 1891. 

rhnn 14-5 AN Act TO confirm the acts and proceedings of the everett 
^ -i ' congregational society. 

Be it enacted, etc., as follows: 
Proceedings Section 1. The acts and proceedings of the Everett 

confirmed. Co^crregational Society, a religious corporation established 



Repeal. 



1891. — Chapters lU, 145. 747 

in Everett, at its meeting held on the nineteenth day of 
January and by adjournment on the twenty-fourth day of 
January in the year eighteen hundred and ninety-one, are 
hereby ratified, confirmed and made valid to all intents 
and purposes, notwithstanding there were but seven per- 
sons present thereat qualified to vote, or any other defects 
and informalities. 

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

Apjnoved March 28^ 1891. 

An Act to amend an act relating to sales of goods, wakes nhnrf) 1 44 

AND MERCHANDISE TAKEN INTO A CITY OR TOWN TO BE SOLD BY 
AUCTION. 

JBe it enacted, etc., as follows : 

Section two of chapter four hundred and forty-nine of amended ^'' 
the acts of the year eighteen hundred and ninety is hereby 
amended by striking out the words " new resident ", in 
the ninth line, and inserting in place thereof the word : — 
non-resident, — and by striking out the words " board of", 
in the tenth and thirteenth lines, respectively, so that as 
amended the section will read as follows: — Section 2. nfadebVa^duiy 
The sales of goods, wares and merchandise which have licensed auc 

tioiiG'Gr or tQ6 

been brought into a city or town in the Commonwealth city or town. 
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 Common- 
wealth, and having a regular and established place of busi- 
ness in said city or town where the goods, wares or 
merchandise are to be sold. And said auctioneer must, Non-resident 

. ' may be licensed 

if a non-resident of the city or town where he has his to hold sales by 
place of business, receive from the mayor and aldermen of ' 
the said city or the selectmen of the town a permit to hold 
sales by auction in said city or town, and said mayor and 
aldermen of the city or the selectmen of the town may 
require a special license fee for the holding of sales. Any Penalty. 
person violating any of the provisions of this section shall 
be punished by a fine of not more than one hundred dollars. 

Approved March 28, 1891. 

An Act to allow further time for the extension and con- (7^a/>.145 

STRUCTION OF THE NEW YORK AND MASSACHUSETTS RAILWAY. 

Be it enacted, etc., asfolloios: 

Section 1. The time within which the New York and ^nne extended 



748 



1891. — Chapter 146. 



which may take or succeed to the rights, privileges and 
immunities of said company, may complete the extension 
and construction of its road, is hereby extended until the 
first day of July in the year eighteen hundred and ninety- 
four ; and all the rights, powers, privileges and franchises 
possessed or enjoyed by said company are to continue 
and be enjoyed by it in the same manner and with the 
same effect as if its railroad had been constructed and 
completed within the time prescribed by law. 

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

Approved March 28, 1891. 



Chap.UG 



Cape Poge 
Ferry Company 
incorporated. 



May construct 
■wharves, etc., 
and hold real 
and personal 
estate. 



Capital stock 
not to exceed 
$30,000. 



An Act to incorporate the cape poge ferry company. 

Be it enacted, etc., as folloivs : 

Section 1. Thomas D. Mills, Henry V. Condict and 
John W. Smith, their associates and successors, are hereby 
made a corporation by the name of the Cape Poge 
Ferry Company, for the term of thirty years from the 
date of the passage of this act, for the purpose of estab- 
lishing, maintaining and operating a ferry between the 
island of Martha's Vineyard and the island of Chappa- 
quiddic in the county of Dukes County, touching at the 
villages of Vineyard Haven, Cottage City and Edgartown 
and the locality known as Katama, on the island of Mar- 
tha's Vineyard, and at Cape Poge and other points on the 
island of Chappaquiddic, including Cape Poge pond ; with 
all the powers and privileges and subject to all the duties, 
liabilities and restrictions conferred or imposed by general 
laws which now are or may hereafter be in force appli- 
cable to such corporations. 

Section 2. Said corporation shall have power, sub- 
ject to the provisions of chapter nineteen of 'the Public 
Statutes and of any other laws which now are or here- 
after may be applicable thereto, to construct all wharves 
or piers necessary for the purposes of said ferry, and may 
acquire and hold on each of said islands such real estate 
and such personal property as may be necessary and con- 
venient therefor. 

Section 3. The capital stock of said corporation 
shall be eight thousand dollars, divided into shares of 
one hundred dollars each, with authority to said corpora- 
tion, subject to the provisions of law, to increase its 
capital stock to an amount not exceeding thirty thousand 



1891. — Chapters 147, 148. 749 

dollars, and may be paid in either in cash or property, 
the value of such property to be determined by the com- 
missioner of corporations. 

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

Approved March 28, 1891. 



Chap.Ul 



An Act to authorize the city of newburtport to issue 

BONDS, notes or SCRIP EOR THE PAYMENT OF ITS GENERAL 
INDEBTEDNESS. 

Be it enacted, etc., as follows : 

Section 1. The city of Newburyport, for the purpose ^^/j^g^^^^t^ f^j. 
of paying and refunding its general indebtedness already refunding debt. 
incurred or authorized by said city, may from time to 
time issue bonds, notes or scrip to an amount not exceed- 
ing two hundred thousand dollars, payable in periods not 
exceeding twenty years from the date of issue and bearing 
interest at rates not exceeding four per cent, per annum ; 
but the provisions of chapter twenty-nine of the Public 
Statutes and of chapter one hundred and twenty-nine of 
the acts of the year eighteen hundred and eighty-four 
shall in all other respects apply to the issue of said bonds, 
notes or scrip, and to the establishment of a sinking fund 
for the payment thereof at maturity. 

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

Approved March 28, 1891. 

An Act making an appropriation for current expenses at (J}iar).\AS 

THE WESTBOROUGH INSANE HOSPITAL FOR THE YEAR EIGHTEEN 
HUNDRED AND NINETY. 

Be it enacted, etc., as follows: 

Section 1. The sum hereinafter mentioned is appro- Appropriation. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purpose of 
meeting certain expenses at the Westborough insane 
hospital, to wit : — 

For the payment of certain bills incurred by the trustees westborongh 
of the Westborough insane hospital at Westborough dur- hospitaL 
ing the year eighteen hundred and ninety, a sum not 
exceeding eight thousand dollars, as authorized by chapter 
seventeen of the resolves of the present year. 

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

Approved March 30, 1891. 



750 



1891. — Chapter 149. 



Ch(l7).14Q -^^ ^^'^ '^^ AUTHORIZE THE TOWN OF EVERETT TO IMPROVE IT3 
"WATER SUPPLY AND ISSUE SCRIP OR BONDS FOR THE PAYMENT 
AND REFUNDING OF ITS WATER DEBT. 



Everett Water 
Loan not to 
exceed $100,000. 



Rebate money 
to be used In 
payment of 
interest, etc. 



To raise by 
taxation sufli- 
cient to pay 
interest and to 
meet require- 
ments of sink- 
ing fund. 



Be it enacted, etc., as follows: 

Section 1. The town of Everett, for the purpose of 
refunding any part of its water debt which the presen 
sinking fund established for its redemption may not be 
sufficient to pay at its maturity, and of maintaining, 
enlarging and preserving its system of water supply, is 
authorized to issue scrip or bonds to an amount not 
exceeding one hundred thousand dollars, to be denomi- 
nated on the face thereof Everett Water Loan, bearing 
interest at a rate not exceeding six per centum per annum, 
payable semi-annually, and to become due and payable at 
such time or times, not exceeding thirty years from the 
time when the same are issued, with power to renew any 
of the same to become due within such period, as said 
town may decide ; and such scrip or bonds shall be signed 
by the treasurer of said town and be countersigned by 
the water commissioners thereof. Said town is authorized 
to sell said scrip or bonds or any part thereof from time 
to time or pledge the same for money borrowed for any 
of the above purposes, provided it receives in each case 
at least the par value of the same. 

Section 2. The rebate money received by said town 
from the city of Boston for water furnished therein shall 
be used and applied to the payment of the interest on its 
water debt, which shall always be construed to include the 
debt now existing as Avell as that created by authority of 
this act, and adding to the sinking fund now existing for 
the payment of its water debt a sum yearly sufficient to 
meet the requirements of law for the payment at maturity 
of its whole water debt, and the residue to maintaining, 
enlarging and preserving its water system and supply. 
Said sinking fund shall remain sacred and inviolate and 
pledged to the payment and redemption of the said water 
debt and shall be used for no other purpose whatsoever. 

Section 3. Said town is authorized to appropriate 
and assess yearly, in the same manner as money is appro- 
priated and assessed for other town purposes, a sum suffi- 
cient to pay the interest on said scrip and bonds and 
such amount as it may decide towards paying the princi- 
pal thereof; and in case the sinking fund established for 



1891. — Chapters 150, 151. 751 

the payment of its water debt, referred to in the second 
section of this act, with the accumulated interest thereon 
shall appear to be insufficient to meet the requirements of 
law as to such fund, said town shall raise by taxation 
annually such sura in addition to that received under said 
second section as with its accumulations will be sufficient 
to meet such requirements. 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 4. This act shall not impair or abridge the certain rights 
right of said town to renew and extend its water bonds or abiidged!"^* 
any portion thereof already issued, for the period allowed 
by existing laws, or any right which said town now has 
to raise money by taxation for the extension of its water 
supply. 

Section 5. This act shall take effect upon its passage. 

Approved March 30, 1891. 

An Act to authorize the city of taunton to incur indebt- (JJiar>.\BO 

EDNESS beyond THE LIMIT FIXED BY LAW. 

Be it enacted, etc., as follows : 

Section 1. The city of Taunton, for the purpose o^ J^Tl^t'^T'' 
constructing a system of sewers, may issue notes, scrip, i**9i- • 

bonds or certificates of debt, signed by the treasurer and 
countersigned by the mayor, to be denominated on the 
face thereof Taunton Sewer Loan, Act of 1891, to an 
amount not exceeding two hundred thousand dollars in 
addition to the amounts which the city is now authorized 
to issue by the general law. 

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

Approved March 30, 1891. 

An Act relating to renewing a funded loan of the city (7/ia».151 

OF WORCESTER, 

Be it enacted, etc., as follows : 

Section 1. The city of Worcester is hereby author- May renew 
ized to renew its funded loan falling due on the first day the issue of 
of April in the year eighteen hundred and ninety-two, °°*^^'''"'- 
amounting to eight hundred thousand dollars, by notes, 
bonds or certificates of indebtedness payable on or before 
the first day of June in the year nineteen hundred and 
five ; and such notes, bonds or certificates of indebtedness 



752 1891. — Chapters 152, 153. 

to the amount of three hundred thousand dollars shall con- 
stitute a portion of the water debt of said city, and shall 
be denominated on the face thereof City of Worcester 
Water Loan, Act of 1891, and the residue of such notes, 
bonds and certificates of indebtedness shall be denominated 
on their face City of Worcester Funded City Loan, Act 
of 1891. 

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

Approved March 30, 1891. 

(Jhctp.l.52i -^N Act relating to the sinking fund for the payment of 

THE WATER BONDS OF THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as folloivs : 

m^ybTh^idV Section 1. The sinking fund required by section 
comraisBioners. scvcn of chapter three hundred and forty-five of the acts 
of the year eighteen hundred and seventy-two and by any 
acts in amendment thereof or in addition thereto may, at 
the election of the city council, be held by any commis- 
sioners of the sinking funds of said city that shall be 
established and elected under the provisions of chapter 
twenty-nine of the Public Statutes instead of being held 
by trustees as is provided in section six of chapter seventy- 
five of the acts of the year eighteen hundred and sevent}"- 
1^ three ; and if so held the provisions of said chapter 

twenty-nine relating to such commissioners and to the 
care, custody and management of the fund shall apply 
thereto. 

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

Ajyproved March 30, 1891. 

Ch(ipA53 ^^ -^^"^ CONCERNING THE SUPPORT OF STATE POOR BY CITIES AND 

TOWNS. 

Be it enacted, etc., as folloivs : 

fmended.^^^' Scctiou tweuty-six of chapter eighty-six of the Public 

Statutes as amended by chapter two hundred and eleven 
of the acts of the year eighteen hundred and eighty-five is 
hereby further amended l)y striking out after the word 
"section", in the second line, the word "after", and 
inserting in place thereof the words : — within five days 
next before, — and also by inserting after the w^ord 
"required", in the third line, the words: — and also 
after the giving of such notice and until said sick person 
is able to be removed to the almshouse, — and by adding 



1891. — Chapters 154, 155. 753 

at the end of the section the following : — provided, how- 
ever, that when any person liable to be supported by the 
Commonwealth shall have received assistance in a hospital 
maintained for the care of the sick, the entire expense 
incurred by any city or town for said hospital aid, not to 
exceed five dollars per week, shall be reimbursed to said 
city or town by the Commonwealth in the manner herein 
provided, — so that said section shall read as follows : — 
Section 26. The expense incurred by a city or town Expense to be 

J ,1 . . i« j_i T i- 'l.^ ' n reimbursed by 

under the provisions or the preceding section, within five commonweauh. 
days next before notice has been given as therein required, 
and also after the givino; of such notice and until said sick 
person is able to be removed to the almshouse shall be 
reimbursed by the Commonwealth, the bills for such 
support having been approved by the state board or by 
some person designated by it, the bills so audited being 
endorsed with a distinct declaration that the amount 
charged for has been paid from the city or town treasury : 
provided, however, that when any person liable to be 
supported by the Commonwealth shall have received 
assistance in a hospital maintained for the care of the 
sick, the entire expense incurred by any city or town 
for said hospital aid, not to exceed five dollars per week, 
shall be reimbursed to said city or town by the Common- 
wealth in the manner herein provided. 

A2:)proved March 30, 1891. 

An Act to establish the salary of the sheriff for the njinj) 154 

COUNTY OF HAMPSHIRE. 

Be it enacted, etc., as follows : 

Sectiox 1. The salary of the sheriff for the county Salary 
of Hampshire shall be one thousand dollars a year begin- 
ning with the first day of April in the year eighteen hun- 
dred and ninety-one. 

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

Approved March 30, 1891. 

An Act providing for the withdrawal of names of candi- ChciJ).\55 

DATES for town OFFICES. 

Be it enacted, etc., as folloios : 

Section 1. Any person whose name has been presented j^Ime'^o'fTirncii! 
as a candidate for a town office, under the provisions of date for town 

0IT1C6* 

chapter three hundred and eighty-six of the acts of the 



754 



1891. — Chapters 156, 157. 



May pay 
bounties to 
James flalpiu 
aud Michael 
Lynch. 



year eighteen hundred and ninety and acts in amendment 
thereof or in addition thereto, may cause his name to be 
withdrawn from nomination, by request in writing signed 
by him and acknowledged before an officer qualified to 
take acknowledgments of deeds, and filed with the town 
clerk within twenty-four hours succeeding the time fixed 
for the filing of nomination papers, and no name so with- 
drawn shall I)e printed upon the ballots. 

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

Approved March 30, 1891. 

Ck(ip.\5Q ^^ Act to authorize the town of Randolph to pay certain 

BOUNTIES. 

Be it enacted, etc., as follows : 

Section 1. The town of Randolph is authorized to 
raise by taxation a sum of money not exceeding two hun- 
dred dollars, and appropriate the same to the payment of 
a bounty of one hundred dollars each to the following 
named soldiers : James Halpin and Michael Lynch : pro- 
vided, that said town shall not be reimbursed by the Com- 
monwealth for any money paid under the authority of 
this act. 

Section 2. If either of said soldiers dies before receiv- 
ing his bounty, it shall be paid to his widow, or, if he 
leaves no widow, to his lawful heirs. 

Section 3. This act shall take efi:ect upon its passage. 

App7'oved March 30, 1891. 

Chcip.\57 -A^N Act to authorize the new England commercial travel- 
lers ASSOCIATION TO INCREASE ITS RESERVE FUND. 

Be it enacted, etc., as follows: 

Section 1. The New England Commercial Travellers 
Association, a corporation organized under the general 
laws of the Commonwealth, is hereby authorized to accu- 
mulate and hold a reserve fund which shall not exceed at 
any one time the sum of one hundred thousand dollars. 

Section 2. Said fund shall be used only to pay death 
losses, and may be accumulated and held and the payments 
therefrom may be made in accordance with the by-laws of 
said association now in force or which may hereafter be 
adopted in relation to said fund. 

Section 3. Said fund shall be invested by the officers 
of said association designated for that purpose in its 
by-laws in securities in which insurance companies are 



In case of 
death payable 
to widow, etc. 



May hold a re- 
serve fund. 



By-laws to 
regulate ac- 
cumulation of, 
and payments 
from fund. 



Securities to be 
deposited with 
treasurer of the 
CommoDwcalth, 
etc. 



1891. — Chapter 158. 755 

allowed by law to invest their capital, and such securities 
shall be deposited in trust with the treasurer of the Com- 
monwealth ; and the association 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. The said securities so deposited, or any portion 
thereof, may be drawn upon a requisition ordered by the 
vote of its board of directors, which vote shall be cer- 
tified to by its president and secretary and endorsed by a 
majority of its trustees of the reserve fund and the insur- 
ance commissioner setting; forth that the same are to be 
used in the payment of death losses. 

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

Approved March 30, 1891. 



ChapABS 



An Act to amend an act to establish the Massachusetts 
hospital for dipsomaniacs and inebriates. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter four hundred and isso, iu §6, 

(, /., /»i • 1 1111 amenaecl. 

fourteen of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by inserting before the word 
" person ", in the ninth line of said section, the word : — 
male, — so as to read ^s follows : — Section 6. When upon notice 
the buildings constructed under the provisions of this act ^o^venw to^* 
are so ftir completed that in the opinion of said trustees Jiou^estTbnX^" 
commitments may properly be made thereto, said trus- ing hospital. 
tees shall so notify the governor, who shall thereupon 
issue his proclamation establishing the Massachusetts Hos- 
pital for Dipsomaniacs and Inebriates, and thereafter the 
judges named in section eleven of said chapter eighty- 
seven may commit to said hospital any male person who commitment of 
is given to or subject to dipsomania or inebriety, whether "o'boipitl?."^ 
in public or in private : provided, hoicever, that no such Proviso. 
person shall be so committed until satisfactory evidence 
shall be furnished to the judge before whom the proceed- 
ings for commitment are had that such person or persons 
are not of bad repute or of bad character apart from their 
habits of inebriety. 

Section 2. Section sixteen of the same chapter is isso, 4i4, §i6, 
hereby amended by inserting before the word " inmates", '^'"''° "^ 
in the second line of said section, the word : — male, — 
so as to read as follows : — Section 16. After the estab- certain male 

. , /. • 1 1 -11 1 • 11 1 inmates of 

lishment of said hospital the male inmates that nave l)een hospitals may 
committed to any lunatic hospital under the provisions eTc.'""" *^ 



756 1891. — Chapters 159, 160, 161. 

of chapter three hundred and thirty-nine of the acts of 
the year eighteen hundred and eighty-five, and are not 
found to be insane, may be transferred by the state board 
of lunacy and charity to the Massachusetts Hospital for 
Dipsomaniacs and Inebriates ; and said state board shall 
transfer from said hospital for dipsomaniacs and inebriates 
to some state lunatic hospital or asylum such inmates as 
may, under an order of commitment provided for by 
chapter eighty-seven of the Public Statutes, be found 
insane and requiring treatment therein. 

Approved March 30, 1891. 

Ch(ip.l5Q An Act in relation to diplomas granted to graduates of 

THE STATE NORMAL SCHOOLS IN THIS COMMONWEALTH. 

Be it enacted, etc. , as follows : 

be'a'c^cTpfed'i'n The diplomas granted by the state normal schools of 

exam/nauou"'^' this CommonAVcalth to the graduates of such schools may 

be accepted by the school committees of towns and cities 

in lieu of the personal examination required by section 

twenty-eight of chapter forty-four of the Public Statutes. 

Approved March 30, 1891. 

Ckap.liGO An Act to establish the salary of the justice of the munic- 
ipal COURT OF THE CHARLESTOWN DISTRICT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

es^tabushed. SECTION 1. The Salary of the justice of the municipal 

court of the Charlestown district of the city of Boston 
shall be twenty-two hundred dollars a year, beginning 
with the first clay of April in the year eighteen hundred 
and ninety-one. 

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

Approved March 30, 1891. 

Chap.\Q>\ -^N A^^ ^^ ESTABLISH THE SALARY OF THE JUSTICE OF THE 

POLICE COURT OF SOMERVILLE. 

Be it enacted, etc., as folloics : 

esl^biiehed. Section 1. The salary of the justice of the police 

court of Somerville shall be sixteen hundred dollars per 
annum, beginning with the first day of January in the 
year eighteen hundred and ninety-one. 

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

Approved March 31, 1891. 



[1891. — Chapters 162, 163, 164. 757 

An Act to establish the salary of the justice of the police (JJidj) X62 

COURT OF LYNK. 

Be it enacted^ etc., as follows: 

Section 1. The salary of the justice of the police suiary 
court of Lynn shall be twenty-two hundred dollars a ^'^ '^ 
year, beginning with the first day of January in the year 
eighteen hundred and ninety-one. 

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

Approved March 31, 1891. 

An Act to authorize beneficiary associations to return to (JJiav.XQ^ 

MEMBERS certain ADDITIONS TO DEATH FUNDS. 

Be it enacted, etc., as follows: 

Section 1. Any fraternal beneficiary corporation Certain addi- 

1 • 1 I !• 1 'ii ^^ • • ly j^' • /• tions to death 

which has complied with the provisions or section nine oi fuuds may be 
chapter four hundred and twenty-nine of the acts of the membMs.*" 
year eighteen hundred and eighty-eight, as amended by 
chapter three hundred and forty-one of the acts of the 
year eighteen hundred and ninety, and which now holds 
or may hereafter hold such a death fund as is therein pro- 
vided, invested and deposited in trust with the treasurer 
of the Commonwealth or held as therein provided, may 
provide in its by-laws for the return to living members 
contributing to said fund of their proportion of any sum 
held by it in excess of an amount produced by five 
assessments. 

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

Ajjproved March 31, 1891. 

An Act codifying and amending the laws relating to the z^/,^^ 1fi4- 

ALEWIFE fishery IN HERRING RIVER IN THE TOWN OF BOURNE. -^' 

Be it enacted, etc., as folloivs : 

Section 1. The selectmen of the town of Bourne for selectmen may 
the time being or a major part of them are hereby em- fiXry?*'^^"' ^ 
powered, in the month of March or April annually, to 
prescribe the time, place or places, and the manner of 
taking alewives in Herring river in the town of Bourne, 
such time not to exceed four days in a week ; and they * 

may either appoint some suitable person or persons to 
take the same and fix the compensation to be paid there- 
for, or they may in their discretion annually sell at public 
auction the right to take alewives in said river under such 



758 1891. — Chapter 164. 

regulations as they may make under this section : pro- 
Proviso. vided, however, that the inhabitants of the town of Sand- 

wich shall have the same rights in the public fishery of 
said river that the inhabitants of said Bourne shall have. 
The said selectmen are hereby authorized to offer and pay 
suitable rewards for the detection and punishment of per- 
sons violating the provisions of this act, and shall be 
entitled to reimbursement from said town of Bourne or 
from the proceeds of the sale of said right to take said 
alewives, for all sums expended for the said rewards or 
the enforcement of this act ; and the said town of Bourne 
in addition to other purposes authorized by law is author- 
ized to raise and appropriate money for enforcing this act. 
Fi6hwaystobe SECTION 2. The owncrs Or occupants of dams across 

kept open in .,. tii ^^ i • ^ • t 

dams. said river shall annually during such time, not exceeding 

sixty days in each year, as shall be prescribed by the 
selectmen of said town or the major part of them for the 
time being keep constantly open and maintain through, 

Passageways ovcr Or ai'ound their respective dams a passageway suffi- 

for fish to be . . ^ ~ . 

kept open over cicut and propcr for the passage of said fish, to the satis- 
as prescribed by faction of Said selcctmcn, under a penalty of not less than 
ten nor more than sixty dollars for each and every twenty- 
four hours they shall neglect to open a passageway as 
aforesaid ; and the said selectmen shall, thirty days at least 
before the commencement of said period, notify in writ- 
ing the owners or occupants of said dams of the time 
when the said passageways shall be opened and the man- 
ner in which they shall be constructed and regulated : 
provided, however, that if any owner or occupant shall at 
any time be dissatisfied with the determination of said 
selectmen in relation to the construction or regulation of 
such passageways, such owner or occupant may, by appli- 
cation in writing to the selectmen of the town of Barn- 
stable for the time being, who are hereby constituted a 
committee for that purpose, cause such passageway or 
passageways to be fixed, prescribed and regulated in 
writing by said committee ; and such passageway or pas- 
sageways shall be kept open and regulated in width and 
depth by the owners or occupants of said dams and in all 
respects pursuant to said written determination of said 
committee, under the same penalty as is hereinbefore pro- 
vided ; and the expense of said committee shall be paid 
by the owners or occupants of said dam or dams or by the 
said town of Bourne as said committee shall adjudge. 



selectmen. 



1891. — Chapter 164. 759 

Section 3. The said selectmen of the town of Bourne, selectmen may 
either personally or by their agents duly authorized, shall cou?L°of"the 
have full power and authority to cause the natural course ^Jptfieeo/ 
of the stream through which said tish pass to be kept open obstructions. 
and free of obstructions, except the dams aforesaid, and to 
remove all such obstructions except as aforesaid ; and for 
that purpose as well as for the other purposes of this act 
they or their agents shall have authority to go upon the 
land or meadow of any person through which said stream 
runs, without being deemed trespassers ; and if any person 
or persons shall molest the said selectmen, or either of 
them, or any of their said agents, in the execution of his 
or their duties under this act, or shall obstruct the passage 
of said lish except as aforesaid, the person or persons so 
offending shall on conviction thereof before any court of 
competent jurisdiction in the county of Barnstable, pay a 
fine for every such offence of not less than ten nor more 
than twenty dollars. 

Section 4. Any person or persons taking any of the Penalties. 
fish aforesaid in said river or in the ponds in which said 
fish cast their spawn, at any time or in any place or manner 
other than shall be allowed by said selectmen as aforesaid, 
or who shall receive such alewives knowing or having 
reasonable cause to believe that the same have been taken 
contrary to the provisions of this act, shall for each and 
every offence, on conviction thereof, pay a fine of not less 
than five nor more than twenty dollars or shall be impris- 
oned in the jail or house of correction for a period not ex- 
ceeding sixty days. The possession of alewives in the Evidence. 
woods, swamps and other lands, whether public or other- 
wise, in the town of Bourne bordering on the said Herring 
river or its tributaries or in the buildings over or near 
said river or its tributaries in said town, or in any boat or 
other craft, cart, wagon or other vehicle in or near said 
river or its tributaries, or the pond in which said fish cast 
their spawn, in the town of Bourne, in the months of 
April, May or June of each year, by any person or persons 
other than those lawfully entitled to take the same under 
said regulations, shall be deemed prima facie evidence of 
an unlawful taking or receiving under the provisions of 
this act. 

Section 5. Any deputy sheriff, police officer or con- onicerBmay 
stable of the town of Bourne is hereby empowered to Itty.e, without 
make search for and seize in said town without warrant, nu\I^Tn\\y^^ 
any of said fish which he has reason to suspect were taken ^'*'"^"- 



760 1891. — Chapter 164. 

at any time or place or in any way prohibited by law, 
together with any boat or other craft, cart, wagon or 
other vehicle, or the cask, barrel or other vessel contain- 
ing the same, which if used in such illegal taking or receiv- 
faTe'^of'idfure ^^o ^^'^ hereby declared to be forfeited. Said officer 
immediately after such seizure shall give public notice 
of the same by posting up notices thereof in two public 
places near the place where such seizure was made ; and 
if no person or persons shall appear and claim said fish of 
such officer, within twelve hours after posting said notices, 
said fish and the boat or other craft, cart, wagon or other 
vehicle, and the cask, barrel or other vessel containing 
the same shall be forfeited, and the same shall be sold by 
public auction, and the net proceeds of such sale shall 
enure to the benefit of the town of Bourne. If a claimant 
for such property shall appear within said twelve hours 
after the posting of said notices the officer shall libel the 
same according to law, or, at the request of said selectmen 
or any of them shall sell said fish or other property at 
public auction, and libel the proceeds of such sale accord- 
ing to law. In case said property or proceeds are forfeited 
the benefit thereof shall enure to said town of Bourne. 
m?^"quaQtityof Section 6. Froui and after the passing of this act the 
fis.htoj'e'-e- inhabitants of said town of Bourne at their annual March 
family, etc. meeting shall determine the quantity of said fish that each 
family in said town shall receive, and establish the price 
they shall pay therefor. 
f^rtuu"reB." °* SECTION 7. One-third of all the forfeitures incurred by 
virtue of this act shall be paid to the person or persons 
giving information, and the remaining two-thirds to the 
town of Bourne, to be recovered in an action of contract 
in any court having jurisdiction of the same, to be brought 
by the treasurer of said town, or, if said treasurer shall 
neglect to bring such action for a space of ten days after 
being thereto requested, by the person or persons giving 
the information, in the name and for the sole benefit of 
such person or persons. 
Repeal. SECTION 8. Chapter one hundred and twenty-six of 

the acts of the year eighteen hundred and thirty-four, 
chapter ninety-five of the acts of the year eighteen hun- 
dred and fifty-three and chapter two hundred and two of 
the acts of the year eighteen hundred and eighty-nine are 
hereby repealed. 

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

Approved March 31, 1891. 



1891. — Chapters 165, 166, 167. 761 



An Act to change the name of the Thompson and baker QJiapAQB 

COAL COMPANY. 

Be it enacted, etc., as follows : 

Section 1 . The name of the Thompson and Baker Name changed. 
Coal Company, a corporation organized in the year eight- 
een hundred and eighty-nine under the general hiws of 
the Commonwealth, is hereby changed to the N. A. 
Thompson Coal Company. 

Section 2. This act shall take effect upon its passage. 
^ Approved April 1, 1891. 

An Act to revive the powers of and extend the time for (JJi(ip,\QQ 

BUILDING THE RAILROAD OF THE NEW YORK AND BOSTON INLAND 
RAILROAD COMPANY. 

Be it enacted, etc., as folloios : 

Section 1. The time within which to complete the Time for 
construction of the railroad of the New York and Boston extended. 
Inland Raih-oad Company is hereby extended to the first 
day of June in the year one thousand eight hundred and 
ninety -five ; and all the rights, powers, privileges and 
franchises originally possessed or enjoyed by said com- 
pany shall continue and be enjoyed by it during such 
time, and thereafter, if its railroad is constructed within 
said time, in the same manner and with the same effect as 
if it had been constructed within the time prescribed by 
law. 

Section 2. This act shalbtake effect upon its passage. 

Approved April 1, 1891. 

An Act to authorize the city of waltham to issue bonds, C/iap.lQl 

NOTES OR SCRIP FOR THE REFUNDING OF ITS WATER DEBT. 

Be it enacted, etc., as follows; 

Section 1. The city of Waltham, for the purpose of ^^a^yj^^*., 
refunding such portions of its water debt now outstand- ^^j^f^rbt?^ 
ing as its sinking fund will not provide for, may from 
time to time issue bonds, notes or scrip to an amount not 
exceeding two hundred thousand dollars, payable in periods 
not exceeding thirty years from the date of issue and bear- 
ing interest at rates not exceeding five per centum per 
annum ; but the provisions of chapter twenty-nine of the 
Public Statutes and chapter one hundred and twenty-nine 



762 



1891. — Chapters 168, 169. 



of the acts of the year eighteen hundred and eighty-four 
shall in all other respects apply to the issue of said bonds, 
notes or scrip, and to the establishment of a sinking fund 
for the payment thereof at maturity. 

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

Approved April i, 1891. 



C1iaip.\QS An Act to incorporate the fall river loan and trust 

COMPANT. 



Fall River Loan 
and Trust 
Company 
incorporated . 



Capital 8tock 
and shares. 



Be it enacted, etc. , as follows : 

Section 1. Job M. Leonard, Frank W. Brightman, 
James Marshall, Cornelius S. Greene, George W. Slade, 
John M. Davis, Junius P. Prentiss, Samuel Hyde, 
George W. Durfee, Joseph A. Bowen, Quinlan Leary, 
Thomas C. McGuire, Rienzi W. Thurston and George H. 
Borden, their associates and successors, are hereby made 
a corporation by the name of the Fall River Loan and 
Trust Company, to be located in the city of Fall River, 
with authority to establish and maintain a loan and trust 
company ; 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. The capital stock of said corporation shall 
be two hundred thousand dollars and shall be divided into 
two thousand shares of one hundred dollars each. 

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

\_The foregoing loas laid, before the Governor on the twenty- 
seventh day of March, 1891, and after five days it had the '■'■force 
of a law," as prescribed by the Constittition, as it zcas not 
returned by him with his objections within that time.'] 



C%tt7?.169 -^^ -^^"^ "^^ INCORPORATE THE MATTAPAN DEPOSIT AND TRUST 

COMPANY. 



Mattapan De- 
posit and Trust 
Company in- 
corporated. 



Be it enacted, etc., as follows : 

Section 1. Charles H. Hersey, Richard J. Monks, 
George H. Bond, Thomas Hills, Nathaniel J. Rust and 
Grenville H. Norcross, their associates and successors, are 
hereby made a corporation by the name of the Mattapan 
Deposit and Trust Company, with authority to maintain a 
safe deposit, loan and trust company in that part of 
Boston called South Boston ; with all the powers and 
privileges and subject to all the duties, liabilities and 



1891. — Chapter 170. 763 

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. 

\_The foregoing tvas laid before the Governor on the twenty- 
seventh day of March., 1891, and after Jive days it had the 
'■^ force of a lazv," as prescribed by the Constitution, as it was not 
returned by him with his objections within that time.'] 

An Act to give towns jurisdiction over highways and (JJiart.VIO 

COUNTY BRIDGES. 

Be it enacted, etc., as follows : 

Section 1 . Any town which shall have accepted this Towns to have 
act, as hereinafter provided, shall have and may exercise colfJurrem^ 
original and concurrent jurisdiction with the county com- i^iVhljounty 
missioners of petitions for altering, Avidening, locating commissioDers 

1 _ o ' »_' o over highwavs. 

anew and making specific repairs upon any highway or 
county bridge within such town : provided, however, that Provisos. 
such town shall not have the power to discontinue any 
highway or county bridge, but in altering, widening or 
locating the same anew may discontinue such portions of 
the same as may become unnecessary for the public use ; 
and provided, also, that such discontinuance shall not 
diminish the former width of such highway or bridge. 
The town shall have no right to assess any part of the 
expense upon the county. 

Section 2. The proceedino;s of the town and its offi- Proceedings, 

, . I o •111 e^C; to be same 

cers in exercising the powers aforementioned, and the as in town 
remedies of parties whose rights are affected thereby, shall ^*^^' 
be the same as those provided by law in the case of town 
ways. 

Section 3. In any town which has accepted this act, certain pro. 

T 1 • • f ^ 1 Visions of law 

and which has accepted the provisions or chapter one hun- applicable. 
dred and sixty-nine of the acts of the year eighteen hun- 
dred and sixty-nine or of chapter three hundred and 
eighty-two of the acts of the year eighteen hundred and 
seventy-one or of the first nine sections of chapter fifty-one 
of the Public Statutes, the provisions of law above referred 
to shall apply to the action of such town taken in pursu- 
ance of this act, in relation to any highway or county 
bridge therein. 

Section 4. On appeals to the county commissioners Notice to bo 
from the action of the selectmen or of the town the county commi'^ssioners^ 
commissioners shall give not less than fourteen days' notice ?r"im acUon of 
to all parties interested, in the same manner and to the selectmen, etc. 



764 1891. — Chapter 171. 

same persons as required in the laying out of town ways, 
and also by causing a copy of such notice to be published 
in such newspaper as they shall order, not less than seven 
days before any hearing. At such hearing the county 
commissioners may finally decide such appeal, 
^rovimonsof SECTION 5. Nothing in this act shall be construed as 

§§117-138, or in any way affecting the provisions of sections one hun- 

of 1890, 428, not J -, -^ , "^ , >= ^ , , -, i .1 • i. • 1 j- • 1 

be affected. drcd and seventeen to one hundred and thirty-eight inclu- 
sive of chapter one hundred and twelve of the Public 
Statutes, or of chapter four hundred and twenty-eight of 
the acts of the year eighteen hundred and ninety or any 
acts passed in amendment thereof. 

Town clerk to SECTION 6. Within two wccks after any town has 

Bend to county , . . • i • • i • 

commissioners takcu final actiou iu pui'suancc of this act in relation to 
of record of any highway or county bridge therein, the town clerk of 
to'wn?'^"°°° such town shall send to the county commissioners a certi- 
fied copy of the record of the town of such final action, 
and the county commissioners shall cause said certified 
copy to be recorded in the same manner that the proceed- 
ings of the county commissioners in relation to highways 
or county bridges are recorded by them. 
TeM^to'county Section 7. Within ten days after the acceptance of this 
commissioners ^ct by any town, in the manner hereinafter provided, the 

and secretary iici in i -n i i»l 

of the Common- towu clcrk of such town shall send a certified copy ot the 

■wealth a copy ^ j-^i ^ji j .. ■. 

of record of votc acccptiug the samc to the county commissioners ana 
Iccep°tlnce. also to the sccretaiy of the Commonwealth. 
Subject to Section 8. This act shall take effect upon its passage 

mafonty TOt^e^ ^ ^o f^^^" ^^ to allow any town to vote upon the acceptance 
hereof; but shall take full effect in any such town only 
after it shall have been accepted by a majority of the voters 
of such town present and voting thereon by ballot at a 
town-meeting called for that purpose. The ballots shall 
be furnished by the town and shall be in the following 
form : — Shall the act entitled " an act to give towns juris- 
diction over highways and county bridges ", be accepted ? 
Yes. (or) No. AiJjyroved Aiml 6, 1891. 

ChctJ) 171 ^^ ^^^ "^^ PROVIDE FOR REFUNDING CERTAIN TAXES ASSESSED 

AGAINST SAVINGS BANKS. 

Be it enacted, etc., as foHoivs : 
Savings banks Section 1. Any savinffs bank which has paid without 

to be reim- , "^ ~ -i f i t • 

bursed for cer- protcst a tax on its real estate used for banking purposes 
shall be reimbursed therefor from the treasury of the Com- 
monwealth for the amount so paid, upon application to the 



tain taxes 



1891. — Chapter 172. 765 

auditor of the Commonwealth, who, on satisfactoiy proof 
that the tax was paid, shall certify the account to the gov- 
ernor and council in the same manner as other claims 
against the Commonwealth. 

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

Airproved April 6, 1891. 

An Act making appropriations for certain expenses author- (J]i(ii).\l^ 

IZED THE PRESENT YEAR. 

Be it enacted^ etc., as follows : 

Section 1. The sums hereinafter mentioned are AppropnatioDs. 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified in certain acts and resolves of. the present year, 
to wit : — 

For the publication of a bulletin of committee hearings, Bulletin of 
a sum not exceeding one thousand dollars, as authorized by heluSgs!^ 
chapter one of the resolves of the present year. 

For printing extra copies of the report of the commis- Report of com- 

, , . If • 1 / 1 !_' luissioner on 

sioner on public records ot parishes, towns and counties, a public records 
sum not exceeding one hundred and twenty-five dollars, as o^ pa^si^es, etc. 
authorized by chapter five of the resolves of the present 
year. 

For the widow of the late Joshua Phippen, the sum of ]^i^°^'°^ 
four hundred and fifty-six dollars and ninety-nine cents, as Phippen. 
authorized by chapter six of the resolves of the present 
year. 

For expenses in connection with the topographical sur- Topographical 

1 I' -x T 1 jt !• -ix survey and 

vey and map or Massachusetts, a sum not exceeding eignty- map of 
five hundred dollars, as authorized by chapter seven of the ^^^^sachuBetts. 
resolves of the present year. 

For printino" additional copies of the report of the topo- Report of topo- 

. . ' . • t^raphical 

graphical survey commission, a sum not exceeding twenty- suWey commis- 
five dollars, as authorized by chapter eight of the resolves ^'°"' 
of the present year. 

For the estate of the late William Washburn, the sum of a^'J^walhti';!,. 
ten hundred and fifty dollars, as authorized by chapter nine 
of the resolves of the present year. 

For the trustees of the Massachusetts soldiers' home, the MaBsachusetts 
sum of twenty-five thousand dollars, as authorized by chap- 
ter fifteen of the resolves of the present year. 

For printing extra copies of the report of the state l)oard {foTrd' 0° "^iirbY.^ 
of arbitration, the sura of eighty-six dollars and twenty tration. 
cents, as authorized by chapter sixteen of the resolves of 
the present year. 



766 



1891. — Chapter 173. 



Rent of house 
numbered thir- 
teen Beacon 
Btreet. 



"Widow of 
Marcus Morton, 



State library. 



Harry chapiu. p^p HaiTy Chapin, the sum of three hundred dollars, 
as authorized by chapter twenty of the resolves of the pres- 
ent year. 

For the payment of rent at house numbered thirteen 
Beacon street, leased for the use of various state depart- 
ments, a sum not exceeding fifteen hundred dollars, as 
authorized by chapter twenty-one of the resolves of the 
present year ; being in addition to the forty-two hundred 
dollars appropriated by chapter thirty of the acts of the 
present year. 

For the widow of the late Marcus Morton, the sum of 
forty-three hundred and twenty-three dollars and sixty-six 
cents, as authorized by chapter twenty-two of the resolves 
of the present year. 

For clerical assistance for the state library, a sum not 
exceeding one thousand dollars, as authorized by chapter 
twenty-four of the acts of the present year ; being in addi- 
tion to the twenty-five hundred dollars appropriated by 
chapter two of the acts of the present year. 

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

A2)proved April 6, 1891. 

Chap.VIS ■^'^ -^CT TO INCORPORATE THE DORCHESTER HISTORICAL SOCIETT. 

Be it enacted, etc., as follows : 

Sectiox 1. Herbert S. Carruth, William H. Whitmore, 
James H. Stark, their associates and successors, are hereby 
made a corporation by the name of the Dorchester Histor- 
ical Society, in Boston, for the purpose of collecting, pre- 
serving and publishing information in regard to the history 
of that portion of the city of Boston which formerly con- 
stituted the town of Dorchester. 

Section 2. Said corporation may establish by-laws, 
by vote of a majority of its members at any meeting duly 
notified for the purpose, establishing conditions of mem- 
bership, duties and terms of officers and custody of its 
property, and other matters of corporate action. The 
persons named in section one, or a majority thereof, shall 
call the first meeting of the corporation. 

Section 3. Said corporation shall have the powers 
specified in section seven of chapter one hundred and 
fifteen of the Public Statutes and may have and use a 
common seal. 

Section 4. Whenever from any cause the number of 
the active members of said corporation shall remain for 



Dorchester 
Historical 
Society incor- 
porated. 



May establish 
by-laws, etc. 



Powers of 
corporation. 



Dissolution of 
corporation. 



1891. — Chapters 174, 175. 767 

the space of six months at less than twenty, upon the 
application of any person interested, the supreme judicial 
court may decree a dissolution of the corporation in the 
manner provided by section forty of chapter one hundred 
and five of the Public Statutes, and may order the disposal 
of its property and trusts. 

Section 5. This act shall take eil'ect upon its passage. 

Ap2^roved April 6, 1891. 

An Act relating to copies of certain records and plans (JJiap.Yl^: 

IN THE REGISTRY OF DEEDS FOR THE NORTHERN DISTRICT OF 
THE COUNTT OF BRISTOL. 

Be it enacted, etc., as follows : 

Section one of chapter one hundred and fifty-eight of a^ended.^ ^' 
the acts of the year eighteen hundred and ninety is hereby 
amended by striking out the word "ten", in the ninth 
line thereof, and inserting in place thereof the word : — 
fifteen, — so as to read as follows : — Section 1. The copies of 
county commissioners of the county of Bristol are hereby plans in regis- 
authorized and required to have made under their direc- n^therrcHs/"'^ 
tion, within three years from the passage of this act, depoguedin 
copies of all records and parts of records and plans registry for the 

,, TT , -, . , . ciTi'xi Bouthern dis- 

recorded and deposited in the registry ot deeds tor the trict. 
northern district of said county prior to the first day of 
July, eighteen hundred and thirty-seven, relating to titles 
of land in the southern district of said county, and suit- 
able indexes thereof, at an expense not exceeding fifteen 
thousand dollars ; and such copies and indexes so made 
shall be deposited in the registry of deeds for said south- 
ern district, to be there kept by the register of deeds of 
said district as other books of record are kept by him. 

Approved April 6, 1891. 

An Act relating to sittings of the superior court for the QJicip.VI5 

COUNTY OF BARNSTABLE. 

Be it enacted, etc., as follows : 

Section 1. The sitting of the superior court now Term of 
provided by law to be held at Barnstable, for the county ^n B^JnltaWe 
of Barnstable, on the Tuesday next after the first Monday ''°"°'y- 
of April shall be held on the Tuesday next after the second 
Monday of April. 

Section 2. This act shall take effect on the first day of 
July in the year eighteen hundred and ninety-one. 

Approved April 6, 1891. 



768 



1891. — Chapters 176, 177. 



Limits of fire 

district 

extended. 



Chdp.YJQ -A^N Act to extend the limits of the middleborough fire 

DISTRICT. 

Be it enacted, etc. , as folloios : 

Section 1. The limits of the Middleborough Fire Dis- 
trict, as established by section nine of chapter fifty-nine 
of the acts of the year eighteen hundred and eighty-four, 
are hereby extended so as to include the territory lying 
within the foUowino- metes and bounds, viz. : — Beginning 
at Acorn street at the point where the present line of the 
fire district crosses the said street and at the southeast 
corner of the tract herein described ; thence southerly in 
the line of Acorn street to Grove street ; thence westerly 
in the line of Grove street to a point nearly opposite the 
barn on the place known as the " Hartley Wood place " 
and in the line between the land of Edmund Thompson 
and Edward S. Hathaway ; thence in said Thompson and 
Hathaway's line south, about twenty-four degrees west, 
fifty-seven and one-half rods to the line of the land of 
Jacob Thomas ; thence westerly in the line of said Thomas 
and Hathaway's land about one hundred and twenty-four 
rods to the Nemasket river ; thence by said river north- 
easterly to the present line of the southerly side of said 
fire district ; thence in the line of said district to Acorn 
street to the point first mentioned. The territory lying 
within the above described bounds is annexed subject to 
all the rights, liabilities and powers belonging to the said 
fire district under said chapter. 

Section 2. This act shall take eflect upon its accept- 
majority vote of aucc bv a maiority of the qualified voters of the town of 
Middleborough present and votmg at any legal town- 
meeting, duly called for the purpose, following the pas- 
sage of this act. Approved April 6, 1891. 



Subject to ac- 
ceptance by a 



ChajJ.lll 



Distribution of 
the school fund. 



An Act relating to the distribution of the school fund. 

Be it enacted, etc., as follows : 

Section 1. One half of the annual income of the 
school fund of the Commonwealth shall be apportioned 
and distributed, without a specific appropriation, for the 
support of public schools, and in the manner following, 
to wit : — Every town complying with all laws in force 
relating to the distribution of said income and whose 
valuation of real and personal estate, as shown by the 
last preceding assessors valuation thereof, does not exceed 



1891. — Chapter 178. 769 

one half million dollars, shall annually receive two hundred Se'JehoolTund. 
and seventy-five dollars ; every such town whose valua- 
tion is more than one half million dollars and does not 
exceed one million dollars, shall receive two hundred 
dollars ; and every such town whose valuation is more 
than one million dollars and does not exceed two million 
dollars, shall receive one hundred dollars ; and every such 
town whose valuation is more than two million dollars and 
does not exceed three million dollars, shall receive fifty 
dollars. The remainder of said half shall be distributed 
to all towns whose valuation does not exceed three million 
dollars and whose annual tax rate for the support of pub- 
lic schools is not less than one sixth of their whole tax 
rate for the year, as follows : — Every town whose public 
school tax is not less than one third of its whole tax shall 
receive a proportion of said remainder expressed by one 
third ; every such town whose school tax is not less than 
one fourth of its whole tax shall receive a proportion 
expressed by one fourth ; every such town whose school 
tax is not less than one fifth of its whole tax shall receive 
a proportion expressed by one fifth ; and every such town 
whose school tax is not less than one sixth of its whole 
tax shall receive a proportion expressed by one sixth. 
All money appropriated for other educational purposes, 
unless otherwise specially provided, shall be paid from 
the other half of said income. If the income in any year 
exceeds such appropriations the surplus shall be added to 
the principal of said fund. 

Section 2. Section one of chapter twenty-two of the Repeal. 
acts of the year eighteen hundred and eighty-four is 
hereby repealed. Approved April 9, 1891. 

An Act to change the name of the congregational society QJidp.YIS 

OF AMESBURY AND SALISBURY MILLS VILLAGE. 

Be it enacted, etc., as follows: 

Section 1. The name of the Congregational Society Name changed. 
of Amesbury and Salisbury Mills Village, a corporation 
organized under the general laws of the Commonwealth, 
is hereby changed to the Main Street Congregational 
Society of Amesbury. 

Section 2. All devises, bequests, conveyances and fo®,^^^^j^|^',he" 
gifts heretofore or hereafter made to said corporation bv Main street 

• 1 /• • 1 1 11 • 1 -I r • ■■ J. /^ Consrei-Mtional 

either or said names shall vest in the Mam street Congre- society of 
gational Society of Amesbury. And all lawful acts here- a Ctrcon firmed. 



770 



1891. — Chapter 179. 



Watering of 
streets in cities 
exceeding thirtj- 
thousand in- 
habitants. 



Assessment of 
expense upon 
abutters. 



tofore done by said corporation under either of said names 
are hereby ratified and confirmed. 

Sectiox 3. This act shall take efi*ect upon its passage. 

A2yj)roved April 9, 1891. 

ChcipAlQ -A^N Act relating to the watering of streets in cities. 
Beit enacted, etc., as follows: 

Section 1. Any city the population of which exceeds 
thirty thousand as determined by the last preceding state 
or national census may annually appropriate money to 
water all or any of the public streets within its limits, 
or it may determine that such streets shall be watered in 
whole or in part at the expense of the abutters thereon ; 
and the method so determined upon shall apply through- 
out the city for that municipal year only. 

Section 2. If a city shall determine that the streets 
within its limits, or certain streets or portions of streets 
therein, shall be Avatered in whole or in part at the expense 
of the abutters, the expense of such watering shall be 
assessed upon the estates abutting on such street or por- 
tion of such street in proportion to the number of linear 
feet of each estate upon such street or portion thereof so 
watered. 

Section 3. The amount of such assessments upon each 
estate shall be determined in accordance with the pro- 
visions of section two, by the board of aldermen, board of 
public works, board of street commissioners, superin- 
tendent of streets, or other officer designated therefor by 
the city council of the city, and unless previously paid 
shall be certified by such board, superintendent or other 
officer, to the assessors or collector of taxes of the city 
who shall include the same in the next tax bill issued for 
an annual tax on such estate, and the same shall be a lien 
upon each such estate, and shall be considered as con- 
stituting a part of, and shall be levied, collected, and paid, 
or abated, in the same manner as the city taxes on real 
estate. 

Section 4. Any city the population of which does not 
exceed thirty thousand, which shall adopt the provisions 
of this section in lieu of the provisions of the preceding 
sections, by vote of its city council, may annually appro- 
priate and expend money for watering its public streets, 
and may provide that the board of aldermen or any munic- 
ipal board or committee charged with the expenditure of 



Assessments to 
be made by 
board of alder- 
men, etc. 



Watering of 
streets in cities 
of not exceed- 
ing thirty thou 
sand inhabi- 
tants. 



1891. — Chapters 180, 181. 771 

the appropriation may assess upon the estates abutting 
upon the streets so watered, the whole or a portion of the 
cost of such watering, and the amount of such assessments 
upon each estate unless previously paid shall be certified 
by such board or committee to the assessors or collector 
of taxes of the city who shall include the same in the next 
tax bill issued for an annual tax on such estate ; and the 
same shall be a lien upon such estate, and shall be con- 
sidered as constituting a part of, and shall be levied, col- 
lected, and paid, or abated, in the same manner as the city 
taxes on real estate. 

Section 5. Chapter three hundred and sixty-five of Repeal. 
the acts of the year eighteen hundred and ninety is hereby 
repealed. 

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

Approved April 10, 1891. 

An Act relating to primary declarations in naturalization (7Aai).180 

CASES. 

Be it enacted, etc. , as follows : 

Section one of chapter forty-five of the acts of the year ^^^^^^^^^m ^' 
eighteen hundred and eighty-six is hereby amended by '^ 
inserting after the words " superior court", in the third 
line thereof, the words: — and in district, police and 
municipal courts having jurisdiction of naturalization, — 
so as to read as follows: — Section 1. Primary declara- Primary decia- 
tions of intention of aliens to become citizens of the United raiSziuon cases. 
States may be filed in the supreme judicial court and the 
superior court, and in district, police and municipal courts 
having jurisdiction of naturalization, at any time, and the 
requisite oath administered by the clerk at the time of 
such filino;. A record of the same shall be entered in the 
docket of the court. Approved April 10, 1891. 

An Act relating to certain officers in attendance upon (J]iar>.\^\ 

THE supreme judicial COURT FOR THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as folloivs : 

Section 1 . The deputy sheriffs and constables in otucors in at- 
attendance as oflBcers upon the supreme judicial court for thecolmto"*" 
the county of Suftblk shall, while on duty in said court, -e'"- uniforms. 
wear uniforms to be designated by the sheriff of said 
county, and shall be allowed and paid to provide such 
uniforms the sum of one hundred dollars each annually. 



772 



1891. — Chapter 182. 



Suburban Rail- 
road Company 
incorporated. 



Location of 
railroad. 



in addition to the salary allowed b}^ law to such officers, 
such sums to be paid by said county. 

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

Approved Aiyril 10, 1891. 

Chcf,p.\S2i An Act to incorporate the suburban railroad company. 

Be it enacted, etc. , as foUoivs : 

Section 1. Edward E. Pratt, Francis Peabody, junior, 
Royal E. Robbins, Francis V. Parker and John Bryant, 
their associates and successors, are hereby made a corpo- 
ration by the name of the Suburban Railroad Company ; 
with all the powers anid privileges and subject to all the 
duties, restrictions and liabilities set forth in the general 
laws which now are or may hereafter be in force relating 
to railroad corporations, except as hereinafter provided. 

Section 2. Said corporation is hereby authorized to 
locate, construct, maintain and operate a railroad with one 
or more tracks, commencing at a point near Cook street in 
the city of Newton, at or near the terminus of the Woon- 
socket division of the New York and New England rail- 
road ; thence running through the city of Newton and the 
town of Brookline to a suitable point in the city of Boston 
on the said New York and New England railroad, at or 
near the station on said New York and New England rail- 
road called Mount Bowdoin, by an expedient and feasible 
route through and in the town and cities herein named, 
and to transport and carry persons and property by steam, 
mechanical or such other power, as said corporation may 
choose to apply : provided, and upon condition that said 
railroad shall not cross any other railroad or public high- 
way at grade without the consent of the railroad com- 
missioners ; and pi'ovided, farther, that the provisions of 
chapter one hundred and twelve of the Public Statutes 
relative to grade crossings over public ways and highways 
shall be applicable to all crossings over such ways. 

Section 3. The capital stock of said corporation shall 
be seven hundred and fifty thousand dollars, with the priv- 
ilege of increasing the same at the pleasure of the corpora- 
tion to an amount not exceeding one million 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 corporation 
whenever the sum of two hundred and fifty thousand dollars 



Provisos. 



Capital stock 
and shares. 



First meeting of 
stockholders. 



1891. — Chapter 183. 773 

has been subscribed to the capital stock, to choose directors 
and to perfect the organization of said corporation ; and 
whenever said organization shall have been so perfected it 
may proceed to begin the construction of the railroad as 
hereinbefore specified. 

Section 5. Said railroad company may make any law- May lease its 
ful contract with the said New York and New England York and New 
Kailroad Company in relation to its business or property fJadc'ompaDy. 
and may lease its property and franchise to said New York 
and New England Railroad Company ; and the latter com- 
pany is hereb}^ authorized to lease said railroad and to 
guarantee the payment of both the principal and interest 
on the bonds of said Suburban Railroad Company which 
may be issued as hereinafter provided, said interest not 
to exceed five per centum per annum ; and the said New 
York and New England Railroad Company ma}' make with 
said Suburban Railroad Company such other contracts to 
secure the construction and lease of the same as the stock- 
holders of the company may authorize. 

Section 6. Said railroad company may borrow money Mayissuebonds 
for any lawful purpose, and may l)y vote at a meeting duly f." r^das' 
called for the purpose issue coupon or registered bonds payment!'*' 
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, to an amount not exceed- ;\'ceTd"$75o,o(K». 
ino; seven hundred and fiftv thousand dollars ; such bonds 
shall conform and be subject to, and said company shall 
issue the same in conformity with, all laws authorizing and 
regulating the issue of bonds by railroad companies. 

Section 7. Said suburban railroad shall be located ^°thfn'two*^'^ 
within two years and constructed within three years from years and 

.^ ... constructed 

the date of the passage ot this act. within three 

Section 8. This act shall take effect upon its passage. ^''*"*' 

Approved April 10, 1891. 

An Act to provide for the abandonment of the ironstone Qfinrry 183 

STATION AND TO ESTABLISH A NEW STATION AT SOUTH UXBRIDQE 
ON THE NEW YORK AND NEW ENGLAND RAILROAD. 

Be it enacted, etc., as folloivs : 

Section 1. The board of railroad commissioners is Railroad station 
hereby authorized, at any time prior to the first day of uxbrTdge. 
January in the year eighteen hundred and ninety-two, to 
allow the New York and New England Railroad Company 



774 



1891. — Chapters 184, 185. 



Hearing to be 
given before 
abandonment 
and relocation. 



to abandon its station known as Ironstone, on its main 
line, and to locate the same at some convenient point, to 
be designated by the board, near Jackson's crossing in the 
town of Uxbridge. 

Section 2. Before authorizing such abandonment and 
relocation said board shall give a hearing, after such public 
notice as it may deem proper, to all parties interested, 
and if it grants such authority may impose upon said New 
York and New England Railroad Company such terms 
and conditions as it may consider just and equitable to all 
parties concerned. 

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

Approved Ajyril 11, 1891. 



C^ai?. 184 -^ -^^"^ "^^ AUTHORIZE THE NORTH EASTON VILLAGE DISTRICT TO 
ISSUE ADDITIONAL WATER BONDS, NOTES OR SCRIP. 



May increase 
amount of 
bonds, etc., to 
$90,000. 



To be author- 
ized by a two- 
thirds vote. 



Be it enacted, etc., as follows: 

Section 1 . The North Easton Village District is hereby 
authorized to increase the amount of bonds, notes or scrip 
which may be issued under the provisions of chapter one 
hundred and sixty-nine of the acts of the year eighteen 
hundred and eighty-seven from seventy-five thousand to 
ninety thousand dollars. 

Section 2. No bonds shall be issued or liabilities 
incurred 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 11, 1891. 



p. 8.81, §1, 
aniended. 



C'^«7).185 An Act relating to the promotion of anatomical science. 
Be it enacted, etc., as follows : 

Section 1. Section one of chapter eighty-one of the 
Public Statutes is hereby amended by inserting in the first 
line thereof, before the word " town", the words : — city 
or, — by striking out after said word " town", the words 
"the mayor and aldermen of a city and", by inserting 
after the word " almshouse", in the third line of said sec- 
tion, the words : — and the state workhouse, and the com- 
missioners of public institutions in the city of Boston, — 
by striking out in the fifth line, the word "or", before 
the word "almshouse", and inserting after it the words : — 
workhouse, or public institution of the city of Boston, — 



1891. — Chapter 186. 775 

so as to read as follows : — Section 1. The overseers of KeniXTtJ 
the poor of a city or town, the trustees and superintend- take dead bodies 

1 •' ' •■ 1 "^ cevtam cases. 

ent of the state almshouse and the state workhouse, and 
the commissioners of public institutions in the city of Bos- 
ton, may to any physician or surgeon, upon his request, 
give permission to take the bodies of such persons dying 
in such town, city, almshouse, workhouse, or public insti- 
tution of the city of Boston, as are required to be buried 
at the public expense, to be by him used within the state 
for the advancement of anatomical science ; preference 
being given to medical schools established by law, for their 
use in the instruction of students. 

Section 2. Section four of the said chapter eighty- p. s. si, § 4, 
one is hereby amended by striking out in the second line 
thereof, the words " twenty-four hours", and inserting in 
their place the words: — three days, — so as to read as 
follows : — iSection 4. If the deceased person, during his whenphysi- 

•,.., ^,. -, ^ij_ii'i ciaus are not to 

last sickness, ot his own accord requested to be buried, or be permuted to 
if, within three days after his death, any person claiming bo'cuel!^'^ 
to be and satisfying the proper authorities that he is a 
friend or of kindred to the deceased asks to have the body 
buried, or if such deceased person was a stranger or 
traveller who suddenly died, the body shall not be so sur- 
rendered, but shall be buried. 

Section 3. Section three of chapter eighty-one of the Repeal. 
Public Statutes is hereby repealed. 

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

Approved April 11, 1891. 

An Act authorizing the fire district of the town of dalton (7/^^n.l8(5 

TO ISSUE additional BONDS. 

Be it enacted, etc., as foUoios : 

Section 1. The Fire District of the town of Dalton, Fire District of 
for the purpose of enlarging, extending and repairing its iss^e^addmonai 
water works and increasing its water supply, is hereby ^°°''^' 
authorized and empowered to issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate ten thousand dollars, the same to be in addition 
to the amount of bonds, notes and scrip authorized by 
chapter one hundred and thirty-seven of the acts of the 
year eighteen hundred and eighty-four and subject to the 
provisions, conditions and restrictions in said chapter. 

Section 2. The town of Dalton may, upon a two- TownofDaiton 
thirds vote of the legal voters present and voting thereon pay^nfen't?"'^" 



77(3 1891. — Chapters 187, 188, 189. 

at a legal meeting called for the purpose, guarantee the 
payment of said bonds, notes or scrip. 

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

Aj[)2}roved April 11, 1891. 

CJldJy. ^S7 An Act to provide for the returns of prison expenses. 
Be it enacted, etc., as folloivs : 

urTrsTora^Jke Each couutj trcasurcr shall annually on or before the 

of prfsra^e^x"* fifteenth day of October make to the commissioners of 

penBestocom- prisons, upou blanks to be furnished by them, a return of 

pnsone. all sums paid by him and ot all sums received by him 

on account of any jail or house of correction for the year 

ending on the thirtieth day of September preceding the 

date of such return. Ajjproved April 11, 1891. 

Chci/KlSS An Act relating to notice of diseases dangerous to public 

HEALTH. 

Be it enacted, etc., as folloivs : 

amended?'^' SECTION 1. Scctiou two of chapter niucty-cight of the 

acts of the year eighteen hundred and eighty-four is hereby 

amended by inserting after the word "thereof", in the 

■fourth line, the words : — in writing over his own signa- 

noJfytoarcrof ^urc, — SO as to I'cad as follows : — Section 2. When a 

health, etc., of phvsician knows that a person whom he is called to visit 

diseases danger- fr- i-i n ->• i ^ • 

ens to public is infected with small-pox, diphtheria, scarlet-fever or any 
other disease dangerous to the public health, he shall 
immediately give notice thereof in writing over his own 
signature to the selectmen or board of health of the town ; 
and if he refuses or neglects to orive such notice he shall 
forfeit for each offence not less than fifty nor more than 
two hundred dollars. 

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

Approved April 11, 1891. 

C%«2?.189 An Act to authorize the formation of corporations for 
the purpose of generating and furnishing hydrostatic 
pressure for mechanical power. 

Be it enacted, etc., as folloivs: 

Trnfuded^^^' SECTION 1. Section eleven of chapter one hundred 
and six of the Public Statutes is herel)y amended I)}' 
inserting after the word " power", in the third line of said 
section, the words : — or for the purpose of generating and 
furnishing hydrostatic pressure for mechanical power, — 



1891. — Chapters 190, 191. 777 

also by striking out before the word " of", in the fourth 
line thereof, the words " either or both", and inserting in 
place thereof the words : — any two or more, — so as to 
read as follows : — Section 11. For the purpose of mak- Formation ©f 

Ti,. /'tij r'ji /> j_ corporations for 

ing and selling gas tor light, or tor the purpose ot generat- fumishibg, etc., 
ing and furnishing steam or hot water for heating, cooking, water'or'h'j^ro- 
and mechanical power, or for the i)urpose of generating static pressure. 
and furnishing hydrostatic pressure for mechanical power, 
in any city or town, or for any two or more of said pur- 
poses, ten or more persons may associate themselves, with 
a capital of not less than five thousand nor more than five 
hundred thousand dollars. 

Section 2. This act shall not in any way aft'ect the Pjs'^'f ""'^'-T 

. • 1 1 • 1885, 240, not 

right of persons to associate themselves as a corporation affected. 
under the provisions of chapter two hundred and forty of 
the acts of the year eighteen hundred and eighty-five, nor 
the rights of corporations formed under said chapter. 
Section 3. This act shall take efi'ect upon its passage. 

Approved April 11, 1891. 

Ak Act to establish the salary of the clerk of the fourth (JJlup.Vd^) 

DISTRICT COURT OF PLYMOUTH. 

Be it enacted, etc., as folloios : 

The salary of the clerk of the fourth district court of ^^jfj/'^^*^- 
Plymouth shall be five hundred dollars a year, to be so 
allowed from the first day of April in the year eighteen 
hundred and ninety-one. Apju-oved April 11, 1891. 

An Act in relation to the printing and distribution of the n'l.f^Yi 1Q1 

REPORTS OF the STATE BOARD OF ARBITRATION AND CONCILI- ^ 

ATION. 

Be it enacted, etc., asfolloivs: 

Section seven of chapter four hundred and forty of the Printing and 
acts of the year eighteen hundred and eighty-nine is ^lport.""°"°^ 
hereb}' amended by striking out in the one hundred and 
third and the one hundred and fourth lines of said section, 
the words " report of ])oard of arbitration and conciliation, 
one thousand five hundred copies", and inserting in place 
thereof the following words : — report of board of arbitra- 
tion and conciliation, two thousand copies, eight hundred 
thereof to be distributed under the direction of said board. 

A2)proved April 11, 1891. 



778 1891. — Chapters 192, 19,3, 194. 



Chap. 192 An Act to provide for the disposition of certain money 

RECEIVED BY THE TREASURER AND RECEIVER-GENERAL OF THE 
COMMONWEALTH FROM THE BOARD OF METROPOLITAN SEWERAGE 
COMMISSIONERS. 

Be it enacted^ etc., as foUoius : 

b^°bfddi°8^to^be Section 1. Any money which has been or may be 
applied to pay- collected 01' I'ecciv'ed by the treasurer and receiver-oeneral 

ment of interest ,' ,\ /-^ i i c i i i -i n • i ^i 

of loan issued 01 the Comiiionwealth trom checks deposited with the 

under 18SU, 439. i ^ c j. Vi. •• ii-ii 

board ot metropohtan sewerage commissioners by bidders 
for work, and by said board declared forfeited, and any 
and all sums collected or received by said treasurer and 
receiver-general for breach of any condition of any con- 
tract made with said board, shall be applied to the pay- 
ment of interest upon the loan issued under authority of 
chapter four hundred and thirty-nine of the acts of the 
year eighteen hundred and eighty-nine, known as the 
metropolitan sewerage loan. 

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

Approved April 11, 1891. 

Chap. 193 An Act providing for the printing and distribution of the 

REPORT OF STATISTICS OF MANUFACTURES. 

Be it enacted, etc., as folloivs: 
Printing and Section 1. There shall be printed annually six thou- 

distnbution of -\ • i^ ^ , . . r. . 

report. saud copics of the report ot statistics of manufactures, to 

be distributed as follows : one copy to each of the clerks 
of both branches of the general court and to each reporter 
assigned a seat in either branch, five copies to each mem- 
ber of the general court, and the remaining copies as pro- 
vided in section ten of chapter four hundred and forty of 
the acts of the year eighteen hundred and eighty-nine. 
Section 2. This act shall take efiect upon its passage. 

Approved April 11, 1891. 

Chctp.194: An Act concerning the better protection of infants. 
Be it enacted, etc., as folloivs . • 

1889, 309, §2, Section 1. Section two of chapter three hundred and 

nine of the acts of the year eighteen hundred and eighty- 
nine is hereby amended by inserting after the word 
"board", in the first line of said section, the following 
words : — or for the purpose of procuring adoption, — so 

Protection of as to I'cad as follows: — /Section 2. Every person who 
receives for board or fur the purpose of procuring adop- 



1891. — Chapter 195. 779 

tioD an infant under the age of one year shall use clue dili- 
gence to ascertain whether or not such infant is illegitimate ; 
and if he knows or has reason to believe it to be illegiti- 
mate, shall forthwith notify the state board of lunacy and 
charity of the fact of such reception ; and said board and 
its officers or agents ma^^ enter and inspect any building 
where they may have reason to believe that any such ille- 
gitimate infant is boarded and remove such infant when in 
their judgment such removal is necessary, by reason of 
neglect, abuse or other cause, in order to preserve the 
infant's life ; and such infant so removed shall be in the 
custody of said board of lunac}' and charit}', which shall 
make provisions therefor according to law. 

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

Approved April 11, 1891. 

An Act to authorize foreign life insurance companies to (JJian.\Q5 

TRANSACT THE BUSINESS OF ACCIDENT INSURANCE. 

Be it enacted 1 etc., as follows : 

Section 1. Section eighty of chapter two hundred amendld.^^°' 
and fourteen of the acts of the year eighteen hundred and 
eighty-seven, as amended by chapter three hundred and 
fifty-six of the acts of the year eighteen hundred and eighty- 
nine, is hereby amended by inserting after the word "the", 
in the fifth line of said section, the word : — sole, — also 
by inserting after the Avord "company", in the eleventh 
line thereof, the words : — and any company, domestic or 
foreign, engaged in the Commonwealth in the sole busi- 
ness of life insurance may in connection therewith also 
engage in the business of insuring against bodily injury 
or death by accident, by increasing its capital to the 
amount now required of two separate companies now 
engaged in either one of these two classes of business, — 
also by striking out the word "both", in the thirteenth 
line of said section, and inserting in place thereof the 
words : — any two, — and by striking out the word " two", 
in the fifteenth line of the section aforesaid, so as to read 
as follows : — Section 80. No foreign insurance company certain com. 
hereafter admitted to do business in the Commonwealth {ransacrmore 
shall be authorized to transact raore than one class or kind o'j'^uind of^''^* 
of insurance therein. But any company, domestic or insurance. 
foreign, engaged in this Commonwealth in the sole busi- 
ness of insuring against bodily injury or death by accident 
may in connection therewith also engage in the business 



780 1891. — Chapters 196, 197. 

of insuring against the liability of employers for injuries to 
persons in their employment, by increasing its capital to 
the amount now required by law as the capital of such 
employers' liability insurance company ; and any company, 
domestic or foreign, engaged in the Commonwealth in the 
sole business of life insurance may in connection there- 
with also engage in the business of insuring against bodily 
injury or death by accident, by increasing its capital to 
the amount now required of two separate companies 
engaged in either one of these two classes of ])usiness ; 
and no company now or hereafter admitted shall be allowed 
to transact any two of said classes of business unless it 
possesses an aggregate capital equal to that required of 
two separate companies engaged in either one of these 
classes of business. 

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

Approved April 13, 1891. 

C'AC?X).196 -^^ -^^^ AMENDING AN ACT TO EXPEDITE THE SETTLEMENT OF 

CLAIMS FOR PENSIONS. 

Be it enacted, etc., as folloios: 
Clerical assist- SECTION 1. The statc pcHsion Egcut shall be furnished 

ance and travel- -ii rf i-i • i Ti- 

ling expenses With a suitable office, clerical assistance, and travellins^ 

for tlie state • 

pension agent, cxpcuses whcu iiecessaiy to visit Washington, and may 
expend for such purposes and all other expenses necessary 
to the proper performance of his duties such sum as the gen- 
eral court may appropriate each year ; bills thus incurred 
shall be approved by the adjutant-general and audited by 
the state auditor. 

Repeal. Section 2. Scctious two, four and five of chapter three 

hundred and ninety-six of the acts of the year eighteen 
hundred and eighty-eight are hereby repealed. 

Amount which Section 3. A suiu uot exceeding two thousand dollars 

lUfiV uG GX- 

pended the may bc cxpcndcd the present year for the purposes men- 
piesen year, ^JQj^g(j jq scctiou ouc of this act, in addition to the amounts 
heretofore appropriated. 

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

Approved April 13, 1891. 

ChdV.IQl •^^ -^^^ "^^ AUTHORIZE THE CITY OP TAUNTON TO CEDE LAND TO 
THE UNITED STATES FOR A POST OFFICE BUILDING. 

Be it eyiacted, etc., asfolloivs: 

u.^s. "inland Section 1. The city of Taunton is hereby authorized 

for a post office to ccdc to the United States of America such portion of 
Taunton. the land owned by said city of Taunton, at or near Taun- 



1891. — Chapteks 198, 199. 781 

ton green in said Taunton, as may be required for the 
construction and improvement of a post office building, 
as provided by the acts of congress of the United States 
relating thereto ; subject, nevertheless, to the provisions Provisos. 
of section four of chapter one of the Public Statutes and 
any amendment thereof; and provided, further, that the 
jurisdiction of the United States shall not include any part 
of the streets by which said land may be bounded, if said 
streets are public highways. 

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

Ajyj) roved April 14^ 1891. 

An Act to authorize the town of weymouth to make an (JJiavA'^S 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as folloios : 

Section 1. The town of Weymouth, for the purposes weymouthmay 

.. 1. .. n i>ii ^ 1 ^ ^ make an addi- 

mentioned m section tour ot chapter one hundred and tionai water 
seventy-four of the acts of the year eighteen hundred and '"^^°' 
eighty-one, may issue notes, bonds or scrip, to be denomi- 
nated on the face thereof Weymouth Water Loan, to an 
amount not exceeding fifteen thousand dollars in addition 
to the amount heretofore authorized by law to be issued 
by said town for the same purposes. Said notes, bonds or 
scrip shall be issued upon the same terms and conditions 
and with the same powers as are provided in said act for 
the issue of the Weymouth water loan by said town : ^yro- May seii securi- 
vided, hoivever, that the said town may sell such securities pdvate^saie.'^ °^ 
at public or })rivate sale, or pledge the same for money 
borrowed for the purposes of this act, upon such terms and 
conditions as it may deem proper ; and provided, also, that whoie amount 

^ II' X . . , , ot loan uot to 

the whole amount of such notes, bonds or scrip issued by exceed $415,000. 

said town, together with those heretofore authorized to be 

issued by said town for the same purposes, shall not in any 

event exceed the sum of four hundred and fifteen thousand 

dollars. 

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

Approved April 14, 1891. 

An Act to incorporate the state street safe deposit and njinrr) 199 
trust company. - "' 

Be it enacted, etc., as follows: 

Section 1. Royal E. Robbins, Benjamin F. Stevens, state street 
Edward Atkinson, Charles A. Welch, Benjamin F. Brown, and'T^r" 
Thomas O. Richardson, William L. Chase, Jerome Jones, fn°o?pora*ted. 



782 1891. — Chapters 200, 201. 

George E. Keith, Otis E. Weld, Joseph B. Russell, Henry 
B. Endicott, Charles E. Sampson, Francis B. Sears, Fred- 
erick S. Davis and Moses Williams, their associates and 
successors, are hereby made a corporation by the name of 
the State Street Safe Deposit and 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 which now are or may hereafter be in force 
relating to such corporations. 

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

[The foregoing teas laid before the Governor on the eighth 
day of April, 1891, and after five days it had the ^^ force of a 
laio," as prescribed by the Constitution, as it icas not returned by 
hi7n ivith his objections tcithin that time.^ 

Chaf).200 An Act relating to sentences of prisoners in the Massachu- 
setts REFORMATORY. 

Be it enacted, etc., asfoUoivs: 

ltiBouershi\he Whcu a prisoner serving a sentence in the Massachu- 
Massachusetts sctts reformatory is convicted of an ofience punishable by 

reformatory. . . . •' . >■ . «' 

nnprisonment in the state prison or house of correction, 
the court may impose such sentence of imprisonment in 
the state prison or house of correction as is authorized by 
law, and may order that the same take effect forthwith not- 
withstanding the former sentence, and the prisoner shall be 
removed accordingly, and shall be released at the expira- 
tion of said last named sentence. 

Approved Apiril 17, 1891. 

C}lClV''2iO\ ^^ ^^^ "^^ INCORPORATE THE SECURITY LIVE STOCK INSURANCE 

COMPANY. 

Be it enacted, etc., as follows : 
Security Live Section 1. Thouias H. McDonncll, William D. Webb, 

Stock Insurance -p^ . ./-.i-t o^r-r-. 

Company, in- ± raucis J . McLaughlui, John A. (jralvin, James S. McDon- 
coiporae . xifiW, Jamcs H. Camcy and John P. Leahy, their associates 
and successors, are hereby made a corporation by the name 
of the Security Live Stock Insurance Company, for the 
purpose of insuring against the loss of live stock b}^ death ; 
with power to carry out its purpose in the manner, by the 
plan, and with the methods, officers and agents, to be pre- 
scribed in its by-laws. 
dutTeT """^ Section 2. Said corporation shall possess all the pow- 

ers and privileges and be subject to all the duties, liabili- 



1891. — Chapter 202. 783 

ties and restrictions set forth in the general laws which 
now are or ma}' hereafter be in force relating to life and 
casualty insurance on the assessment plan, or to assess- 
ment insurance, so far as the same may be applicable 
thereto, except as hereinafter provided. 

Section 3. Said corporation shall not issue a policy or Nottoiesuea 

, . ^ ., . , . ^ I • \l • J? policy until 

certmcate or msurance until it has received applications tor $40,000 insur- 
insurance amounting to at least forty thousand dollars, but appuerforf" 
no fixed number of applicants shall be required. 

Section 4. Said corporation shall not be subiect to Certain pro- 

,1 . . ft 11 T • j^' i Visions of law 

those provisions ot the general laws named in section two not applicable. 
of this act which require the accumulation of an emergency 
fund, or relate to the form of policy or certificate, the mat- 
ter to be printed therein or annexed thereto, or the style 
of type used therein. 

Section 5. This act shall take eflect upon its passage. 

Approved April 17, 1891. 

An .A.CT TO PROVIDE FOR THE APPORTIONMENT OF THE EXPENSE (JJiap.202 
OF CONSTRUCTING A CERTAIN HIGHWAY IN THE CITY OF SALEM 
AND TOWN OF PEABODY. 

Be it enacted, etc., as follows: 

Section 1. In case the county commissioners of the Apportionment 
count}' of Essex shall lay out a highway from Grove street constructing 
in the city of Salem to Walnut street m the town of Pea- city"of"s^iiem 
body, under the authority of chapter fifty-four of the acts ^"eaiS".°^ 
of the year eighteen hundred and ninety, and shall require 
said city and town to construct said way, said county com- 
missioners shall, within one year after the construction of 
said way shall have been completed and ujion a hearing of 
which reasonable notice shall be given to said city and town, 
determine the amount of expense, including land damages, 
incurred in the construction of said way, specifying sepa- 
rately the portion thereof incurred by said city and the por- 
tion thereof incurred by said town. Upon making such 
determination said county commissioners shall at once give 
notice thereof, stating the amounts determined, to said 
city and to said town ; and thereupon there shall be paid 
from the treasury of said count}^ to said city and town 
one third of the amount of the expenses of each respec- 
tively according to said determination, and said city and 
town shall respectively appropriate and reimburse each to 
the other one third of the expenses incurred by the latter 
according to said determination. If within one year from 



784 1891. — Chapteks 203, 204, 205. 

the time of said determination either said cit}^ said town 
or said county shall fail to make any payment hereby 
required, the town or city to which said pa3'ment is 
hereby required to be made, may recover the same from 
the delinquent city, town or county in an action of 
contract. 

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

Approved April 17,, 1891. 

Chap.20S An Act relating to the fisheries in weweantit river. 

Be it enacted, etc., as follows: 

amlndtd.^^' Section 1. Scctiou three of chapter one hundred and 

forty-one of the acts of the year eighteen hundred and 

seventy-seven is hereby amended by striking out the 

words " sawdust or other obstruction to the free passage 

of the said fish or any ", so as to read as follows : — Sec- 

ciusfng or^per- tio)i 3. Any pcrson or persons, company or corporation 

uves'ifbs'tances" ^^^^ ^^'^ causc Or permit any drugs, dye-stuff's, acids, 

in river. alkalics or any other substance destructive of the life of 

shad or alewives, to be deposited in or flow into said river 

or its tributaries at any time of the year shall pay a fine of 

twenty-five dollars for each and every oifence so committed. 

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

Approved April 17, 1891. 

(Jh(ip.'2i04: An Act relating to the making up and shifting of freight 

TRAINS AND THE SOUNDING OF LOCOMOTIVE WHISTLES. 

Be it enacted, etc., as follows: 

^ei^'hurifins Section 1. The board of railroad commissioners, for 

fnsof"ioTOmo- gootl causc shown, on petition and after notice to any 

live whistles, railroad company and a public hearing had thereon, may 

recommend to such railroad compan}'^ such changes as it 

deems proper in the manner of making up and shifting 

freioht trains or freio-ht cars, and to the sounding of 

whistles on locomotives. 

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

Approved April 17, 1891. 

Chcin.^iO^ -^N Act to extend the limits of the foxborough water 

SUPPLY DISTRICT. 

Be it enacted, etc., as folloios: 
Limits of Fox- Section 1. The inhabitants of the town of Foxborough 
Supply District residing southerly of the northerly lines of the real estate 
extended. owncd by the Commonwealth on Chestnut street in said 



1891. — Chapter 206. 785 

town, and easterly of Main street and of North street, and wlu°'su|piy 
westerly of the northern division of the Old Colony rail- District. 
road, and northerly of the limits of the Foxborough Water 
Supply District as incorporated by chapter one hundred 
and ninety-six of the acts of the year eighteen hundred 
and seventy-nine, are hereby annexed to and made a part 
of the said Foxborough Water Supply District, and shall 
hereafter be entitled to enjoy all the rights and privileges 
and be subject to all liabilities originally conferred and 
imposed upon said district by the said act of incorporation 
and by chapter one hundred and sixty-two of the acts of 
the year eighteen hundred and ninety ; and all lands and 
other estate included within said limits, together with all 
the portions of said Main street, Chestnut street and North 
street lying contiguous thereto, shall hereafter be treated 
and affected in all ways and to all intents and purposes, 
as if originally included within the limits of said district 
as at first incorporated ; and hereafter all references and 
allusions in said chapters one hundred and ninety-six and 
one hundred and sixty-two to "the district", "said dis- 
trict ", " said water supply district ", and " the Foxborough 
Water Supply District", shall be construed and inter- 
preted as applying to the whole district, including that 
part thereof hereby annexed to and made a part thereof. 

Section 2. This act shall take effect when accepted by subject to ac- 
a majority of the legal voters of said district present and m^oTityvote. 
voting thereon at a legal meeting called for that purpose. 

Approved April 17, 1891. 

An Act to further regulate the borrowing of money by QJicip.20Q 

THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston shall not borrow any Borrowing of 
money for purposes taken into account in determining its regulated. 
debt limit unless the mayor shall in writing certify upon 
the order authorizing the loan that the amount intended 
to be so borrowed is not, in his opinion, to meet a current 
expense, or that such money is to meet a current expense, 
but that public necessity requires the borrowing of the 
same. 

Section 2. No transfer from any fund obtained l>y a Transfer of 
loan shall be made unless the mayor shall in writing cer- "at°ed? '^^^"' 
tify upon the order authorizing the transfer that such 
transfer is not, in his opinion, to meet a current expense, 



786 1891. — Chapters 207, 208. 

or that such transfer is to meet a current expense, but 
that public necessity requires such transfer to be made. 
Section 3. This act shall take efiect upon its passage. 

Approved April 17, 1891. 

Ch(ip.207 ^^ ^^"^ "^^ AUTHORIZE THE BOSTON AND LOWELL RAILROAD COR- 
PORATION TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., asfollotos: 
StS'tock'"' Section 1. The Boston and Lowell Railroad Corpo- 
®'^'=- ration is hereby authorized to increase its capital stock 

by an amount not exceeding one million dollars. The 
stock hereby authorized, or any part thereof, shall be 
issued and sold at public auction from time to time 
in the manner provided by section fifty-nine of chapter 
one hundred and twelve of the Public Statutes ; and the 
proceeds thereof shall be applied to paying for permanent 
additions to, or improvements upon, the road and prop- 
erty of said Boston and Lowell Railroad Corporation, 
made or to be made pursuant to the provisions of its lease 
to the Boston and Maine Railroad dated the twenty- 
second day of June in the year eighteen hundred and 
eighty-seven. 

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

A]}proved April 17, 1891. 



Clia]} 



.208 -^N Act TO AUTHORIZE THE HOOSAC TUNNEL AND WILMINGTON 
RAILROAD COMPANY TO INCREASE ITS CAPITAL STOCK AND PUR- 
CHASE OR LEASE AND OPERATE THE DEERFIELD VALLEY RAIL- 
ROAD IN THE STATE OF VERMONT. 

Be it enacted, etc., as follows : 
fr7eF,Vthe^^ Section 1. The Hoosac Tunnel and Wilmington 
Deerfieid Railroad Company is hereby authorized to purchase or 

Valley Railroad i , /. i i i • • i j. • 

in the state of Icasc, aud thereafter to hold, mamtain and operate in 
connection with its railroad, the Deerfieid Valley Railroad 
in the state of Vermont, and to consolidate its railroad 
therewith under the name of the Hoosac Tunnel and Wil- 
mington Railroad Company, upon such terms and condi- 
tions as may be agreed upon between the directors of the 
said two companies and ratified b}^ the stockholders of 
said companies at a meeting duly called for that pur- 
pose. 

Stii stock."' Section 2. The Hoosac Tunnel and Wilmington Rail- 
road Company, for the purpose of improving its existing 
railroad line, purchasing equipment therefor and increas- 



1891. — Chapters 209, 210. 78T 

ing its facilities for transportation, may increase its capi- Amount. 
tal stock by an amount not exceeding thirty thousand 
dollars ; and, if the purchase of and consolidation with 
the Deerfield Valley Railroad shall be effected as author- 
ized in the first section of this act, for the purpose of 
such purchase and consolidation and for the purpose of 
improving the whole line, purchasing equipment and 
increasing its facilities for transportation, may increase its 
capital stock to an amount not exceeding two hundred and 
fifty thousand dollars, inclusive of the sum above stated 
in this section but not in addition thereto, so that the 
whole capital stock of the consolidated road shall not 
exceed the sum of two hundred and fifty thousand dollars. 

Section 3. The Hoosac Tunnel and Wilmington Rail- bonds!^"^ 
road Company, for the purpose of carrying out the pro- 
visions of this act, is here))y authorized to issue bonds 
upon its existing railroad, and if the Deerfield Valley Rail- 
road be purchased and consolidated as herein provided, 
then upon the whole line to an amount not exceeding eight 
thousand dollars per mile for narrow gauge track and 
fifteen thousand dollars per mile for standard gauge track ; 
said bonds to be issued, recorded and approved in accord- 
ance with the provisions of section sixty-two of chapter 
one hundred and twelve of the Public Statutes and acts 
amendatory thereof: provided, that in either case the Proviso. 
amount of bonds so issued shall not exceed the capital 
stock authorized l)y this act. 

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

Approved April 17, 1891. 

An Act to prohibit the employment of prisoners outside (J/ia7).20Q 

THEIR PLACES OF CONFINEMENT. 

Be it enacted, etc, , as follows : 

Section 1. A prisoner serving a sentence in any state Employment of 
institution shall not be employed outside the precincts of restricted. 
such institution in any mechanical or skilled labor for pri- 
vate parties. 

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

Approved April 17, 1891. 

An Act to provide against depredations by the insect known Q/iar).2il0 

AS THE OCNERIA DISPAR OR GYPSY MOTH. 

Be it enacted, etc., as follows: 

Section 1. The state board of agriculture is hereby Extermination 
authorized, empowered and directed to provide and carry dispar or gypsy 

moth. 



788 



1891. — Chapter 210. 



Remedy of 
owner of land 
Buffering 



Board of agri- 
culture may 
make rules and 
regulations. 



To keep a 
record of its 
transactious 
and report to the 
general court. 



into execution all reasonable measures to prevent the 
spreading and to secure the extermination of the ocneria 
dispar or gypsy moth in this Commonwealth ; and to this 
end said board shall have full authority to provide all 
necessary material and appliances, and to employ such 
competent persons, servants and agents as it shall from 
time to time deem necessary in the carrying out the pur- 
poses of this act ; and said board shall also have the right 
itself or by an}' persons, servants or agents employed by 
it under the provisions of this act to enter upon the lands 
of any person. 

Section 2. The owner of any land so entered upon, 
who shall sutFer damage by such entry and acts done 
thereon by said state board of agriculture or under its 
direction, may recover the same of the city or town in 
which the lands so claimed to have been damaged are sit- 
uate, by action of contract; but any l)enefits received by 
such entry and the acts done on such lands in the execu- 
tion 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 dam- 
ages ; and the Commonwealth shall refund to said city or 
town one-half of the amount of the damages recovered. 

Section 3. Said state board of agriculture 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 in one or more newspapers published in the 
county of Suffolk ; and copies of such rules and regula- 
tions shall l)e posted in at least three public places in each 
cit}^ or town in Avhich said ocneria dispar or gypsy moth 
shall be found by said board to exist and a copy thereof 
shall be filed with the city clerk of each such city and 
with the town clerk of each such town ; and any person 
who shall knowingly violate any of the provisions thereof 
shall be punished for each violation by a fine not exceeding 
twenty-five dollars. 

Section 4. Said state board of agriculture shall keep 
a record of its transactions and a full account of all its 
expenditures under this act, and shall by its chairman or 
secretary make report thereof, with such recoumiendatious 
and suggestions as said board shall deem necessary, on or 
before the fourth Wednesday in January, to the general 
court. 



1891. — Chapter 210. 789 

Section 5. Said state board of agriculture shall estab- compeneation 
lish the rate of compensation of any persons, servants or seiTauu*"" 
agents employed by it under this act. 

Section 6. Any person who shall purposely resist or penalty for 
obstruct said state board of agriculture, or any persons, agentsMglaed 
servants or agents emploved by it under the provisions of '° executiog 

,, . ^ , .P 1 • " ^1 j_- /• 1 purposes ot act. 

this act, while engaged in the execution ot the purposes ot 
this act, shall be punished by a fine not exceeding twenty- 
five dollars for each ofience. 

Section 7. It shall be unlawful for any person know- The insect or us 
ingl}' to bring the insect known as the ocneria dispar or tibe brought 
gypsy moth, or its nests or eggs, within this Common- etc° 'unVer^'^' 
wealth ; or for any person knowingly to transport said penkity. 
insect, or its nests or eggs, from any town or city to 
another town or city within this Commonwealth. Any 
person who shall olFend against the provisions of this 
section shall be punished by a fine not exceeding two 
hundred dollars or by imprisonment in the house of cor- 
rection not exceeding sixty days, or by both such fine 
and imprisonment. 

Section 8. The said state board of aorjculture may power of state 
exercise all the duties and powers herein conferred upon execut^cfby 
said board, by and through its secretary and such members secretary, etc. 
of said board as it may designate and appoint to have in 
charge, in conjunction with its secretary, the execution of 
the purposes of this act. 

Section 9. All moneys heretofore appropriated or Moneys hereto- 
authorized to be expended under the provisions of chap- p°iated^to%e 
ters ninety-five and one hundred and fifty-seven of the expended by 

,. , . , , . '' the board. 

acts of the year eighteen hundred and ninety or by an}' 
other act, and not heretofore expended, are hereby appro- 
priated and authorized to be expended by the said board 
in carrying out the purposes of this act. 

Section 10. All the property acquired and records property 
kept under the provisions of said chapter ninety-five of recoi^sljepfto 
the acts of the year eighteen hundred and ninety shall be {'j^e'biarf"^ ^° 
delivered into the custody of said board, and said board 
is authorized to take, receive and use the same for the 
purposes of this act. 

Section 11. Chapter ninety-five of the acts of the Repeal of 
year eighteen hundred and ninety is hereby repealed, l)ut ^*^°'^"'- 
all claims for damages under said chapter ninety-five for claims for 
entry upon and acts done on the lands of any person may thereunder. 
be prosecuted, as therein provided, against the city or 



790 1891. — Chapter 211. 

town wherein the lands entered upon are situate, and the 
damages shall be ascertained and one-half of the amount 
thereof recovered against any city or town shall be refunded 
to such city or town as provided in said chapter ninety-live. 

Approved April 17 ^ 1891. 

Ch(ip.211 An Act in relation to certain stations of the new york 

AND NEAV ENGLAND RAILROAD IN NORWOOD. 

Be it enacted, etc., as follows: 
uonsmf/ife" Section 1. The board of railroad commissioners are 

an*d n°ew8ution ti^reby authorized, upon petition of the New York and 
to be located. Ncw England Railroad Company or of twenty legal voters 
of the town of Norwood, after a hearing and upon such 
notice to the parties in interest as they may deem proper, 
to order the discontinuance of either or both the Norwood 
and Norwood Central stations, upon the line of said road 
■ in the said town, and shall locate a new station in lieu of 
either or both of said stations upon said road in said town ; 
and said road shall construct on said location a new sta- 
tion-house such as said board may deem reasonably com- 
modious, and furnished for the use of passengers. 
^afionWbe"^"^ Section 2. The expense of such new station-house and 
rold^ expanse ^^ ^^® statiou grouuds ncccssary for the same shall be borne 
of change of by the Said road ; but the expense of any change of grade 
portioned be- Or cxtensiou of any street or highway in said town rendered 

twcen railroad ij_ii j_- i j_ j_- j^ • i i_ 

and town. ucccssary by the location and construction ot said new sta- 

tion, to make it reasonably convenient of access, shall be 
apportioned between the said railroad and the said town 
in such proportion as the said board may determine. 

tek^^i'and to^^ Section 3. The said company is hereby authorized to 
ioa?d' °'^'''^'^'' purchase or take such land as may be necessary to carry 
out the orders of said board, in the manner provided by 
the general laws of the Commonwealth relating to railroad 
corporations. Nothing in this act shall aftect the powers 
of any commission already appointed, or which may be 
hereafter appointed, by the superior court of the count}" of 
Norfolk upon any petition for the abolition of grade cross- 
ings under the provisions of chapter four hundred and 
twenty-eight of the acts of the year eighteen hundred and 
ninety. 

wSolYto Section 4. In case said board shall decide that public 

BtSioL""' "^"^ necessity does not require a discontinuance of either or 
both of said stations said board is hereby authorized to 
order said road to construct a new station-house at Nor- 



carr 

of board 



1891 . — Chapter 212. 791 

wood Central such as said board may deem reasonably 
commodious, and furnished for the use of passengers. 

Section 5. In case of neglect or refusal of said com- Penalty for 
pany to comply with and fulfil any of the requirements of piy with any 
any order hereunder, a copy of which shall be delivered unden'^^'^^" 
by said board to the president or some other officer of said 
company within thirty days from its date, the supreme 
judicial court, or any justice thereof sitting in equity in 
any county, shall have full power forthwith to make and 
issue such orders and decrees in the premises as may be 
necessary to compel specific performance of the terms of 
said order by said company ; and for every thirty clays' 
delay or refusal on the part of said company to comply 
with any of the requirements of said order, said company 
shall forfeit and pay the sum of five hundred dollars, to be 
recovered in an action of tort to be brought by the attor- 
ney-general or the district attorney of the southeastern 
district for the benefit of the Commonwealth. 

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

Approved April 17, 1891. 



Chap.2V^ 



An Act to authorize the city of holyoke to incur indebt- 
edness BEYOND the LIMIT FIXED BY LAW. 

Be it enacted, etc., as follows : 

Section 1. The city of Holyoke, for the purpose of J^-jy '°'\"'" 

p, c ^ ^ ' 1 -ii indebtedness 

payino" its portion of the cost ot the brido-e required by beyond the 

^, ,^ ,, , T 1 T . , J. JY ^ i' ii limit fixed by 

chapter three hundred and nineteen of the acts of the law, for paying 
year eighteen hundred and eighty-eight to be built across ofbruige^over* 
the Connecticut river between Holyoke and South Had- ^1°"°^''''*^"' 
ley, may issue negotiable notes, bonds or scrip to an 
amount not exceeding said city's share of the cost of said 
bridge, as determined by the award of the commissioners 
accepted by the court as provided in said chapter three 
hundred and nineteen. 

Section 2. Said notes, bonds or scrip shall be paya- Bonds, notes, 
ble at periods of not more than twenty years from the bie'kt°uoimore" 
date of issuing the same, and the provisions of chapter y'^ears^ftom^date 
one hundred and twenty-nine of the acts of the year of issue. 
eighteen hundred and eighty-four shall apply thereto, 
except as hereinbefore provided; and such notes, bonds 
or scrip shall not be considered or reckoned in ascertain- 
ing the authorized limit of indebtedness of said city under 
the provisions of section four of chapter twenty-nine of 



792 



1891. — Chapter 213. 



May arrange 
for removal of 
certain tracks of 
the Boston and 
Lowell Rail- 
road, and for 
relocation of 
same. 



Railroad may 
discontinue 
tracks and 
make new 
location. 



the Public Statutes and all acts in amendment thereof or 
supplementary thereto. 

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

Aj)2:)roved April 17, 1891. 

(7Att/?.213 -^^ -^^^ "^^ AUTHORIZE THE CITT OF LOWELL TO PROVIDE FOB 
THE REMOVAL AND RELOCATION OF CERTAIN RAILROAD TRACKS 
WITHIN SAID CITY. 

Be it enacted, etc., as foUoivs: 

Section 1. The city of Lowell is hereby authorized 
to arrange for the removal of the tracks of the Boston 
and Lowell Railroad Corporation or any portion thereof 
from Moody street in said city, and for the relocation of 
said tracks or any portion thereof on some other route ; 
and for the purposes of such removal and relocation may 
make any necessary and proper contracts with any rail- 
road or manufacturing corporation or other party in inter- 
est, and may purchase or sell real estate or any interest 
therein. 

Section 2. Whenever the city of Lowell shall have 
arranged for the removal and relocation of said railroad 
tracks as provided in the preceding section the Boston 
and Lowell Railroad Corporation, for the purpose of car- 
rying out such arrangements and in compliance with the 
contracts made pursuant thereto, may discontinue and 
abandon the whole or any part of its road as now located 
on Moody street in said city of Lowell and may make 
such new location between any point of its road as now 
existing on Button street and any point on its road as 
now existing on Tremont street in said city, as may be 
approved by the mayor and aldermen of said city, and 
also such other location or locations as may be required 
in order to connect said new location between Tremont 
and Dutton streets with existing locations, and as shall be 
provided for in the arrangements and contracts aforesaid 
and approved by said mayor and aldermen. The road 
thus located shall not exceed twenty feet in width, and 
may cross Tremont street at grade. The location or loca- 
tions thereof, prepared and certified as required by sec- 
tion eighty-nine of chapter one hundred and twelve of 
the Public Statutes, together with a description of that 
portion of its road and location discontinued and aban- 
doned as herein authorized shall be filed with the county 
commissioners of the county of Middlesex. 



Locations, etc., 
to be filed with 
commissioners 
of Middlesex 
county. 



1891. — Chapters 214, 215. 793 

Section 3. All persons sustainins: iniury by the dis- Assessment and 

I O'*''.*' recovery of 

continuance and abandonment, or by the location or loca- damages, 
tions herein authorized, 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 b}' the laying out and maintaining of railroads. 

Section 4. In the relocatins of its tracks under this Relocation of 

I'l /»!•• I'l J. tracks to con- 

act, and in the manner or placing its tracks in the streets form to orders 
and public ways of the city of Lowell, said Boston and mayor Ld'' 
Lowell Railroad Corporation shall in all respects conform ^^'^'""^^''■ 
to such orders as may be made by the mayor and alder- 
men of said city. 

Section 5. This act shall take effect upon its passage. 

Approved April 17, 1891. 

An Act to legalize certain acts of the town of cohasset. C/i«J9.214 
Be it enacted, etc., asfolloics: 

Section 1 . The vote of the town of Cohasset at a vote of jhe 
meeting held on the second day of March in the year 
eighteen hundred and ninety-one, by which it appropriated 
certain money to repair the dam and rebuild the flood- 
gates at Gulf mill, is hereby confirmed and such expendi- 
ture by said town is legalized. 

Section 2. No work shall be entered upon nor any subject to con- 

,. .. 11-1T 11 ^^°' °^ board of 

expenditure incurred in repairing and rebuilding such dam harbor and land 
and floodgates before the consent of the board of harbor '^°™™'^ 
and land commissioners shall have been obtained. 

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

Approved April 17, 1891. 

An Act to authorize the purchase or taking of additional njidjyJ^X^ 

LAND FOR the STATE PRISON AT BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The commissioners of prisons are hereby commissioners 
authorized, in behalf of the Commonwealth, to purchase ™%otectthe 
or otherwise take in fee, for the purpose of protecting the gtutTpHson!'^^ 
interests of the state prison, a triangular lot of land owned 
by the cit}'^ of Boston situated on the southerly side of 
Rutherford avenue in that part of Boston commonly known 
•as Charlestown and lying between land of the Common- 
wealth and land of the Boston and Maine Railroad corpora- 
tion ; the area of said lot of land being twent}^ thousand 
and sixty-eight square feet, more or less. Said com- 



794 



1891. — Chapter 216. 



To file in the 
registry of 
deeds a descrip- 
tion of the land 
taken. 



Amount to be 
paid may be 
settled by 
agreement, etc. 



If award is not 
satisfactory city 
maj' apply for a 
jury. 



Chap:2m 



Additional ac- 
commodations 
for travelling 
public provided 
for. 



Penalty for 
neglect to com- 
ply with order 
of commis- 
sioners. 



missioners shall, at the time of acquiring said land as pro- 
vided in this section, grant or reserve to the said city of 
Boston the right to enter upon said land for the purpose 
of repairing and maintaining a common sewer from said 
Rutherford avenue across said land. 

Section 2. The said commissioners shall, within sixty 
days from the time said land is taken under the provisions 
of this act, file in the registry of deeds for the county of 
Suffolk a statement of such takino- together with such a 
description of said land as is required in an ordinary con- 
veyance of land ; the title to said land shall then vest in 
the Commonwealth. 

Section 3. The commissioners of prisons shall have full 
power to settle by agreement or arbitration the amount 
to be paid by reason of the taking of said land, provided 
the sum agreed u[)on shall not exceed the sum often thou- 
sand dollars ; and in case a price shall not be fixed in the 
manner aforesaid said commissioners shall, within three 
months from the date of taking, appraise the value of said 
land and shall file a statement of their findings with the 
treasurer of the Commonwealth. The city of Boston, if 
the award of said commissioners is not satisfactory, may, 
by an application within one year of the taking, have a 
jury in the manner provided by law in cases of the taking 
of land for highways. 

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

Approved April 17, 1891. 

An Act to provide additional accommodations for passengers 
ON street railways. 

Be it enacted, etc., as foUoivs : 

Section 1. Whenever in the opinion of the railroad 
commissioners additional accommodations for the travelling 
public are required upon any street railway, they may, 
after due notice to the street railway company and hearing 
thereon, make such order requiring additional accommoda- 
tions to be provided as they think justice to all parties 
concerned requires, and they may alter, revoke and renew 
the same from time to time. 

Section 2. Any street railway corporation which 
neglects to comply with any such order for more than one' 
w^eek after it receives notice thereof in writing shall forfeit 
the sum of one hundred dollars for each day's delay there- 
after, to be paid into the treasury of the city or town in 



1891. — Chapters 217, 218. 795 

which the additional accommodations were ordered. When Division of 
the order requires the accommodations to be provided in uited. 
more than one city or town the money forfeited under the 
provisions of this act shall be divided equally between the 
municipalities in which such accommodations were ordered. 

Approved April 17, 1S91. 

An Act to authorize the city of pittsfield to elect a citt CJ)af).2V7 

ENGINEER. 

Be it enacted, etc., as follows : 

The city council of the city of Pittstield may annually, city council 

» • ,• . may elect a city 

as soon after their organization as may be convenient, engineer. 
elect by concurrent vote a city engineer who shall be a 
legal voter of said city and shall hold his office for the 
term of one year from the first Monday of February then 
next ensuing and until his successor shall be elected and 
qualified. Said city council may also in the same manner 
elect such city engineer for the remainder of the year end- 
ing on the thirty-first day of January in the year eighteen 
hundred and ninety-two : 2)7'Ovtded, however, that said offi- 
cer may be removed at any time by the cit}^ council for 
sufficient cause. Any vacancy occurring in said office may vacancy. 
be filled at any time in the same manner for the unexpired 
term. The compensation of said officer shall be fixed by compensation. 
concurrent vote of the city council. 

Approved April 17, 1891. 

An Act to authorize any city or town to lease its public Chap.'2t\S 

BUILDINGS OR A PART THEREOF TO VETERAN FIREMEN'S ASSOCIA- 
TIONS. 

Be it enacted, etc., as follows : 

Section 1. Any city or town is authorized to lease for May lease pub- 

T . -r. ,-> . i /• » lie building to a 

a period not exceeding five years to any veteran firemen s veteran fire- 

association established in such city or town, to be used by ^^^'^^^ ^^^°'^^^- 

such association solely for the purposes of its organization, 

any public building or part thereof belonging to such city 

or town, except school-houses in actual use as such, on 

such terms as the aldermen of such city or the selectmen 

of such town may determine. 

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

Approved April 17, 1891. 



Removal from 
office. 



796 



1891. — Chapteks 219, 220. 



Certain street 
railways in 
Wareham may 
unite and con- 
solidate. 



(7A«79.219 An Act to authorize the consolidation of certain street 

RAILWAY COMPANIES IN THE TOWN OF WAREHAM. 

Be it enacted, etc., as follows : 

Section 1. Any street railway company now author- 
ized to run cars in the town of Wareham may purchase 
and hold the whole or any part or parts of the property 
rights and franchises of, and may unite and consolidate 
with, any other street railway company authorized to run 
cars as aforesaid ; but such purchase and consolidation 
shall be only upon such terms and conditions as shall be 
approved by a majority in interest of the stockholders of 
each corporation at meetings duly notified and called for 
that purpose ; and the corporations so uniting shall con- 
stitute one corporation, under such corporate name as 
shall be approved at the meetings aforesaid or at any 
meeting duly called thereafter ; and the corporation formed 
as aforesaid shall have, hold, possess and enjoy all the 
powers, privileges, rights, franchises, property and estates 
which at the time of such consolidation shall be had, held, 
possessed or enjoyed by the corporations so consolidating, 
or either of them ; and shall be subject to all the duties, 
restrictions and liabilities to which they or either of them 
shall then be subject, afid to all general laws then or there- 
after in force relating to street railway companies. 

Section 2. Either of the street railway companies 
mentioned in the preceding section which shall carry into 
effect any purchase or consolidation under this act may 
increase its capital stock to any amount not exceeding the 
total capital stock of the two companies issued at the date 
of consolidation. 

Section 3. The terms of any purchase or consolida- 
tion under this act shall be subject to the approval of the 
board of railroad commissioners if they shall receive com- 
plaint in writing from any stockholder of either corporation 
within thirty days of either of said meetings mentioned in 
section one. 

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

Approved April 17, 1891. 

C]ianJ2'2.0 ^^ ^^^ relating to stables in CITIES. 

Be it enacted, etc. , as follows : 

t^ob^Jndnsed'''* Section 1. No person shall hereafter erect, occupy 
bytheioardof or usc any building in any city for a stable for more than 



May increase 
capital stock. 



Consolidation 
to be subject to 
approval of 
railroad com- 
missioners. 



1891. — Chapters 221, 222. 797 

four horses unless first licensed so to do by the board of 
health of said city, and in such case only to the extent so 
licensed. 

Section 2. No person shall hereafter occupy or use i^ot to be used 
in any city any building for a livery stable or a stable for with^n^wo*'* 
taking and keeping horses and carriages for hire or to let, a"hurch/etc.°^ 
within two hundred feet of any church or meeting-house 
erected and used for the public worship of God, without 
the consent in writing of the religious society or parish 
worshipping therein. 

Section 3. The foregoing provisions shall not be Not to affect 

t SttblcS DOW 

construed to prevent any such occupation and use author- authorized by 
ized by law at the time of the passage of this act, to the ^^'^' 
extent authorized at that time. 

Section 4. Any person violating the provisions of ^oiatiug^pio- 
this act shall be punished by a fine of five dollars for visions. 
each and everj^ day such oftence continues, and any court 
having equity jurisdiction may restrain any such erection, 
occupation or use contrary to the provisions of this act. 

Ajoproved April 17, 1891. 



Chap.221 



An Act relating to temporary loans by cities and towns. 
Be it enacted, etc., as follows : 

Section 1. Debts incurred by cities and towns for Debts incurred 
temporary loans in anticipation of the taxes of the munic- ioan8™tc°.rt7be 
ipal year in which such debts are incurred and expressly one year7'*'^'° 
made payable therefrom by vote of the city or town shall 
become due and payable'within one year from the date of 
their incurrence. 

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

Approved April 17, 1891. 



Cliax).222 



An Act to authorize the town of stoneham to aid the 
extension of the boston and maine railroad. 

Be it enacted, etc. , as follows : 

Section 1. The town of Stoneham is hereby author- Town may aid 

. 1 i • 1 ■ ■ • J.^ • 1? J. in construction 

ized to raise by taxation or otherwise a sum ot money not of extension of 
to exceed fifty thousand dollars and to pay the same to Maine^RaUroad. 
the Boston and Maine Railroad as a contribution in aid of 
the construction of the extension of the railroad of said 
corporation to said town : provided, the inhabitants of Pioviso. 
said town at a meeting duly called for that purpose 
within one year from the passage of this act shall by a 



798 1891. — Chapter 223. 

vote of two thirds of the legal voters present and voting 
thereon vote to make such contribution. 

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

Approved April 17, 1891. 

(JhofD^^i^ An Act relating to the employment of legislative counsel 

AND AGENTS AND TO PROVIDE FOR RETURNS OF LEGISLATIVE 

EXPENSES. 

JBe it enacted, etc., as follows: 

1890, 456, §1, Section 1. Section one of chapter four hundred and 

amended. fifty-six of the acts of the year eighteen hundred and 

ninety is hereby amended by striking out, in line five and 
the following lines, the words "affecting the pecuniary 
interests of any individual, association or private or pub- 
lic corporation as distinct from those of the whole people 
of the Commonwealth", and also by striking out the word 
" such ", at the end of the ninth line of said section, so as 
Names of legis. ^q ^q^^ ^s follows : — Sectioii 1. Evcry pcrsou, private 

lative counsel . . "i • i i 

and agents to be or public corporatiou or association which employs or 
legislative agrccs to cmploy any person to act as counsel or agent to 
promote or oppose in any manner, directly or indirectly, 
the passage by the general court of any legislation, or to 
act in any manner as a legislative counsel or agent in con- 
nection with any 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 pro- 
vided ; 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 termi- 
nation of such employment such fact may be entered 
opposite the name of any person so employed, either by 
the employer or by the person employed. 
1890, 456^ §§2,3 Section 2. Sectiou two of said chapter is hereby 
amended by striking out, in lines fourteen and fifteen, the 
words "included Avithin the terms of section one of this 
act." Section three is hereby amended by striking out, 
in lines nineteen and twenty, also in lines twenty-nine and 
thirty, the words " coming within the terms of section one 
of this act ", and by striking out, in lines twenty-five and 
twenty-six, the words " coming within the terms of section 
one." Section six of said chapter is hereby amended by 



dockets. 



and 6, amended. 



1891. — Chapters 224, 225. 799 

striking out, in lines fourteen and fifteen, the words 
" comino; within the terms of section one of this act." 
Section 3. This act shall take eflect upon its passage. 

Approved April 20, 1891. 

An Act to establish a sinking fund for the state house (7/i«r). 224 

LOAN DUE IN THE TEAK NINETEEN HUNDRED AND ONE. 

Be it enacted, etc., as follows : 

Section 1. The treasurer and receiver-general shall ^e^e^g'tabushed? 
at once establish a sinking fund to pay at maturity the 
scrip or certificates of indebtedness issued for the purchase 
of laud for the extension of the state house, as authorized 
b}'^ chapter three hundred and forty-nine of the acts of the 
year eighteen hundred and eighty-eight and chapter three 
hundred of the acts of the year eighteen hundred and 
eighty-nine. 

Section 2. An amount equal to the total premium Total premium 
received upon the certificates referred to in the preceding interest thereon 
section, with interest thereon at the rate of three per cent. pHated't^o'^sink. 
to the date of the passage of this act, shall be appropriated i«§fu°d, etc. 
and set apart from the treasury to said sinking fund ; and 
each year there shall be raised by taxation and paid into 
said sinking fund the sum of forty-five thousand dollars. 

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

Approved April 22, 1891. 



Chap.225 



An Act to authorize the county commissioners of the 

SEVERAL counties, EXCEPT SUFFOLK, TO PROVIDE FOR THE 
ARRANGING AND INDEXING OF THE PROBATE RECORDS IN THEIR 
RESPECTIVE COUNTIES. 

Be it enacted, etc., as follows : 

Section 1. The county commissioners in each county, county com- 
except Suffolk, are hereby authorized to cause the files cau8e°the^fiie8^ 
and records of the probate courts therein to be re- probate°cour't8 
arranged, indexed and docketed, the dockets worn or and do°ckeIld. 
defaced to be renewed, and the indexes to be consoli- 
dated, under the direction and supervision of the regis- 
ters of said courts, when in the judgment of said com- 
missioners public convenience demands it. 

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

Appjroved April 23, 1891. 



800 



1891. — Chapter 226. 



May take water 
from Long pond 
in Falmouth. 



Chcipf^i^^ An Act to authorize the shareholders in the falmouth 

HIGHLANDS TRUST TO TAKE WATER FROM LONG POND IN 
FALMOUTH. 

£e it enacted^ etc., as follows : 

Section 1. The shareholders in the Fahnouth High- 
hinds Trust, of which George W. Parke and William G. 
Fish are now trustees, are hereb}^ authorized to take 
water from the westerly end of Long pond in the town of 
Falmouth for the ordinary uses in and about dwelling- 
houses and their appurtenances, stores, shops and a rail- 
road station, and to extinguish fires, and may regulate 
the use thereof and fix and collect rates for such use when 
distributed in the district bounded as follows : — begin- 
ning at a point on the county road leading from Falmouth 
village to West Falmouth, where the Sippowisset road 
meets the same, near the house late of Arnold Giflbrd, 
and thence running by a straight line to Gunning point on 
the shore of Buzzard's bay, thence northerly by the shore 
of said bay to the line of the northerly boundary of the 
farm land of James E. Giflbrd, thence easterly on said 
line to the county road, thence southerly by the county 
road to the point of beginning, and including also in the 
district a strip of land on the easterly side of the county 
road not exceeding five hundred feet wide ; but no dwell- 
ing-house built upon the land of said shareholders shall be 
located on the slope forming the watershed of said pond. 

Section 2. For the purposes set forth in the fore- 
going section water pipes may be laid in highways and 
town ways under the direction of the selectmen of said 
town. 

Section 3. When the water works are in operation, 
drinking water for man and beast shall be furnished free 
at a public place near the intersection of the county road 
with the main avenue of said shareholders. 

Section 4. The town of Falmouth shall have the 
right at any time to take by purchase or otherwise, the 
franchise, rights and privileges granted by this act, 
together with such Avorks, implements and property as 
may be provided for su})plying water under the same, on 
payment to said shareholders of the total cost of such 
franchise, works and property, with interest on each 
expenditure from its date. If the cost of maintaining 
and operating the works shall exceed in any year the 



Water pipes 
may be laid in 
highways, etc. 



Free public 
watering place. 



Town may take 
franchise, 
rights, etc. 



Maintenance, 
etc., of works. 



1891. — Chapter 227. 801 

income from the same in that year then such excess shall 
be added to the cost, and if the income derived from the 
works in any year exceeds the expense of maintaining 
and operating the same for that year then such excess 
shall be deducted from the cost. In case said town and 
said shareholders are unable to agree on the amount of 
said total cost, then upon a suit in equity by said town 
the court shall ascertain and fix such total cost and 
enforce the right of said town to take possession of said 
franchise, works and property upon payment of such 
total cost to said shareholders. This authority to take Taking of 

• 1 /. 1 • T . . ,1 ,. . . ,1 / frauchlse and 

said franchise and property is granted on condition that piopeitj* sub- 
such action shall be preceded and directed by a two thirds thhds vo*tI of 
vote of the legal voters of the town present and voting the town. 
thereon at a meeting legally called for that purpose. 
Sectiox 5. This act shall take effect upon its passage. 

Approved April 23, 1891. 

An Act relating to trials in the superior court without (J]iar>.'2i^ 

A JURY. 

Be it enacted, etc., as foUoivs : 

Section 1. Actions at law in the su[)erior court may Tnaisinthe 
be heard and determined by and before three justices ^vithout'ajury. 
thereof, without a jury, on agreement of the parties, when 
the damages demanded or property claimed exceed in 
amount or value ten thousand dollars if brought in the 
county of Suffolk, and five thousand dollars if brought in 
any other county, if the plaintiff or some one in his behalf 
makes oath or afSrmation before some justice of the peace 
that he verily believes the matter sought to be recovered 
actually equals in amount or value said sums respectively, 
a certificate of which oath or affirmation shall be filed in 
said court with or subsequent to the agreement of refer- 
ence ; and a majority of the sitting justices shall determine 
all questions both of law and fact except as hereinafter 
provided. 

Section 2. In trials under the provisions of this act no exception or 
there shall be no exception or appeal in matters of law ; fnTnattei °o7 
but the case may be reported by a majority of such sitting '*^" 
justices under the provisions of section six of chapter one 
hundred and fifty-three of the Public Statutes, for deter- 
mination by the supreme judicial court. 

Section 3. Said superior court shall not be required J,[,y'f,/th!'-'' '"''5 
to sit for the trial of actions as provided in section one of "lies of ijoston, 
this act, except in the cities of Boston, Worcester and spiiugiieid! 



802 



1891. — Chapters 228, 229. 



Trials to be had 
in cities agreed 
upon by the 
parties. 



To Uke effect 
Oct. 1, 1891. 



Chap 



Machinery to 
be provided. 



Springfield ; and the justices of said court, or a majority 
of them, shall, from time to time, make such arrangements 
for the attendance of some three justices in said cities, and 
may make such arrangements for the attendance of some 
three justices in any county, for the trial of such actions, 
when and as it appears most convenient. 

Section 4. Actions pending in any county in which 
trials are sought as provided in section one of this act 
may be tried in such one of said cities as the parties shall 
agree upon or as the court may order. 

Section 5. This act shall take effect the first day of 
October in the year eighteen hundred and ninety-one. 

Approved April 23, 1891. 

.228 '^N -^CT TO PKOVIDE FOR THK USE OF MACHINERY IN THE STATE 
PRISON, REFORMATORIES AND HOUSES OF CORRECTION. 

Be it enacted, etc., as folloivs : 

Section 1. The warden of the state prison, the super- 
intendent of the reformator}^ prison for women, the super- 
intendent of the Massachusetts reformatory, and the masters 
of the houses of correction are hereby authorized, after ap- 
proval of requisitions therefor by the general superintend- 
ent of prisons, to purchase such machinery as may be 
necessary to replace any that is unfit for use or that may 
be destroyed by fire or by the malicious acts of prisoners ; 
and also to purchase whatever machinery may become nec- 
essary in establishing new trades or industries in accord- 
ance with chapter four hundred and forty-seven of the 
acts of the year eighteen hundred and eighty-seven. 

Section 2. Section five of chapter four hundred and 
forty-seven of the acts of the yeav eighteen hundred and 
eighty-seven is hereby repealed. 

Section 3. The bills for machinery purchased under 
this act shall be included in the schedules of bills for tools 
and implements as provided in sections three and four of 
chapter four hundred and forty-seven of the acts of the 
year eighteen hundred and eighty-seven. 

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

Approved Apjril 23, 1891. 

QJiap.^^ An Act conferring certain powers upon the chiefs of fire 

DEPARTMENTS IN CITIES. 

Be it enacted, etc., as folloivs : 
of° fire depart!^* SECTION 1. In any city in which there is no board of 
mentsin cities. gj.g engineers the chief or head of the fire department shall 



Repeal of 18 
447, § 5. 



Bills for ma- 
chinery pur- 
chased. 



1891. — Chapters 230, 231. 803 

have all the powers and perform all the duties, with like 
efi'ect, of the hoard of fire engineers named in chapter four 
hundred and fifty-one of the acts of the year eighteen hun- 
dred and eighty-nine. 

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

Aiyproved April 23, 1891. 



Chap.230 



An Act to authorize the city of haverhill to borrow 
money beyond the limit fixed by law, for the purpose 
of permanent street and other improvements. 

Be it enacted, etc. , as folloivs : 

Section 1. The city of Haverhill, for the purpose of ^ay^^^orK)^ not 
constructing and permanently improvino; its streets and siooooo beyond 

<D L •/ i ~ jjjg debt limit. 

highways, of constructing trunk sewers, and of erecting a 
school building, may incur indebtedness to an amount not 
exceeding one hundred thousand dollars beyond the limit 
of indebtedness fixed by law ; and may from time to time 
issue negotiable notes, bonds or scrip therefor, properly 
denominated on the face thereof, 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 ; 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 sink- 
ing fund for the payment thereof at maturity. 

Section 2. Of said sum of one hundred thousand dol- ^°'™°n''''° 

i^oO.OOO to be 

lars only fifty thousand dollars shall be borrowed in the borrowed in the 

year 1891. 

year eighteen hundred and ninety-one. 

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

Approved April 23, 1891. 



Cha2J.231 



An Act to incorporate the exeter and amesbury railroad 

COMPANY. 

Be it enacted, etc. , as folloivs : 

Section 1. Richard F. Briggs, William E. Biddle, Exeter and 
Robert B. Hawley, George W. Gate, E. Ripley Sibley, fo^iSa'^nf* 
their associates and successors, are hereby made a corjK)- iu^^onwrated. 
ration by the name of the Exeter and Amesbury Railroad 
Gompany ; with all the poweivs and privileges and subject 
to all the duties, restrictions, liabilities and regulations 



804 1891. — Chapter 232. 

set forth in all the general laws which now are or may 
hereafter be in force in reference to such corporations. 
Capital stock Sectiox 2. The capital stock of said company shall 

and snares. * i ./ 

not exceed one hundred thousand dollars, divided into 
shares of one hundred dollars each, and all the provisions 
of the statutes applicable to the incorporation of railroad 
corporations under the general laws shall be ap}:)licable 
thereto : and said company may purchase and hold such 
real estate, engines, cars and other property as may be 
necessary for the purposes of said road. 
Road from Ese- SECTION 3. Said comi^auy is hereby authorized and 

ter railway at l .' . "^ . . 

New Hampshire empowered to locatc, construct and maintain a railroad for 

line to Boston ,i. , . • ,. -, it r 

and Maine rail- the transportation ot persons and merchandise, irom a 
road m Ames- p^j^^ ^^ ^j^g boundary line between the states of Massa- 
chusetts and New Hampshire at the terminus of the Exeter 
railway, a railroad to be built in the state of New Hamp- 
shire by a corporation organized under the laws of said 
state, to some convenient point on the Boston and Maine 
railroad in the town of Amesbury. 
May consolidate Section 4. The Corporation hereby established is 

with the Exeter I'l i-t -iit^ t»'i 

Railway. hereby authorized to consolidate wnth the Exeter Kailway 

of New Hampshire, upon such terms and conditions as the 
directors of said corporations shall determine, but the cap- 
ital stock of such consolidated corporation shall not exceed 
the combined capital of said corporations. 
d^ec"torT°efc Sectiox 5. One or more of the directors or other offi- 

to be inhabitant ccrs of Said cousolidatcd corporation, shall at all times be 
setts. ' an inhabitant of this Commonwealth, on whom process 
against said corporation may be legally served ; and said 
corporation shall be held to answer in the jurisdiction 
where the service is made and the process returnable. 
Location and Sectiox 6. If the locatiou ofthc road authorized to be 

built by this act is not filed W'ithin two years, and if said 
railroad is not constructed within five years from the pas- 
sage of this act, this act shall be void. 

Section 7. This act shall take effect upon its passage. 

Approved April 23, 1891. 



ChaiJ.2%2 



An Act concerning the volunteer militia. 
Be it enacted, etc., as foUoics : 

Compensation Sectiox 1. Thcrc shall bc allowcd and paid to each 
drummers." chicf buglcr and bugler and drummer of the volunteer 
militia, on rolls and accounts in such form as the com- 
mander-in-chief may prescribe, for the duty required in 



1891. — Chapter 233. 805 

sections ninety-eight, ninety-nine, one hundred and six, 
one hundred and seven and one hundred and fourteen of 
chapter four hundred and eleven of the acts of the year 
eighteen hundred and eighty- seven, the sum of three dol- 
lars and fifty cents per day ; and the chief bugler shall be 
mounted and shall be allowed four dollars per day for his 
horse, which shall be in full for all keeping and forage. 

Section 2. Colonels and battalion commanders may Mileage for cer- 

..,,, ..,,. i-j' 1 tain officers. 

Visit the companies in their commands six times each year ; 
lieutenant colonels, majors and adjutants, such companies 
as they are ordered to visit by regimental or battalion 
commanders, six times each year, for which mileage at 
the rate of four cents per mile each way, the distance to 
be computed by line of the most direct railway communi- 
cation from the residence of the officer, shall be allowed 
on receipt of returns therefor. 

Sectiox 3. Any officer or enlisted man in the militia service medals 
service on the first day of January in the year eighteen 
hundred and ninety-one who had rendered nine years 
continuous honorable service, and any officer or enlisted 
man thereafter completing a like service, shall be allowed 
a medal, and for each additional five years like service 
theretofore or thereafter rendered he shall be allowed a 
bar or clasp. 

Section 4. There shall be allowed to each of the bat- veterinary sur- 
talions of artillery and cavalry a veterinary surgeon who 
. shall rank as a first lieutenant, and whenever a vacancy 
shall occur in the position of assistant surgeon of the 
battalion of artillery or the battalion of calvary the office 
of said assistant surgeon shall be abolished. 

Section 5. So much of sections one hundred and Repeal. 
twenty-seven and one hundred and twenty-eight of chap- 
ter four hundred and eleven of the acts of the year eight- 
een hundred and eighty-seven, and so much of section 
twelve of chapter four hundred and twenty-five of the acts 
of the year eighteen hundred and ninety as is inconsistent 
with this act, and any other acts or parts of acts incon- 
sistent herewith, are hereby repealed. 

Ajjproved Ajnil 23, 1891. 

An Act relative to the care of deposits made with the (JJinY) 233 

TREASURER AND RECEIVER-GENERAL, IN TRUST. 

Be it enacted, etc., as follows : 

Section 1. The treasurer and receiver-general may Additional cieri- 
expend each year a sum not exceeding twenty-five hun- '^'^ ****'* ^^'^^' 



806 1891. — Chapter 234. 

dred dollars for such extra clerical assistance as he may 
deem necessary in the care and custody of the deposits 
made with him in trust by such corporations and organi- 
zations as are required by law to make deposits in trust 
with said treasurer. 
fp'^portioneV^ Section 2. The amount expended under the authority 
upon corpora- of the precedinsf section shall be assessed by the tax com- 

tions, etc., tuak- , , '^ <^ , ^ . . 

ing deposits. missioucr upou tlic scvcral corporations and organizations 
making such deposits in proportion to their average 
deposits for the year next preceding said assessment, and 
the assessment so made shall be collected in the same 
manner as the assessment for the expenses of the railroad 
commissioners. The average deposits of each of such 
corporations or .organizations shall be certified by the 
treasurer and receiver-general to the tax commissioner 
annually. 

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

Approved April 23, 1891. 

Ch(ip.234: ^^ ^^^ '^^ ESTABLISH A REGISTRY OF DEEDS AT FALL RIVER. 

Be it enacted, etc., as follows: 
Registry of Section 1. There shall be established in the court 

ueeds to be . , . . « 

established at housc at Fall Rivcr in the county of Bristol a registry of 
deeds, for recording deeds, plans or other instruments 
relating to real estate situate in the city of Fall River and 
in the towns of Swanzey, Somerset and Freetown in said 
county. The city and towns named shall constitute the 
Fall River Registry District in the county of Bristol. 

Election and Section 2. There shall be elected at the election for 

term of ofhce . i /■ -vt 

of register. statc OEDcers lu the month of November of the current year 
a register of deeds for said Fall River district, to hold his 
office from and after January first in the year eighteen 
hundred and ninety-two and until the term of office of the 
registers of deeds for the northern and southern districts in 
said county expire. And thereafterwards said register for 
the Fall River district shall be elected at the same time, 
in the same manner and for the same term as the registers 
for the northern and southern districts respectively. 

ap^y.'° ^'""^ '° Section 3. All laws in force when this act shall take 
effect relative to registers and registries of deeds and not 
inconsistent herewith shall apply to said Fall River district 
hereby created. 

When to take SECTION 4. This act shall take effect upon the first 

day of January in the year eighteen hundred and ninety- 
two, except that section tw^o thereof shall take effect upon 
its passage. Approved April 23, 1891. 



1891. — Chapters 235, 236. 807 

An Act relating to the state military and naval historian. (77i«l?.235 

Se it enacted, etc., as foUoivs : 

Sectiox 1. The state military and naval historian may Allowance for 
expend for clerical assistance and other necessary expenses ance and ex- 
each year a sum not exceeding fifteen hundred dollars, p'°^®^- 
and all bills for such assistance and expenses shall be 
approved by the governor and council and presented to 
the auditor for payment, in the same manner as other 
claims against the Commonwealth. 

Section 2. So much of section two of chapter three Repeal. 
hundred and seventy-four of the acts of the year eighteen 
hundred and eighty-nine as is inconsistent Avith this act is 
hereby repealed. 

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

Approved April 23, 1891. 

An Act relating to fines, fees and other moneys received (7/^^19. 236 
by the clerks of the courts and other officers in the 
county of suffolk. 

Be it enacted, etc., as folloivs : 

Section 1. The clerk of the supreme judicial court Fees, etc., to be 
for the county of SuiFolk, the clerks of the superior court for montwy" ^ 
said county, the clerks of the municipal courts of the city of 
Boston, and every sheriff, master of the house of correction, 
or other officer, except those hereinafter named in section 
three of this act, receiving any fines, fees, costs, or other 
moneys, which are to be paid to the city of Boston, or to the 
treasurer of the county of Suffolk, shall, every month, be- 
fore the tenth day thereof, pay over to said city and account 
on oath for all moneys so received during the next preced- 
ing calendar month, and make the detailed statements now 
required by law. 

Section 2. The city treasurer of said city shall pay to Payment of wit- 
the persons entitled thereto all witness fees or other 
moneys due for services rendered in either of the aforesaid 
courts or for any of the aforesaid officers, on the presen- 
tation to him of a certificate stating the name of the 
claimant, the court, and of the case, the nature of the ser- 
vices rendered, and the amount due therefor, signed by the 
clerk of the court in which or by the officer for whom 
the service was rendered. 

Section 3. The clerks, or Avhere there is no clerk the cierks, etc., 
justice, of all other courts in the county of Suffolk, except mouThTy" 
those named in section one of this act, which arc required 



808 1891. — Chapter 237. 

to account to the city of Boston shall on or before the 
aforesaid day pay over to the city of Boston, and account 
on oath for all fines, fees, costs and other moneys received 
by them respectively during the next preceding calendar 
month and remaining after the payments therefrom allowed 
by law. 

Sectiox 4. This act shall take effect upon- its passage. 

Aj^j^roved April 24, 1891. 

(7A«7?.237 -^^ -^CT TO AUTHORIZE THE CITY OF CHELSEA TO REFUND A POR- 
TION OF ITS WATER INDEBTEDNESS. 

Be it enacted, etc., as folloivs : 

Kotrnt^oT'^" Section 1. The city of Chelsea, for the purpose of 
$300,000. paying and refunding so much of its existing indebted- 

ness as may have been incurred in the construction of 
its water works, may issue from time to time bonds, 
notes or scrip, bearing interest at a rate not exceeding 
four per centum per annum, to the amount of three hun- 
dred thousand dollars, payable in periods not exceeding 
thirty years from the date of issuing said bonds, which 
shall bear upon their face the words Chelsea Water Loan. 
Disposition of Section 2. The proceeds of the sale of said bonds, 
of bonds. notes or scrip shall be paid into the sinking fund of the 

said city of Chelsea, with the exception of thirty-eight 
thousand dollars which shall be used to pay maturing 
special loans now" charged to the water department. 
Payments into Section 3. There shall be annually paid from the net 
fund!" ^°^ income of the water department of said city, after the pay- 
ment of the interest upon said bonds, notes or scrip, such 
sums of money as shall with the accumulated interest 
thereon be sufficient to pay at maturity thereof the said 
bonds, notes or scrip, and if said net income shall not be 
sufficient to pay such interest and to meet the requirements 
of law as to said sinking fund, said city shall raise annually 
by taxation such sums as with their accumulations wall be 
sufficient to meet such requirements. The present sinking 
fund commission and their successors shall serve as com- 
missioners for the said sinking fund. 
Provisions of p. Section 4. The provisious of sections ten and eleven 
to apply . ^'^' ^^' of chapter twenty-nine of th'e Public Statutes shall so far 
as applicable and not inconsistent with this act apply to 
said sinking fund. 
Subject to ac- Section 5. This act shall take effect upon its accept- 

city council. aucc by the city council of the city of Chelsea. 

A2)2)roved April 24, 1891. 



1891. — Chapters 238, 239. 809 



An Act relating to assistance to voters in case of disability, (7A,ap.238 
Be it enacted, etc., as folloics : 

Section twenty-five of chapter four hundred and thirteen ^^^j^f^^' § ^■'' 
of the acts of the year eighteen hundred and eighty-nine 
is hereby amended by adding at the end of the sixth Ihie 
thereof, after the word "officers", the words: — who 
shall, if required by him, be of any political party, repre- 
sented among the election officers, which he may desig- 
nate, — so as to read as follows : — Section 25. Any ^*j*j*\^,^';®ig*''' 
voter wdio declares to the presiding election officer that unabu- to mark 
he was a voter prior to the first day of May in the year 
eighteen hundred and fifty-seven, and cannot read, or that 
by blindness or other physical disability he is unable to 
mark his ballot, shall, upon request, receive the assistance 
of one or two of the election officers, w^ho shall, if required 
by him, be of any political party, represented among the 
election officers, w^hich he may designate, in the marking 
thereof; and such officer or officers shall certify on the 
outside thereof that it was so marked with his or their 
assistance, and shall thereafter give no information regard- 
ing the same. The presiding officer may in his discretion 
require such declaration of disability to be made by the 
voter under oath before him, and he is hereby qualified to 
administer the same. Approved April 24, 1891. 

An Act relating to the weekly payment of wages by cor- (JJiap.'iS^ 

porations. 

Be it enacted, etc., as follows: 

Sectiox 1 . Section two of chapter eighty-seven of the isse, s;, § 2, 
acts of the year eighteen hundred and eighty-six as ^"^ 
amended by chapter three hundred and ninety-nine of the 
acts of the year eighteen hundred and eighty-seven, is 
hereby further amended by striking out after the w^ord 
"act", in the ninth line of said section as amended, the 
words " for a period of two weeks after", also by striking 
out all of the tenth line in said section, and by striking out, 
in the eleventh line thereof, the words "that such com- 
plaint will be brought", so as to read as follows : — 8ec- Penalty. 
tion 2. Any corporation violating any of the provisions 
of this act shall be punished by a fine not exceeding fifty 
and not less than ten dollars on each complaint under 
which it is convicted : provided, complaint for such viola- complaint, etc., 
tion is made within thirty days from the date thereof, comply with 
The chief of the district police, or any state inspector of '^0^ '*'*'"* ° 



810 



1891. — Chapters 240, 241. 



Defence by 
corporations. 



Aeaignment of \)y llim 
future wages •' 



factories and public buildings, may bring a complaint 
against an}^ corporation which neglects to comply with the 
provisions of this act. On the trial of such complaint 
such corporation shall not be allowed to set up any defence 
for a failure to pay weekly any employee engaged in its 
business the wages earned by such employee to within six 
days of the date of said payment, other than the attach- 
ment of such wages by the trustee process, or a valid 
assignment thereof, or a valid set-off against the same, or 
the absence of such employee from his regular place of 
labor at the time of payment, or an actual tender to such 
employee at the time of payment of the wages so earned 
No assignment of future wages payable weekly 



not valid. 



Defence by cor- 
porations. 



under the provisions of this act shall be valid if made to 
the corporation from whom such wages are to become due, 
or to any person on behalf of such corporation, or if made 
or procured to be made to any person for the purpose of 
relieving such corporation from the obligation to pay 
weekly under the provisions of this act. 

Sectiox 2. The corporation against whom a complaint 
is brought under the provisions of said section shall not be 
allowed to set up as a defence any payment of wages after 
the bringing of the complaint. Approved April 24, 1891. 



Chcip.240 -A^N Act in addition to an act relating to the mystic river 

CORPORATION. 

Be it enacted, etc., as foHoivs: 
Time for com- SECTION 1. The time withiu which the Boston and 

pletion of work, -m r • -n-i ^ j i\ • \ i iii-i* 

etc., extended. JVlame Kailroad, as succcssor to the rights and obligations 
of the Mystic River Corporation, may complete the works 
and improvements authorized and required by the several 
acts relating to the last named corporation is hereby 
extended to the first day of March in the year eighteen 
hundred and ninety-three. 

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

Approved April 24, 1891. 



Chap 



Certain voters 
in ward seven 
may vote in 
ward three in 



.241 ■^^ -^^^ "^^ AUTHORIZE CERTAIN VOTERS OF WARD SEVEN IN THE 
CITY OF HOLYOKE TO VOTE IN WARD THREE OF SAID CITY IN 
MUNICIPAL ELECTIONS. 

Be it enacted, etc., as folloics : 

The city council of the city of Holyoke may on or 
before the first day of October next provide by ordinance 



munici 
tions. 



icipai eiec ^jj^t the votci's residing in that portion of ward seven of 



1891. — Chapters 242, 243. 811 

said city known as Springdale, and lying southeasterly of 
the location of the main tracks of the Holyoke and West- 
field railroad between South street and the boundary line 
of West Springfield, may vote in ward three of said city, 
at municipal elections, in such existing precinct or pre- 
cincts as said city council may prescribe. 

Approved Api-il 24, 1891. 

An Act relative to sessions of registrars of voters in towns. (7^ a/?. 242 

Be it enacted, etc., as follows: 

In towns divided into voting precincts the registrars of o|''',.e^igt?aM o'f'' 
voters shall , not more than twenty days before the day of voters in towns. 
the annual state or town election, hold at least one session 
for the registration of voters at some suitable and conven- 
ient place within the limits of each voting precinct. In 
towns not divided into voting precincts, containing sev- 
eral villages, the registrars of voters shall, not more than 
twenty days before the day of the annual state or town 
election, hold sessions for the registration of voters in two 
or more suitable and convenient places in such towns, and 
upon petition of ten voters residing in or near a village 
distant at least two miles from any of such places, stating 
that there are at least ten citizens who desire to be regis- 
tered and are eligible therefor, filed with the town clerk 
not less tlian eighteen days before the day of the annual 
state or town electipn, the registrars shall hold a session 
for the registration of voters at some suitable and conven- 
ient place in such village. Proper and suitable notice 
shall be given of such session. Approved April 24, 1891. 

An Act to authorize the city of quinct to construct a (7^^r).243 

SYSTEM OF sewerage. 

Be it enacted, etc., as folloics : 

Section 1. The city of Quincy is hereby authorized f.^femofsew-^ 
to adopt and to construct from time to time a system of eiage. 
sewerage and sewage disposal, substantially in accordance 
with the general phms adopted by the city council of said 
city in the year eighteen hundred and eighty-nine and 
approved by the state board of health. The exclusive Powers to be 

S ., , i. i. 1 • X • • li. J vested in board 

authority to construct, lay, mamtani, repair, alter and of sewerage 
operate all sewers and drains embraced within such sys- "^ 
tem, and such other works as may be required to be con- 
structed, maintained and operated for a system of sewage 



commissioners. 



812 



1891. — Chapter 243. 



Provisos. 



Appointmeiit 
and terms of 
office of com- 
missioners. 



Vacancies. 



disposal for said city, shall be vested in a board of sew- 
erage commissioners to be appointed as hereinafter pro- 
vided : provided, hoicever, that said commissioners from 
time to time, whenever any section of said system is com- 
pleted and put in successful operation, shall upon request 
of the mayor transfer the management, operation and 
control of the same to the commissioner of public works 
of said city, and thereafter said commissioner shall have 
exclusive authority to maintain, repair, alter and operate 
such section ; and provided, further, that whenever said 
system shall be substantially completed and put in success- 
ful operation said commissioners upon written request of 
the mayor shall transfer the same to said commissioner of 
public works ; and thereupon the powers of said board 
of sewerage commissioners shall cease and all of its powers 
shall be vested in and all of its duties imposed upon said 
commissioner of public w^orks. Said commissioners shall 
make all contracts for the above purposes in the name and 
behalf of the city, but no contract shall be made by them 
which involves the expenditure of money not already 
appropriated for the purpose by the municipal govern- 
ment of said Quincy. 

Sectiox 2. Said board shall consist of three com- 
missioners, who shall be citizens of said city and shall be 
appointed by the mayor as soon as practicable after this 
act shall have been accepted by the citizens of said city as 
hereinafter provided ; they shall hold their offices respec- 
tively until the expiration of one, two and three years 
from the first Monday of the February next preceding 
their appointment, and until their respective successors 
have been appointed and qualified, unless they shall 
sooner resign or be removed for cause as hereinafter pro- 
vided ; and thereafter in January in each succeeding 
municipal year one person shall be so appointed a member 
of said board, who shall hold office for three years from the 
first Monday of the February next ensuing, and until his 
successor has been appointed and qualified, unless his 
duties are sooner terminated as hereinafter provided. 
Appointments to fill vacancies which may occur by death, 
resignation or otherwise shall be made without delay by 
the mayor, and he may remove any sewerage commissioner 
from office for the causes and in the manner provided in 
section twenty-seven of chapter three hundred and forty- 
seven of the acts of the year eighteen hundred and eighty- 



1891. — Chapter 243. 813 

eight. Said commissioners shall have such office room 
and clerical assistance and shall receive such compensation 
as the city council from time to time may determine. 

Section 3. Said board of commissioners, acting in May take, etc., 
behalf of the city, shall have full power to take by pur- rights', etc. 
chase or otherwise for the purposes aforesaid, any lands, 
flats, water rights, rights of way or easements in said city 
necessary for the establishment of such system of sewerage 
and sewage disposal, and for main drains and common 
sewers, if any, not included in such system, together with 
the outlet or outlets for the discharge of the sewao-e into 
tide-water, and the connections therewith ; and may divert 
streams or water-courses, may construct sewers under or 
over any water-course, street, bridge, embankment, rail- 
road, highway or other way, in such manner as not 
unnecessarily to obstruct the same, and may enter upon 
and dig up any private land or street for the purposes of 
laying such sewers beneath the surface thereof and of 
maintaining and repairing the same, and may do any other 
thing necessary or proper in executing the purposes of 
this act. 

Sectiox 4. Said board shall, within thirty days after Tofiieinthe 
its selection of any lauds, flats, water rights, rights of way, deedsTdescrip- 
easements or other property to be purchased or taken et°°°Ikenf' 
under this act, file or cause to be recorded in the registry 
of deeds for Norfolk county, a description thereof suf- 
ficiently accurate for identification, with a statement of 
the purpose for which the same is taken or purchased, 
which description and statement shall be signed by said 
commissioners, and the fee or title of the land or property 
so taken or purchased shall thereupon vest in the city of 
Quincy ; and the date of such filing or recording shall be 
deemed the date of the taking. Said city shall be liable Damages. 
to pay all damages that shall be sustained by any person 
or corporation by reason of said taking ; such damages to 
be ascertained and determined in the manner provided in 
the general laws in regard to ascertaining and determining 
damages in case of the laying out, altering or discontinuing 
of highways. 

Section 5. In every case of a petition for the assess- Proceedings in 

./-n ' n . -i-j^ 2_ i* case of petition 

ment ot damages or tor a jury, said city may at any time for assessment 
file an ofler in writing with the other papers in the case, o^ f'»'"«ges. 
to pay the petitioner a sum therein specified as damages, 
and if he does not accept the same within ten days after 



8M 



1891. — Chapter 243. 



Subject to pro- 
visions of P. S. 
19. 



Reports, plans 
and records of 
commissioners. 



Apportionment 
of cost of sys- 
tem, etc. 



notice of such offer, and does not finally recover a greater 
sum than that offered, not including interest from the date 
of the offer on the sum so recovered, the city shall recover 
costs from said date, and the petitioner if he recover 
damages shall be entitled to costs only to the date of the 
offer. 

Section 6. Said city shall, in respect to all work and 
structures in tide-water below high water mark, be subject 
to the provisions, of chapter nineteen of the Public Statutes 
and of all acts in amendment thereof so far as the same 
are applicable to the subject matter of this act. 

Section 7. Said board shall make a semi-annual report 
of its proceedings and expenditures to the city council, and 
shall make further reports when requested so to do by the 
city council. Said commissioners shall cause to be made 
and retained in their office, at the expense of the city, 
complete plans and descriptions of all sewers and drains 
composing said system or otherwise belonging to the city, 
and shall keep a true record of the charges of making and 
repairing the same and of all assessments therefor. 

Section 8. Said city shall bear the cost of any pump- 
ing station or stations and the appliances necessary therefor 
included in said system of sewerage and sewage disposal, 
but in case such cost amounts to less than one third of the 
total cost of said system said city shall further pay and 
contribute such additional sum as may be needed to make 
the total payment borne by the city equal to one third of 
such total cost. The remaining cost of said system shall 
be borne by the owners of estates situated within the 
territory embraced by it and benefited thereby, but no 
estate shall be deemed to be benefited unless or until a 
sewer is constructed into which it can be drained. The 
owners of such estates shall be assessed by said com- 
missioners their proportional parts respectively of such 
portion of the total cost of said system as is not borne by 
the city as above provided ; such proportional parts shall 
be based upon the estimated average cost of all the sewers 
composing said system and shall be assessed by a fixed 
uniform rate according to the frontage of such estates on 
any street or way in which a sewer is constructed, or 
according to the area of such estate within a fixed depth 
from such street or way, or according to both frontage 
and area ; and every such owner shall within three months 
after written notice of such assessment, served on him or 



1891. — Chapter 243. 815 

on the occupant of his ©state or sent by mail to the last 
address of said owner known to said commissioners, pay 
the sum so assessed to the city treasurer : jyrovided, that Proviso, 
said board shall, on the w^'itten request of any such owner 
made within said three months, apportion such assessment 
into such number of equal parts or instalments, not exceed- 
ing ten, as said owner shall state in such request, and they 
shall certify such apportionment to the assessors ; interest 
from the date of said apportionment at the rate of five per 
cent, per annum shall be, added to each of said assessments 
until they are paid, and one of said parts shall be added 
by the assessors to the annual tax on such estates for each 
year next ensuing until all said parts have been so added, 
unless sooner paid as hereinafter provided ; and provided, rroviso, 
further, that nothing herein contained shall be construed 
to prevent the payment at any time in one payment, not- 
withstanding its prior apportionment, of any balance of 
said assessments then remaining unpaid, but interest on 
such balance at the rate of five per cent, per annum shall 
be paid to the date of such payment, and thereupon the 
city treasurer shall receive the same and shall certify such 
payment or payments to the assessors, who shall preserv^e 
a record thereof. In cases of corner lots and lots abutting 
on more than one sewered street, the same area shall not 
be assessed more than once. No assessment shall be made No asaesament 
with respect to any estate until it can be drained by a estate ca/be" ' 
sewer. When a sewer has been built runnino- throuo;h blamed, etc. 
land other than a street, no assessment shall be made as 
to said land abutting on said sewer until that part thereof 
occupied by the sewer shall have been laid out as a street. 

Section 9. An assessment made under section eight Assessment 
shall constitute a lien upon the estate, which shall con- tion eight to be 
tinue for three years after it is made and notice served as estatl."^'"" ^"^^ 
above provided, or, in case of apportionment, until the 
expiration of two years from the time the last instalment 
is committed to the collector ; and said assessment together 
with interest at the rate of five per centum per annum 
may, with incidental costs and expenses, be levied by sale 
of such estate or so much thereof as shall be sufficient to 
discharge the assessment and intervening charges if the 
assessment is not paid within three months after service of 
said notice, or, if apportioned, within three months after 
any part has become due. Such sale and all proceedings 
connected therewith shall be conducted in the same manner 



816 1891. — Chapter 243. 

as sales for the payment of taxes ; and real estate so sold 
may be redeemed the same as if sold for the non-payment 
of taxes and in the same manner. Such assessment or 
parts thereof may also be collected by an action of contract, 
in the name of the city of Quincy against the owner of 
said estate, brought at any time within three years after 
the same has become due. 
myapfiyfo?'' SECTION 10. Any pcrsou aggrieved by such assess- 
aJury- ment may at any time within three mouths after service of 

the notice mentioned in section nine of this act, apply to 
the superior court of said county for a jury to revise the 
same, but before making sucFi application he shall give 
fourteen days' notice in writing of his intention so to do 
to the commissioners, and shall therein particularly specify 
his objection to the assessment ; to which specification he 
shall be confined before the jury. 
pT^5otoa°S Section 11. All the provisions of chapter fifty of the 
Public Statutes and of acts in amendment thereof pertain- 
ing to sewers and drains, not inconsistent with this act, 
shall apply to the city of Quincy in carrying out the pro- 
visions of this act. 
ffidS''"' Section 12. The city of Quincy, for the purpose of 
$4oofooo°!utside P^ji^s ^hc ucccssary expenses and liabilities incurred 
of the debt under this act, may incur indebtedness and may issue 
from time to time as may be required therefor, bonds, 
notes or scrip to an amount not exceeding four hundred 
thousand dollars outside the limit of indebtedness fixed by 
law for said city, and the provisions of section four of 
chapter twenty-nine of the Pu])lic Statutes, as amended by 
chapter three hundred and twelve of the acts of the year 
eighteen hundred and eighty-five, shall not apply to any 
debt created under the authority conferred by this act. 
Such bonds, notes or scrip shall bear on their face the 
words Quincy Sewerage Loan, shall be payable within 
such periods, not exceeding twenty years from the issuing 
of such Ijonds, notes or scrip respectively, and bear interest, 
payable semi-annually, at such rate not exceeding five per 
centum per annum as the city council may determine. 
The city may sell such securities, or any part thereof, 
from time to time at public or private sale, or pledge the 
same for money borrowed for the purposes of this act, pro- 
vided that they shall not be sold or pledged for less than 
the par value thereof; and said city shall retain the 
proceeds thereof in the treasury, and the treasurer shall 



1891. — Chapter 243. 817 

pay therefrom the expenses incurred for the purposes 
aforesaid ; but the premiums, if any, received on the sale sinking fund. 
of such bonds, notes or scrip, shall be paid over to the 
board of sinking fund commissioners and be placed in the 
sinking fund of said city created for the payment of the 
loan herein authorized, or, in case said sinking fund is not 
established as hereinafter provided for, shall be applied to 
the reduction of the principal of said debt either by the 
purchase and retirement of a portion of the outstanding 
bonds or by the payment of bonds at maturity. 

Section 13. The receipts from annual rates, assess- Payment of in- 
ments and payments made in lieu thereof under this act etc. 
shall, after deducting all charges and expenses for and 
incident to the maintenance and operation of said system, 
be applied first to the payment of the interest upon said 
bonds, notes or scrip issued under authority of this act, 
and the balance shall be set apart to meet the requirements 
of the sinking fund for the payment and redemption of 
said bonds, notes or scrip, as provided in section nine of 
chapter twenty-nine of the Public Statutes, or shall be 
applied by the city to extinguish said debt if said sinking 
fund is not established. If the surplus net income from to raise money 
said rates, assessments and payments made in lieu thereof, meerdelici'en^ 
shall in any year be insufBcient to pay the interest on said '^^'^^■ 
bonds, notes or scrip and to meet the requirements of law 
either as to said sinking fund, as hereinbefore provided, 
or as to the annual proportionate payments hereinafter 
provided for, then in such case said city, to meet said defi- 
ciency, shall raise forthwith by taxation, in the same 
mannei" as money is appropriated and assessed for other 
city purposes, such sum as will together with said net 
income be sufficient to meet said requirements of law. 
Said sinking fund shall be used for no other purposes than 
the payment and redemption of said debt. Except as Provisions of 
herein otherwise provided the provisions of chapter twenty- 1884,129,^0 ap- 
nine of the Pul)lic Statutes and of chapter one hundred p'^" 
and twenty-nine of the acts of the year eighteen hundred 
and eighty-four shall so far as applicable apply to the issue 
of such bonds, notes or scrip, and to the establishment of 
a sinking fund for the payment thereof at maturit3^ If in 
any year said surplus net income shall be in excess of the 
sum necessary to pay said interest and to meet the 
requirements of the sinking fund for said year, or of the 
annual proportionate payments hereinafter provided for, 



818 



1891. — Chapter 243. 



Bonds, etc., pur- 
chased for re- 
tirement to be 
cancelled. 



May provide for 
annual propor- 
tionate payment 
instead of estab- 
lishing sinking 
fund. 



Repeal. 



Subject to ac- 
ceptance by a 
majority vote. 



the surplus, together with any other amounts appropriated 
from time to time b}' said city for the payment of said 
principal sum, shall be added to said sinking fund or be 
applied to the reduction of the principal of said debt, 
either by purchase and retirement of a portion of said out- 
standing indebtedness or by the pajniient of the same at 
maturity. All bonds, notes or scrip of said city purchased 
for redemption or retirement under this act shall be can- 
celled. The sinking funds of any loan of said city maybe 
invested in said bonds, notes or scrip. 

Section 14. Said city instead of establishing a sink- 
ing fund may by vote provide for such annual proportion- 
ate payments of said indebtedness as will extinguish the 
same within the time prescribed in this act, and the pro- 
visions of chapter one hundred and thirty-three of the acts 
of the year eighteen hundred and eighty-two, except as 
herein otherwise expressly provided, shall so far as appli- 
cable apply to said annual proportionate payments. In 
determining the amounts of the several annual payments to 
he made under this section, account shall be taken in each 
year of the aggregate sums already received from the 
owners of benefited estates by way of anticipation of the 
parts or instalments accruing under said assessments. 
Each of said annual payments to be made under this sec- 
tion shall be such and only such as shall at the time the 
money therefor is appropriated appear to the city council 
to be suiBcient, when added to the other like annual pay- 
ments and the several instalments or parts of assessments 
then unpaid, to discharge the entire indebtedness at 
maturity, assuming that the several instalments to fall due 
in the future will be paid as the same mature respectively, 
and not before ; but from year to year, as it may be found 
that parts or instalments of assessments have been paid in 
anticipation of their respective dates of maturity, the 
aggregate sums actually paid into the city treasury up to 
the year in question shall be taken into account in fixing 
the proportionate payments to be made by said city during 
that year and subsequent years. 

Section 15. So much of chapter three hundred and 
forty-seven of the acts of the year eighteen hundred and 
eighty-eight and acts in amendment thereof as is incon- 
sistent with the provisions of this act is hereby repealed. 

Section 16. This act shall be submitted for its accept- 
ance to the qualified voters of the city of Quincy, and 



1891.— Chapteks 2^, 245. 819 

shall be void unless such voters, voting in their respective 
wards or precincts at a legal meeting called by order of 
the city council in the same manner as meetings for munic- 
ipal elections are called, shall before the first day of 
January in the year eighteen hundred and ninety-three 
determine by a majority of ballots to accept the same. 

Section 17. 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 efl'ect upon its passage, but it shall 
not take further effect unless and until accepted, as herein- 
before provided, by the qualified voters of said city ; and 
the number of meetings called for the purpose of its accept- 
ance shall not exceed three in any year. 

Approved April 24, 1891. 



effect. 



Cha2J.244 



amended. 



An Act relating to the discharge of mechanics' liens. 

Be it enacted, etc., as follows: 

Section forty-five of chapter one hundred and ninety-one p. s.ioi, §45, 
of the Public Statutes is hereby amended by inserting after 
the word " creditor ", in the second line, the words : — by 
himself or his attorney, — so as to read as follows : — Sec- Lientobedis- 
tion 45. When a debt secured Ijy a lien under this chapter re'cofd'wiien 
is fully paid, the creditor by himself or his attorney shall, ^ebtispaid. 
at the expense of the debtor, enter a discharge of his lien 
on the margin of the record of the statement, or shall exe- 
cute a release, v»diich may be recorded where the statement 
is recorded. Approved April 24, 1891. 

An Act to authorize the rebuilding and extension of the fiify^ 94.Pi 
draw-fender pier of the newburyport bridge between the -^ 

city of newburyport and the town of SALISBURY. 

Be it enacted, etc., as folloivs : 

Section 1. The county commissioners of the county Draw-fender 
of Essex are herelsy authorized and empowered, if in their blfrypon bridge 
judgment public necessity and convenience require, sub- may be rebuilt, 
ject to the provisions of chapter nineteen of the Public 
Statutes, to rebuild and extend the draw-fender pier of the 
Newburyport bi'idge between the city of Newburyport and 
the town of Salisbury. 

Section 2. The said county commissioners after said 
rebuilding and extension is completed shall, after due 
notice to the parties interested and after hearing such 
parties, proceed to determine, apportion and assess on said 



Assessment to 
meet expense. 



820 1891. — Chapters 246, 247. 

county and said city of Newburyport such amount as they 
shall deem just for the cost of said work. 
maybonow^" Sectiox 3. Said commissioucrs, if it be necessary, 
money. j^j.g hereby authorized to borrow money for the purposes 

aforesaid. 

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

Approved April 24^ 1891. 

ChCt,'P.2l4:Q ^^ ^^^ ^^ EXEMPT THE INHABITANTS OF THE TOWN OP BILLERICA 

FROM MAINTAINING A HIGH SCHOOL. 

Be it enacted, etc., as foUoios : 
frormaSn- Sectiox 1. So loug as the Trustees of the Howe 
icho^of'^*^ School, a corporation established in the town of Billerica, 

shall permit the children of said town to attend said school 
without the payment of tuition, and shall cause instruction 
to be given to said children who may attend said school, 
in the studies required to be taught in high schools in this 
Commonwealth, and shall furnish them the necessary text- 
books free of charge, the inhabitants of said town of 
Billerica shall lie exempt from the obligation to maintain 
a high school in said town. 
.Tn"t"i^Ji'„ff'^ Section 2. Nothing in this act shall be construed to 

not compulsory , _ o ^ 

upon the true- rcquirc Said trustees to permit the children of said town 

tees of Howe i-iii-i i />•• 

school, etc. to attend said school without the payment oi tuition, or to 
give instruction which is required to be given in high 
schools in this Commonwealth, or to furnish necessary 
text-books therefor, or to prevent said inhabitants of said 
town from establishing therein a high school at any time. 
Section 3. This act shall take effect upon its passage. 

Approved April 24, 1891. 

Chcip.2i4:7 ^^ -'^CT TO INCORPORATE THE LEXINGTON PRINT AVORKS. 

Be it enacted, etc., as folloivs : 
PHnt^wo?!^ Section 1. Charles Buffum, Joseph W. AVoods and 
incorporated. E, j^^ Bkuchard, their associates and successors, are 
hereby made a corporation by the name of The Lexing- 
ton Print Works, for the purpose of printing in colors on 
merchandise, and in connection therewith of buying, sell- 
ing or manufacturing merchandise, in the town of Lex- 
ington ; 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 are now or 
may hereafter be in force relating to such corporations, 
except as is herein otherwise expressly provided. 



1891. — Chaptek 248. 821 

Section 2. The capital stock of said corporutiou shall Capuai stock. 
not exceed sixty-five thousand dollars, and said corpora- 
tion shall not transact any business until at least twenty- 
five thousand dollars shall have been paid in. 

Section '6. The capital stock of said corporation shall f.'feommolT'''' 
be divided into preferred stock and common stock, of which stock. 
not more than eight thirteenths shall be preferred stock. 

Section 4. The holders of said preferred stock shall hoTderrmaT^" 
be entitled to all the privileges of other members of the vote at annual 
corporation, including the right to vote upon such stock 
m person or by proxy at all corporate meetings. 

Section 5. The holders of said preferred stock shall prefe^edVtock- 
be entitled to dividends upon the same annually, out of iioiders. 
the net profits, in preference and priority to the holders 
of any other stock of said corporation, to the amount of 
such rate per cent, thereon not exceeding ten per cent, as 
may be determined by vote of said corporation prior to 
the issue of the same, which rate per cent, shall be ex- 
pressed in the certificates of said preferred stock, and 
shall also share pro rata with the holders of the common 
stock in any excess dividend in any year above a divi- 
•dend on the common stock of twenty per cent. The pro- 
visions of law relative to special stock and to the liability 
of general stockholders when special stock is created shall 
not be held to apply in the case of stock issued under 
this act. 

Section 6. In case of dissolution or termination of ^^y™'^"!,'' \° , 

preferred stock- 

said corporation, the holders of preferred stock shall be holders in case 
entitled to payment of the same in full next after pay- corporation. 
ment of the debts of the corporation and before any pay- 
ment to the holders of stock not preferred. 

Section 7. This act shall take efiect upon its passage. 

A2J][)roved April 27, 1891. 

An Act to authorize the city of chelsea to provide for n'hrfy^ 24-R 

PAYING AND REFUNDING ITS FUNDED DEBT. 

Be it enacted, etc., as follows: 

Section 1. The city of Chelsea is hereby authorized May apply sink- 

II" 1 1 /• T-w 1 • 1 • ''^'^ funds to 

to apply, during the month ot December in the year nine- payment of 
teen hundred and eleven, its existinsr sinking- funds and 
any additions thereto to the payment of its existing 
funded debt. 

Section 2. The said city, availins; itself of the provi- May issue new 

•^ ^ ^ DO lid 8 etc. 

sions of the foregoing section, may issue new bonds, notes 



822 



1891. — Chapter 249. 



Sinking fund. 



Indebtedness 
incurred under 
P. 8. 29, § 5, to 
be paid out of 
tax levy. 



Not exempt 
from provisions 
of 1885, 312. 



Subject to ac- 
ceptance by city 
council. 



or scrip from time to time as the outstanding bonds, 
notes or scrip which shall then constitute the remainder 
of its funded indebtedness, not including however the 
indebtedness incurred under the provisions of section five 
of chapter twenty-nine of the Public Statutes, shall sev- 
erally mature, for the purpose of providing for the pay- 
ment of the same, and may make said bonds, notes or 
scrip, so issued as aforesaid, payable on the thirty-first 
day of December in the year nineteen hundred and eleven, 
and shall at the time of said issue establish a sinking fund 
and contribute thereto from year to year an amount, raised 
annually by taxation, sufficient with its accumulations to 
pay said bonds, notes or scrip, so issued as aforesaid, at 
their maturity. 

Section 3. All indebtedness now or hereafter con- 
tracted by the city of Chelsea under the provisions of sec- 
tion five of chapter twenty-nine of the Public Statutes 
shall upon its maturity be paid out of the sums raised by 
the tax levy, as allowed by section one of chapter three 
hundred and twelve of the acts of the year eighteen 
hundred and eighty-five, and shall not be construed to 
form any part of the sums required to be raised on account 
of the city debt. 

Section 4. Nothing herein contained shall exempt 
the said city from the provisions of chapter three hundred 
and twelve of the acts of the year eighteen hundred and 
eighty-five, except as hereinbefore provided. 

Section 5. This act shall take effect upon its accept- 
ance by the city council of the city of Chelsea. 

Apjyroved April 27, 1891. 



Ch(l7)'^4iO -^^ -^^"^ '^'^ REGULATE THE HEATING OF PASSENGER CARS ON 

RAILROADS. 



Heating of pas- 
senger care 
regulated. 



Be it enacted, etc., as folloivs : 

Section 1. It shall not be lawful for any steam rail- 
road corporation doing business in this state, after the 
first day of November in the year eighteen hundred and 
ninety-two, to heat its passenger cars by a stove or fur- 
nace kept inside the car or suspended therefrom, unless 
such method of heating becomes temporarily necessary by 
reason of accident or other emergency : provided, how- 
ever, that the board of railroad commissioners may from 
time to time grant such exem[)tions from the requirements 



1891. — Chapters 250, 251, 252. 823 

of this act as may seem to said board necessary or reason- 
able. 

Section 2. Any corporation violating the provisions Penalty. 
of this act shall be liable to a penalty not exceeding five 
hundred dollars. Approved April 27, 1891. 

An Act to authorize the order of f 900 to change its corpo- Qhci7).250 

RATE NAME. 

Be it enacted, etc., as folloivs : 

Section 1. The Order of $900, a corporation duly ^'ame may be 
incorporated under the laws of this Commonwealth, is ooidln^'paim!'^ 
hereby authorized to change its corporate name to that of 
The Golden Palm. 

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

Ajyjyroved April 28, 1891. 

An Act relative to the board of public works for the city Qhnr) 251 

OF NEW BEDFORD. "' 

Be it enacted, etc., as foUoivs : 

Section 1. Chapter one hundred and fifty-four of the Board of pubuc 
acts of the year eighteen hundred and eighty-two as pa°k " " 
' amended by chapter two hundred and forty of the acts of 
the year eighteen hundred and ninety, and chapter one 
hundred and sixty-seven of the acts of the year eighteen 
hundred and eighty-nine as amended by chapter three 
hundred and forty-two of the acts of the year eighteen hun- 
dred and ninety, shall be so construed as to make the 
board of puljlic works for the city of New Bedford park 
commissioners, with the powers specified in said chapter 
one hundred and fifty-four of the acts of the year eighteen 
hundred and eighty-two. 

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

Approved A2)ril 28, 1891 . 



works to be the 

commis- 
sioners. 



Chap.25'1 



An Act to supply the town of easthampton with water. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Easthampton may supply Town may sup- 
itself and its inhabitants with water for the extinguish- lv.^;ir!"' '''''' 
ment of fires and for domestic and other purposes, includ- 
ing the furnishing of power ; may establish fountains, 
watering places and hydrants and relocate and discontinue 
the same ; may regulate the use of such water and fix and 
collect rates to be paid for the use of the same. 



824 1891. — Chapter 252. 

fJom^prlnls'" Section 2. The said town, for the purposes aforesaid, 
ponds, etc. u^.^y take bj purchase or otherwise and hold the waters of 
all springs, ponds and streams located and described as 
follows: — First. Those located in Northampton on or 
near the top of Mount Tom, at a place known as the Old 
Orchard, and being on or flowing through lands of Joseph 
Parsons, Franklin W. Janes and others, and forming a 
branch of a brook flowing northeasterl}" past an old mill 
once known as Shannon's mill, and thence emptying into 
the Connecticut river. Second. Springs and streams 
located partly in Northampton and partly in Easthampton, 
on lands owned by Henry Clark, J. Frank Clark, Enoch 
E. Wood, estate of Martin Rich and others, on the west- 
erly slope of Mount Tom, and flowing northwesterly and 
emptying into Williston pond. Third. Springs and 
streams known as Brandy brook and Rum brook located 
in the town of Easthampton on the westerly slope of 
Mount Tom, on lands owned by George W. Hendrick, 
Horatio B. Shoals, George L. Manchester, Sarah J. 
Sawyer and others, flowing northwesterly and emptying 
into Nashawannuck pond. Fourth. Springs and streams 
located in the town of Easthampton on the westerly slope 
of Mount Tom, on lands of George W. Hendrick, Charles 
B. Hendrick, R. Sparrow Hendrick and others, and con- 
stituting branches- of Broad brook, which flows northerly 
and empties into Nashawannuck pond. Fifth. Springs 
and streams known as Wilton brook located partly in 
Southampton and partly in Easthampton, being on lands 
or flowing northeasterly through lands of Alba Coleman, 
estate of Sidney Aver}-, William N. Clapp, James H. Ly- 
man, Z. A. Thayer and others, and emptying into Nasha- 
wannuck pond. Sixth. And the said town, for the pur- 
poses aforesaid, may in like manner take and hold the waters 
of any other ponds, springs or streams located anywhere 
within the limits of said town of Easthampton, and also 
all the water rights connected with any and all said 
May take lands, springs, strcams and ponds. Seventh. And the said 
rights way, ^owu, for the purposcs aforesaid, may in like manner 
take and hold all the lands, rights of way and easements 
necessary for holding and preserving such water and for 
conveying the same to any part of said town of Easthamp- 
ton ; may also plant, grow, protect and preserve any 
wood and timber upon any lands in the vicinity of any and 
all said waters, and may take and hold the lands for that 



1891. — Chapter 252. 825 

purpose ; and may erect on any lands taken and held, ^YtfxfuJe'i^"* 
proper dams, buildings, fixtures or other structures, and 
may make excavations, procure and operate machinery and 
provide such other means and appliances as may be nec- 
essary for the establishment and maintenance of complete 
and effective water works; and may construct and lay May lay down 
down conduits, pipes and other works under or over any 
lands, water-courses, railroads or public or private ways, 
and along any such way in such manner as not unneces- 
sarily to obstruct the same ; and for the purpose of con- May dig up 

. *^, . . J . . , . . 1 T -J • lands under 

structmg, mamtammg and repairing such conduits, pipes direction of the 
and other works, and for all proper purposes of this act ^''''''^'™'^°- 
and for carrying the same into efiect said town may dig 
up any such lands, and under the direction of the board 
of selectmen of the town in which any such ways are situ- 
ated may enter upon and dig up any such ways in such 
manner as to cause the least hindrance to public travel on 
such ways. 

Section 3. The town shall, within sixty days after the To cause to be 

.i- ,. Ill -ij c J • ^ 1 recorded in the 

taking oi any such lands, rights oi way, water rights, registry of 
water-courses or easements as aforesaid, otherwise than uon'oftlfe^ialfd, 
by purchase, tile and cause to be recorded in the registry etc., taken. 
of deeds for the county in which the said lands or other 
property are situated, a description thereof sufiiciently 
accurate for identification, with a statement of the pur- 
poses for which the same were taken, signed by the water 
commissioners hereinafter provided for. 

Section 4. The said town shall pay all damages sus- Damages. 
tained by any person or corporation in property by the 
taking of any lands, right of way, water, water-course, 
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 the assessment of damages 
shall be made for the taking of any water, water right 
or for any injury thereto, until the water is actually with- 



826 1891. — Chapter 252. 

drawn or diverted by said town under tlie authority of 
this act. 
K)Tno't'exceed- Section 5. The Said town may, for the purpose of pay- 
ing $50,000. ing the necessary expenses and liabilities incurred under 
the provisions of this act, borrow money from time to 
time and issue therefor notes, bonds or scrip to an amount 
not exceeding in the aggregate fifty thousand dollars ; 
such notes, bonds or scrip shall bear interest payable 
semi-annually at a rate not exceeding five per cent, per 
annum and shall be payable at the expiration of periods 
not exceeding ten years from the date of issue, and shall 
be signed by the treasurer of the town and be counter- 
May seii securi- signed by a majority of the selectmen. Said town may 
private sale. scll sucli sccurities at public or private sale, or pledge the 
same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem proper. 
itspaymenun The Said towu shall at the time of the authorizing of said 
tXate^™^'""^' ^^''^" provide for the payment thereof in such annual pro- 
ments. portiouatc payments as will extinguish the same within 

the time prescribed in this act, and a sum not less than 
ten per cent, of the aggregate sum of said loans shall 
be provided for and paid annually by said tow^n, 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 loans shall be extinguished, in 
the same manner as other taxes are assessed under the 
provision of section thirty-four of chapter eleven of the 
Public Statutes, 
uimwhauicfion Section 6. The return required by section ninety-one 
has been taken, of chapter cleveu of the Public Statutes shall state what 
action has been taken in accordance with the provisions of 
the preceding section and the amounts raised and applied 
thereunder for the current year. 
attolTlu'ffimenT' Section 7. The Said town shall raise annually by tax- 
with income ' atlou a sum which with the income derived from the water 
rates, to pay ratcs wiU bc sufficicut to pay the current annual expenses 
penses, et^c. of Operating its water works and the interest as it accrues 
on the notes, bonds or scrip issued as aforesaid by said 
town, and to make such contributions to the payments on 
the principal as may l)e required under the provisions of 
this act. 
Pe^naity for wii- Section 8. "Whocvcr wilfullv or W'antonly corrupts, 

luiiv corruptinff •/ j. -' 

or diverting pollutcs or dlvcrts any of the waters taken or held under 

water, etc. ■"• 



1891. — CHArTER 252. 827 

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, or burns or destroys any 
trees, wood or timber standing or being upon land taken 
or held under the authority of this act, shall forfeit and 
pay to said town three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or 
wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 

Section 9. The said town shall, after its acceptance Board of water 
of this act, at a legal meeting called for the purpose, elect to be elected. 
b}^ ballot three persons to hold office, one until the expi- 
ration of three 3'ears, 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 a term of three years. All the authority 
granted to said town by this act and not otherwise 
specifically provided for shall be vested in said board of 
water commissioners, who shall be subject however to 
such instructions, rules and regulations as said town 
may impose by its vote. A majority of said commis- Quorum, 
sioners shall constitute a quorum for the transaction of 
business relative to said water works. Any vacancy occur- Vacancy. 
ring in said board from any cause may be filled for the 
remainder of the unexpired term by said town at any legal 
town-meeting called for the purpose. 

Section 10. This act shall take effect upon its accept- subject to ac- 
ance by two-thirds of the voters of the said town present t^;x)-thM9 vote 
and voting thereon at any legal town-meeting called for yiars" ^^"^^^ 
the purpose within three years from its passage ; but the 
number of such meetings shall not exceed three in any 
one year. At such meetings the votes shall be taken by 
written or printed ballots and the polls shall be kept open 
at least Four hours. At such meetings the selectmen shall 
preside, and in receiving said ballots the check-list shall 
be used in the same manner as it is used at elections of 
national, state and county officers. 

Approved April 28, 1891. 



828 



1891. — Chapters 253, 254. 



City of Wal- 
thatn may pro- 
vide an addi- 
tional water 
supply. 



Amount of 
water to be 
taken to be 
determined by 
board of alder- 
men. 



ChClV.253 ^^ ^^'^ "^^ PROVIDE AN ADDITIONAL WATER SUPPLY FOR THE 

CITY OF WALTHAM. 

Be it enacted, etc., as follows: 

Section 1. The city of Waltham is hereby authorized 
to take, hold and convey into and through said city, from 
the Charles river in Waltham or from ground near said 
river at any point upon or near the same, water for the 
use of said city and the inhabitants thereof, not exceeding 
three millions of gallons daily including the one million 
of gallons which it is now authorized to take by chapter 
three hundred and thirty-seven of the acts of the year 
eighteen hundred and seventy-two and chapter three hun- 
dred and nine of the acts of the year eighteen hundred and 
eighty-four, and by vote of the town of AValtham. 

Section 2. Whenever said city of Waltham shall desire 
to take water as herein provided it shall, by vote of its 
board of aldermen, determine what amount daily it will 
take of said three millions of gallons herein provided for ; 
and it shall thereupon be lawful for said city to take only 
the amount daily from said river provided for by said 
vote, in addition to the amount taken under the provi- 
sions of said chapter three hundred and thirty-seven and 
by vote of said town. Whenever said city shall desire to 
take a further portion of said three millions of gallons it 
shall again determine as aforesaid by vote of its board of 
aldermen the amount in addition to be taken daily. 

Section 3. The said city of Waltham shall be liable 
to pay all damages that shall be sustained by any person 
or persons in their property by the taking of the waters 
of the said Charles river or other source of supply, or any 
part thereof as authorized by this act ; and the provisions 
of said chapter three hundred and thirty-seven and said 
chapter three hundred and nine shall apply to the addi- 
tional two millions of gallons daily so far as the same shall 
be taken or diverted from said Charles river. 

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

A2y2)roved April 28, 1891 . 

.~_1 An Act relating to evidence in cases of violation of 
certain game laws. 

Be it enacted, etc., as folloivs : 

Section six of chapter two hundred and sevent3'^-six of 
the acts of the year eighteen hundred and eighty-six is 



Liability for 
damages. 



Chap.2ry4: 



1886, 276, § 6, 
amended. 



1891. — Chapters 255, 256. 829 

hereby amended by adding, at the end of said section, the 
words: — and the constructing or setting of any trap, 
snare or net adapted for the taking or killing of a game 
bird, water fowl, hare or rabbit, upon premises frequented 
by such game bird, water foAvl, hare or rabbit, shall be 
presumptive evidence of such constructing and setting 
with intent to take and kill contrary to law, — so that 
said section as so amended shall read as follows : — Section penalty for 
6. Whoever takes or kills a game bird or water fowl, hare ete'^by^snlres, 
or rabbit l)y means of a trap, net or snare, or by the use of kuiing^birds by 
a ferret; and whoever, for the purpose of taking or killing useofswhei, 
a game bird, water fowl, hare or rabbit, constructs or sets 
any trap, snare or net, or uses a ferret ; and whoever 
shoots at or kills any wild fowl or any of the so called 
shore, marsh or beach birds with or by the use of a swivel 
or pivot gun, or ])y the use of a torch, jack or artificial 
light, or pursues any wild fowl with or by aid of a 
sailboat or steam launch, shall be punished by a fine of 
twenty dollars ; and the constructing or setting of any Evidence. 
trap, snare or net adapted for the taking or killing of a 
game bird, water fowl, hare or rabbit, upon premises fre- 
quented by such game bird, water fowl, hare or rabbit, 
shall be presumptive evidence of such constructing and 
setting with intent to take and kill contrary to law. 

Approved April 28, 1891. 

An Act to require the school committee of the city of nj^nj) 255 

QDINCY TO FURNISH CERTAIN ESTIMATES TO THE CITY COUNCIL. "' 

"Be it enacted, etc., as follows: 

The school committee of the city of Quincy shall, on or school commit- 
before the twentieth day of February of each year, furnish IttimateaTocity 
to the city council of said city itemized and detailed esti- '^°"°"'- 
mates of the amount of money required for the school de- 
partment of the city during the ensuing financial year. 

Approved April 28, 1891. 

An Act relative to the appointment of election officers nj^rf^ 9^fi 

IN cities. "' 

Be it enacted, etc., as follows: 

The appointment of all election ofiicers in cities, as pro- Appointments 
vided in section seventy-five of chapter four hundred and momh'of sep- 
twenty-three of the acts of the year eighteen hundred and '''™'^'^''- 
ninety, shall be made during the month of September in 



830 1891. — Chapters 257, 258. 

each year. So much of said section seventy-five as is 
inconsistent herewith is hereby repealed. 

Approved April 28, 1891. 

CJiar).257 ^^ ^^^ RELATING TO CORPORATE NAMES. 

Be it enacted, etc., asfolloivs: 

Mme°Bfra™aTto Section 1. A corporation Organized luider the general 

that of another laws of the Common Wealth shall not be allowed to assume 

without written the name of a corporation established under the laws of, 

or carrying on business in, this Commonw^ealth at the time 

of such organization or within three years previous to such 

organization, or a name so similar thereto as to be liable 

to be mistaken for it, unless the consent in writing of said 

existing corporation shall have been previously tiled with 

Action of otfi- the commissioner of corporations ; and the action of any 

cials subject to . . rn c .\ f^ M.\ • 

revision. Doard, comuiissioner or omcer or the Commonwealth m 

approval of the certificate of organization, or in issuing a 
certificate of incorporation shall be subject to revision as 
provided in the following section. 

Pro%ision8 may Section 2. Tlic suprcuie iudjcial court or thc supcrior 

DG GDIOrCGQ DV i •/ *■ 

the courts. court may enjoin a corporation organized as aforesaid 
from doing business under a name prohibited by the fore- 
going section, upon a bill in equity or petition brought by 
any person or corporation interested therein or afl^ected 
there b}^ 
Repeal. SECTION 3. All acts and parts of acts inconsistent 

herewith are hereby repealed. 

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

Ajjproved April 28, 1891. 

(JJian.2i5S ^^ -^^"^ '^'^ readjust the division lines between the city of 

CAMBRIDGE AND THE TOWN OF BELMONT. 

Beit enacted, etc., as follows: 

feldfiTJd!''^ Section 1 . All that part of the town of Belmont con- 
tained within the line described as follows: — Bej^inning 
at a point in the present dividing line between the city of 
Cambridge and the town of Belmont, on the southwesterly 
side of Gushing street ; thence running northwesterly along 
the southwesterly side of said Gushing street about four 
hundred and two feet, to a point in the northwesterly line 
of Grove street in Belmont at its intersection with the 
southwesterly line of Gushing street extended ; thence 
running in a general northerly direction along the west- 



1891. — Chaptee 258. 831 

erly line of said Grove street, about seventeen hundred Division lines. 
and forty-one feet, to a point in the northerly line of 
Washington street in Belmont at its intersection with the 
said westerly line of Grove street extended ; thence run- 
ning easterly along the said northerly line of Washington 
street and said line extended easterly, al^out five hundred 
and forty-one feet, to the tangent point of a curve ; thence 
by a curved line of two hundred feet radius, about eighty 
feet, to its intersection with the extension of the present 
dividing line between the town of Belmont and the city of 
Cambridge ; thence running southerly along said extension 
and said dividing line, about nineteen hundred and thirty- 
three feet, to the point begun at on the southwesterly side 
of Gushing street: — the same being shown upon a plan 
drawn by the city engineer of Cambridge, dated the twen- 
tieth day of March in the year eighteen hundred and 
ninety-one, and on file in the registry of deeds for the 
southern district of the county of Middlesex, — with all the 
estates therein, is hereby set off from the town of Bel- 
mont and annexed to the city of Cambridge, and until a 
new division of wards in said city is made shall be and 
constitute a part of the first ward thereof. 

Section 2. The power to alter, straighten, Aviden, Power to alter, 
repair and grade all county and town ways existing in vested i^^L 
the territory mentioned in this act shall be vested in the bridgl^'*'"' 
city of Cambridge, to be exercised either by the city 
council or by such agents, officers and servants as the 
city council shall from time to time ordain, direct and 
appoint to have the care and maintenance of its water 
works and water supply. 

Section 3. The line dividing the city of Cambridge Dividing iine 
and the town of Belmont, between the premises hereby "^*'^'' ^ 
set off from the town of Belmont and Concord avenue in 
said Caml)ridge, shall be and hereby is the line on the 
westerly side of Adams street as shown by a red line upon 
the said plan hereinbefore mentioned, drawn by the city 
engineer of Cambridge, and all the land on the Cambridge 
side of said line shall be set off to the city of Cambridge, 
and the land on the Belmont side of said line shall be set 
off to the town of Belmont. 

Section 4. For the purpose of preserving the purity streets to be 
of the waters in Fresh pond, by the building and main- hydTanu'tobe 
taining of the streets herein named, said city of Cambridge, '^°''^^' ^'<'- 
by its city council or by such agents, officers and servants 



832 



1891. — Chapter 259. 



Payment of ex- 
penses out of 
the surplus of 
sinking funds. 



Streets to be 
public ways ; 
Belmont and 
Cambridge to 
have certain 
common rights 
therein. 



as are mentioned in section two of this act, is authorized 
and required, within two years from and after the passage 
of this act, to lay out, construct and maintain Gushing 
street from Woodlawn avenue to Grove street ; Grove 
street from Gushing street to Washington street ; Wash- 
ington street from Grove street to Adams street : and 
Adams street from Washington street to Goncord avenue, 
forty feet in width, inchidiug sidewalks, as shown upon 
the plan hereinbefore mentioned, and to move the hydrants 
now in said streets to the side thereof, and to reconstruct, 
repair and maintain that portion of Goncord avenue which 
lies between Adams street and Fresh Pond avenue, in said 
city. And the expense of such laying out, constructing 
and maintaining said streets between the points aforesaid, 
as well as the expense of laying out, grading, embellish- 
ing and maintaining the grounds around said Fresh pond 
which said city has been permitted to take and hold for 
the purpose of preserving the purity of its waters, may 
be paid for out of the surplus moneys received by said 
city for water rates and charges over and above the sum 
required to be set apart for the sinking fund for the 
redemption of water bonds ; but the said streets shall be 
and remain ways for public use ; and the said town of 
Belmont shall have the right in common with said city 
of Gambridge, and under the direction of its engineer, 
in and along said Grove street, Washington street and 
Adams street, to lay and maintain public sewer and water 
pipes, and to grant permission- to lay gas pipes, and also 
to place and maintain in proper places in said streets 
poles and wires for electric lighting ; the said streets to 
be restored to their proper condition by said town when- 
ever disturbed by the town or by those acting by its per- 
mission for such purposes. 

Section 5. This act shall take effect upon its passage. 

Ap2)roved April 28, 1891. 



Chap 



Sinking funds 
of the Com- 
monwealth. 



.259 ^'^ ^^"^ RELATING TO THE SINKING FUNDS OF THE COMMONWEALTH. 

Be it enacted, etc., as folloivs: 

Section 1. Whenever the accumulations of any of the 
sinking funds of the Gommonwealth are suflScient to extin- 
guish at maturity the indebtedness which such fund was 
established to pay, the subsequent accumulations of such 
fund may be added by the treasurer and receiver-general 



1891. — Chapters 260, 261. 833 

to any of the sinking funds which are not sufficient to 

meet the indebtedness for which they were established. 

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

Approved April 28, 1891. 



An Act to confirm proceedings of town-meetings heretofore 
held during the present tear. 



Chap.2Q0 



Be it enacted, etc., as foUoivs : 

Section 1. The proceedings of any town-meeting here- Proceedings of 
tofore held during the year eighteen hundred and ninety- confirmed. 
one shall not be invalid by reason of the omission in the- 
warrant calling such meeting of a specification of the time 
of opening the polls and the time of closing the same, or 
by reason of any action taken by said meeting with refer- 
ence to keeping open said polls or closing the same, pro- 
vided the polls at such meeting were kept open at least 
four hours. 

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

Approved April 28, 1891. 



An Act authorizing appeals in certain cases from orders 
OF inspectors of public buildings. 



OAap.261 



Be it enacted, etc., as folloios : . 

Section three of chapter one hundred and forty-nine of i«s8, 149 §3, 

1 iiii'i-i- amended. 

the acts of the year eighteen hundred and eighty-eight is 
hereby amended by adding at the end thereof the follow- 
ing : — Any person or corporation aggrieved by the order Appeals from 
of an inspector issued as above provided, and relating to specters of " 
a public building or a school-house in a city or town may, fn^g^'s.''' ^"''''" 
within two weeks from the day of the service thereof, or 
in the case of such an order already issued, within thirty 
days from the date of the passage of this act, apply in 
writing to the board of health of such city or town to set 
aside or amend the same ; and thereupon, after such notice 
as said board shall order to all parties interested, a hear- 
ing shall be given by said board upon such order of the 
inspector, and said board may either alter such order, 
annul it in full or affirm the same. The order so amended 
shall have the same force and effect as the original order. 

Approved April 28, 1891. 



834 



1891. — Chapters 262, 2G3. 



1890, 428, § 1, 
amended. 



Upon petition 
and hearing a 
commission on 
grade crossing 
may be ap- 
pointed. 



0/itt7).262 ^^ ■^^'^ TO AUTHORIZE THE GOVERNOR AND COUNCIL TO TAKE 
ACTION IN CASES RELATING TO GRADE CROSSINGS. 

Be it enacted, etc., asfoUoivs: 

Section one of chapter four hundred and twenty-eight 
of the acts of the year eighteen hundred and ninet}^ is 
hereby amended by inserting after the word " company", 
in the fourth line thereof, the words : — or of the attorney- 
general of the Commonwealth upon instructions from the 
governor and council, given after due notice to parties 
interested and hearing thereon, — so that said section as 
amended shall read as follows: — /Section 1. Upon peti- 
tion of the mayor and aldermen of a city or of the select- 
men of a town, in which a public way and a railroad'cross 
each other at grade, or of the directors of the railroad 
company, or of the attorney-general of the Common- 
wealth upon instructions from the governor and council, 
given after due notice to parties interested and hearing 
thereon, setting forth that the petitioners are of the 
opinion that it is necessary for the security and conven- 
ience of the public 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 any 
justice thereof sitting in equity for the county in which 
said 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 discretion 
appoint a commission of three disinterested persons. 

Approved April 30, 1891. 

ChCin.^iQS -^^ -^^^ RELATING TO THE PAYMENT OF TUITION IN HIGH SCHOOLS 

BY CERTAIN TOWNS. 

Be it enacted, etc., as follows : 

to^vn^ortmtion SECTION 1. Any towu uot required by law to main- 
in a high school tain a hio^h school shall pay for the tuition of any child 

of another town. , •ii t • t • - i t 

who with the parent or guardian resides in said town and 
who attends the high school of another town or city, pro- 
vided the parent or guardian of such child before such 
attendance obtains the approval of the school committee 
of the town in which the child and parent or guardian 
reside. 



1891. — Chapter 264. 835 

Section 2. If any town not required by law to main- Liability of 
tain a high school neglects or refuses to pay for tuition as 
provided in the preceding section, such town shall be 
lial)le therefor to the parent or guardian of the child fur- 
nished with such tuition, if the parent or guardian has paid 
the same, or to the town or city furnishing the same, in an 
action of contract. Approved April 30^ 1891. 

An Act relative to supervisors of elections. OAttZ>.264 

Be it enacted^ etc., as follows : 

Section 1. Upon the petition in writing of ten quali- f^jlf^l^iTot^^ 
tied voters of a ward of a city, or of a town, whether elections. 
divided into voting precincts or not, presented to the gov- 
ernor at least twenty-one days before any election of state, 
district, county or municipal officers, he shall appoint, by 
and with the advice and consent of the council, for such 
town or for each of such voting precincts as may be named 
in said petition, two citizens, residents of such city or town 
but not signers of such petition or members of any regu- 
larly elected political committee or candidates for office, 
to act as supervisors at the said election. Said super- Qualification. 
visors may take the oath or affirmation necessary to qual- 
ify them for the discharge of their duties, before a town 
clerk or any other officer qualified to administer an oath. 
Said supervisors shall be appointed one from each of the one from each 
two leading political parties, shall be present at the ing political 
several precincts or polling places for which they are aud'dm'ie^"^^'* 
appointed, shall have the right to challenge illegal voters, 
shall witness throughout the conduct of the voting and 
counting of the votes, but neither individually nor as 
election officers shall make any statement tending to reveal 
the state of the polls prior to the public declaration of 
the vote, shall remain where the ballot-bo.\es are kept, 
at all times after the polls are open and until the ballots 
are duly sealed in the envelope for transmission to the 
authorities entitled to receive the same. Said super- 
visors and either of them shall have the right to affix 
their signatures or his signature to the certificate of the 
number of votes cast, for purposes of identification, and 
to attach thereto any statement touching the truth or fair- 
ness thereof or of the conduct of the election which they 
or he mav ask to attach. Any supervisor who shall I'enaitieson 

. «' J I supervisors. 

Violate any of the provisions of this act, and any one who 
shall prevent such supervisor from doing any of the acts 



836 1891. — Chapters 265, 266. 

herein authorized, or who shall hinder or molest such 
supervisor in doing any of said acts, or shall aid or abet 
in preventing, hindering or molesting such supervisor in 
respect to any such acts, shall be punished by a fine not 
exceeding three hundred dollars or b}^ imprisonment in 
jail for not more than one year. 
Compensation. SECTION 2. Each supervisor appointed according to 
the provisions of section one of this act shall receive such 
reasonable compensation for each day's actual service as 
the city council of the city or the selectmen of the town 
where he serves may from time to time determine, to be 
paid by such city or town. 

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

Approved April 30, 1891. 

ChClp.2Q5 -^N ^^^ RELATING TO OFFICERS OF INCORPORATED CHURCHES. 

Be it enacted, etc., as follows: 
^^ersoi^^^^^^ Section 1. Corporations organized under chapter four 
mu'tee"^'^°™ hundred and four of the acts of the year eighteen hundred 
and eighty-seven may have, instead of a standing com- 
mittee, a board of trustees, managers, directors, executive 
committee, prudential committee, wardens and vestry, or 
other officers with the powers of a standing committee. 
Section 2. This act shall take effect upon its passage. 

Approved Ap)ril 30, 1891. 

(JJlCip.^'&Q An Act in relation to the conservation of the Connecticut 

RIVER. 

Be it enacted, etc., as follows : 

urlT^eic^^^'^^' Section 1. Every erection and work made or done in 
i?!'"!'^ p'"^^'° or within the banks of the Connecticut river below high 
water mark, without authority from the general court or 
from the board of harbor and land commissioners, or in a 
manner not sanctioned by said board when its license or 
approval is required as provided in chapter three hundred 
and forty-four of the acts of the year eighteen hundred and 
eighty-five, shall be deemed a public nuisance and liable 
to indictment as such ; and said board may order suits on 
behalf of the Commonwealth to prevent or stop any such 
nuisance, by injunction or otherwise, and the attorney- 
general and district attorneys within their districts shall 
commence and conduct such suits. 



nuisances. 



1891. — Chapters 267, 268. 837 

Section 2. Nothins; in this act shall be construed as structures here- 

~ , , , . . torore made not 

legalizino- any structure, hi ling' or other encroachment in legalized. 
or upon said river below high water mark, heretofore 
made or done without due authority of law, or as waiving 
or impairing any rights or remedies of the Commonwealth 
or of any person in respect thereto. 

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

Approved April 30, 1891. 

An Act to confirm certain proceedings of the town-meet- (Jh(ip.2Q7 

ING of NANTUCKET HELD IN THE MONTH OF FEBRUARY OF THE 
PRESENT TEAR. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the meeting of the Proceedings 
town of Nantucket held on the twenty-third da}^ of Febru- '■^' ® • 
ary in the year eighteen hundred and ninety-one and ad- 
journments thereof in said month, so far as the same 
relate to the election of officers, are hereby ratified and 
confirmed. 

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

Approved April 30, 1891. 

An Act to confirm the proceedings in an election held in Qhn'ij 268 

THE city of new BEDFORD ON THE SECOND DAY OF DECEMBER 
IN THE YEAR EIGHTEEN HUNDRED AND NINETY. 

Be it enacted, etc. , as follows : 

Section 1. The proceedings at an election held in the Proceedings at 
city of New Bedford on the second day of December in L^deemed 
the year eighteen hundred and ninety, submitting to the '°^'^''^- 
voters of said city of New Bedford the question as to the 
acceptance 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 layout public 
parks within their limits", and as to the acceptance of 
chapter three hundred and forty-two of the acts of the 
year eighteen hundred and ninety, entitled "an act to 
amend an act to establish a board of public works for the 
city of New Bedford", and also of chapter three hundred 
and nineteen of the acts of the year eighteen hundred 
and ninety, entitled " an act to fix the tenure of office of 
the police force in certain cities of the Commonwealth ", 
shall not be deemed invalid by reason of any informality ■ 
or insufficiency in printing the question of accepting said 



838 1891. — Chapters 269, 270, 271. 

Acceptance of acts upoD the ballots used in said election ; and the accept- 
ance of said acts by the vote cast at said election is hereby 
ratified and confirmed. 

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

Approved April 30, 1891. 

Chcip.269 An Act relative to designating on the general ballot the 

NUMBER OF THE WARD OF AVHICH A CANDIDATE FOR ALDERMAN- 
AT-LARGE IS A RESIDENT. 

Be it enacted, etc., as folloivs: 

war^Vo'bi ^^ ^^® preparation and printing of general ballots, in 

added to name accordancc with the provisions of chapter four hundred 
and thirty-six of the acts of the year eighteen hundred 
and eighty-eight and amendments thereof, for use in cities 
which elect aldermen-at-large by vote of the whole city, 
the number of the ward of which the candidate is a res- 
ident shall be added to the name of every candidate for 
alderman-at-large. AjJproved April 30, 1891. 

ChcLvJ^ilO An Act to limit the number of candidates for the same 

OFFICE AVHO BEAR THE SAME PARTY DESIGNATION UPON THE 
OFFICIAL BALLOT. 

Be it enacted, etc., as folloivs: 

t^nufue landi- "Whenever under the provisions of chapter four hundred 
dates entitled ^ud thirteen of the acts of the year eiofhteen hundred and 

to party ... 

designation. eighty-nine, relative to printing and distributing ballots 
at the public expense, as amended, a greater number of 
candidates are nominated for any office, through certifi- 
cates of nomination bearing the same party designation, 
than there are persons to be elected to such office, it shall 
be the duty of the officers charged with the duty of con- 
sidering objections to nominations, under the provisions 
of section seven of said chapter, to determine which of 
such candidates, if any, is entitled to such party designa- 
No more names tiou ; and HO greater number of candidates for any office 
part>A^"^gna. shall appear upon the official ballot bearing any one party 
baiio\°than per- designation than there are persons to be elected to such 

sons to be 
elected. 



office. Ai^jiroved Ajyril 30, 1891. 



Chci7).271 An Act relating to recognizances in poor debtor proceedings. 

Be it enacted, etc., asfolloics: 

Imtndel'. ^ '^' Scctiou tweuty-eight of chapter one hundred and sixty- 
two of the Public Statutes as amended by section six of 
chapter four hundred and nineteen of the acts of the year 



1891. — Chapters 272, 273. 839 

eighteen hundred and eighty-eight, is hereby further 

amended by striking out the word " double", in the sixth 

line thereof, so that said section as amended shall read as 

follows : — Section 28. When taken before the court or Recognizances 

magistrate, if the defendant or debtor desires to take an p°rocTedings.°' 

oath as hereinafter mentioned, but does not desire a time 

fixed for his examination, the court or magistrate may take 

his recognizance with surety or sureties in a sum not less 

than the amount of the execution, or of the ad damnum in 

the writ, if he is arrested on mesne process, that within 

thirty days from the day of his arrest he will deliver 

himself up for examination before some court of record, 

or police, district, or municipal court, or, except in the 

county of Suffolk, some trial justice, giving notice of the 

time and place thereof as herein provided, and appear at 

the time fixed for his examination, and from time to time 

until the same is concluded, and not depart without leave 

of the court or magistrate, making no default at any time 

fixed for his examination, and abide the final order of 

the court or magistrate thereon; but if he is arrested on Limit of time. 

mesne process and the writ is returnable within thirty 

days, the number of days within which he shall deliver 

himself up shall be limited by the court or magistrate so 

as not to extend beyond the return day of the writ. 

Approved April 30^ 1891. 

An Act to aid small towns to provide themselves with (7^ar).272 

SCHOOL superintendents. 

Be it enacted^ etc., as follows : 

Section 1. A sum not exceeding thirty-five thousand ^'^nstoTro- 
dollars shall be annually appropriated to carry out the vide themselves 

., /.I I--IT-I -I ^ ' i>i With school 

provisions oi chapter tour hundred and thirty-one ot the superintend- 
acts of the year eighteen hundred and eighty-eight, enti- 
tled "an act to aid small towns to provide themselves 
with school superintendents." 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

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

Approved April 30, 1891. 

An Act to establish the district court of southern Norfolk. Q/iap,2i7S 
Be it enacted, etc., as folloivs : 

Section 1. The towns of Stoughton, Canton, Avon District court 
and Sharon shall constitute a judicial district under the Norfolk. 



84:0 



1891. — Chapter 274. 



Justices and 
clerk. 



Salaries. 



First session of 
the court. 



jurisdiction of a court to be called the District Court of 
Southern Norfolk. Said court shall be held in the towns 
of Stouojhton and Canton. 

Section 2. There shall be one justice, two special jus- 
tices and a clerk of said court. The justice shall receive 
an annual salary of one thousand dollars, and the clerk an 
annual salary of live hundred dollars, to be paid by the 
county of Norfolk. All the provisions of law applicable 
to district courts shall apply to said court. 

Section 3. The first session of said court shall be held 
at Stoughton on the first Monday of June in the year 
eighteen hundred and ninety-one ; but nothing in this act 
shall aflect any suit or other proceeding begun prior to 
said first Monday of June. 

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

Approved April 30, 1891. 



Chap,2i74: ^^ -^^"^ appropriating ten THOUSAND DOLLARS FOR THE MASSA- 
CHUSETTS STATE firemen's ASSOCIATION. 



Appropriation. 



Massacliusetts 
State Firemen'] 
Association. 



Firemen's 
relief^fund of 
Massachusetts. 



Board to con- 
sist of tive 
members 



Treasurer of 
association to 
give bond. 



Be it enacted, etc., as folloivs: 

Section 1. Before the first da}^ of July in the year 
eighteen hundred and ninety-one there shall be allowed 
and paid out of the treasury of the Commonwealth to the 
treasurer of the Massachusetts State Firemen's Association 
the sum of ten thousand dollars. Said sum shall be paid 
from the moneys received foA* taxes from fire insurance 
companies doing business in this Commonwealth. 

Section 2. The inoney so paid to said treasurer shall 
be known and remain as the firemen's relief fund of Massa- 
chusetts, and shall be used as a fund for the relief of fire- 
mien, whether members of said association or not, who 
may be injured while responding to, working at or return- 
ing from an alarm of fire, and for the relief of the widows 
and children of such firemen as may be kiHed in the line 
of their duty aforesaid, in such manner and in such sums 
as a board to consist of five persons, two of Avhom shall 
be appointed by the Massachusetts State Firemen's Asso- 
ciaftion and three of whom shall be appointed by the gov- 
ernor, shall determine ; the a^ipointees of the governor 
not to be members of said association. 

Section 3. The treasurer of the Massachusetts State 
Firemen's Association shall give a bond with good and 
sufficient sureties to the treasurer of the Commonwealth, 
in double the sum received by him from said treasurer, 



1891. — Chapter 275. 841 

for the faithful performance of his duties under this act ; 
and shall make a detailed report under oath to the treas- 
urer of the Commonwealth of expenditures of the appro- 
priation made under this act, on or before the fifteenth 
day of July in the year eighteen hundred and ninety-two. 

Sectiox 4. The officers and members in active service Persons eligible 
of all incorporated protective departments acting in con- 
cert with fire departments, also 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. 

Sectiox 5. All unexpended moneys received under unexpended 
this act by the said Massachusetts State Firemen's Associ- l^mrned to ^ 
ation shall be returned to the treasurer of the Common- cmumol^wiaith. 
Avealth on or before the fifteenth day of July in the year 
eighteen hundred and ninety-two. 

Sectiox 6. Five hundred dollars of the amount hereby Aiiowancee for 
appropriated may be allowed for incidental expenses of the Expenses. 
board herein provided for, but otherwise no part of said 
ten thousand dollars shall be expended for salaries or any 
expenses except as provided in this act. 

Section 7. This act shall take effect upon its passage. 

Approved May i, 1891. 



Chap.275 



amended. 



An Act in amendment of an act to provide for the supervi- 
sion OF foreign corporations engaged in selling or nego- 
tiating bonds, mortgages, notes or other choses in action 
and in addition thereto. 

Be it enacted, etc., as follows : 

Sectiox 1. Section one of chapter four hundred and isso, 427, §i, 
twenty-seven of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by striking out the words 
"to sell, offer for sale or negotiate", in the twelfth and 
thirteenth lines, and inserting in place thereof the words : 
— which sells, offers for sale or negotiates, — and by 
inserting after the words " real estate", in the fourteenth 
line, the words : — shares of stock in real estate invest- 
ment comjianies, — and by inserting after the word " it", 
in the fifteenth line, the words: — and known as a mort- 
gage, loan, investment or trust company, — so that said 
section as amended shall read as follows : — Section 1. AppoiHtment of 

mi 1 I'll ^1 '1111 eommissioner:' 

ihe governor by and with tke consent or tke council shall 



842 



1891. — Chapter 275. 



CommiBsioner 
of foreign raort- 
gage corpora- 

tiODB. 



To have and 
perform certain 
powers and 
duties given to 
and required of 
commissioners 
of savings 
banks. 



Vacancy. 



1889, 427, § 4, 
amended. 



Commissioner 
may accept 
certain certifi- 
cates in lieu of 
a personal 
examination. 



When interest 
is overdue six 
months owner 
of bond, etc., to 
be notified. 



appoint a citizen of this Commonwealth who shall be 
known as commissioner of foreign mortgage corporations. 
Said commissioner shall hold his office for the term of 
three years unless sooner removed by the governor and 
council. He shall be sworn to the faithful performance of 
the duties of his office before entering upon the discharge 
of the same. He shall not ])e in the employ of,_own any 
stock in, or be in any way, directly or indirectly, inter- 
ested pecuniarily in any association or corporation doing 
business in this Commonwealth and organized under the 
laws of another state which sells, offers for sale or nego- 
tiates bonds or notes secured by deed of trust or mortgage 
of real estate, shares of stock in real estate investment 
companies, or choses in action owned, issued, negotiated 
or guaranteed by it, and known as a mortgage, loan, 
investment or trust company. Said commissioner shall 
as regards such corporations have the same powers and be 
required to perform the same duties given to and required 
of the commissioners of savings banks by the provisions 
of section fourteen of chapter three hundred and eighty- 
seven of the acts of the year eighteen hundred and eighty- 
eight, and such associations or corporations shall annually 
make to said commissioner such returns as are required of 
loan and investment companies by said section fourteen. 
If a vacancy occurs in said office before the expiration of 
a term the governor and council shall appoint another 
commissioner as aforesaid to fill such vacancy and to serve 
for the remainder of such unexpired term. 

Section 2.- Section four of said chapter four hundred 
and twenty-seven is hereby amended by striking out the 
words "in their respective states", in the fourth line 
thereof, so that said section as amended shall read as 
follows : — Section 4. The commissioner may accept in 
lieu of an examination by himself the certificate of any 
state officer having supervision of such companies that 
examinations have been made, provided such certificates 
are accompanied by a sworn statement showing the finan- 
cial condition of any such company ; such report to 
comply in all respects with the provisions of this chapter. 

Section 3. Every association or corporation named in 
section one of this act shall, whenever the interest upon 
any bond or note which has been guaranteed, negotiated 
or sold by it, has l)een overdue for a period of six months 
and not paid in cash, inform the owner of said bond or 



1891. — Chapter 276. 843 

note of the fact ; and when the taxes upon real estate held ^verTuS*""^ 
as security for any such bond or note are overdue for a ^/i^on^.^etcrto 
period of six months, shall inform the owner of said bond or be notified. ' 
note of said fact ; and if said taxes have been paid by any 
other than the owner of the real estate held as security for 
said bond or note, shall inform the owner of such bond or 
note of the name of the person or corporation paying said 
taxes. Any such association or corporation which violates Penalties. 
the provisions of this section shall, for each and every 
offence, forfeit one hundred dollars, to be collected by 
information brought in the supreme judicial court in the 
name of the attorney-general, at the relation of the com- 
missioner of foreign mortgage corporations, and upon such 
information the court may issue an injunction restraining 
the further prosecution of the ])usiness of such association 
or corporation until the sums so forfeited are paid, with 
interest and costs, and until the provisions of this section 
shall have been complied with. 

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

Approved May i, 1891. 

An Act to establish the fire depaktment of the city of (JJi(irf^27Q 

LAWRENCE. 

Be it enacted, etc., asfoUotus: 

Section 1. The fire department of the city of Lawrence rire department 
shall consist of a chief engineer and two assistant engineers LaVfencI" 
who shall constitute a board of engineers, and of such num- 
ber of fire companies as they may designate, subject how- 
ever to the approval of the city council. 

Section 2. The chief engineer shall be appointed by Appointment of 
the mayor for three years, the first assistant for two years, asfi'itants'!" 
and the second assistant for one year, subject to confirma- 
tion by the aldermen, to hold ofiice, unless sooner removed 
for cause, from the first Monday in May of the present 
year and until their respective successors shall be con- 
firmed. After the present year one engineer shall be annu- 
ally appointed by the mayor in the month of April, subject 
to confirmation by the aldermen, for the term of three years 
from the first Monday in May next following and until his 
successor shall be confirmed, to take the place of the 
member of said board of engineers w^hose term of ofiice 
next expires. Said engineers may at any time be removed 
for cause by the mayor, subject to the approval of the 
aldermen. Vacancies in said board shall be filled by the Vacancies. 



844 



1891. — Chapter 276. 



Powers and 
duties of board 
of engineere. 



mayor for the unexpired term, subject to the approval 
of the aldermen. 

Section 3. Said board of engineers shall have the 
powers and authority conferred by statute upon firewards 
and engineers of fire departments in regard to the preven- 
tion and extinguishment of fires, shall perform any duties 
incumbent upon firewards and engineers of fire depart- 
ments, and shall have the sole power to elect members of 
the fire department and to discharge members therefrom, 
and to make all appointments of company officers : and 
they may, subject to the approval of the mayor and alder- 
men, make such rules and standing orders governing the 
conduct of the members of the department as they may 
d^partaen/not ^^^^ ^^ : providecl, Jioivevev, that no member of the fire 
to be discharged department shall be discharged unless for cause, which 
cause. shall bc Stated in the order of his discharge and on the 

records of the board of engineers. 
fo^hive°fharae Section 4. The chief engineer shall have the care and 
of^aii apparatus, superintendence of all machinery, apparatus, buildings, 
implements and all other property belonging to the fire 
department, shall see that the same are kept in proper 
repair, except the buildings, and shall with the advice and 
consent of the assistant ens^ineers make from time to time 
such additions thereto and replace such apparatus or other 
property as he may deem necessary : jprovided, that no 
such addition, purchase or repair shall be made whenever 
the expense thereof shall exceed the sum of one hundred 
dollars unless specially authorized by the city council. All 
repairs on buildings and alterations therein connected with 
the department shall be made under the direction of the 
city council. 

Section 5. The city council shall fix the compensation 
of the engineers, firemen and all assistants permanently 
employed by the department, shall have authority to pre- 
scribe by ordinance the number of enginemen and other 
members of which the department shall consist, and may 
make such regulations not inconsistent with this act, gov- 
erning the department and the conduct of persons attend- 
ing fires, as it may deem expedient, and ma}^ fix such 
penalties for the violation of such regulations or any of 
them as are provided for the breach of the ordinances or 
by-laws of the city. 

Section 6. So much of the charter of said city or acts 
in amendment thereof as is inconsistent herewith is hereby 



Proviso. 



Compensation 
of engineers 
and lireinen. 



Repeal. 



1891. — Chapter 277. 845 

repealed : jjrovidecl, however, that until engineers shall be 
appointed under this act the present board of fire engi- 
neers of said city shall perform all the duties incumbent 
upon them by law at the time of their appointment. 

Section 7. This act shall take eifect upon its passage. 

Approved May 4, 1891. 

An Act relative to the compilation of street lists by (JJi(fjj,2i'J7 

ASSESSORS OF TAXES. 

Be it enacted, etc., as follows : 

Section twenty-five of chapter four hundred and twenty- i89o. 423, § 25, 
three of the acts of the year eighteen hundred and ninety "" 
is hereby amended by adding after the word "taxes", in 
the eleventh and twenty-third lines, the following words : 
— and so as to include the age and occupation of all such 
persons liable to be assessed for a poll tax, together with 
their residences and voting precincts, so far as practicable, 
on the first day of May of the current and the preceding 
year, — so as to read as follows : — Section 25. The as- street lists, by 
sessors of taxes of each city shall, on or before the fif- persons ' 
teenth day of July in each year, cause street lists of the pou taxts^to be 
several voting precincts in such city to be compiled and pSd for°p1ib- 
printed in pamphlet form for public distribution. Said uc distribution. 
compilation shall be by precincts separately, not exceed- 
ing 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 persons resident in each dwelling and 
assessed for poll taxes, and so as to include the age and 
occupation of all such persons liable to be assessed for a 
poll tax, together with their residences and voting pre- 
cincts, so far as practicable, on the first day of May of the 
current and the preceding year. The assessors of taxes 
of every town having over five thousand inhabitants ac- 
cording 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 vot- 
ing 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 



846 1891. — Chapter 278. 

dwelling place as will enable it to be readily ascertained, 
the names of all persons resident in each dwelling and 
assessed for poll taxes, and so as to include the age and 
occupation of all such persons liable to be assessed for a 
poll tax, together with their residences and voting pre- 
cincts, so far as practicable, on the first day of May of the 
current and the preceding year. The assessors 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. 

Approved May 4, 1891. 



Chap 



.278 An Act relative to filling vacancies caused by withdrawals 
and ineligibility of candidates. 



Be it enacted, etc., as foUoivs : 

amended.^ ^' Scctiou four of chapter four hundred and thirty-six of 

the acts of the year eighteen hundred and ninety is 
amended by inserting after the word "election", in the 
third line thereof, the following words : — or shall cause his 
name to be withdrawn from nomination as now provided 
in section eight of said chapter four hundred and thir- 
teen and any amendment thereof, or shall be found by 
the ballot-law commissioners hereinafter named or other 
officers named in section seven of said chapter four hun- 
dred and thirteen, to be ineligible to the office for Avhich 
he is nominated, — and by inserting after the word " death", 
in the seventeenth line thereof, the words: — his with- 
drawal or ascertainment of ineligibility, — so as to read 

Nomination of as follows : — Sectioii 4. In case a candidate who has 

candidates to, ,, • , -t -\ l^ • • f • i ^ 

fill vacancies becu duly nommatcd, under the provisions ot said chap- 
^ithdr^lniTo^' ter four hundred and thirteen, shall die before the day of 
ineligibility. elcctiou, or shall cause his name to be withdrawn from 
nomination as now provided in section eight of said chap- 
ter four hundred and thirteen and any amendment thereof, 
or shall be found by the ballot-law commissioners herein- 
after named or other officers named in section seven of 
said chapter four hundred and thirteen, to be ineligible to 
the office for which he is nominated, the vacancy may be 
supplied by the political party or other persons making 
the original nomination, in the manner therein provided 
for such nomination ; or if the time is insufficient there- 
for, then the vacancy may be supplied, if the nomination 
was made bv a convention or caucus, in such manner as 



1891. — Chapter 279. 817 

the conventiou or caucus has previously provided for the 
purpose, or, in case of no such previous provision, then by 
a reguhirly elected general or executive committee rep- 
resenting the political party or persons holding such con- 
ventiou or caucus. The certificates of nomination made certificate to 
for supplying such vacancy shall state, in addition to the oAginai uomi- 
other facts required by said chapter, the name of the orig- deaih.''witii. 
inal nominee, the date of his death, his withdrawal or f,[^i7gUmty. 
ascertainment of ineligibility, and the measures taken in 
accordance with the above requirements for filling the 
vacancy ; and it shall be signed and sworn to by the pre- 
siding officer and secretary 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 ballots 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 containino; the new nomination shall, whenever 
practicable, be furnished. Approved May 4, 1891. 

An Act to authorize the gre^^t barrington gas light com- Qfiap.^lQ 

PANY to dispose OF ITS PROPERTY AND FRANCHISES TO THE 
GREAT BARRINGTON ELECTRIC LIGHT COMPANY. 

Be it enacted, etc., asfoUoivs: 

Section 1 . The Great Barrington Gas Light Company ^^^^,.?;;^^^jj (.^^ 
is hereby authorized, upon a vote of its stockholders at a Light company 
meeting duly called for that purpose, to sell, transfer and "ny and ^''^"^^ 
convey its property, rights, licenses, privileges and fran- f>anchises. 
chises to the Great Barrington Electric Light Company, 
which is hereby authorized to purchase the same ; and 
upon such sale, transfer and conveyance, the said propert}', 
rights, licenses, privileges and franchises shall be held and 
enjoyed by the Great Barrington Electric Light Company 
in as full and ample a manner as the same are now held 
and enjoyed by the said Great Barrington Gas Light 
Company. 

Section 2. The said Great Barrington Electric Light Jj^nS^to^ 
Company is hereby authorized to increase its capital stock Electric Light 

, ,». . 1 1 1 i. i J. Company may 

to the amount necessary to etiect said purchase but not to increase capital 
exceed twenty shares of increase, and to issue the shares '"^'^ 
thereof in payment therefor. 

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

Ajyj^roved May 4, 1891. 



848 



1891. — Chapters 280, 281, 282. 



Chap.2S0 ^^ -'^CT TO AUTHORIZE THE STATE BOARD OF AGRICULTURE TO 
COLLECT AND CIRCULATE INFORMATION RELATING TO ABANDONED 
FARMS. 



To obtain and 
circulate infor- 
mation relative 
to abandoned 
farms. 



Expenditures 
not to exceed 
$2,000. 



Chap.281 



Paper for 
public records. 



Be it enacted, etc. , as follows : 

Sectiox 1. The state lioard of agriculture is hereby 
authorized to collect all necessary information in regard to 
the opportunities for developing the agricultural resources 
of the Commonwealth through the repopulating of aban- 
doned or partially abandoned farms, and cause the facts 
obtained, and a statement of the advantages oftered, to 
be circulated Avhere and in such manner as the said board 
may consider for the best interests of the Commonwealth. 

Section 2. In order to properly carry out the provi- 
sions of section one of this act, a sum not exceeding two 
thousand dollars may be expended, and the bills for such 
expenditures properly approved by the persons authorized 
by said state board to investigate the matter, shall be sent 
to the auditor of the Commonwealth who shall certify 
them in the same manner as other claims against the Com- 
monwxalth. 

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

Approved May 4, 1891. 

An Act relating to paper for public records. 
Be it enacted, etc., as follows : 

Section 1. All matters of public record in any office 
shall be entered or recorded on paper made of linen rags 
and new cotton clippings, well sized with animal sizing 
and well finished ; and in the selection of paper for such 
records preference shall be given to such paper of Amer- 
ican manufacture, if it is marked in water line with the 
name of the manufacturer. 

Section 2. Section one of chapter thirty-seven of the 
Public Statutes is hereby repealed. 

Approved May 4, 1891. 



CkClV.2:S2 ^^ ^'^^ ^^ EXTEND THE CHARTER OF THE HOLTOKE AND NORTH- 
AMPTON BOOM AND LUMBER COMPANY. 



Charter 
extended. 



Be it enacted, etc., as follows: 

Section 1. So much of chapter three hundred and 
sixty-two of the acts of the year eighteen hundred and 
seventy-one, entitled " an act to incorporate the Holyoke 



1891. — Chapters 283, 284, 285. 849 

and Northampton Boom and Lumber Company ", as limits 
the corporate existence of said company to the term of 
twenty years is hereby repealed and the charter of said 
company and acts amendatory thereof shall continue to 
have the same force and effect as thouo;h no such limita- 
tion had been contained therein. 

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

Approved May 4, 1891. 



Chap.283 



An Act to change the name of the court city of lawrence 
no. 6679 ancient order of foresters friendly society. 

Be it enacted, etc. , as folloivs : 

Section 1. The name of the Court City of Lawrence, Name changed 
No. 6679, Ancient Order of Foresters Friendly Society, oide°°of° 
a corporation duly established under the laws of this imedca! °* 
Commonwealth, is hereby changed to Ancient Order of 
Foresters of America. 

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

Approved May 4, 1891. 

An Act to confirm the proceedings of the first congrega- (JJicin,284: 

TIONAL church AND SOCIETY IN BALDWINVILLE. 

Be it enacted, etc., as follows: 

Section 1. The proceedings, prior to the passage of ^J^^^^'^j"^® 
this act, of the religious society in the town of Templeton 
known as the First Cong-reo-ational Church in Baldwin- 
ville, shall not be invalid by reason of the omission of any 
persons accepted and treated as members of said society 
to consent in writing to such membership as required by 
law. The acts of said society heretofore, shall have the 
same validity which they would have had if all the persons 
accepted and treated as members and participating in such 
acts had been duly constituted members of said society. 

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

Approved May 4, 1891. 

An Act authorizing the city of salem to take land for QJiajy^^tSS 

THE purpose of PRESERVING THE PURITY OF ITS WATER 
SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. The city of Salem may from time to time city may take 
take and hold by purchase or otherwise such land on or oTwenham^'" 



850 



1891. — Chapter 285. 



pond for preser- 
vation of water, 
etc. 



May sell such 
land not 
required for 
above purposes. 



To give town oi 
Beverly thirty 
days' notice 
before taking 
land. 



May prevent 
passage of ale- 
wives into pond 



Subject to 
acceptance by 
Salem and 
Beverly. 



around the margin of Wenham pond, so called, in the 
towns of Beverly and Wenham, not exceeding five hundred 
feet in width as may be deemed necessary for the preser- 
vation and purity of the water of said pond. And the 
said city may take and pay for the same in the same 
manner as is provided by chapter two hundred and sixty- 
eight of the acts of the year eighteen hundred and sixty- 
four, entitled " an act for supplying the city of Salem 
with pure Avater ". The title of any land taken hereunder 
shall vest in said city in fee simple provided it is so stated 
in the order by which the same is taken. And said city 
may at any time sell and convey any portions of said lands 
not required for the purposes aforesaid, and the proceeds 
thereof shall be divided between the city of Salem and 
the town of Beverly in the proportions paid by each for 
the land so sold. All the provisions of said chapter two 
hundred and sixty-eight, and of chapter two hundred and 
ninety-four of the acts of the year eighteen hundred and 
eighty-five, entitled " an act to furnish the town of 
Beverly with water, and to increase the supply thereof", 
and of any acts amendatory thereof, applicable to the five 
rods of land around the margin of said pond which the 
said city of Salem is authorized to take by section one of 
said chapter two hundred and sixty-eight of the acts of 
the year eighteen hundred and sixty-four, shall apply to 
the five hundred feet of land which the said city is hereby 
authorized to take or purchase. And the said city of 
Salem and the town of Beverly shall have all the powers 
and privileges and shall be subject to all the obligations 
and duties which were vegted in or imposed upon said city 
or town by the acts above referred to which are applicable 
to said five rods of land. Whenever the city of Salem 
intends to take any land under the provisions of this act, 
the said city before taking such land shall give to the town 
of Beverly thirty days' notice in writing of its intention so 
to do. 

Section 2. Said city may by suitable structures at the 
outlet of said pond, upon Miles river or any tributary 
thereof, prevent the passage of alewives into the waters 
of said pond. 

Sectiox 3. This act shall take effect upon its accept- 
ance by the city council of said city of Salem, and by 
the inhabitants of the town of Beverly at a meeting duly 
called for that purpose. ^;?2>roved May 4, 1891. 



1891. — Chapters 286, 287, 288. 851 

An Act relative to the qualification of male voters. (JJiaiJ 286 
Be it enacted, etc., as follows : 

Section 1. Any person, otherwise qualified to vote voter changing 
in elections for national, state, district or county officers, umnexplSn 
whether for the full term or the filling of a vacancy, who °oteat™tat^^ 
has chansed his residence within the Commonwealth, election in place 

iiii^'i •!! II- I' 1 removed from. 

shall have a right to vote in all such elections tor such 
officers in the city or town from which he has removed his 
residence, until the expiration of six calendar months 
from the time of such removal. 

Section 2. No person having served in the army or soidiers, etc., 
navy of the United States in time of war, and having been char°ge*d nof dis- 
honorabl_y discharged from such service, if otherwise qual- uou-payment of 
ified to vote, shall be disqualified therefor on account ofpoiitax. 
receiving or having received aid from any city or town, 
or because of the non-payment of a poll tax. 

Section 3. Section three of chapter four hundred and Repeal. 
twenty-three of the acts of the year eighteen hundred and 
ninety is hereby repealed. Approved May 4, 1891. 



Chap.287 



An Act changing the time of the sittings of the supreme 
judicial court and the superior court for civil business 
for the county of bristol. 

Be it enacted, etc., as folloivs : 

Section 1. The sitting of the supreme judicial court sitting of 
for entering and hearing questions of law in the counties judidarcourt 
of Bristol, Dukes County and Nantucket, now required to "^Taunton. 
be held at Taunton on the fourth Tuesday of October in 
each year, shall hereafter be held at Taunton on the fourth 
Monday of October in each year. 

Section 2. The superior court for civil business for superior court 
the county of Bristol, now required to be held at Taunton fCrBriiloT'°''' 
wnthin and for the county of Bristol on the first Monday county. 
of September in each year, shall hereafter be held on the 
second Monday of September in each year. 

Approved May 4, 1891. 

An Act to prevent excessive charges in the redemption of (Jlja^j 988 

TAX TITLES. 

Be it enacted, etc., as follows : 

, Whoever knowingly collects or attempts to collect for Penalty for 
the redemption of an estate sold for |)ayment of taxes a sum "ive dfii^g^^fn 
of money greater than that authorized in section fifty-seven [nxt™fe8?° ''^ 



852 



1891. — Chapter 289. 



1'88-, 214. § : 
amended. 



of chapter three hundred and ninety of the a^its of the 
year eighteen hundred and eighty-eight shall be punished 
by fine not exceeding one hundred dollars. 

Approved May 4, 1891. 

Chcip.2S9 An Act relating to declaration of dividends by certain 

INSURANCE COMPANIES. 

Be it enacted, etc., as foUoivs : 

Section 1. Section thirty-eight of the Massachusetts 
insurance act of eighteen hundred and eighty-seven is 
hereby amended l)y striking out all after the word 
"accumulations", in the thirteenth line of said section, 
and inserting in place thereof the following : — ^;roi?2*cZe6Z, 
however, that any such company may pay such dividend 
as the directors may deem prudent out of any surplus 
that shall remain after charging in addition to all its lia- 
bilities, except unearned premiums, a sum equal to the 
whole amount of premiums on unexpired risks and 
deducting from the assets all securities and book accounts 
on which no part of the principal or interest has been 
paid within the last year and for which foreclosure or 
suit has not been commenced for collection, or which 
after judgment obtained thereon shall have remained 
more than two years unsatisfied and on which interest 
shall not have been paid, and also deducting all interest 
due and mipaid on any property of the com}xiny, — so as 
to read as follows : — Section 38. No stock company 
shall make a dividend either in cash or stock certificates, 
except from its actual net surplus computed as required 
by law in its annual statement ; nor shall any such com- 
pany which has ceased to do new business of insurance 
divide any portion of its assets except surplus to its stock- 
holders until it shall have performed or cancelled its 
policy obligations. Any such company may declare and 
pay, annuall}" or semi-annually from its surplus, cash 
dividends to its stockholders of not more than ten per 
cent, of its capital stock in a year ; and if the dividends 
in any year are less than ten per cent, the difference may be 
made up in any subsequent year or years from surplus accu- 
mulations -.provided, however, that any such company may 
pay such dividend as the directors may deem prudent out of 
any surplus that shall remain after charging in addition to all 
its liabilities, except unearned premiums, a sum equal to 
the whole amount of premiums on unexpired risks, and 



Declaration of 
dividends by 
certain insur- 
ance companies, 



Proviso. 



1891. — Chapters 290, 291. 853 

deducting from the assets all securities and book accounts 
on which no part of the principal or interest has been 
paid within the last year and for which foreclosure or suit 
has not been commenced for collection, or which after 
judgment obtained thereon shall have remained more than 
two years unsatisfied and on which interest shall not have 
been paid, and also deducting all interest due and unpaid 
on any property of the company. 

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

Approved May 4, 1891. 



Chap.^QO 



An Act to ensure a more thorough registration of voters. 
Be it enacted, etc., asfoUoivs: 

Section 1. Whenever there is reason to believe that putiea of regis- 

■ 1 • tiars when voter 

any qualified voter has changed his residence within any has changed ws 

•a J . , ,1 _(• . 1 r- T\T • residence prior 

City or town prior to the first day oi May in any year, to the first day 
the registrars of voters shall ascertain the facts in the case, °*^^y- 
and whenever it is ascertained that any such voter has so 
changed his residence the name of such voter shall be 
entered upon the list of voters of the precinct in which he 
is entitled to vote, and his residence shall be placed against 
his name in such list. 

Section 2. Whenever it is impossible to obtain the May use proper 

^ , , . • 1 p ii • r A.- c means to obtain 

necessary tacts herein required irom the iniormation lur- information. 
nished by city or town ofiicers under the requirements 
of law, the registrars of voters shall make use of other 
proper means for such purpose, and all necessary expenses 
incurred in carrying out the provisions of this act shall be 
paid by the city or town. 

Section 3. Any registrar of voters who shall wilfully Penalty for 
neglect or refuse to perform any duty required under this "^"^ ^'^'" 
act shall be punished by a fine not exceeding three hun- 
dred dollars. Appi'oved May 4, 1891 



Chap.291 



An Act relating to the appointment of referees to settle 
matters of difference between insurers and insured in 
case of loss by fire. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and issstm^n.'" 
fifty-one of the acts of the year one thousand eight hun- 
dred and eighty-eight is hereby amended by striking out 
the word "arbitrators", whenever the same occurs in stiid 
section, and inserting in place thereof the word : — refer- 
ees, — also by adding at the end thereof the Avords : — 
and in case of the failuue of two referees, chosen respec- 



854 1891. — Chapter 292. 

tively by the insurance company and the insured, to agree 
upon and select within ten days from their appointment 
a third referee willing to act in said capacity, either of the 
parties may within twenty days from the expiration of said 
ten days make written application, setting forth the facts, 
to the insurance commissioner to appoint such third ref- 
eree ; and said commissioner shall thereupon make such 
appointment and shall send written notification thereof to 
the parties, — so that said section as amended shall read 
Referees to as follows : — Sectioii 1. In case of loss under any fire 

settle matters of • i • • ■• j_ • ^i • /^ ' 

differences insuraucc policy, issucd on property m this Common- 
insurMsand Wealth, in the standard form set forth in section sixty of 
iTiost'^ '° '^^^^ chapter two hundred and fourteen of the acts of the year 
eighteen hundred and eighty-seven, and the failure of the 
parties to agree as to the amount of loss, if the insurance 
company shall not, within ten days after a written request 
to appoint referees under the provisions for arbitration in 
such policy, name three men under such provision, each 
of whom shall be a resident of this Commonwealth and 
willing to act as one of such referees ; and if also such 
insurance company shall not, within ten days after receiv- 
ing the names of three men named by the insured under 
such provision, make known to the insured its choice of 
one of them to act as one of such referees, it shall be 
deemed to have waived the right to an arbitration under 
such policy, and be liable to suit thereunder, as though 
the same contained no provision for arbitration as to the 
amount of loss or damage. And in case of the failure of 
two referees, chosen respectively by the insurance com- 
pany and the insured, to agree upon and select within ten 
days from their appointment a third referee willing to act 
in said capacity, either of the parties may within twenty 
days from the expiration of said ten days make written 
application, setting forth the facts, to the insurance com- 
missioner to appoint such third referee ; and said commis- 
sioner shall thereupon make such appointment and shall 
send written notification thereof to the parties. 

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

Approved May 4, 1891. 

CJlCnJ 292 ^^ ^^^ CONCERNING THE PRINTING AND DISTRIBUTION OF CERTAIN 

PUBLIC DOCUMENTS. 

Be it enacted, etc., as follows : 
Printing and SECTION 1. There sliall be printed annually on or 

distribution of c i i 

public docu- before the assembhng oi the general court or as soon 



1891. — Chapter 293. 855 

thereafter as possible the number of copies of documents 
specified in the following list, the same to be numbered 
in a series to be called public documents and distributed 
as provided for in chapter four hundred and forty of the 
acts of the year eighteen hundred and eighty-nine, except 
as herein provided, to wit : — 

Report of the board of metropolitan sewerage commis- Metropolitan 

fn. 111 • sewerage coiu- 

sioners, niteen hundred copies. missiouers. 

Report of the controller of accounts of county officers, controller of 
fifteen hundred copies, six hundred copies of which shall coumy'officers. 
be for the use of the controller. 

Report of the general superintendent of prisons, fifteen General super- 

1 in . ^ iutendent of 

hundred copies. prisons. 

Section 2. There shall also be printed of the manual Manual of the 

_ 1 1 11 11 general court. 

ot the general court, to be prepared each year by the 
clerks of the two branches, ten thousand copies, and 
each member of the general court shall be entitled to 
receive tw^enty-four copies of the same, the balance to be 
distributed in accordance with the provisions of section 
ten of chapter four hundred and forty of the acts of the 
year eighteen hundred and eighty-nine. 

Section 3. This act shall not l)e construed to author- Documents not 

,1 • i' £> L' ±^ 1 j_ J • 1 to be reprinted. 

ize the reprinting oi any ot the documents mentioned 
herein. 

Section 4. So much of chapter four hundred and i^^peai. 
forty of the acts of the year eighteen hundred and eighty- 
nine as is inconsistent witlrthis act is hereby repealed. 

Ap2)rovecl May 4, 1S91. 

An Act conferring additional jurisdiction upon the supe- (JJir/n 993 

RIOR COURT. 

Be it enacted, etc., as follows: 

The superior court shall have concurrent jurisdiction Additional 
with the supreme judicial court in all matters as to which ionfe''rred°upon 
jurisdiction is given said supreme judicial court under the eourt"^*^"""^ 
provisions of section forty-eight of chapter twenty-seven 
of the Public Statutes relating to telegraph and telephone 
wires, section one hundred and twenty-nine of said chap- 
ter relating to abuse by towns of corporate powers, sec- 
tion twelve of chapter one hundred and four of the Public 
Statutes relating to the construction, alteration, mainten- 
ance and use of buildings, and section sixty-three of 
chapter one hundred and thirteen of the Public Statutes 
relating to the control of street railway companies. 

Approved May 4, 1891. 



856 



1891. — Chapter 294. 



Ghcip.'2t^4: An Act changing the boundary between the cities of bos- 
ton AND SOMERVILLE. 



Boundary line 
changed be- 
tween the cities 
of Boston and 
Somerville. 



Be it enacted, etc., as folloios : 

Section 1. The boundary line between the cities of 
Boston and Somerville is hereby changed and established 
as follows : — Beginning at a point in the present boun- 
dary line between the cities of Boston and Somerville, 
said point l)eing distant three hundred and seventy-two 
feet southwardly from the southerly line of the street 
known as Cambridge street in Boston and Washington 
street in Somerville, thence turning an angle of one hun- 
dred eleven degrees and thirty-four minutes from said 
boundary line, from a northerly to a southeasterly di- 
rection, and running southeastwardly thirteen hundred 
ninety-nine and sixty-three one-hundredths feet, by a 
line tangent to the southerly side of the new round house 
belonging to the Boston and Maine Railroad company, 
thence turning an angle of one hundred and twenty 
degrees, nineteen minutes and forty seconds from the 
last described line, from a northwesterly to a southerly 
direction, and running southwardly by a line tangent to 
the easterly side of the old round house belonging to the 
said Boston and Maine Railroad company and crossing 
both the western and eastern divisions of the railroad of 
the said Boston and Maine Railroad company and tangent 
to the easterly side of the round house now in process of 
construction belonging to the Fitchburg Railroad Com- 
pany, and continuing in the same direction, crossing the 
railroad of the said Fitchburg Railroad Company, to the 
boundary line between the cities of Somerville and Cam- 
bridge in the channel of Miller's river, so called. Said 
new boundary line is shown by a red line delineated on a 
plan entitled " plan showing proposed change in the 
boundary line between Boston and Somerville ", signed 
by Thomas W. Davis, city surveyor of Boston, dated 
March twenty-third, eighteen hundred and ninety-one, 
on file in the office of the secretary of the Common- 
wealth. 

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

Approved May 4, 1891. 



1891. — Chapters 295, 296, 297. 857 



An Act to punish prisoners who wilfully destroy the Q/icin.2,^5 

PROPERTY OF THE COMMONWEALTH AT THE STATE PRISON AT 
BOSTON. 

Be it enacted, etc., as folloivs : 

Section 1. If a couvict under sentence for a term of ^oT%^ctir8tate 
years in the state prison at Boston, wilfully or wantonly pi-json for 

*' ^ , n \ /-^ 11 injuring the 

destroys or iniures the iiroperty ot the Commonwealth at property of the 

, " . , ' 1 • 1 1 1 • • J • • 1 Corainonwealth. 

such prison he may be punished by imprisonment in said 
prison not exceeding three years. 

Sectiox 2. If a convict under sentence of imprison- Penalty on 
ment in said prison for life, wilfully or wantonly destroys {^ence'd fol-^ife. 
the property of the Commonwealth at said prison he may 
be punished b}^ imprisonment at solitary labor not exceed- 
ing one year or by solitary imprisonment not exceeding 
five days, or by both, and such punishment shall be 
carried out at such time as the court may direct. 

Approved May 4, 1891. 

An Act to legalize and confirm a vote of the town of QJiav.2iQQ 

SAUGUS APPROPRIATING MONEY FOR THE PURPOSE OF DEDICATING 
A SOLDIERS' MONUMENT. 

Be it enacted, etc., as foUoios: 

Section 1. The vote of the town of Saugus at the vote of the 
town-meeting held on the eleventh day of July in the year 
eighteen hundred and ninety, whereby said town voted to 
appropriate the sum of eight hundred dollars for the pur- 
pose of dedicating a soldiers' monument in said town, is 
hereby legalized and confirmed. 

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

Approved May 4, 1891. 



Chap.^m 



An Act to incorporate the town of west tisbury. 
Be it enacted, etc., as folloivs: 

Section 1 . All that part of the town of Tisbury com- Town of west 
prised within the following limits, that is to say : — Begin- porat'edV"^"'^ 
ning at a stone monument in the boundary line between 
the towns of Cottage City and Tisbury near the residence 
of ]SIarcus Morton Smith and running northwesterly in a 
straight line to the Vineyard sound in such manner as 
to intersect the Chappaquansett school-house, so called ; 
thence westerly by the Vineyard sound to the boundary 
line between the towns of Chilmark and Tisbury ; thence 



858 1891. — Chapter 297. 

southerly following said boundary line to the Atlantic 
ocean ; thence easterly by the Atlantic ocean to the boun- 
dary line between the towns of Edgartown and Tisbury ; 
thence northerly following the present boundary line 
between Tisbury and the towns of Edgartown and Cot- 
tage City to the above mentioned monument and the place 
of beginning, — is hereby set off from Tisbury and incor- 
porated into a town by the name of West Tisbury ; and 
said town of West Tisbury is hereby invested with all the 
powers, privileges, rights and immunities and made sub- 
ject to all the duties and liabilities of other towns of the 
Commonwealth. 
Collection of Sectiox 2. The inhabitants and estates within the 

territory hereby set off and the owners of such estates 
shall be holden to pay all taxes assessed and in arrears to 
the same persons, and such taxes may be collected in the 
same manner, as if this act had not been passed ; and 
until the next state valuation the town of West Tisbury 
annually in the month of November shall pay to the town 
of Tisbury one third of all the state and county taxes 
that shall be assessed to said Tisbury, and the assessors 
of Tisbury shall return the valuation of the two towns 
respectively to the secretary of the Commonwealth and 
to the county commissioners of the county of Dukes 
County. 
Relief and sup. Section 3. The towns of West Tisbury and Tisbury 
poi o paupeis. g|^^jj ^^ liable respectively for the relief and support of 
all persons now or hereafter needing aid as paupers who 
may or have derived or acquired a settlement within their 
respective limits ; and the town of West Tisbury shall 
pay annually to the town of Tisbury one third of all 
costs for the relief and support of persons now or here- 
after needing aid as paupers or otherwise, who may or 
have derived or acquired a settlement by reason of mili- 
tary service as part of the quota of Tisbury. 
Existing rights Sectiox 4. Existing rights of action in favor of or 
be pioseouted against the town of Tisbury may be instituted and prose- 
ami defended, Qyj^iQ([ or defended by said town in the same manner and 
with like effect as before the passage of this act ; and the 
amount recovered therein shall be paid or received, as the 
case may be, by the town of Tisbury, and, reckoning 
costs and expenses, including counsel fees, shall be divided 
between the towns in the ratio of one third to West Tis- 
bury and two thirds to Tisbury. 



1891. — Chapter 297. 859 

Section 5 . The towns of Tisbury and West Tisbury Division of cor- 
shall retain and own the corporate property heretofore p°""^ p™p®"J^ • 
owned by the town of Tisbury which is within their 
respective limits, however the same may have been 
acquired, or which is commonly used in connection there- 
with at the time of the passage of this act, subject to such 
payment in cash from one town to the other to equalize 
the values of corporate property in the towns after divi- 
sion, as may be determined and apportioned by the com- 
mission hereafter mentioned in case the towns fail to 
mutually agree thereon ; and the net public debt of said ^"'Jii'^ '^'^'^^■ 
town of Tisbury, after deducting all cash assets of and 
debts due to said town of Tisbury, shall be divided 
between the towns of Tisbury and West Tisbury, in the 
ratio of two thirds to Tisl)ury and one third to West 
Tisbury ; and in case the town of West Tisbury cannot 
agree with the town of Tisbury as to the amount of debt 
which it is to assume under this section or as to the 
amount of cash payment to be made to equalize the value 
of corporate property, said amount shall be determined 
by three commissioners to be appointed by the superior 
court for the county of Dukes County, upon the applica- 
tion of either town and notice to the other, whose award 
when accepted by said court shall be binding upon all 
parties. 

Section 6. The town of West Tisbury shall, until congressional, 

. , . /• 1 councillor, sen- 

otherwise provided by law, continue to be a part of the atoriaiand 
first congressional district, of the first councillor district, districts. 
of the Cape senatorial district, and the first representative 
district of the county of Dukes County ; and the inhabitants 
of said town of West Tisl)ury shall vote for each of said 
officers in the town of West Tisbury. The selectmen and 
clerk of said town of West Tisljury in each of said cases 
shall make returns as if said town had existed at the time 
of the formation of said districts. 

Section 7. Any justice of the peace whose residence Meeting for 
is in the town of West Tisbury may issue his warrant officers! ° 
directed to any inhal)itant of said town of West Tisbury 
requiring him to notify and warn the inhabitants thereof, 
qualified to vote in town affairs, to meet at the time and 
place therein appointed, for the purpose of choosing all 
such officers as towns are by law authorized and required 
to choose at their annual meeting ; and said warrant shall 
be serV^ed by posting copies thereof, attested by the per- 



860 



1891. — Chapter 297. 



Expense of 
making surveys 
and establishing 
lines. 



Division of 
amount which 
maybe refunded 
from the United 
States, etc. 



Division of the 
fisheries, etc. 



"West Tisbury 
exempted from 
liability for 
water supply. 



Maintenance 
and repairs of 
the Lagoon 
bridge. 



SOU to whom the same is directed, in three public places 
in said town of West Tisbury seven days at least before 
such time of meeting. Such justice, or in his absence 
such inhabitant required to notify the meeting, shall pre- 
side until the choice of moderator in said town-meeting. 
The selectmen of said town of Tisbury shall before said 
meeting prepare a list of voters in said town of West 
Tisbury, qualitied to vote in said meeting, and shall 
deliver the same to the person presiding at such meeting 
before the choice of moderator thereof. 

Section 8. Said town of West Tisbury shall l)ear the 
expense of making the necessary surveys and establishing 
the lines between the town of West Tisbury and the town 
of Tisbury. 

Section 9. The town of West Tisbury shall receive 
from the town of Tisbury thirty-three per cent, of what- 
ever amount may hereafter be refunded to said town of 
Tisbury from the Commonwealth or United States to 
reimburse it for bounties to soldiers or state aid heretofore 
paid to soldiers' families, or on any other account, after 
deducting all reasonable expenses. 

Section 10. That portion of the rent of the Tisbury 
great pond which now belongs to the town of Tisbury 
shall hereafter be paid and enure solely to the benefit of 
the town of West Tisbury, and the rights, privileges and 
benefits of the herring fishery at Chappaquansett shall 
hereafter enure solely to the benefit of the town of 
Tisbury, and the new town of West Tisbury shall have no 
share or part therein. 

Section 11. The town of West Tisbury as hereby 
created shall on and after the passage of this act be 
exempted from all liability for any payment to the Vine- 
yard Haven Water Company on account of a contract 
heretofore entered into by the town of Tisbury with said 
watei" company for the purpose of supplying said town 
with water for a term of years. 

Section 12. The town of West Tisbury as created by 
this act shall annually pay to the tov^n of Tisljury, from 
and after the time when this act takes effect, such part of 
the annual expense incurred and paid by the town of 
Tisbury for or on account of the maintenance and repairs 
of the Lagoon bridge, so called, and attending the draw 
on said bridge, as may be mutually agreed upon by the 
said towns. In case of failure to agree the portion, if 



1891. — Chaptees 298, 299. 861 

any, which the town of West Tisbury shall pay shall be 
determined by the commission mentioned in section five. 

Section 13. All the rights heretofore secured to Rights of 
existing corporations upon the territory hereby incorpo- ratfon"sf '^°^^°' 
rated and defined shall continue in force and be operative 
as though this act had not been passed. 

Section 14. This act shall take efiect upon its ac- subject to 
ceptance by a majority vote of the voters of said town majo^ruy'^vot'e^ * 
present and voting thereon at any legal town-meeting 
called for the purpose, but the number of such meetings 
shall not exceed two. The first of such meetings shall be 
called in the month of June in the year eighteen hundred 
and ninety-one, and if a subsequent meeting is necessary 
it shall be called in September in the year eighteen 
hundred and ninety-one, and the meeting called in 
September shall be held in that part of the town of 
Tisbury known as Middletown village. 

Approved May 4, 1S91. 

An Act to incorporate the north essex trust company. ChaT) 298 

5e it enacted, etc., as follows : 

Section 1. Henry B. Little, Elisha P. Dodge, Samuel North Essex 

V ^ o ' Trust Company 

March, Eliphalet GrifSn, Luther Dame, Allen M. Brew- lucorporated. 
ster and George E. Stickney, their associates and succes- 
sors, are hereby made a corporation by the name of the 
North Essex Trust Company, with authority to establish 
and maintain a safe deposit, loan and trust company in 
the city of Newburyport ; with all the powers and privi- 
leges and subject to all the duties, liabilities and restric- 
tions 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 eflect upon its passage. 

\_Tlie foregoing ivas laid before the Governor on the tiventy- 
ninth day of April, 1891, and after five days it had the 
'•'•force of a laio," as prescribed by the Constitidion, as it ivas not 
returned by him with his objections within that time.'] 

An Act changing the time within which the trustees of n'kfjjx 209 

THE STATE FARM AT BRIDGE WATER AND THE STATE ALMSHOUSE "' 

AT TEWKSBURY ARE REQUIRED TO MAKE THEIR ANNUAL REPORT. 

JBe it enacted, etc., as folloivs : 

Section 1. Section three of chapter two hundred and i8S4, 297, § s, 
ninety-seven 01 the acts ot the year eighteen hundred and 
eighty-four is hereby amended by inserting after the word 
" charge ", in the second line thereof, the words : — shall 



862 



1891. — Chapters 300, 301. 



Trustees of 
state farm at 
Bridgewater 
and state alma 
house at Tewks 



annually on or before the first day of Xovember report 
the condition of such institutions to the governor and 
council, — and by striking out the word " workhouse", in 
the fourth line thereof, and inserting in its place the word : 
— farm, — so as to read as follows: — Section 3. The 
board of trustees shall hold monthly meetings at either of 
the institutions under their charge, shall annually on or 
bury; meetings, bcforc the first day of Novcmber report the condition of 
mems!'^^^"'" such institutions to the governor and council, and shall 
appoint a superintendent of the state almshouse, and a 
superintendent of the state farm, who shall respectively 
hold office during the pleasure of the board, and whose 
compensation shall be fixed by the trustees with the 
approval of the governor and council. All other officers 
and employees shall be appointed by the superintend- 
ents subject to the approval of the trustees, Avho shall fix 
the compensation in each case. 

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

Approved May 7, 1891. 
Chcip.300 An Act to authorize the secretary of the state board of 

AGRICULTURE TO EMPLOY AN ASSISTANT CLERK. 

Be it enacted, etc., asfolloivs: 

The secretary of the state board of agriculture may 
employ an assistant clerk at a salar}^ of one thousand 
dollars a year, in addition to the provisions already made 
for clerical services in his office. 

Ajjproved May 7, 1891. 



May employ an 
assistant clerk. 



May incur a 
debt for p^k 
purposes 
beyond the 
limit fixed by 
law. 



ChClV.SO\ ^^ ^^"^ '^^ AUTHORIZE THE CITY OF BOSTON TO INCUR A DEBT 
FOR PARK PURPOSES BEYOND THE LIMIT FIXED BY LAW. 

Be it enacted, etc. , as follows : 

Section 1. For the purpose of paying for lands here- 
tofore acquired or which may hereafter be acquired by 
the city of Boston for public parks, and for defraying the 
costs and expenses of constructing said parks, said city 
may, by a vote passed in the manner provided by section 
seven of chapter twenty-nine of the Public Statutes, 
authorize its treasurer to issue from timie to time, on the 
request of the park commissioners approved by the mayor 
of said city, to the amount of three million five hundred 
thousand dollars, negotiable bonds or certificates of indebt- 
edness, payable in not exceeding fifty years from their 



1891. — Chapters 302, 303. 863 

date and bearing interest at a rate not exceeding four per 
cent, per annum, to l)e denominated on the face thereof, 
Pul)lic Park Loan. 

Section 2. Said treasurer shall, when authorized by May issue and 

„ . , , • sell bonds. 

said city as herembetore provided, from tune to tune, 
when requested as aforesaid, issue and sell said bonds 
and certiticates to .the amount requested, retain the pro- 
ceeds thereof in the treasury of said city and pay there- 
from the expenses incurred for the purposes aforesaid : 
provided, hoicever, that said board shall not purchase or Proviso. 
take, to be paid for from the proceeds aforesaid, lands 
exceeding in value, as assessed for the year eighteen hun- 
dred and ninety, one million dollars ; nor shall said treas- 
urer issue in any one year, of the aforesaid bonds and 
certificates, a greater amount than seven hundred thousand 
dollars. 

Section 3. The debt and loan authorized by this act f^fj;^j,f^°'j_ 
shall not be considered or reckoned in determining the to bejn excess 
authorized limit of inde])tedness of said city under the limu. 
provisions of section four of chapter twenty-nine of the 
Pulilic 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^. This act shall take efi'ect upon its passage. 

Approved May 7, 1891. 

An Act relating to the district police force. Chan.^02 

Be it enacted, etc., as folloics: 

Section 1. The governor may increase the numl)er Two females 
of members of the inspection department of the district appointed on 
police force by the appointment of two female inspectors policrfor'lje. 
who shall receive an annual salary of one thousand dol- 
lars each. 

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

Approved May 7, 1891. 

An Act in addition to an act making appropriations for C'//«».303 
expenses authorized the present tear and for certain 
other expenses authorized by law. 

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 purposes 



864 



1891.— Chapter 303. 



Henry J. Cross. 



Bureau of 
statistics of 
labor. 



Weymouth 
agricultural, 
and industrial 
society. 



Fauny Ross. 



Town of Ayer. 



Robert Ball 
Edes. 



Ifew England 
industrial 
school for deaf 
mutes. 

School-house in 
Gay Head. 



Atlas maps of 
Massachusetts. 



Patrick 
Buckley. 



"tVidow of 
Robert C. 
Pitman. 



Massachusetts 
school for the 
feeble-minded. 



specified in certain acts and resolves of the present year, 
and to meet certain other expenses authorized by law, to 
wit : — 

For Henry J. Cross, the sum of one hundred and fifty 
dollars, as authorized by chapter twenty-three of the 
resolves of the present year. 

For rent of a room for the bureau of statistics of labor 
for storage purposes, a sum not exceeding five hundred 
dollars, as authorized by chapter twenty-five of the 
resolves of the present year. 

For the Weymouth agricultural and industrial society, 
the sum of four hundred and sixty-three dollars and fifty- 
five cents, as authorized by chapter thirty-two of the 
resolves of the present year. 

For Fanny Ross, the sum of two hundred dollars, as 
authorized by chapter thirty-four of the resolves of the 
present year. 

For the town of Ayer, the sum of one hundred and 
twenty-five dollars, as authorized by chapter thirty-five of 
the resolves of the present year. 

For Eobert Ball Edes, the sum of two hundred and 
ninety-seven dollars, as authorized by chapter thirty-six 
of the resolves of the present year. 

For the New England industrial school for deaf mutes, 
the sum of two thousand dollars, as authorized by chapter 
thirty-seven of the resolves of the present year. 

For repairs to a school-house in the town of Gay Head, 
payal)le to the selectmen of said town, the sum of one 
hundred dollars, as authorized by chapter forty-one of the 
resolves of the present year. 

For printing an edition of the atlas maps of Massachu- 
setts as prepared and engraved by the geological survey, 
a sum not exceeding two thousand dollars, as authorized 
by chapter forty-two of the resolves of the present year. 

For Patrick Buckley, the sum of two hundred dollars, 
as authorized by chapter forty-five of the resolves of the 
present year. 

For the widow of the late Robert C. Pitman, the sum 
of four thousand and ninety-nine dollars and forty-seven 
cents, as authorized by chapter forty-seven of the resolves 
of the present year. 

For furniture and machinery at the Massachusetts 
school for the feeble-minded, a sum not exceeding ten 
thousand dollars, as authorized by chapter forty-eight of 
the resolves of the present year. 



1891. — Chapter 303. 865 

For a new insane asylum and for certain repairs and ^"nfafeS- 
improvements at the state almshouse at Tewksbury, a sum ^o"*f ^^\„.„ 

, Till ^ • t iewksDuiy. 

not exceeding twenty-iour thousand dollars, as authorized 
by chapter forty-nine of the resolves of the present year. 

For the purpose of refunding certain taxes assessed Sge'i^anii- 
against the Waltham savings bank, the sum of three hun- 
dred and ninety-one dollars and twenty-three cents, as 
authorized by chapter tifty of the resolves of the present 
year. 

For Waldo F. Miles of Lowell, the sum of two hundred ™.°^- 
dollars, as authorized by chapter fifty-one of the resolves 
of the present year. 

For the payment of a street betterment assessment pfojfjrty "f °* 
upon property of the Commonwealth in the city of Worces- commonwealth 

t/. 1 11 I'l 111 m Worcester. 

ter, the sum ot one hundred and eighty-seven dollars 
and eighty-five cents, as authorized by chapter fifty-two 
of the resolves of the present year. 

For the salary and expenses of the fire marshal of the Fire marshal 
city of Boston, the sum of ten thousand nine hundred and ° 
sixty-three dollars and twenty-nine 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. 

For printing extra copies of the report of the board of o\''}:^°„7stfauou''' 
registration in dentistry, a sum not exceeding fifteen in deitistry. 
dollars, as authorized by chapter seventy-six of the 
acts of the present year. 

For small items of expenditure for which no appropri- e"pe?idume.°^ 
ations have been made, or for which appropriations have 
been exhausted or reverted to the treasury in previous 
years, a sum not exceeding one thousand dollars. 

For clerical assistance for the justices of the supreme clerical assist- 
judicial court, a sum not exceeding twenty-five hundred ot the supreme 
dollars, as authorized by chapter eighty-nine of the acts ^"''^^'"' '=""''■ 
of the present year. 

For the salary of the assistant register of probate and t'^fofSbat^J^' 
insolvency for the county of Suftblk, a sum not exceeding '2"[Int"y oT""^' 
six hundred dollars, as authorized by chapter ninety-one sutfoik. 
of the acts of the present year, being in addition to the 
two thousand dollars appropriated by chapter three of the 
acts of the present year. 

For the support of sick state poor by cities and towns. Support of sick 

11 1 1 1 11 1 state poor by 

a sum not exceeding twenty thousand dollars, made neces- cities aud towns 
sary by chapter one hundred and fifty-three of the acts of 



866 



1891. — Chapter 301. 



Refunding 
certain taxes 
assessed against 
savings banks. 



Report of the 
state board of 
arbitration and 
conciliation. 



Disposition of 
money received 
from the board 
of metropolitan 
sewerage com- 
missioners. 



State pension 
agent. 



Widow of S. 

Augustus 

Endicott. 



the present year, being in addition to the sixty thousand 
(lolhirs appropriated by chapter six of the acts of the 
present year. 

For refundino; certain taxes assessed against savings 
banks, a sum not exceeding fifteen thousand dollars, as 
authorized by chapter one hundred and seventy-one of the 
acts of the present j^ear. 

For printing extra copies of the report of the state 
board of arbitration and conciliation, a sum not exceeding 
one hundred and fifteen dollars, as authorized by chapter 
one hundred and ninety-one of the acts of the present 
year. 

To carry out the provisions of the act to provide for the 
disposition of certain money received by the treasurer and 
receiver-general of the Commonwealth from the board of 
metropolitan sewerage commissioners, the sum of two 
thousand dollars, as authorized by chapter one hundred and 
ninety-two of the acts of the present year. 

For clerical assistance, travelling expenses, rent, care of 
rooms and other necessary expenses of the state pension 
agent, a sum not exceeding nineteen hundred and ten dol- 
lars, as authorized by chapter one hundred and ninety-six 
of the acts of the present year, being in addition to the two 
thousand dollars appropriated by chapter thirty of the acts 
of the present year. 

For the widow of the late S. Augustus Endicott, the sum 
of eleven hundred and seventy-three dollars and thirty-nine 
cents, as authorized by chapter fifty-seven of the resolves 
of the present year. 

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

Approved May 7, 1891. 



Chap.S04: An Act providing for the payment of fines collected in 

PROSECUTIONS FOR CRUELTY TO ANIMALS. 



Disposition of 
fines collected 
for inflicting 
cruelties upon 
dumb animals. 



Be it enacted, etc., as folloivs : 

In all cases of prosecution for cruelties inflicted upon 
dumb animals, the fines collected upon or resulting from 
the complaint or information of any ofiicer or agent of the 
Massachusetts Society for the Prevention of Cruelty to 
Animals shall be paid to said society, less a sum equal to 
the expense of prosecution, which sum shall be determined 
by the court or trial justice. Apjnoved May 7, 1891. 



1891. — Chapters 305, 306. 867 

An Act in addition to an act defining how time shall be (J Jiaj). 305 

RECKONED IN THE LAWS RELATING TO ELECTIONS, AND CON- 
CERNING CERTIFICATES OF NOMINATION AND NOMINATION PAPERS. 

Be it enacteO, etc., as follows: 

The last day for the filino; of certificates of nomination Last days for 
and nomination papers with the secretary of the Common- ofnominatiou 
wealth or with the clerk of any city or town shall in each pape'i°r"°^"°'^ 
instance be as follows : — Certificates of nomination of 
candidates for state offices to be voted for at large through- 
out the state, the fifth Monday preceding the day of the 
state election for which the candidates are nominated ; 
nomination papers for the nomination of such candidates, 
the fourth Monday preceding the day of such election ; 
certificates of nomination of candidates for all other state 
offices, the third Thursday preceding the day of election ; 
nomination papers for the nomination of such candidates, 
the third Friday preceding the day of election ; certificates 
and papers for the nomination of candidates for senator 
and representative, to fill a vacancy, on the second Friday 
preceding the day of election. Except in the city of Bos- 
ton, certificates ofnominatiou for the nomination of candi- 
dates for city offices, on the second Thursday preceding 
the day of the city election ; nomination papers for the 
nomination of such candidates, the second Friday preced- 
ing the day of such election ; in the city of Boston, cer- 
tificates of nomination for the nomination of such candi- 
dates, the third Thursday preceding the day of election ; 
nomination papers for the nomination of such candidates, 
the third Friday preceding the day of election. Certifi- 
cates of nomination for the nomination of candidates for 
town offices, the second Saturday preceding the day of the 
town election ; nomination papers for the nomination of 
such candidates, the first Monday preceding the day of 
election : jjrovided, hoivever, that whenever a town election 
is not held on Monday the last day for filing such certifi- 
cates and papers shall be the ninth and seventh day, 
respectively, preceding the day of election. 

Approved May 7, 1891. 

An Act extending the time within which the Charles river CJiajy 806 

EMBANKMENT COMPANY MAT COMPLETE CERTAIN IMPROVEMENTS. 

Be it enacted, etc., as follows : 

Section 1. The time within which The Charles River Time extpnded 
Embankment Company may complete the improvement improvements. 



868 1891. — Chapters 307, 308. 

on the Cambridge side of Charles river basin, as author- 
ized and required by chapter two hundred and eleven of 
the acts of the year eighteen hundred and eighty-one and 
chapter one hundred and forty-seven of the acts of the 
year eighteen hundred and eighty-six, is hereby extended 
to the thirty-first daj" of December in the year eighteen 
hundred and ninety-six. 

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

Approved May 7, 1891. 

ChciV.SOl '^N Act to authorize the trustees of the Massachusetts 

HOSPITAL FOR DIPSOMANIACS AND INEBRIATES TO CONTRACT FOR 
A SUPPLY OF WATER. 

Be it enacted, etc., as folloivs : 
JoXTCa Section 1. The trustees of the Massachusetts hospital 
forhos'i^tai'*^^'^ ^'^^' dipsomauiacs and inebriates are hereby authorized to 
make contracts for a supply of water for said hospital with 
the board of water commissioners of the Foxborough water 
supply district, or with any other person or persons who 
are or hereafter may be authorized to supply water to any 
district Avithin which the hospital is situated. 

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

Approved 3Iay 7, 1891. 

ChaT).308 ^^^ -^^^ '^^ AUTHORIZE THE BOSTON AND MAINE RAILROAD TO 
ACQUIRE BY PURCHASE THE ROAD, FRANCHISES AND PROPERTY 
OF CERTAIN RAILROAD CORPORATIONS. 

Be it enacted, etc., as folloics: 
Boston and Sectiox 1. The Bostou and Maine Eailroad is hereby 

may purchase authorizcd to acquirc b}' purchase, the road, franchises and 
p'rop'eny^ora'Jiy pi'opcrty of auy railroad corporation whose road is now 
operated by it. operated by it under lease, contract or through ownership 
of stock, and whether said road belongs to a corporation 
organized under the laws of this Commonwealth, or organ- 
ized under the laws of the state of Maine, the state of New 
Hampshire, or the state of Vermont. If the selling cor- 
poration be a corporation organized under the laws of this 
Commonwealth, the purchase shall be eflected, except as 
provided in section two hereof, on such terms as may be 
agreed to l)y the respective boards of directors of the pur- 
chasing and selling corporations, and as shall be approved 
at meetings called for the purpose by a majority in interest 
of the stockholders of the purchasing corporation and by a 



1891. — Chapter 308. 869 

majority in interest of the stockholders, other than said Bos- 
ton and ]\Iaine Railroad, of the selling corporation. For May increase us 
the purpose of making any such purchase and to enable it to *^"'" ^ ^°'^ ' 
carry into eflect the purchase agreement, and for no other 
purpose, said Boston and Maine Railroad may increase its 
capital stock by an amount not exceeding the amount of 
the capital stock of the selling corporation, and may issue 
and dispose of said additional stock as required by said 
agreement, and may exchange the same or any part there- 
of for the stock of the selling corporation, or any part 
thereof, and may make any portion of its capital stock, 
either as already existing or as increased under the author- 
ity of this act, perferred stock entitled to such preference 
as to rights and dividends as said agreement may prescribe. 
For the purpose of facilitating and eliecting any purchase saie of stock or 
herein authorized, the said Boston and Maine Railroad ^^°"'^^- 
may, after the making of the purchase agreement, pur- 
chase the shares of the capital stock of the selling corpora- 
tion, or any part thereof, and to pay for the same may 
either sell the additional capital stock hereinl)efore author- 
ized, or any part thereof, at public auction in the manner 
provided by section fifty-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. If the entire capital stock of any corpora- Boston and 
tion organized under the laws of this Commonwealth, maj^mthoHze 
whose road, franchises and property the Boston and ve^■ed'to^Vwhen 
Maine Railroad is hereby authorized to purchase, is ^^i°^ecapuai 
owned by said Boston and Maine Railroad, said corj)ora- siock. 
tion may by vote of its directors authorize its road, fran- 
chises and property to be conveyed to said Boston and 
Maine Railroad, which may increase its capital stock by 
such number of shares as, if sold at the market value on 
the day of such vote, would produce an amount equal to 
the amount of the paid up capital stock of said corpora- 
tion. Said shares and any other shares of the capital issu^ of stocks. 
stock of the Boston and Maine Railroad which, under the 
operation of this act or any section thereof, shall become 
its property, shall be issued from time to time in accord- 
ance with the laws existing at the time of such issue, and 
the proceeds thereof shall l)e applied to the purposes speci- 
fied in section three of chapter one hundred and eighty- 
five of the acts of the year eighteen hundred and ninety : 



870 



1891. — Chaptee 308. 



Proviso. 



Purchase of 
roads in states 
of Maine, Xew 
Hampshire and 
Vermont. 



Assent of stock- 
holders to the 
purchase, etc. 



provided, however, that all shares of the capital stock of 
said Boston and Maine Kailroad which, under the opera- 
tion of this act or any section thereof, shall become sub- 
ject to the lien of the mortgage of the Eastern Eailroad 
Company, dated the twenty-second day of June in the 
year eighteen hundred and seventy-six, may be sold as 
provided in said mortgage, and may also be sold in the 
manner following, to wit : If the trustees under said mort- 
gage shall request the directors of said Boston and jNIaine 
Railroad to assent to and aid in the sale of said shares or 
any part thereof, and if said directors shall not so aid and 
assent, the said trustees may file a petition for such sale, 
to the supreme judicial court for the county of Sufiblk 
sitting in equity. If said court, after due notice and hear- 
ing of the parties, shall be satisfied that the safety and 
security of the mortgage creditors so require, it may 
order such sale to be made, and thereupon may make such 
further orders and decrees respecting the application of 
the proceeds as the rights and interests of the parties con- 
cerned may require. 

Section 3. If any corporation whose road, franchises 
and property the said Boston and Maine Railroad is herein 
authorized to purchase, shall be a corporation organized 
under the laws of the state of Maine, the state of New 
Hampshire, or the state of Vermont, the said Boston and 
Maine Railroad is authorized to purchase the road, fran- 
chises and property of such corporation in such manner 
and upon such terms in each case as the laws of the state 
of the selling corporation may authorize and prescribe ; 
and upon making any such purchase, and for the purposes 
thereof, shall have all the powers and privileges conferred 
upon it by the laws of the state of said selling corpora- 
tion : provided, hoivever, that for the purpose of acquiring 
the road, franchises and property of the Orchard Beach 
Railroad Company, the capital stock of the Boston and 
]Maine Railroad shall be increased only by such number 
of shares as, if sold at the market value on the day when 
such purchase shall be legally effected, would produce an 
amount equal to the paid up capital stock of said cor- 
poration. 

Section 4. Every stockholder of either the purchasing 
or the selling corporation shall be deemed to assent to any 
purchasing agreement authorized by sections one and three 
of this act, unless within thirty days from the approval of 



1891. — Chapter 308. 871 

such purchasing agreement by a majority in interest of 
the stockholders of the purchasing and selling corpora- 
tions, he shall file with the clerk of the purchasing cor- 
poration a writing declaring his dissent therefrom, and 
stating the number of shares held by him and the number 
of the certificate or certificates evidencing the same : pro- 
vided, hoivever, that as against any stockholder legally Proviso. 
incapacitated 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 appoint- 
ment of a legal guardian or otherwise. The shares of 
any stockholder dissenting as above specified shall be 
acquired by the purchasing corporation, and shall be 
valued, and the value thereof be paid or tendered or 
deposited to or for account of such stockholder in the 
manner following : Within thirty days from the filing of 
any stockholder's dissent as above provided, the purchas- 
ing corporation shall file its 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 stockholder's shares may be determined. 
Thereupon, after such notice to all parties concerned as it f^^^g^J^/i^^oWera 
may deem proper, said court shall pass an order requiring to1)e deposited 
such dissenting stockholder's certificate of stock to be of the court. 
deposited with the clerk of said court, and shall appoint fX'lppotoed. 
three commissioners to ascertain and report the value of 
such dissenting stockholder's shares on the day of the 
approval of the purchasing agreement by the stockholders 
of the purchasing 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 proceeding shall claim a jury, in which 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 by said court. The said commis- Report of com- 

, , , tj.1 tii4.U« missioners to be 

sioners report, or sueh verdict, when accepted by the unai.etc. 
court, shall be final and conclusive as to the value of such 
dissenting stockholder's shares, and the amount so ascer- 
tained as such value shall l)e at once paid or tendered to 
such stockholder ; or, if such payment or tender be for 
any cause impractical^le, shall be paid into court. Upon 
such payment, or tender or deposit the shares of such 
dissentino- stockholder and the certificate or certificates 



872 



1891. — Chapter 309. 



Exceptions to 
ruling or order 
of court. 



Powers and 
duties after 
purchase has 
been effected. 



thereof shall become the property of the purchasing cor- 
poration, whose right and title thereto may be enforced 
by the court by any appropriate order or process. Excep- 
tions may be taken to any ruling or order of said court, 
to be heard and determined by the full court as in other 
civil cases. And said court may make all such orders for 
the enforcement of the rights of any party to the pro- 
ceeding, — for the consolidation of two or more petitions 
and their reference to the same commissioners — 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 deter- 
mined, 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 5. After any purchase herein authorized has 
been effected, said Boston and Maine Railroad shall have 
and enjoy all the rights, privileges, franchises and property 
of the selling corporation, and shall be subject to all its 
duties, debts and liabilities, and shall forthwith file in the 
office of the secretary of the Commonwealth copies of the 
votes of the respective corporations assenting to said pur- 
chase, certified by the clerks of said corporations respec- 
tively. 

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

Apjrroved May 7, 1891. 

Chap.SOQ ■'^N Act to change the harbor lines and provide for the 

IMPROVEMENT OF SOUTH BAT IN THE Cixr OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The harbor lines in South bay in the cit}^ 
of Boston are hereby changed and established as follows : 
beginning at a point on the southerly side of Dover street 
bridge, which point is distant one hundred and eighty- 
three feet southeasterly from the southeasterly side line 
of Albany street ; thence running southwesterly, parallel to 
said side line, nine hundred feet ; thence running south- 
westerly, a little more westerly, about five hundred and 
fifty-five feet, to a point which is distant three hundred 
and seventy feet southeasterly from the northwesterly side 
line of Albany street, measuring at right angles to said 
side line from a point therein six hundred and twenty- 
seven feet northeasterly from the northeasterly side line 
of Wareham street ; thence running soutkwesterly, still 



Harbor lines 
chataged. 



1891. — Chaptek 309. 873 

more westerly, about sixteen hundred and fifteen feet, to ^'|4*'°J/°®* 
a point which is distant three hundred and fifty-three feet 
southeasterly from said northwesterly side line of Albany 
street, measuring at right angles to said side line from the 
point of its intersection with the southwesterly side line of 
East Brookline street ; thence running southwesterly, still 
more westerly, five hundred feet, to a point which is dis- 
tant three hundred and forty feet southeasterly from said 
northwesterly side line of Albany street, measuring at 
right angles thereto ; thence running southeasterly one 
hundred feet at right angles to the harbor line last 
described ; thence running northeasterly, about four hun- 
dred and thirty-five feet, to a point which is distant four 
hundred and fifty-five feet southeasterly from said north- 
westerly side line of Albany street, measuring at right 
angles to said side line from a point therein sixty-five feet 
southwesterly from the southwesterly side line of East 
Brookline street; thence running southeasterly, parallel to 
the northerly side line of Swett street, about eighteen hun- 
dred and fifty-nine feet, to the northwesterly side line of 
the location of the New York and New England railroad ; 
thence running northeasterly, nine hundred and sixty-five 
feet, in a straight line which coincides for the first five 
hundred and thirty feet, more or less, with said side line 
of said railroad location ; thence running northerly, about 
thirteen hundred and forty-eight feet, to a point which is 
distant eight hundred and thirty-three feet southeasterly 
from the southeasterly side line of Albany street, measur- 
ing at right angles thereto, and is also distant six hundred 
and eighty feet southerly from the southerly side of Dover 
street bridge, measuring from a point thereon six hundred 
and five feet southeasterly from said southeasterly side line 
of Albany street ; thence running northerly, six hundred 
and eighty feet, to said point on the southerly side of said 
bridge ; thence running northwesterly by the southerly side 
of said bridge to the point of beginning. 

Section 2. No wharf, pier, wall, filling or other struct- wharves, etc., 
ure or work, shall ever hereafter be built or extended in u°n,iod beyond 
said South bay beyond the harbor lines aforesaid ; nor shall "^^-'i^-'borimes. 
any structure be built or filling done inside said harbor 
lines and below the present high water mark in said bay, 
without authority or license therefor first duly obtained 
under and subject to the provisions of chapter nineteen of 
the Public Statutes. 



874 



1891. — Chapter 310. 



No structure to 
be built below 
present high 
water mark. 



S?and8^t°o'"be"" SECTION 3. In filling any lands or flats in said bay 
d^|dg^edfrom whicli are inside and adjacent to the harbor lines aforesaid, 
an amount of material for such filling, not less than that 
required to fill such lands or flats to the grade of twelve 
feet above the plane of mean low water, shall, when- 
ever practicable and consistent with private rights, be 
obtained by dredging the same in said bay from the 
reserved basin which is bounded by the harbor lines afore- 
said, under the direction and supervision of the board of 
harbor and land commissioners, and in such places and to 
such depths as said board, having in special view the 
improvement of the navigation and sanitary conditions of 
said bay, shall prescribe. 

Section 4. No structure shall be built, or filling or 
other work done, in any portion of said South bay below 
the present high water mark thereof, whereby the existing 
flow or drainage of surface or other waters in or into and 
through said bay towards the sea is cut ofi" or obstructed, 
without first making such other provision for such flow or 
drainage as shall be approved by said board of harbor and 
land commissioners and the city engineer of said city of 
Boston. 

Section 5. All harbor lines heretofore established in 
said South bay, so far as they difler from those established 
by this act, are hereby annulled. 

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

Approved May 7, 1891. 

ChdV.Sl-O -^^ ■^^'^ '^ RELATION TO THE DEPOSIT OF PUBLIC MONEYS "WITH 

CERTAIN TRUST COMPANIES. 

Be it enacted, etc., as foUoivs : 
llpV^tpuhnl Section 1. The treasurer of the Commonwealth may 
^omplni^'etc! clcposit such portiou as he may find convenient of the 
with approval ' pubHc moncys at any time in his possession, in such exist- 

of the governor •., . "^ pi., i,, 

and council. lug trust compamcs or sate deposit and trust companies 
incorporated under the laws of and doing business within 
this Commonwealth, or in such other trust companies or safe 
deposit and trust companies as may be incorporated under 
the laws of and doing business within this Commonwealth, 
as shall be approved by the governor and council ; but 
the whole amount of money so deposited in any one trust 
company or safe deposit and trust company, shall not at 
any one time exceed forty per centum of the paid up capi- 
tal of such trust company or safe deposit and trust com- 



Lines conflict- 
ing are annulled. 



1891. — Chapter 311. 875 

pany ; and the approval of the governor and council shall 
be renewed as often as once in every three months. All 
interest received on such deposits shall be paid into the 
treasury of the Commonwealth. 

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

Axjproved May 7, 1891. 

An Act to authorize the citt of somerville to lay out (JJidrt^^W 

AND MAINTAIN A PUBLIC PARK. 

Be it enacted^ etc., asfoUoivs : 

Section 1. The city of Somerville by its city council oufa^cTmiin- 
may, at any time within three years after the passage of tain a public 
this act, take, maintain and hold in fee or otherwise, and 
by gift upon such conditions as the city council may deem 
advisable, or by purchase or otherwise, for the purpose of 
a public park, the land with the structures thereon upon 
which the powder house is located in said city, and so 
much of said land and of lands adjacent thereto or in the 
vicinity of said powder house as said city council shall 
deem advisable. 

Section 2. The said city shall, within sixty days To aie in the 
after the taking of any lands as aforesaid otherwise than deldslde- 
by purchase or gift, file and cause to be recorded in the faud tLTen! *^^ 
registry of deeds for the county of Middlesex a descrip- 
tion thereof sufficiently accurate for identification, wnth a 
statement of the purpose for which the same were taken. 

Section 3. The said city shall pay all damages sus- Damages. 
tained by any person or corporation in property, l)y the 
taking of any lands or by any other thing done by said 
city under the authority of this act. Any person or cor- 
poration sustaining damages as aforesaid under this act, 
who fails to agree with said city as to the amount of 
damages sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, on application at 
any time within the period of three years from the taking 
of such land or other property or the doing of such other 
injury under the authority of this act. 

Section 4. All acts heretofore done by said city in Acts ratified, 
regard to taking said lands or any of them, by gift or 
otherwise, for park purposes are hereby ratified and 
made lawful. 

Section 5. No money shall be appropriated at any Appropriations. 
time for the laying out or maintaining of said park except 
upon a two thirds vote of each branch of the city council 
taken by yea and nay. 



876 1891. — Chaptees 312, 313. 

c^ptMce upon a SECTION 6. This act, except as provided in the folio w- 
majority vote, j^g gection, shall not take effect unless accepted by said 
city of Somerville upon a majority vote of each branch of 
the city council taken by yea and nay. 
Seeuon'or^ Section 7. So much of this act as authorizes the sub- 
acceptance. mission of the qucstion of its acceptance to the city coun- 
cil of Somerville shall take effect upon its passage. 

A2)2:>roved May 7, 1891. 

Chap.S^2 -^^ ^^^ CONCERNING THE ASSOCIATION FOR THE PROTECTION OF 
DESTITUTE ROMAN CATHOLIC CHILDREN IN BOSTON. 

Be it enacted, etc., as follows : 

et'c!!'noftTbe Section 1. The proceedings of the Association for 
invalid. the Protection of Destitute Roman Catholic Children in 

Boston, shall not be invalid by reason of any increase in 
the number of managers or officers authorized by any 
by-law of said association, passed since the date of its 
incorporation ; and hereafter said association is author- 
ized to increase its managers to any number less than 
thirty. 
Name changed. SECTION 2. The nauic of Said association is hereby 
changed to the Home for Destitute Catholic Children. 

Approved May 7, 1891. 

C'A«I).313 -^N Act providing for the payment of fees in proceedings 

IN poor debtor cases. 

Be it enacted, etc., as folloios : 

debtor^caseJ. Upou the beginning of any proceeding under the pro- 

visions of chapter one hundred and sixty-two of the Pub- 
lic Statutes, and the acts in amendment thereof and 
supplementary thereto, in any police, district or munici- 
pal court, there shall be paid to the clerk of such court, 
or if there is no clerk, to the justice thereof, an entry fee 
of three dollars, which shall be in lieu of all fees now 
required by law to be paid for hearing applications, for 
examinations and continuances, and the issuing of all 
notices and certificates required to be made or issued by 
such court in such proceeding. Such fees shall be 
accounted for as now provided in section seven of chapter 
four hundred and fifteen of the acts of the year eighteen 
hundred and eighty-nine. Approved May 7, 1891. 



1891. — Chapters 314, 315. 877 



An Act relative to the hour of opening the polls in (JJiap.314: 

ELECTIONS. 

Be it enacted, etc., as follows: 

Section sixty-six of chapter four hundred and twenty- isqo, 423, § m, 
three of the acts of the year eighteen hundred and ninety """"^^ ^ 
is hereby amended by striking out the word ' ' seven ", 
in the second line thereof, and inserting in its place the 
word : — six, — so as to read as follows : — Meetings for opening and 
the election of state and city officers may be opened as early pous"^ 
as six o'clock 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. 

Apjyi'oved May 7, 1891. 



An Act requiring the examination of reservoirs, reservoir- (JJi(xr),^\^ 

DAMS AND MILL-DAMS BY COUNTY COMMISSIONERS. 

Be it enacted, etc. , as folloivs : 

Section 1. The county commissioners of the several Examination of 

, *^ , . . , 111- reservoirs, etc., 

counties, in any case where in their judgment the public by the county 
good requires it, or there is liability to loss of life, or of 
damage to a road or bridge, by the breaking of a reser- 
voir, reservoir-dam or mill-dam, shall, as often as once in 
every three years, examine such reservoirs, reservoir-dam 
or mill-dam, in the manner provided in chapter one hun- 
dred and ninety of the Public Statutes, and if on such 
examination they deem the same to be unsafe, they shall 
give notice to the owner thereof, and such proceedings 
shall thereupon be had, in like manner and to the same 
efi'ect and purpose as if an application had been made to 
them as provided in section fifty-three of said chapter ; 
and the provisions of said section fifty-three, and of 
sections fifty-four, fifty-five, fifty-six, fifty-seven and fifty- 
eight of said chapter shall apply to and govern such pro- 
ceedings. 

Section 2. This act shall in no wise restrict or affect ^ot to affect 

, . , ^ fY, . right of applica- 

the risfht 01 any person or officers, at any time, to make tion under p. s. 

.• • • • • 190 §63 

application as provided in said section fifty-three. 

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

Ajqtroved May 7, 1891. 



878 1891. — Chapters 316, 317, 318. 

C%fty[>.316 -^N Act to authorize the city of Cambridge to borrow 

MOKEY IN EXCESS OF THE LIMIT ALLOWED BY LAW. 

Be it enacted, etc., as follows : 
money°in°exce88 SECTION 1. The city of Cambridge, in order to cover 
umu! ^^^^ '^^^ share of the cost of building Harvard bridge and con- 
structing and completing its avenue of approach to the 
same, is authorized to raise, in addition to the sum already 
authorized, a sum not exceeding two hundred thousand 
dollars, by loan, in excess of the limit allowed by law. 
Section 2. This act shall take effect upon its passage. 

Apx)roved May 7, 1891. 

ChCip.SVI ^N "^C'T RELATING TO THE EMPLOYMENT OF MINORS WHO CANNOT 
READ AND WRITE IN THE ENGLISH LANGUAGE. 

Be it enacted, etc., as folloivs : 
Jocn'ff?'^"^' Section two of chapter four hundred and thirty-three of 

Ioa9, 160, /» 1 • 1 111 "1 

amended. the acts 01 the year eighteen hundred and eighty-seven, as 

amended by chapter one hundred and thirty-tive of the acts 
of the year eighteen hundred and eighty-nine, is hereby 
further amended by striking out the word " regular!}' ", 
in the tenth line of said chapter one hundred and thirty- 
five ; also by striking out, in the twelfth, thirteenth and 
fourteenth lines of said last named chapter, the words 
" providing such minor has been, since reaching the age 
of fourteen years, for one year continuously a resident of", 
and inserting in place thereof the words : — and who resides 
pfo°y^n| minora" ^"' — ^° ^^ ^^ ^^^^ ^^ follow : — Sectioii 2. Evciy person 
who cannot who cmploys, or permits to be employed, a minor four- 

read and write i. »/ ' i jr */ " 

etc. _ ' teen years of age, or over, who cannot read and write in 
the English language, and who resides in a city or town in 
this Commonwealth wherein public evening schools are 
maintained, and is not a regular attendant of a day school, 
or has not attained an attendance of seventy per cent, or 
more of the yearly session of the evening school, shall, for 
every such offence, forfeit not less than fifty nor more than 
one hundred dollars, for the use of the evening schools of 
such city or town. Approved May 7, 1891. 

Chan.SliS ^^ '^^^ ^^ ESTABLISH THE SALARIES OF THE REGISTER AND 
ASSISTANT REGISTER OF PROBATE AND INSOLVENCY FOR THE 
COUNTY OF MIDDLESEX. 

Be it enacted, etc. , as folloivs : 

fished^* ^**^^' Section 1. The salary of the register of probate and 
insolvency for the county of Middlesex shall be twenty- 



1891. — Chapters 319, 320. 879 

two hundred dollars a year, and that of the assistant 
register of probate and insolvency for the same county 
two thousand dollars a year, to be so allowed from the 
first day of January in the year eighteen hundred and 
ninety-one. 

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

A2yproved May 7, 1891. 

An Act in addition to an act relating to the adulteration (7^aT>.319 

OF FOOD AND DRUGS. 

Be it enacted., etc.., asfoUoivs: 

Section 1. For the purpose of carrying out the pro- May expend an- 
,visions of chapter two hundred and sixty-three of the acts exceeding' 
of the year eighteen hundred and eighty-two, relating to $ii>5oo- 
the adulteration of food and drugs, the state board of 
health may expend annually a sum not exceeding eleven 
thousand five hundred dollars : j)rovided, ho^uever, that Proviso. 
not less than three fifths of said amount shall be annually 
expended for the enforcement of the laws against the 
adulteration of milk and milk products. 

Section 2. Section one of chapter two hundred and Repeal. 
eighty-nine of the acts of the year eighteen hundred and 
eighty-four is hereby repealed. 

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

Approved May 7, 1891. 

An Act to enable the town of watertown to issue bonds, (JJi(irf.320 

NOTES OR SCRIP FOR SEWERAGE PURPOSES. 

Be it enacted, etc., asfoUoivs: 

Section 1. To provide for the indebtedness incurred Town may issue 

,. Ill •• /'ij/- 1 scrip, bonds, 

and to be mcurred by the provisions oi chapter tour nun- etc., not exceed- 
dred and thirty-nine of the acts of the year eighteen hun- i°^*^°"'*^°°- 
dred and eighty-nine, entitled " an act to provide for the 
l)uilding, maintenance and operation of a system of sewage 
disposal for the Mystic and Charles river valleys ", the 
town of Watertown is hereby authorized, in conformity 
with the provisions of chapter one hundred and twenty- 
nine of the acts of the year eighteen hundred and eighty- 
four, to issue from time to time scrip, notes, bonds or 
other certificates of indebtedness, to be denominated on the 
face thereof Watertown Sewerage Bonds, to an amount not 
exceeding one hundred thousand dollars, with interest 
thereon, redeemable in twenty years from the date of 
issue. 



880 1891. — Chapters 321, 322, 323. 

Jn°nuaiiySoo Section 2. To provide for the payment of Said 86 wei- 
fund! ^^"""'"^ age bonds at maturity said town shall annually, for twenty 
successive years, raise by taxation the sum of five thousand 
dollars to be contributed to a sinking fund to be established 
by said town in accordance with the provisions of chapter 
twenty-nine of the Public Statutes and the amendments 
thereof. Ap2yroved May 7, 1891. 

Chcip.321i ^^ ^^"^ '^^ EXTEND THE TIME WITHIN WHICH THE CITY OF 

BOSTON MAY PAT CERTAIN DEBTS. 

Be it enacted, etc., as follows: 

^rTayraento'f Section 1. Dcbts which citics and towus are required 

certain debts, by scctiou eight of chapter twenty-nine of the Public 

Statutes to pay within a period not exceeding ten years, 

may be made payable by the city of Boston within a 

period not exceeding twenty years. 

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

Approved May 11, 1891. 

ChciT>.3'2i^ An Act to authorize the town of holden to appropriate 

MONEY FOR THE PURPOSE OF CELEBRATING THE ONE HUNDREEK 
AND FIFTIETH ANNIVERSARY OF ITS INCORPORATION. 

Be it enacted, etc., as folloivs: 

Jro'^HaTe ^ ''^' SECTION 1. The towu of Holdcu may, at any special 

money for town-uiecting Called for that purpose within two months 

of ann'ivereary after thc passagc of this act or at any adjournment thereof, 

rion.Vtc!""^''"'"" grant, vote and appropriate a sum of money not exceeding 

three hundred dollars, for the purpose of celebrating the 

one hundred and fiftieth anniversary of its incorporation 

and of publishing an account of the proceedings of such 

celebration. 

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

Ajyproved May 11, 1891. 

(7Art».323 ^^ ^^^ RELATING TO THE LOCATION, LAYING OUT AND CONSTRUC- 
TION OF HIGHWAYS IN THE CITY OF BOSTON. 

Be it enacted, etc., as folloivs : 

f^?Cin"°°* Section 1. The city of Boston shall annually by ordi- 
laying out and narv votc appropriate money sufficient to meet the salaries 

constructing -^ '■'■.'■ , , *^ . . .. ,^ -, . ,. 

highways in and cxpcuses lucurrcd under sections tour, five and six ot 

oston. ^i^jg ^^^^ ^^^ ^j^y deficiencies of interest and sinking fund 

requirements to be paid by the treasurer of the city of 

Boston from the appropriation herein specified, as pro- 



1891. — Chapter 323. 881 

vided in section eighteen, and may by such vote appropri- 
ate one or more additional amounts in gross for carrying 
out the other provisions of this act ; the money so appro- 
priated shall be obtained from the sales of the bonds and 
certificates provided for in section two and shall constitute 
an appropriation for the purposes of this act ; the total of 
all amounts so appropriated in any one year shall not 
exceed one million dollars, nor shall the total amount of 
all such bonds and certificates outstanding ever be more 
than three million dollars in excess of the sinking funds 
established for the payment of said debt. 

Section 2. The treasurer of said city shall from time Treasurer to 

, .. ,1 j_ i? j_i • 'i' • A issue from time 

to tmie, on the request ot the mayor in writmg, issue, to to time negoti- 
the amount or amounts so appropriated, negotiable bonds reque<ft°o^nhe 
or certificates of indebtedness, payable in ten years from mayor- 
their date and bearins; interest at a rate not exceeding 
four and one half per cent, per annum, payable semi- 
annually, and fixed by said treasurer with the approval of 
the mayor, and shall sell said bonds and certificates or 
any part of them, and credit the proceeds thereof, except 
premiums, to the aforesaid appropriation. 

Section 3. The aforesaid bonds or certificates, except „o[\obg°°'^* 
those issued to meet the aforesaid appropriation made reckoned in de- 
during the year eighteen hundred and ninety-one, shall ofindebted- 
not be considered or reckoned in determining the author- ^^^^' 
ized limit of indebtedness of said city, under the provi- 
sions of section four of chapter twenty-nine of the Public 
Statutes as modified and amended by section two of chap- 
ter one hundred and seventy-eight of the acts of the year 
eighteen hundred and eighty-five. 

Section 4. The mayor of said city shall appoint, sub- Board of survey 
ject to confirmation by the board of aldermen of said city, 
three able and discreet men, who shall constitute a board 
of said city, to be known as the board of survey, and who 
shall hold otfice for the term of three years from the tirst 
day of May in the year eighteen hundred and ninety-one, 
or until the work which they are hereby authorized to do is 
sooner completed. Any vacancy occurring shall be filled 
by an appointment as aforesaid, for the remainder of the 
unexpired term. The chairman of said board shall be salaries. 
designated by the mayor and shall receive a salary of fort}'- 
live hundred dollars, and each of the other members a 
salary of four thousand dollars, per year. The provisions Provisions of 
of chapter two hundred and sixty-six of the acts of the year apply" ' '^ 



882 



1891. — Chapter 323. 



Board to cause 
plans to be 
made of such 
territory as they 
deem necessary. 



Plane to be filed 
in the office of 
the city 
surveyor. 



Board may 
enter upon 
lands to make 
surveys, etc. 



Damages. 



eighteen hundred and eighty-five shall, except as herein 
modified, apply to said board and to the members thereof. 

Section 5. The board ot" survey shall, with all reason- 
able dispatch, cause to be made under its direction, plans 
of such territory or sections of land in said city as said 
board may deem necessary, showing thereon the location 
of such highway or the locations of such highways, whether 
already laid out or not, as said board shall be of opinion 
the present or future interests of the public will require in 
each territor3% showing clearly the directions, widths and 
grades of each highway, and may employ such assistants 
and incur such expenses as it may deem necessary there- 
for. Said board, before making any such plan, shall give 
a public hearing as to the locations, directions, widths 
and grades for the highway or highways in the territory 
to be shown on the plan, after advertising a notice of such 
hearing twice a week for two weeks in succession in at 
least two daily newspapers published in said city, the last 
advertisement to be at least two days before such hearing. 
Each of said plans on its completion shall be marked as 
being made under the provisions of this act, signed by said 
board and by the mayor, and filed in the ofiice of the city 
surveyor of said city. Every way sixty feet or less in 
width shown on any of said plans, if it has not been laid 
out as a highway or has not been constructed or is not 
being constructed at the time of filing as aforesaid, shall 
thereafter be laid out as a highway or constructed only as 
provided in section ten, and every such way more than 
sixty feet in width may be laid out and constructed as 
provided in said section, or in any other manner prescribed 
by law for laying out or for constructing highways in said 
city. 

Section 6. Said board, its officers and agents, may, so 
far as they deem it necessary in carrying out the aforesaid 
provisions, enter into and upon any lands, and there make 
such examinations and surveys and place and maintain 
such monuments and marks, as and where they may deem 
necessary ; and any person injured in his property by such 
entry or by such placing and maintaining may have a jury, 
and may have the damages sustained by such injury deter- 
mined by such jury and paid in the manner and under the 
rules of law provided for obtaining juries and for determin- 
ing and paying damages sustained in laying out highways 
in the city of Boston. 



1891. — Chapter 323. 883 

Section 7. The preceding sections shall not be cod- Liability of the 
strued to authorize any taking or condemnation of land, or damages. 
to render said city liable for damages of any kind, except 
for making entries upon land and for placing and main- 
taining monuments and marks as provided in section six, 
nor to authorize the city of Boston to work or construct 
any way located on any of said plans, until such way 
shall have been thereafter laid out as a highway under 
other provisions of law, or until the passage of an order as 
provided in section ten. 

Section 8. The powers of the board of street com- Powers of the 

/».i>, • ij.i.'i_ 111 J.1 board of street 

missioners ot said city in regard to highways shall not be commissioners. 
abridged by this act in any manner except as provided in 
this section and in section ten, and the powers given them 
in this act shall be in addition to the powers now exercised 
by them. Xo person or corporation shall in said city, 
after the passage of this act, prepare or open for public 
travel any way, unless its location, directions, widths and 
grades are satisfactory to and have been approved in writ- 
ing by said board of street commissioners, but all highways 
in the territory shown on any of said plans laid out after 
the filing of the plan as aforesaid shall be in accordance 
with the locations, directions, widths and grades shown 
thereon ; and no public sewer, drain, water pipe or lamp 
shall be placed in, or pul)lic work of any kind done on, 
any way in any such territory other than in or on the waj's 
shown on the plan or plans of such territory : provided, 
however, that this provision shall not prevent the laying of 
a trunk sewer or a water or gas main as engineering 
demands shall require. 

Section 9. If any building shall hereafter be placed ^ri'erected'lit"^^ 
or erected in said city at a grade other than the grade other than pre- 
therefor, recorded in the ofEce of the city surveyor, and and not re- 
which the city surveyor shall furnish on the request of the ordetedTno" 
owner of the land on which the building is to be placed, auSwf d if g^de 
or if any ])uilding shall be placed or erected within the is changed. 
boundaries of any way shown on any of the plans herein- 
before provided for, after the filing of the plan as afore- 
said, and not I'emoved at the expense of the owner when 
required by said board of street commissioners, no damage 
occasioned to the estate, of which the land on which the 
building was so placed formed a part at the date of the 
first advertisement aforesaid, or to any part of said estate, 
by the subsequent establishment or change of the grade of 



884 



1891. — Chapter 323. 



Powers and 
duties of street 
commissioners 
in laying out 
higliways. 



Proviso. 



Board to de- 
termine liind of 
surface for 
highway, 
materials for 
edgestones and 
sidewalks, size 
of sewers, water 
pipes, gas pipes, 
etc. 



Method of de- 
termining the 
interest of each 
owner. 



any highway, shall be recovered by, or be paid to, the 
owner of the whole or of any part of such estate. 

Section 10. Whenever a majority in interest, deter- 
mined as provided in section eleven of this act, of the 
o Winers of lands lying within one hundred and twenty-five 
feet of any way shown on any plan filed as aforesaid, shall 
petition the board of street commissioners of said city to 
order the construction of such way, or whenever the city 
council shall authorize said board to order the construction 
of any such way, said board may proceed in the manner 
provided for laying out highway's in said city, and may, 
with the approval of the mayor, if of the opinion that the 
public interests so require, pass an order laying out such 
way as a highway, if it has not already been so laid out, 
and if already so laid out but not constructed, or if laid 
out under the provisions of this section, may pass any order 
for the construction of the same ; and any person injured 
in his property thereby may have the same remedies as are 
now provided by law for persons so injured by the laying 
out of highways in said city : provided, Jiowever, that said 
board shall not pass any such order unless there shall have 
been paid to said city such sum of money, if any is needed 
therefor, as will when added to the total average assessed 
value for the preceding three years of all the lands which 
will be liable for the assessable cost of said work, as pro- 
vicied in section fifteen, exceed by at least twenty-five per 
cent, the cost as estimated by them of the laying out and 
of the work to be done under the order. Said board shall 
also in said order determine, in accordance with the certifi- 
cate of the superintendent of streets of said city, the kind 
of surface or pavement for said highway, the height and 
width, and the materials for the edgestones and side- 
walks, the locations, sizes and materials for the sewers, 
catch-basins and all other connections, and, in accordance 
with the certificate of the water supply department, the 
size for the water pipes and connections ; said board shall 
also determine in said order the size for the gas pipes and 
connections to be laid in said highway, and if the gas com- 
pany in said city shall certify to the proper size for said 
gas pipes and their connections, the said board shall make 
its determination in accordance with said certificate. 

Section 11. The aforesaid interest of each owner 
shall be determined by the number of square feet of land 
which he owns lying within one hundred and twenty-five 



1891. — Chapter 323. 885 

feet of, and measuring from the side or sides on which his 
lands lie, of the way named in the petition, or if there is 
another way less than two hundred and fifty feet distant 
from the aforesaid way and having the same general direc- 
tion, then such interest shall be determined by the number 
of square feet of land which he owns w^ithin a line drawn 
half way between the two ways. 

Section 12. The superintendent of streets of said of^KsTo'^grve 
city shall forthwith after the passage of the aforesaid public notice of 

*; . ,,. .,,'■. ^ . , work about to 

order, give public notice by advertisement twice a week be done. 
for two weeks in succession in at least two daily news- 
papers published in said city that he is about to do the 
work contemplated in said order, and that all work which 
is to be done in the highway shall be done before a certain 
day specified in the notice ; shall send a copy of such 
notice to the gas company and the water supply and lamp 
departments in said city at least three weeks before the 
aforesaid specified day, and shall with all reasonable 
dispatch proceed in the manner provided in chapter four 
hundred and eighteen of the acts of the year eighteen 
hundred and ninety, for departments of said citj' when 
authorized to erect new buildings, to construct the high- 
way and to lay the sidewalks and the sewers, and the 
catch-basins and all other connections therein, in accord- 
ance with the said order, and connect the said sewers with 
the sewers then in use ; and if the gas company author- 
ized to lay gas pipes in the highway shall neglect or refuse 
to lay its pipes as determined in said order within the 
time specified therefor, he shall lay the said pipes as so 
determined and connect them with the pipes then in use. 

Section 13. Said superintendent shall not do, or Not to permit 
permit to be done, an}^ of the work above described in to U done after 
any year after the fifteenth day of November, unless he Novemb^e"fun- 
certifies, in a writing approved by the mayor and kept on i«;ss, etc. 
file in the office of said superintendent, that public neces- 
sity requires the work to be done. After the construction 
of the highway said superintendent shall not, for the 
space of two years, peraiit any department or person to 
disturb the surface thereof, except in case of obviou* 
necessity, to be certified to in a writing to be approved 
and kept as hereinbefore provided, and except in cases of 
breaks or leaks in pipes, sewers or wires, but after said 
two years said superintendent may in his discretion per- 
mit openings to be made. 



886 



1891. — Chapter 323. 



Board of street 
commissioners 
to determine the 
assessable cost 
incurred. 



Assessable cost 
to be repaid by 
the owners of 
the land. 



Cost of gas 
mains, etc., to 
be determined 
by the superin- 
tendent of 
streets. 



Duties of the 
board of 
assessors. 



Section 14. Said board of street commissioners 
shall forthwith, after the construction of the highway, 
determine the cost incurred in carrying out said order, 
including the expenses of taking land and all other 
expenses of the laying out and the expenses of all work 
done and materials furnished by the superintendent of 
streets as certified by him, excluding water pipes, gas 
pipes and connections and the laying thereof, and said 
cost shall be the assessable cost of the work done under 
said order. 

Section 15. The said assessable cost of the work done 
under said order shall be repaid with interest to the city, 
by the owners of the several parcels of land described in 
section eleven, and the amount to be paid for each parcel, 
for which the parcel shall be liable and for which an 
underlying lien shall attach to the parcel, shall be deter- 
mined by said board of street commissioners in accordance 
with the proportions in which said board shall determine 
that the said parcels of land are increased in value by the 
carrying out of the aforesaid order. The cost, if any are 
laid by said superintendent of streets, of the gas mains and 
connections and the laying thereof, as determined by said 
superintendent, shall be repaid to said city by the gas com- 
pany owning the pipes with which the gas pipes laid in 
said streets are connected. 

Section 16. The board of assessors of said city, if 
the amount of the aforesaid assessable cost for which any 
parcel of land aforesaid is liable, determined as provided 
in section fifteen, is not paid before the last day of Sep- 
tember next succeeding said determination, shall include 
a sum equal to nine per cent, of such amount plus one 
year's interest on the whole of said amount at the rate of 
five per cent, per annum, in the next and succeeding 
annual tax bills issued for the tax on the said parcel until 
ten such sums have been paid, or if such parcel has been 
subdivided and a plan thereof filed in the registry of deeds 
and the assessors notified in writing of such filing, said 
board shall apportion the said sum, including said interest, 
to said subdivisions in proportion to their areas, and 
include the several apportionments in the next and suc- 
ceeding annual tax bills issued for the taxes on the 
respective subdivisions ; said board shall issue tax bills 
for such sums or apportionments for any parcels or sub- 
divisions for which no tax bill would otherwise be issued. 



1891. — Chapter 323. 887 

Ever}' such sum or apportionment in a tax bill shall be 
levied, collected and paid into the city treasiny, without 
abatement, as if a part of, and in the same manner as, the 
city taxes on real estate. 

Section 17. The owner of any parcel of land or sub- Payments by 
division aforesaid, may at any time pay to said city the land. 
balance of the amount of the said assessable cost for which 
his parcel or suljdivision is liable, remaining due after 
deducting therefrom the several sums or apportionments, 
exclusive of interest, included in tax bills as provided in 
section sixteen, and his parcel or subdivision shall then 
be relieved from further lien and liability therefor, and 
whenever the payments toward said assessable cost, with 
the sum paid under the provisions of section ten, })lus the 
interest on such sum at the rate of five per cent, per annum 
from the date of })ayment thereof, shall be equal to the 
whole of said assessable cost, all further liability of, and 
lien on, any and all parcels of land liable for such assessa- 
ble cost shall cease. 

Sectiox 18. The treasurer of said city shall, from the Duties of the 
premiums, amounts, sums and apportionments received *''^'''^"''*^'"- 
during any financial year of said city under the provisions 
of sections two, ten, fifteen, sixteen and seventeen, pay 
the interest on the aforesaid bonds and certificates accru- 
ing during that year, and shall pay over any surplus of 
the moneys so received to the board of commissioners of 
sinking funds of said city, to be by them credited to the 
sinking funds established for the debts incurred -under sec- 
tion two. Jf the amount so received in any such year is 
insufficient to meet the interest aforesaid, said treasurer 
shall, unless other provision is made by said city, pay the 
deficiency from the aforesaid appropriations ; and unless 
said city otherwise orders, shall, when said bonds and cer- 
tificates become due, pay from said appropriation any 
deficiency existing in the sinking funds established to pay 
the same, and no moneys shall be raised for interest or 
sinking fund requirements on said bonds and certificates 
except as herein provided, unless ordered by said city. 

Sectiox 19. If the gas company is aggrieved by the if gas company 
determination of the amount to be repaid by it to the city, pVydlluo tile'*"'' 
as provided in section fifteen, and shall pay said amount "erdriys.'uaii'I 
into the city treasury within ten days after such determi- recover any 

„ . , . . ,. excess in nn 

natu)n, it may recover of said city, m an action of contract action of 
brought within three months after said determination, any 



excess in an 
action of 
contract. 



888 



1891. — Chapter 324 



Location of 
highway not to 
be m.ade over 
the common, 

etc. 



Court, in equity, 
may enforce, 
restrain, etc. 



Cliaj) 



excess of said amount over the amount which it should 
have paid thereunder, with interest thereon at the rate of 
tive per cent, per annum. 

Section 20. This act shall not l)e construed to author- 
ize the location or laying out of any highway or public 
place on or over the common, public garden, or any pub- 
lic park, or over any burial ground. 

Section 21. Any court having jurisdiction in equity 
shall also have such jurisdiction to enforce and to restrain 
the violation of the provisions of this act. 

Section 22. This act shall take etfect upon its passage. 

Approved May 11, 1891. 



.321 •^^ -^^"^ '^^ AUTUOKIZE THE CITY OF BOSTON TO INCUR INDEBT- 
EDNESS OUTSIDE ITS DEBT LIMIT FOR THE PURPOSE OF COMPLET- 
ING THE NEW PUBLIC LIBRARY BUILDING. 



City may incur 
additional in- 
debtedness to 
an amount not 
exceeding 
$1,000,000. 



Not to be 
reclioned in 
determining 
limit of indebt- 
edness. 



Treasurer to 
sell bonds from 
time to time as 
required. 



Premiums to be 
paid into the 
sinking funds. 



Be it enacted, etc., as follows : 

Section 1. The city of Boston, for the purpose of 
enabling the trustees of the public library of the city of 
Boston to complete the new public library building in 
Copley square in said city, may, in addition to all indebt- 
edness heretofore authorized, incur indebtedness and may 
authorize the city treasurer of said city to i(>sue from time 
to time as the said trustees shall request and the mayor of 
said city approve, bonds or certificates of indebtedness to 
an amount not exceeding one million dollars. Such bonds 
shall be payable in thirty years from their date, and shall 
bear interest at a rate not to exceed four per cent, per 
annum payable semi-annually and fixed by the said treas- 
urer with the approval of the mayor. 

Section 2. 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 3. Said treasurer shall sell such bonds or 
certificates, or any part thereof, from time to time as 
required, and retain the proceeds thereof in the treasury 
of said city, and pay therefrom the expenses incurred by 
the said trustees for the purposes aforesaid, except pre- 
miums received by him from the sale of said bonds or 
certificates, which he shall pay to the board of commis- 



1891. — Chapters 325, 326. 889 

sioners of the sinking funds of said city to be applied to 
tlie purposes of the sinking fund for said loan. 

Section 4. Except as herein otlierwise provided tlie issue of bonds 
provisions of chapter twenty-nine of the Public Statutes mcnt of eiuking 
and of chapter one hundred and twenty-nine of the acts 
of the year eighteen hundred and eighty-four shall apply 
to the issue of such bonds and to the establishment of a 
sinking fund for the payment thereof at maturity. 

Section 5. This act shall take eftect upon its passage. 

Ai^proved May 11, 1891. 



An Act relating to fees and expenses in proceedings before njicw.^25 

TRIAL justices. 

Be it enacted, etc., as foUoios : 

Section 1. The provisions of chapter four hundred f89°o^'4io"re°it. 
and forty of the acts of the year eighteen hundred and iog to police, 

'',., ,, -.."^ T • J -I ••! etc., courts, to 

nmet}^ which relate to police, district and municipal apply to tnai 
courts, shall apply with equal force and effect to trial jus- J"^"'=^*- 
tices and proceedings before them. 

Section 2. The fee of three dollars allowed to trial ^o^u^^Vt'J.'triai 
iustices by the first section of chapter three hundred and justicostobe 

1 /• I /• 1 • 1 1111 P^'" '^y couuty 

fitty-three oi the acts ot the year eighteen hundred and treasurer. 
ninety shall be paid in all cases by the county treasurers, 
and shall not be taxed against any defendant. 

Section 3. This act shall take eftect on the first day Totakeeffect 
of June in the year eighteen hundred and ninety-one, but 
shall not aftect any process or proceeding pending on that 
day. Approved May 13, 1891. 



An Act to authorize the city of Gloucester to raise money (Jhrtij 32G 

FOR the celebration OF THE TWO HUNDRED AND FIFTIETH 
ANNIVERSARY OF ITS INCORPORATION AS A TOWN. 

Be it enacted, etc., as follows: 

Section 1. The city of Gloucester is hereby author- city may raise 
ized to raise l)y taxation a sum not exceeding five thousand "au^annN ^' 
dollars, for the purpose of celebrating the two hundred corpo'raUon"n8 a 
and fiftieth anniversary of its incorporation as a town and *°^°- 
of publishing an account of the proceedings of such cele- 
bration. 

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

Approved May 13, 1891. 



890 1891. — Chapters 327, 328. 

(JJian.^27 ^^ -^^^ relating to the fisheries in Bi zzard's bay. 

Be it enacted^ etc., as folloivs: 

rsse'igTnotto Sectiox 1. Nothing contiiined in chapter one hundred 
interfere with and ninctv-two of the acts of the year eiahteen hundred 

corporate rights ,.,". . , ^ . '^/•iiii 

of atiy fishing and cighty-six or acts ni amendment thereor, shall be con- 
mi^ za?d' 8° bay, strued to interfere with the corporate rights of any fishing 
*"*'■ company located on Buzzard's bay, nor in any way to 

affect the fish weirs mentioned in section seventy of chap- 
ter ninety-one of the Public Statutes, nor the use of nets 
or seines in lawful fisheries for ahad or ale wives in 
influent streams of said bay. 
Repeal. Section 2. Section four of said chapter one hundred 

and ninety-two and all acts and parts of acts inconsistent 
herewith are hereby repealed. Approved May 13, 1891. 

(JJian.32S ^^ -^^'^ '^^ PROVIDE A UNIFORM SYSTEM OF COUNTING AND 

CANVASSING VOTES. 

Be it enacted, etc., as folloivs : 

^uT&ppamtaB. Section 1. The secretary of the Commonwealth shall, 
foruseby eiec- p^l ^\^q expcusc of the Comuion Wealth , provide every city 

tion oihcers to • -i t i ^ n i-i n 

be furnished by and towu With blank forms and suitable apparatus for use 
thoCo^mmon-° by the election officers at each polling place in the count 
wealth. ^^^ canvass of the votes cast at each state, city and town 

election, and upon any proposed amendment to the con- 
stitution or other question submitted to the voters : j)^'0- 
vided, the ballots cast at such elections or in taking such 
votes are printed and distributed by the Commonwealth or 
by such city or town, as provided by law. Said blank forms 
and apparatus shall be approved by the secretary, treas- 
urer and auditor of the Commonwealth or by a majority 
of them. Said blank forms and apparatus shall be used 
in ascertaining the result of such election or vote, or such 
result shall be ascertained in the manner hereinafter 
provided. 
uUT-ue^wLVka Section 2. If for any cause it shall become impossible 
or apparatus, at any such election or in taking any such vote to make 
to be made as usc of the statc blanks or apparatus, the canvass of the 
sht'ii'direct.^*^'^* votcs shall bc made as the presiding election officers shall 
direct ; the clerk shall make a record of the facts pertain- 
ing thereto and return an attested copy of the record 
thereof enclosed in the envelope provided according to law 
for the return of the ballots cast at such election or in 
taking such vote. 



1891. — Chapter 329. 891 

Sectiox 3. City and town clerks shall send the state city and town 
blanks and apparatus to the election officers of each pre- birak'8,°etT,\o 
cinct or town before the opening of the polls on the day beTore"oSng 
of any election or meeting at which the state blanks and ^f ^'i°"tion.''''^ 
apparatus are required to be used, together with such blank 
forms and apparatus as may be api)roved by the board of 
aldermen or selectmen as the case may be. 

Section 4. Except as herein otherwise provided, the canvass of 
canvass of the votes cast shall be made in accordance with 
the provisions of section ninety-five of chapter four hun- 
dred and twenty-three of the acts of the year eighteen 
hundred and ninety. The canvassing officer or officers 
of each political party shall, subject to the inspection or 
supervision of an election officer of another political party, 
make a separate and independent canvass of all the votes 
cast, dividino; the ballots into blocks of a convenient num- 
ber for this purpose, and canvassing each block by itselt. 
The results of such separate canvasses shall be reported to 
the presiding election officer and compared with each other 
by him, and if they agree the result shall be recorded on 
the blank forms provided for that purpose ; if they disagree 
the canvass shall be revised until an agreement is reached. 

Section 5. All existing provisions of law relating to provisions re- 
the care, custody and repair of the state ballot-boxes and ftc.,of baiiot- 
the penalty for the destruction oY injury of the same shall, |'o°biauk fo^rms 
so far as they can be made applicable, apply to the care, and apparatus 
custody, repair, destruction or injury of the blank forms 
and apparatus herein provided for. 

Section 6. Any election officer who violates the pro- penalty on eiec 
visions of this act shall be punished by fine not exceeding 
one hundred dollars or by imprisonment in the house of 
correction for twenty days ; but no such violation shall in violation not 
any way invalidate any return of the votes cast, duly made uou.eto." 
by any town, ward or precinct clerk, or affect the title of 
any person who is duly declared to be elected to any 
office. Approved May 13, 1891. 

An Act relative to the care of ballot-boxes and furnish- (JJiav.o'^id 

INQ OF ELECTION BLANKS AND INSTRUCTIONS BY THE SECRETARY 
OF THE COMMONWEALTH. 

Be it enacted, etc. , as foUoivs : 

Section 1. The care, custody and repair of the state secretary to 
ballot-boxes, provided for by section eighty-seven of chap- vuion.Tic^f 
ter four hundred and twenty-three of the acts of the year i^''»°'-^"^'^«- 



892 



1891. — Chapter 330. 



Improveraonts 
in ballot-boxes 
may be made. 



Secretary to 
furnish blank 
forms for the 
nomination of 
candidates. 



eighteen huudred and ninety, shall be under the supervi- 
sion, direction and control of the secretary of the Com- 
monwealth. The secretary may, at the expense of the 
Commonwealth and subject to approval, as provided in 
section eighty-four of said chapter four hundred and 
twenty-three, cause necessary improvements to be made 
in any of the state ballot-boxes. 

Section 2. The secretary shall furnish, upon applica- 
tion, bUmk forms for the nomination of candidates for 
state offices : j^^'ovided, hotcever, that blank forms for cer- 
titicates of nomination of candidates for the office of repre- 
sentative in the general court shall be sent to the clerk of 
each city and tow^n for the use of the presiding officer and 
secretary of any legal caucus or convention held therein 
for the nomination of candidates for said office. The sec- 
retary shall furnish the clerks of towns, wherein town bal- 
lots are printed and distributed at the public expense, 
blank forms for the nomination of candidates for town 
offices. 

Section 3. The secretary shall make such suggestions, 
give such directions, furnish such instructions and blank 
forms as will aid and assist town officers in the perform- 
ance of their duties under the requirements of law relating 
to elections. 

Section 4. The secretary shall include in the report 
provided for by section one hundred and eighteen of chap- 
ter four hundred and twenty-three of the acts of the year 
eighteen hundred and ninety, a concise statement of other 
matters relating to elections, with such suggestions thereon 
as may be deemed advisable. Ajyproved May 13, 1891. 

OhciJ).330 "^^ ^^^ "^^ CONKIKM THE PROCEEDINGS OF THE ANNUAL TOWN- 
MEETINQ OF THE TOWN OF EASTHAMPTON. 

Be it enacted, etc., as follows : 

Section 1. The proceedings of the annual town-meet- 
ing of the town of pjastham[)ton for the election of town 
officers, held on the ninth day of March in the year eight- 
een hundred and ninet3^-one, shall not be invalid by reason 
of any defects in the warrants calling said meeting nor for 
the reason that the town had not previously determined 
the number and terms of officers required to be elected by 
ballot. 

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

Approved May 13, 1891. 



To make sug- 
gestions, 
furnish in- 
structions, etc. 



To include in 
report a concise 
statement of 
other matters 
relating to elec- 
tions. 



Proceedings 
confirmed. 



1891. — Chapter 331. 893 



An Act to supply the town of methuen with water. CllCin 331 

Be it enacted, etc. , as follows : 

Section 1. The town of Methuen may supply itself ^ethueu may 
and its inhabitants with water for the extiniruishment of ''".''P'y '''*®'^ 

, , , T . [. • 11 ■W'l water. 

fires and tor domestic, manutacturmg and other purposes, 
and may establish fountains and hydrants, relocate or dis- 
continue the same; may regulate the use of such water 
and fix and collect rates to be paid for the use of the 
same. 

Section 2. The said town, for the purposes aforesaid, ^°J^"aof'ponds 
may take by purchase or otherwise and hold the waters of sp."".g8.. e'?-.. 

•^ 1 • 11 • I • It ^• •. /»•! Within Its limits 

any pond, stream, spring or wells within the limits ot said 
town, and the water rights connected therewith ; and obtain 
and take water by means of bored, driven, artesian or other 
wells, on any land within said town, and hold and convey 
said water through said town, and may also take and hold 
by purchase or otherwise, all lands, rights of way and ease- 
ments necessary for holding and preserving such water 
and for conveying the same to any part of said town of 
Methuen ; 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 com- 
plete and effective water works ; and may construct and ^Yia™down' 
lay down conduits, pipes and other works under or over conduus, pipes 
any lands, water-courses, railroads or public or private 
ways, and along any such way in such manner as not 
unnecessarily to obstruct the same; and for the purpose May dig up 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of this 
act, said town may dig up any such lands, and, under the 
direction of the board of selectmen of the town in which 
any such ways are situated, may enter upon and dig up 
any such ways in such manner as to cause the least hin- 
drance to public travel on such ways. 

Section 3. The town shall, within sixty days after the Tofiieinthe 
taking of any lands, rights of way, water rights, water delda'adesciip- 
sourcos or easements as aforesaid, otherwise than by pur- iami«Jetc!, 
chase, file and cause to be recorded in the registry of deeds ''''^^"• 
for the county within which such lands or other property 
is situated, a description thereof sufiicicntly accurate for 
idcntitication, with a statement of the purpose for which 



89i 1891. — Chapter 331. 

.the same were taken, signed by the water commissioners 
hereinafter provided for. 
i^w'bfth'c* ^^ Section 4. The town shall pay all damages sustained 
town. |jy jjj^y 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 corpora- 
tion 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 l)y law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such land or 
other property or the doing of other injury under the 
authority of this act ; but no such application shall be 
Application for made after the expiration of said three years. No appli- 

damages not to i iiii i/-i 

be made until catiou tor assessmcut oi damages shall l)e made lor the 

•water is actually , i • /■ . , • i ^ ^ • • yi , 

-withdrawn. taking ot any water, water right, or tor any injury thereto, 
until the water is actually withdrawn or diverted by said 
town under the authority of this act. 
Loln^ifottoex" Section 5. The said town may, for the purpose of 
ceed $150,000. paying the ucccssary 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 and fifty thousand dollars ; such 
bonds, notes and scrip shall bear on their face the words 
Methuen 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 cent, per annum, and shall be signed 
by the treasurer of the town and be countersigned by the 
water commissioners hereinafter provided for. The said 
town may sell such securities at public or private sale, 
or ])ledge the same for money borrowed for the purpose 
of this act, upon such terms and conditions as it may deem 
Sinking fund, proper. The town shall provide at the time of contract- 
ing 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. 
Jli7n?enT^l/an Section 6. The Said town instead of establishing a 
in annual pro- sinking: fuud may at the time of authorizins; said loan pro- 
payments. vulc for the pa3ment thereof in such annual proportionate 



1891. — Chapter 331. 895 

payments as will extinguish the same within the time pre- 
scribed in this act, and when such vote has been passed 
the amount required thereby shall without further vote be 
assessed by the assessors of said town in each year there- 
after, until the debt incurred by said loan shall be extin- 
guished, in the same manner as other taxes are assessed 
under the provisions of section thirty-four of chapter 
eleven of the Public Statutes. 

Section 7. The return required by section ninety-one The return le- 
of chapter eleven of the Public Statutes shall state the amouut of sink- 
amount of any sinking fund established under this act, i"s f^^i^'-- '*^'=- 
and if none is established whether action has been taken 
in accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the cur- 
rent year. 

Section 8. The said town shall raise annually by taxa- to raise sum- 
tion a sum which, with the income derived from the water fucorarami 
rates, will be sufficient to pay the current annual expenses {gresVetc? '" 
of operating its water works and the interest as it accrues 
on the bonds, notes and scrip issued as aforesaid by said 
town, and to make such contributions to the sinking fund 
and payments on the principal as may be required under 
the provisions of this act. 

Section 9. Whoever wilfully or wantonly corrupts, penalty for 
pollutes or diverts any of the waters taken or held under 7u\>t\ng ov'^' 
this act, or injures any structure, work or other property divertmg water. 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed therefor, 
to be recovered in an action of tort ; and upon conviction 
of either of the above wilful or wanton acts shall be pun- 
ished by a tine not exceeding three hundred dollars or by 
imprisonment not exceeding one year. 

Section 10. The said town shall, after its acceptance Board of wator 
of this act, at a legal meeting called for the purpose elect to be elected. 
by ballot three persons to hold office, one until the expira- 
tion of three years, one until the expiration of two years 
and one until the expiration of one year from the next suc- 
ceeding 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 a term of three years. All the authority granted to the 
said town by this act and not otherwise specitically pro- 
vided for shall be vested in said board of water commis- 
sioners, who shall be subject however to such instructions, 



893 1891. — Chapters 332, 333. 

rules and regulations as said town may impose by its 
To be trustees vote. Tiic Said Commissioners shall be trustees of the 

of the sinking • i • f i ^ • • c • i 

fund. Sinking fund herein provided for, and a majority ot said 

commissioners shall constitute a quorum for the trans- 
action of business relative both to the water works and the 
sinking fund. Any vacancy occurring in said board from 
any cause may be filled for the remainder of the unexpired 
term b}' said town at any legal town-meeting called for 
the purpose. 
acc''iptaV°e by a SECTION 11. This act shall take effect upon its accept- 
uThinthrer*" ^^^^e by a two thirds vote of the voters of said town present 
J''^'*- and voting thereon at any legal town-meeting called for 

the purpose within three years from its passage ; but the 
number of such meetings shall not exceed three in any one 
year. At such meetings the votes shall be taken by writ- 
ten or printed ballots, and the polls shall be kept open at 
least four hours. At such meetings the selectmen shall 
preside, and in receiving said ballots the check-list shall 
be used in the same manner as it is used at elections of 
national, state and county officers. 

Ap2')roved May 13, 1891. 

Ch(ip.332 An Act making an appkopkiation for the state house loan 

SINKING FUND, 1901. 

Be it enacted, etc., as foUoics : 
t^r^itaillimfse SECTION 1. The suui of scvcuty thousand and twelve 
F^ndfigoi'."^ dollars and twenty-three cents is appropriated, to be paid 
out of the treasury of the Commonwealth from the ordi- 
nary revenue, for the purpose of establishing a sinking 
fund to be known as the State House Loan Sinking Fund, 
1901, as authorized by chapter two hundred and twent}'- 
four of the acts of the present year. 

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

Approved May 13, 1891. 

Chcip.S33 An Act to regulate the sale of candy shells inclosing 

LIQUID CONTAINING ALCOHOL. 

Be it enacted, etc., as follows : 
fonta'ining^aico- Section 1. No pcrsou shall scU to any child under 
hoi regulated, gixtecu ycai's of age any candy or other article, inclosing 

liquid or syrup containing more than one per centum of 

alcohol. 
Penalty. Section 2. All pei'sous violating the provisions of this 

act shall be punished by a fine of not less than fifty nor 

more than one hundred dollars. Approved May 13, 1891. 



1891. — Chapters 334, 335, 336. 897 

An Act to give to the board of selectmen of the town QJinij 334 

OF MEDFORD CERTAIN POWERS IN RELATION TO BROOKS AND 
streams THEREIN. 

Be it enacted,, etc., as follows : 

Section 1. The board of selectmen of the town of selectmen to 

. /•!• have certain 

JNIedfora is hereby authorized, for the purpose of drain- powers in reia- 

,,,.,, , , n 1 tion to brooks 

mg any lands which have been or may nereatter be aud streams. 

declared by the board of health of said town to be so wet 

or moist as to be offensive or injurious to health, to clear 

of obstructions, deepen and widen any brooks or streams 

in the limits of said town and to straighten or alter the 

course or channels thereof, and to enter upon any lands 

for such purpose ; and the more efiectually to make such 

improvements said board of selectmen may take land 

within the limits of said town in fee simple or otherwise 

not exceeding four rods in width. Damages suffered by Damages. 

any person through such taking of land or through any 

action of said selectmen under this act shall be ascertained 

and recovered in the same manner as provided by law in 

the case of the laying out of town ways. 

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

Approved May 13, 1891. 

An Act to authorize the American oriental society to (Jhn'ij 335 

HOLD its meetings WITHOUT THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

Section 1. The American Oriental Society, a corpo- Places in which 
ration organized under the laws of this Commonwealth, is heM.'°^*™''^ 
hereby authorized to hold its meetings in any state or 
territory of the United States and in the District of 
Colum])ia : provided, however, that said society shall P^'o^'i^o- 
meet within this Commonwealth at least once in three 
years. 

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

Ai^proved May 14, 1891. 

An Act to provide for the filling of vacancies in town (JJinij 33G 

OFFICES. 

Be it enacted, etc., as follows: 

Section 1. When a vacancy occurs from any cause in Fiiungof vacan. 
any town office, except in the office of selectmen, town offices. 
clerk, assessor or treasurer, and when there is no existing 



898 1891. — Chapter 337. 

provision of law for the filling of such vacancy, or when 
there is a failure to elect any town officer except those 
above named, the selectmen shall, ))y an appointment in 
writing signed by them, proceed to fill such vacancy, and 
the person so appointed shall be entitled to perform the 
duties of the olEce to which he is appointed, until the 
next annual town election or until another is duly elected 
Proviso. and qualified in his stead : provided, however, that when 

a vacancy occurs or exists in a board of town officers, 
other than in the boards of selectmen or assessors, the 
remaining members of such board shall, in writing, give 
notice of the fact to the selectmen of the town, and the 
two boards shall thereupon, after giving public notice of 
at least one week, proceed to fill such vacancy ; and a 
majority of the ballots of persons entitled to vote shall be 
necessary to an election, and the person so elected shall 
be entitled to perform the duties of the office to which he 
is elected, until the next annual town election or until 
another is duly elected and qualified in his stead. 
EarsTreq^uire- Sectiox 2. The pcrsou or persons so appointed or 
menis, etc. elected shall perform the same duties, have the same 
powers and privileges, and be subject to the same require- 
ments, restrictions and penalties, from the date of such 
appointment or election and during such term of office, as 
is now provided by law for the persons duly elected or 
appointed to such offices. 

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

Approved May 16, 1891. 

Ch(ip.3^7 -^N Act authokizinq the city of lowell to take land for 

BLRIAL GROUNDS AND PROVIDING FOR THEIR MANAGEMENT. 

Be it enacted, etc. , as foUoivs : 

i^nd8"for bm-Li Section 1. The city of Lowell may, for the enlarge- 
grounds. ment of burial grounds already existing in and belonging 

to said city, take by purchase or otherwise and hold all 
such adjacent lands in said city as may be necessary for 
that purpose ; and shall within sixty days after the taking 
of any lands, otherwise than by purchase, tile and cause 
to l>e recorded in the registry of deeds for the northern 
district of Middlesex county a description thereof suf- 
ticiently accurate for identification, with a statement of 
the ]>urpose for which the same are taken. Said city 
Damages. shall pay all damages sustained by any person or corpora- 

tion by the taking of any lands under this act, and any 



1891. — Chapter 338. 899 

person or corporation sustaining damages as aforesaid, 
Avho fails to agree with said city as to the amount thereof, 
may have the damages assessed and determined in the 
manner provided by hiw when land is taken for the laying 
out of town ways. 

Section 2. The sole care, superintendence and man- Management to 
agement of all public burial grounds now or hereafter boa^cT of three 
existing in and belonging to said city shall be vested in a tmstees. 
board of three trustees, one of whom shall be the owner 
of a lot in the Edson cemetery, so called, in said city. 
The mayor of said city shall be ex officio a member and 
chairman of said board, and in the month of May or June 
next shall, subject to the approval of the board of alder- 
men, appoint two citizens of Lowell to constitute the 
remaining members of the board, as follows ; one mem])er 
to be appointed to hold office from the date of his appoint- 
ment until the expiration of two years, and one until the 
expiration of one year from the first day of January next 
following his appointment. In the month of Deceml)er 
in the year eighteen hundred and ninety-two, and in the 
mouth of December annually thereafter, the mayor shall 
appoint, subject to the approval of the board of aldermen, 
from the citizens of Lowell, a trustee to serve for two 
years from the first day of January next ensuing, or until 
his successor is appointed. Whenever a vacancy occurs vacancies. 
in the board of trustees the same shall be filled in the 
manner aforesaid, and the new trustee shall hold office for 
the balance of the unexpired term. Said board shall have Board to have 
the control of the expenditure of all moneys appropriated exp"°ditures. 
by the city to be expended upon burial grounds, and shall 
have the power and be subject to the duties of commis- 
sioners of public burial grounds as specified in chapter 
two hundred and sixty-four of the acts of the year eight- 
een hundi'ed and ninety, so far as the same ai*e not incon- 
sistent herewith. 

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

Ap2oroved May 16, 1891. 

An Act to establish a drainage board kor the city of ltnn. njinr) 338 
Be it enacted, etc., as foUoivs : 

Section 1. The city council of the city of Ljmn, as city may estab- 
soon as may be after the acceptance of this act, by con- board. '*''"^* 
current vote of both l)ranches thereof, as hereinafter pro- 
vided for, shall choose five persons, citizens of Lynn, 



900 



1891. — Chapter 338. 



Members to 
receive no com- 
pensation. 

Authority in 
locating, laying 
out, etc., of 
sewers and 
drains. 



Estimates of 
probable cost 
to be made. 



City engineer 
to be clerk of 
the board. 



who are not members of the city council, and not more 
than two of whom shall be residents of any one ward in 
said city, to constitute a drainage board of said city, to 
serve, one for the term of one year, one for the term of 
two years, one for the term of three years, one for the 
term of four years and one for the term of five years, 
respectively, from the first Monday of April in the year 
eighteen hundred and ninety-one and until their respective 
successors are elected ; and thereafter the city council of 
said Lynn shall annually in the month of March elect, as 
above provided, a citizen of said city who shall be eligible, 
as herein provided, to serve as a member of said board 
for the term Of five years from the first Monday of April 
then next ensuing or until his successor is chosen. Any 
vacancy occurring in said board may be filled for the unex- 
pired term in the same manner as provided for an original 
election. The members of said board shall receive no 
compensation for their services as such members. 

Section 2. Said board shall have exclusive authority, 
except as herein otherwise provided, in the locating, lay- 
ing out, making, maintaining and repairing sewers and 
drains, and may make contracts for the purposes afore- 
said, which contracts shall be the contracts of the city, 
provided the liability of the city thereunder shall not 
exceed the appropriation of the city council therefor. 
Whenever said drainage board shall adjudge that a sewer 
or drain, or an appurtenance of any sewer or drain, in any 
public street, open travelled place, or in or over any land 
in said city is necessary for the public convenience or the 
public health, it shall prepare an estimate of the probable 
cost thereof. Such estimate, with an accompanying order 
for laying or constructing such sewer, drain or appurte- 
nances, shall be submitted to the city council for its adop- 
tion or rejection, and shall not take effect until said city 
council shall concur therein. 

Section 3. The city engineer for the time being shall 
be the clerk of said board, and shall make and keep a 
record of its doings and certify the same when necessary. 
He shall also make or cause to be made all plans and sur- 
veys required for the use of said board. Said engineer or 
some person appointed in writing therefor by said board 
may serve, by attested copy, all demands, notices and 
citations necessary for the work to be done by the board, 
and the returns of service of either of them thereon shall 



1891. — Chapter 339. 901 

be prima facie evidence of such service ; but this provision 
shall not exclude the service thereof by other parties. 

Section 4. Said drainage board shall have power to Board may 

,,, . ,. r^.i j>ii- ^ make by-laws as 

make by-laws in reierence to the use ot public sewers and to use of sewers, 
drains in said city, which shall be subject to the approval applovhiof' ihe 
of the city council, and shall have control of all sewers and '^'^^' council. 
drains in said city heretofore laid and constructed, and 
shall, subject to the approval of said city council, deter- 
mine the conditions upon which private drains and sewers 
may be constructed, or connected with public drains or 
sewers. 

Sectiox 5. All acts and parts of acts and all provi- Repeal, 
sions of the charter of the city of Lynn inconsistent here- 
with are herel)y repealed. 

Section 6. This act shall take effect on the first day of Juiy^'J'^^lff^' 
July in the j'ear eighteen hundred and ninety-one, pro- ifp'eviousiy 
vided it has been previously accepted by the city council 
of said city. Approved May 16, 1891. 



An Act relating to the giving of bonds without sureties 
by trustees. 



(7Aap.339 



Be it enacted, etc., as follows: 

Section sixteen of chapter one hundred and forty-one of ^-^-I'^V^^^' 

. , '■ ... amended. 

the Pul)l]c Statutes is hereby amended by striking out, in 
the sixth line of said section, the word "being", and 
inserting in place thereof the words : — who are, — and by 
inserting after the word "capacity", in said sixth line, 
the words : — other than creditors, — and by inserting 
after the word " exemption ", in said sixth line, the w^ords : 
— but not until the guardian of any minor interested 
therein and such other persons as the court shall direct, 
have been notified and have had opportunity to show cause 
against the same, — so as to read as follows : — Section 16. Bonds without 

<o ' ^ sureties bv 

A trustee under a will shall, except as provided in the trustees. 
following section, be exempt from giving a surety or sure- 
ties on his bond, when the testator has ordered or requested 
such exemption, or that no bond should be required, and 
any trustee shall, except as aforesaid, be so exempt when 
all the persons beneficially interested in the trust, who are 
of full age and legal capacity, other than creditors, request 
such exemi)tion ; but not until the guardian of any minor 
interested therein and such other persons as the court 
shall direct, have been notified and have had opportunity 



902 



1891. — Chapters 340, 311. 



to show cause against the same ; but a trustee shall in all 
cases give his own personal bond. 

Approved May 16, 1891. 



CJlClT) 310 -^^ ^^^ RELATING TO THE CUSTODY OF CITY AND TOWN RECORDS 

AND OFFICIAL PAPERS. 



Records, etc., 
of city or town 
office, except of 
collector of 
taxes, to be 
delivered to 
successor in 
office upon 
demand. 



When a member 
of a board is 
succeeded in 
office, demand 
to be made by 
chairman of 
board of which 
successor is a 
member. 



Demand to be 
made upon 
admiuistrator, 
etc., in case of 
death. 



Be it enacted, etc., as folloivs : 

Section 1. When one person succeeds another in a 
city or town office, except in the office of collector of 
taxes, the incoming officer shall, immediately after enter- 
ing upon the duties of his office, demand of his predeces- 
sor all the records, books, papers and other property in 
his possession or under his control belonging to such 
office, and the outgoing officer upon such demand shall 
deliver up the same to his successor, and at the time of 
such delivery shall make oath that he has delivered up all 
records, books, papers and other property in his posses- 
sion or under his control belonging to such office, which 
oath may be administered by the incoming officer. 

Section 2. When any person who is a member of a 
board of city or town officers is succeeded in a city or 
town office, the demand for the records, books, papers 
and other property in his possession or under his control 
shall be made by the chairman of the board of which his 
successor is a member, and the delivery of the same shall 
be made under oath as provided in section one of this act, 
to said chairman ; and said chairman may administer said 
oath. 

Section 3. AVhen the person upon whom a demand is 
required to be made by the preceding sections of this act 
is deceased, the demand shall be made upon, and the 
delivery under oath as 'aforesaid shall be made by, the 
executor or administrator of such person. 

Approved May 16, 1891. 



Chap 



Foreign corpo- 
rations to tile 
certilicate of 
condition in 
office of the 
secretary of the 
Commonwealth. 



04.1 An Act concerning foreign corporations having a usual 
place of business in this commonwealth. 

Be it enacted, etc., as follows: 

Section 1, All corporations chartered or organized 
under the laws of another state or country and having a 
usual place of business in this Commonwealth, shall 
annually in the month of March make and file in the office 
of the secretary of the Commonv/ealth a certificate, signed 



1891. — Chapter 341. 903 

and sworn to by its president, treasurer, and at least a 
majority of its directors, stating the amount of its capital 
stock as it then stands fixed by the corporation, the amount 
then paid up, and the assets and liabilities of the corpora- 
tion, in such form as the commissioner of corporations 
shall require or approve. This section shall not apply to Not to apply to 

• T -, . . • -, L' a1 • certain corpora- 

railroad companies, nor to mming and manuracturing tious. 
companies actually conducting their mining and manufact- 
uring operations wholly without the Commonwealth, nor 
to those foreign corporations which are required to make 
annual returns to other officers of the Commonwealth than 
the commissioner of corporations. 

Section 2. Every such corporation which omits to file Penalty for not 
such annual statement shall forfeit two hundred dollars, to '"^'^^ 
be recovered by action of tort brought in the name of the 
Commonwealth in the county of Suffolk ; and its president, 
treasurer and directors for the time being shall, in addi- 
tion, be jointly liable in a like sum for such omission or 
neglect ; all sums forfeited by a corporation as aforesaid 
may also be collected by information in equity brought in 
the supreme judicial court in the name of the attorney- 
general at the relation of the commissioner of corporations ; 
and upon such information the court may issue an injunc- 
tion restraining the further prosecution of the business of 
the corporation named therein until the sums so forfeited 
are paid with interest and costs, and until the returns 
required by this act are made. 

Section 3. Every such corporation, upon an increase to me certm- 
of its capital stock, shall, within thirty days after the pay- thiny'day'" of 
ment or collection thereof, file a certificate of the amount jautock"^"'*^'' 
of such increase and the fact of such payment, signed and 
sworn to by its president, treasurer and at least a majority 
of its directors, in the office of the secretary of the Com- 
monwealth. 

Section 4. Every such corporation shall, within thirty Tome copy of 
days after the reduction of its capital stock is voted, file in capUa*! sTocLT 
the office of the secretary of the Commonwealth a copy, days'." '*^"^'^ 
signed and sworn to by its clerk, of the vote or votes 
authorizing such reduction. 

Section 5. Every certificate required to be filed by certificates, 
this act shall, before filing, be submitted to the commis- oFcomm'ilsio'ljer 
sioner of corporations, who shall examine the same, and to beTnJorsed^' 
if it appears to him to be a sufficient compliance with the ^y ^'™- 
requirements of this act he shall certify his approval 
thereof by endorsement upon the same. 



904 



1891. — Chapters 342, 343, 344. 



Fees for filing SECTION G. The fee to be paid by the corporation for 

certificates. t. • -, ■, ^ • in 

tiling the certiticate ot condition required by this act shall 
be five dollars, and for each of the other certificates, one 
dollar. Approved May 16, 1891. 

ChCl'P.34:2l ^^ -^^"^ KELATING TO CLERICAL ASSISTANCE IN THE OFFICE OF 
THE TAX COMMISSIONER AND COMMISSIONER OF CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. The tax commissioner and commissioner 
of corporations may employ in his office such additional 
clerks and other assistance as may be necessary for the 
despatch of public business, at an expense not exceeding 
sixteen thousand dollars a year. 

Section 2. So much of section two of chapter three 
hundred and forty-two of the acts of the year eighteen 
hundred and eighty-seven as is inconsistent herewith is 
hereby repealed. 

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

Ajpproved May 16, 1S91. 



May employ 
additional 
clerks, etc. 



Repeal. 



CJlCLV 343 ^'^ ^^^ '^^ PREVENT FALSE REPRESENTATIONS TO OVERSEERS OF 
THE POOR AND THE STATE BOARD OF LUNACY AND CHARITY. 

Be it enacted, etc., asfolloivs: 

AVhoever knowingly and wilfully shall make in writing 
any false representation to the overseers of the poor of a 
city or town, or to their agent, or to the state board of 
lunacy and charity or any of its agents, for the purpose 
of causing any person to be supported in whole or in part 
as a pauper b}^ any city or town or by the Commonwealth, 
shall be punished by fine not exceeding two hundred dol- 
lars or by imprisonment in the house of correction not 
exceeding one year. Ap2)roved May 16, 1891. 



Penalty for 
roaking false 
representations 
to overseers of 
poor, etc. 



Cliap 



City may con- 
struct a sea wall 
and extend the 
Charles river 
embankment. 



Q/i^ An Act to authorize the city of boston to construct a sea 

WALL and extend THE CHARLES RIVER EMBANKMENT. 

Be it enacted, etc., asfolloivs: 

Section 1. The city of Boston may, by its board of 
park commissioners, build a sea wall on the Boston side 
of the Charles river from the sea w^all of its present park, 
situated between Craigie's bridge and AVest Boston bridge, 
to the sea wall of said river in the rear of Beacon street 
in said city, on or within the following lines : Beginning 
at a point in the southwest corner of the stone w^all of the 



1891. — Chapter 344. 905 

Charles river embankment, or Charlesbank, thence run- 
ning southerly by a straight line to a point in Charles river 
three hundred feet distant westerly from the harbor com- 
missioners' line, measuring on a line perpendicular to the 
said commissioners' line at its intersection with the south- 
erly line of Mount Vernon street ; thence continuing 
southerly and westerly from the aforesaid perpendicular 
line, on such lines curved southerly and westerly from 
the aforesaid straight line, as said board of harbor and land 
commissioners shall approve. 

Section 2. The said city, by said park commissioners, May mi in 
shall fill in the grounds enclosed by said sea wall and use fhrsamV^or T^ 
the same for the purposes of a public park, in accordance pui^'>« pai^^- 
with the provisions of chapter one hundred and eighty-five 
of the acts of the year eighteen hundred and seventy-five, 
and may grant the right to use, and the persons to whom 
such rights may be granted may use, portions of said 
grounds for boat or bath houses. 

Section 3. The lines of the sea wall aforesaid shall Lines of the sea 
constitute the harbor lines, beyond which no wharf, pier harbor unes. 
or other structure shall be extended into or over the tide- 
water of said basin, excepting such bath houses, boat 
houses and landing places as the said board of park com- 
missioners shall build or permit to be built, with the 
approval of the said board of harbor and land commis- 
sioners ; and when the city of Boston shall have built the 
said sea wall and filled in the said grounds as a park, as 
aforesaid, and so long as the same shall be used as a public 
park, the Commonwealth will not authorize or permit any 
person or corporation to construct any extensions or erec- 
tions from or contiguous to the water line of said park, 
except with the consent of said park commissioners. 

Section 4. Said city may take any land or water rights May take lands 
and any flats or lands covered by tide-water, between the "°'^'^**^- 
present harbor commissioners' line and the line on which 
the said wall is hereby authorized to be built, necessary 
for the purposes aforesaid, and the damao^es incurred Damages to be 

^ ^ . . ~ paid by the city. 

thereby shall be paid by the city of Boston : provided, 
however, that said city shall not be liable to pay any other 
damages than the Commonwealth itself would be legally 
liable to pay. 

Section 5. Any person whose lands, flats or rights are Rights and 
taken under authority of this act shall have the same rights [aklngTandVfV 
and remedies in obtaining damages for such taking as per- ii'gi>w»y8- 



906 1891. — Chapter 315. 

sons injured by the taking of their kinds for highways in 
said city, except as above provided. 

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

Apj)roved May 20, 1891. 

Ch(ip.S4:5 -^N Act relating to the water supply of the town of 

BRAINTREE. 

Be it enacted, etc., as folloios: 
Town may issue SECTION 1. The towu of Braintrce is hereby authorized 

Donas, etc., not _ , • i i 

exceeding and empowered to issue from time to time bonds, notes or 

$50,000 to com- . ^ t • aU a xiiv 

piete purchase scrip to an amouut not exceeding in the aggregate liity 
of^water works, ^}^Qjjgj^jj(^ dollars ; Said bonds, notes and scrip to be issued 
in accordance with the provisions of sections eleven and 
twelve of chapter two hundred and sixty-nine of the acts 
of the year eighteen hundred and eighty-six, and for the 
purpose of enabling said town to complete the purchase of 
the w^ater works of the Braintree Water Supply Company 
as therein provided for, to settle any liabilities resulting 
therefrom or connected therewith and for making such 
additions to said works as may be deemed expedient to be 
made, and to be in addition to the several amounts of 
bonds, notes or scrip authorized to be issued by said town 
by said chapter two hundred and sixty-nine, and by chapter 
two hundred and seventeen of the acts of the year eighteen 
hundred and eighty-five. 
Mayappiy^ SECTION 2. The Said towu of Braintree is hereby 

sale of bonds authorized and empowered to use, appropriate and apply 
issifed to pay- any iiioncy received by it from the proceeds of the sale of 
iScurr°ed!'et*c!'*^ bouds, uotcs or scrip heretofore issued by it under the pro- 
visions of said chapter two hundred and seventeen, to the 
payment of any liability incurred under said last named 
act, and any costs or expenses connected with or growing 
out of such liability, as well as to the payment of any lia- 
bility, costs and expenses incurred under the provisions of 
said chapter two hundred and sixty-nine, and for such 
extension of its water works as it may find necessary or 
expedient. Any appropriations of said money heretofore 
made by said town not inconsistent with the provisions of 
this act are hereby ratified and confirmed. 
May take con- SECTION 3. The Said towu of Braintree is hereby 
Tand^.'^efc? authorized and empowered to take conveyances of certain 
lands, rights and easements on, upon and over certain 
other lands lying and being on the borders of and near to 
Little pond, so called, in said Braintree, and to hold and 



1891. — Chapter 346. 907 

enjo}^ the same to its own use and to the use of its assigns ; 
also conveyances or transfers of any and all right in and 
to the waters of said Little pond by whomsoever held, as 
provided by the terms of the award of the commissioners 
appointed under the provisions of said chapter two hun- 
dred and sixty-nine. And the said town is further author- May take waters 
ized to take, have and hold, and use the waters of said ° i epon . 
Little pond for the extinguishment of fires and for domes- 
tic or other purposes. 

Section 4. The town shall pay all damages sustained DamageB. 
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 corpora- 
tion, 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 application shall be 
made after the expiration of said three years. No appli- fa^n^ige^gnotuf 
cation for assessment of damao;es shall be made for the bemadeuntu 

,,. „ , i.-i?r •• xlj- water 18 actually 

takmg ot any water, water right, or tor any injury thereto, withdrawn. 
until the water is actually withdrawn or diverted by said 
town under the authority of this act. 

Section 5. All the duties, rights, obligations and lia- Board of water 
bilities conferred on the water commissioners of said town 
of Braintree under the provisions of the aforesaid chapters 
two hundred and seventeen and two hundred and sixty- 
nine shall vest in and attach to and be performed by one 
body ; and from and after the passage of this act one of 
said commissioners shall be elected annually as provided 
in section fifteen of said chapter two hundred and sixty- 
nine. 

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

Appi'oved May 20, 1S91. 



commissioners. 



ChapMQ 



An Act to incorporate the somerville trust company. 
Be it enacted, etc., as follows: 

Section 1. Edward Glines, L. Eoger Wentworth, |°rt company, 
Frederic W. Stone, Joseph O. Hayden, J. Frank Well- incorporated. 
ington, Reuben P. Benton, William E. Whitney, George 



908 



1891. — Chapter 347. 



TrusTcompany. W. Suow, Allen F. Carpenter, Walter C. Meutzer, their 
associates and successors, are hereby made a corporation 
by the name of .the Somerville Trust Company, with 
authority to establish and maintain a safe deposit and 
trust company in the city of Somerville ; 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 corpora- 
tions. 

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

[The foregoing was laid before the Governor on the fourteenth 
day of May, 1S91, and after five days it had the ^^ force of a laic," 
as jyi'escribed by the constitution, as it teas not returned by him 
ivith his objections loithin that time.'] 



Chap 



Appropriations. 



Land for the 
state prison. 



Treasurer and 
receiver- 
general. 



State military 
and naval 
historian. 



School superin- 
tendents. 



Qj^y An Act making appropriations for the Massachusetts state 

firemen's association, for the CARNEY HOSPITAL AND FOR 
CERTAIN OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc. , as folloivs : 

Section 1 . The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, in aid of the Massachu- 
setts state firemen's association, the Carney hospital, and 
for certain other expenses provided for by acts and resolves 
of the present year, to wit : — 

For the payment of expenses in connection with the 
purchase or taking of additional land for the state prison 
at Boston, a sum not exceeding ten thousand dollars, as 
authorized by chapter two hundred and fifteen of the acts 
of the present year. 

For clerical assistance in the office of the treasurer and 
receiver-general, in the care and custody of deposits made 
with him in trust, a sum not exceeding twenty-five hun- 
dred dollars, as authorized by chapter two hundred and 
thirty-three of the acts of the present 3'^ear. 

For clerical assistance and other necessary expenses of 
the state military and naval historian, a sum not exceed- 
ing one thousand dollars, as authorized by chapter two 
hundred and thirty-five of the acts of the present year, 
being in addition to the five hundred dollars appropriated 
by chapter two of the acts of the present year. 

For aiding small towns to provide themselves with school 
superintendents, a sum not exceeding eight thousand dol- 
lars, as authorized by chapter two hundred and seventy- 



1891. — Chapter 317. 909 

two of the acts of the present year, being in addition to 
the twenty-seven thousand dollars appropriated by chapter 
four of the acts of the present year. 

For the Massachusetts state firemen's association, the Maseachusetts 
sum often thousand dollars, as authorized by chapter two also^ciatiM." ^ 
hundred and seventy-four of the acts of the present year. 

To enable the state board of agriculture to collect and agj^cuk^ij'r'e^ °* 
circulate information relating to abandoned farms, a sum 
not exceeding two thousand dollars, as authorized by chap- 
ter two hundred and eighty of the acts of the present 
year. 

For an assistant cleric in the otEce of the secretary of pJr®'"'^°board^ 
the state board of agriculture, the sum of one thousand 
dollars, as authorized by chapter three hundred of the acts 
of the present year. 

For the salaries of the two female inspectors in the Female iuBpect- 
inspection department of the district police, provided for poHce.'^"'^"''* 
by chapter three hundred and two of the acts of the pres- 
ent year, a sum not exceeding thirteen hundred dollars, 
and for the travelling expenses of the said inspectors, a 
sum not exceeding seven hundred dollars. 

For the salary of the register of probate and insolvency Register of pro- 
for Middlesex county, a- sum not exceeding two hundred ven'cy'for °*° " 
dollars, as authorized by chapter three hundred and eight- lomt^-^^ 
een of the acts of the present year, being in addition to 
the two thousand dollars appropriated by chapter three of 
the acts of the present year. 

For the salary of the assistant register of probate and Assistant legis- 
insolvency for Middlesex county, a sum not exceeding two 
hundred dollars, as authorized by chapter three hundred 
and eighteen of the acts of the present year, being in addi- 
tion to the eighteen hundred dollars appropriated by chap- 
ter three of the acts of the present year. 

For expenses in connection with the inspection of milk, f,°i^^® fo°^ °ud 
food and drugs, a sum not exceeding fifteen hundred dol- diugs. 
lars, as authorized by chapter three hundred and nineteen 
of the acts of the present year, being in addition to the 
ten thousand dollars appropriated by chapter four of the 
acts of the present year. 

For the erection of memorial tablets on the battlefield Battlefield of 

Gettysburg. 

of Gettysl)urg, the sum of four hundred dollars, as author- 
ized by chapter sixty-two of the resolves of the present 
year. 

For furnishino; the new cottajje and for additional hospi- J^yman school 

o o L for boys. 

tal accommodations at the Lyman school for boys, a sum 



910 



1891. — Chapter 347. 



Eye and ear 
infirmary. 



Carney hospital. 



State farm at 
Bridgewater. 



Report of 
pension agent. 



Boundary line 
between Massa- 
chuseits and 
New Hamp- 
shire. 



Designating 
trees for 
preservation. 



Armory at 
Fitchbuig. 



Lunatic hospilal 
at Northamp- 
ton. 



Battlefield of 
Gettysburg. 



State normal 
school at Salem. 



Statue of 

Charles 

Devens. 



not exceeding four thousand dollars, as authorized by 
chapter sixty-three of the resolves of the present year. 

For the Massachusetts charitable eye and ear infirmary, 
a sum not exceeding thirty-five thousand dollars, as author- 
ized by chapter sixty-four of the resolves of the present 
year. 

For the managers of Carney hospital, a corporation in 
the city of Boston, the sum of ten thousand dollars, as 
authorized by chapter sixty-seven of the resolves of the 
present year. 

For certain improvements and repairs at the state farm 
at Bridgewater, a sum not exceeding twenty thousand dol- 
lars, as authorized by chapter sixty-eight of the resolves 
of the present year. 

For printing the third annual report of the state 
pension agent, a sum not exceeding thirty dollars, as 
authorized by chapter sixty-nine of the resolves of the 
present year. 

For expenses and for the erection of monuments in 
connection with the establishment of the boundary line 
between Massachusetts and New Hampshire, a sum not 
exceeding five thousand dollars, as authorized by chapter 
seventy of the resolves of the present year. 

For nails or spikes for designating certain trees on 
highways for preservation, a sum not exceeding one hun- 
dred dollars, as authorized l)y chapter seventy-two of the 
resolves of the present year. 

For furnishing the new armory in Fitchburg, a sum not 
exceeding two thousand dollars, as authorized by chapter 
seventy-three of the resolves of the present year. 

For the enlargement of the state lunatic hospital 
at Northampton, a sum not exceeding thirty thousand 
dollars, as authorized by chapter seventy-four of the 
resolves of the present year. 

For the erection of a bronze tablet on the battlefield at 
Gettysburg, a sum not exceeding five hundred dollars, as 
authorized by chapter seventy-six of the resolves of the 
present year. 

For heating and ventilation at the state normal school 
at Salem, a sum not exceeding fifteen hundred dollars, as 
authorized by chapter seventy-seven of the resolves of 
the present 3'ear. 

For the erection of a statue of the late Charles Devens, 
a sura not exceeding fifteen thousand dollars, as author- 



1891. — Chapter 348. 911 

ized ])j chapter eighty-one of the resolves of the present 
year. 

For the better enforcement of the law regulating the Practice of 
practice of pharmacy, a sum not exceeding five hundred ^ '^™^''y- 
dollars, as authorized by chapter eighty-two of the 
resolves of the present year. 

' For Simon E. Young, the sum of two hundred dollars, simonE. 
as authorized by chapter eighty-three of the resolves of °""^' 
the present year. 

For Lemuel Burr, the sum of one hundred and fifty Lemuel Burr. 
dollars, as authorized by chapter eighty- four of the 
resolves of the present year. 

For certain repairs and improvements at the state state primary 
primary school at Monson, a sum not exceeding twenty- Bon?° ^ 
six hundred dollars, as authorized by chapter eighty-five 
of the resolves of the present year. 

For the payment of supervisors who served at the state supervisors of 
election in the city of Boston in the year eighteen hundred ^^^''*^'°"- 
and eighty-nine, a sum not exceeding three thousand 
dollars, as authorized by chapter eighty-six of the 
resolves of the present year. 

To provide additional facilities and improvements at the state normal 
state normal school at Bridgewater, a sum not exceeding Bridgewater. 
fifteen thousand and thirty dollars, as authorized by chap- 
ter eighty-seven of the resolves of the present year. 

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

Approved May 21, 1891. 



ChapMS 



An Act relating to the water supply of the city of 

haverhill. 

Be it enacted, etc., as folloivs: 

Section 1. If the city of Haverhill shall hereafter water supply 
purchase or take the franchises, rights and property of 
the Hav^erhill Aqueduct Company, under chapter seventy- 
three of the acts of the year eighteen hundred and sixty- 
seven and chapter two hundred and fifty-four of the acts 
of the year eighteen hundred and eighty-four, it shall 
thereupon have the sole, exclusive and perpetual right to 
hold the waters of Round [)()nd, Plug pond, Kenoza lake 
and Crystal lake, great ponds within said city of Haver- 
hill, as a source of water supply, with full power and 
authority to convey the water of said ponds through said 
city for the use of said city and the inhabitants thereof, 
for the extinguishment of fires and for domestic and other 



912 



1891. — Chapter 348. 



May erect dams, 
fixtures, etc. 



May dig up 
streets or ways. 



A description 
of land, etc., 
taken to be 
recorded in 
registry of 
deeds. 



Payment of 
damages. 



purposes, with full power and authority to take and hold 
by purchase or otherwise the waters of any other pond, 
lake, stream or spring within said city, and any lands, 
water rights, rights of way and easements necessary for 
laying, constructing and maintaining aqueducts, water- 
courses, reservoirs, storage basins, dams and such other 
works as may be deemed necessary for purifying the 
sources of its water supply and for collecting, purifying, 
raising, storing, retaining, discharging, conducting and 
distributing said waters ; and with full power and author- 
ity to construct aqueducts and maintain dams, reservoirs, 
storage basins and other proper works ; to erect buildings 
and machinery ; to make and establish such public foun- 
tains and hydrants as may from time to time be deemed 
proper, and to change or discontinue the same ; to regu- 
late the use of water and to establish the rates to be paid 
therefor, and collect the same by process of law ; and 
with full power and authority for the purposes aforesaid 
to carry any pipe, drain or aqueduct over or under any 
river, water-course, street, railroad, public way, highway 
or other way in such manner as not unnecessarily to 
obstruct the same ; to enter upon and dig up such road, 
street or way for the purpose of laying down, maintaining 
or repairing any pipe, drain or aqueduct; and to do any 
other thing necessary or convenient in executing the pur- 
poses of this act. 

Section 2. The city shall, within sixty days after tak- 
ing any lands, water rights, rights of way or easements as 
aforesaid, otherwise than by purchase, file and cause to be 
recorded in the registry of deeds for the county and dis- 
trict in which such land or other property is situated a 
description thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same was 
taken, which statement shall be signed by the water com- 
missioners hereinafter provided for. 

Section 3. The city shall pay all damages sustained 
by any person or corporation in property by the taking of 
any land, water, water right, easement or other property, 
or by any other thing done by the city under the author- 
ity of this act. Any person or corporation sustaining dam- 
ages as aforesaid, who fails to agree with the 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 



1891. — Chapter 348. 913 

application at any time within the period of three years 
from the taking of such land or other property or the doing 
of other injury under the authority of this act ; but no such 
application shall be made after the expiration of said three 
years. No application for assessment of damages for the No application 

■;,. {• 1 1 • ^ 1 f • • for damages 

takuig ot any water or water rights, or tor any injury to be made 

thereto, shall be made until the water is actually withdrawn dh^ertld!^"^ '^ 

or diverted by the city under the authority of this act ; 

and any person or corporation whose water rights may be 

thus taken or affected may make his application aforesaid 

at any time within three years from the time when the 

water shall be so withdrawn or diverted. 

Section 4. The two preceding sections shall not apply Not applicable 
to the purchase or taking of the franchise, rights and prop- franchise, etc., 
erty of the Haverhill Aqueduct Company under chapter Ique^duct com- 
seventy-three of the acts of the year eighteen hundred and p^"^- 
sixty-seven, chapter sixty-one of the acts of the year eight- 
een hundred and sixty-nine and chapter two hundred and 
fifty-four of the acts of the year eighteen hundred and 
eighty-four. Section three of chapter twenty-eight of the 
Public Statutes shall not apply to proceedings under this 
act. 

Section 5. The powers and duties granted to and im- water com- 
posed upon the city of Haverhill by this act, and the con- ™Dpointment, 
trol and management of the franchise, rights and property duties? """^ 
of the Haverhill Aqueduct Company, in case the-same are 
purchased or taken by the city under the acts aforesaid, 
shall be exercised by a board of water commissioners, con- 
sisting of five residents of the city to be appointed by the 
mayor with the approval of the city council. Said com- Terms of office. 
missioners shall be appointed and hold their ofiice for the 
terms of one, two, three, four and five years, respectively, 
from the first Monday of May next following their appoint- 
ment ; and thereafter one commissioner shall be appointed 
each year for the term of five years from the first Monday 
of May. All such commissioners, except in case of re- 
moval, shall hold office until their successors are appointed 
in their stead. Vacancies occurring during the term may vacancies. 
be filled for the remainder of the term. No person shall 
be appointed commissioner who holds at the time any city 
office by popular election. Any commissioner, after due 
notice and hearing, may be removed at any time by a two 
thirds vote of each branch of the city council, for any 
cause which shall be deemed suflScient and shall be ex- 



914 1891. — Chapter 318. 

Compensation. pressGcl ill the vote of reiiioval. The commissioners shall 
receive no compensation for their services unless the city 
council by a two thirds vote of each branch thereof other- 
wise determine, and in such case the amount of compensa- 
tion may be fixed by a like two thirds vote. 
Haverhill Water SECTION 6. The city, for the purpose of paying the 
necessary expenses and liabilities incurred under the pro- 
visions of this act, may issue from time to time bonds, 
notes or scrip to an amount sufficient for such purposes ; 
and in case the city purchases or takes the franchise, rights 
and property of the Haverhill Aqueduct Company under 
the acts aforesaid, it may issue bonds and notes or scrip 
to the amount required to be paid to the company there- 
for, together with all expenses incidental to such purchase 
or taking and for any extension, improvement or addition 
to the works of said company, not exceeding two hundred 
and fifty thousand dollars beyond the amount to be paid 
to said company. Such bonds, notes or scrip shall bear 
on their face the words Haverhill 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 four per cent, per 
annum ; shall be signed by the treasurer of the city of 
Haverhill and be countersigned by the water commis- 
Mayseii sioucrs. The city may sell such securities at public or 

pledgeThe*"^ privatc sale or pledge the same for money borrowed for 
boTrowIcT""^^ t^^ purposes of this act upon such terms and conditions as 
it may deem proper, provided that such securities shall 
not be sold nor pledged for less than the par value thereof. 
Water rents to SECTION 7. The watcr Commissioners shall fix such 

produce a sur- . ^ i f , i 1 1 i 

plus, etc. prices or rents tor the use ot water as shall produce annu- 

ally, as near as may be, a net surplus equal to two per 
cent, of the total amount of the bonds, notes and scrip 
issued under this act, after paying all current expenses of 
operating the water works and interest upon loans, and 
after the payment of all expenses for new construction 
not exceeding ten thousand dollars in any one year. The 

Sinking fund, commissioncrs of sinking funds of the city of Haverhill 
shall be trustees of a sinking fund which shall be set apart 
for the payment and redemption of said waiter loan, and 
which shall remain inviolate and pledged to the payment 
of said loan and shall be used for no other purpose. The 

Burpiustobe nct surplus aforcsaid shall be paid into the sinking fund, 

^i^inosm ing ^^^ .^ ^^.^ sui'plus docs not cqual two per cent, of the 



.. 1891. — Chapter 348. 915 

total amount of the bonds, notes and scrip issued under 
this act, the city shall raise by general taxation a sum 
which with the surplus shall equal said two per cent, and 
shall contribute said sum to the sinking fund. The eom- Report of sink- 
missioners shall annually, and as often as the city council comm?B8ioners. 
may require, render an account of all their doings in rela- 
tion to the sinking fund, and shall be governed by the pro- 
visions of section eleven of chapter twenty-nine of the 
Public Statutes, except as herein otherwise provided. 

Section 8. If any person shall use any water taken penalty for 
under this act, or under chapter seventy-three of the acts con"LT,"wii°' 
of the year eighteen hundred sixty-seven and chapter two o"'diverting°^ 
hundred and fifty-foiir of the acts of the year eighteen water, etc. 
hundred eighty-four, without the consent of said city, or 
shall wantonly or maliciously divert the w^ater or any part 
thereof taken or held by said city pursuant to the provi- 
sions of this act or of said chapters, or corrupt the same, 
or render it impure, or destroy or injure any dam, aque- 
duct, pipe, conduit, hydrant, machinery or other works 
or property held, owned or used by said city under the 
authority of and for the purposes of this act, or under the 
authority of said chapters, he shall forfeit and pay to said 
city three times the amount of damage assessed therefor, 
to be recovered in an action of tort, and on conviction of 
either of the wanton or malicious acts aforesaid shall be 
also punished l)y fine not exceeding three hundred dol- 
lars or by imprisonment in the house of correction for 
not less than three nor more than twelve months. 

Section 9. The occupant of any tenement shall be occupant of 
liable for the payment of the rent for the use of water in forp™yment^df 
such tenement, and the owner shall also be liable, in case '«''»'er rent. 
of non-payment by the occupant, for all sums due for the 
use of water under this act, to be collected in an action 
of contract in the name of the city of Haverhill. 

Section 10. This act shall not be construed to lessen. How act is to be 
impair, enlarge or aftect the franchises, rights or property '^°°^''"® 
heretofore lawfully granted to or acquired by the Haver- 
hill Aqueduct Company, nor to lessen, impair or affect 
the right or power of the city of Haverhill to purchase 
or otherwise take the franchises, rights and property of 
the Haverhill Aqueduct Company under the provisions of 
any existing law whatever. And this act shall become To be void 
void if the city of Haverhill shall not purchase or other- etc.!^of''ii°i'\^e'r'.^' 
wise take the franchises, rights and property of the colupany^"*^' 
Haverhill Aqueduct Company under the provisions of '*'^^''^">^'"=- 



916 



1891. — Chapter 349. 



Subject to 
acceptance by 
city council. 



chapter seveDty-three of the acts of the year eighteen 
hundred and sixty-seven or chapter two hundred and 
fifty-four of the acts of the year eighteen hundred and 
eighty-four, and nothing herein contained shall be con- 
strued to authorize the city of Haverhill to construct or 
maintain an aqueduct or water works, or to supply said 
city or its inhabitants with water, or to purchase or take 
water, lands or easements for aqueduct purposes, unless 
it shall have first taken or purchased the franchises, rights 
and property of the Haverhill Aqueduct Company under 
the provisions of said chapters. 

Section 11. This act shall take eftect upon its accept- 
ance by the city council of the city of Haverhill. 

Approved May 21, 1891. 



Chap 



p. S. 205, § 9 
amended. 



Penalty for 
bribing, etc., 
certain public 
officers. 



P. 8. 205, § 10, 
amended. 



.349 ^^ -^^"^ RELATIVE TO THE BRIBERY OF CERTAIN PUBLIC OFFICERS. 

Be it enacted, etc., as follows : 

Section 1. Section nine of chapter two hundred and 
five of the Public Statutes is hereby amended by inserting 
after the word "legislative", in the second line, the 
words: — county, municipal, — and in the seventh line, 
by inserting after the words "official capacity", the 
words : — or as a consideration for any speech, work or 
service in connection therewith, — so as to read as fol- 
lows : — Section 9. Whoever corruptly gives, offers, or 
promises to any executive, legislative, county, municipal, 
or judicial ofiicer, after his election or appointment, either 
before or after he is qualified or has taken his seat, any 
gift or gratuity whatever, with intent to influence his act, 
vote, opinion, decision, or judgment on any matter, ques- 
tion, cause, or proceeding, which may be then pending, or 
may by law come or be brought before him in his official 
capacity, or as a consideration for any speech, work or 
service in connection therewith, shall be punished by 
imprisonment in the state prison not exceeding five years, 
or by fine not exceeding three thousand dollars and im- 
prisonment in the jail not exceeding one year. 

Section 2. Section ten of said chapter is hereby 
amended by inserting, in the first line, after the word 
" legislative ", the words : — county, municipal, — and by 
inserting, in the second line, after the word "accepts", 
the words: — or requests, — and by inserting, in the 
seventh line, after the word "capacity", where it first 
occurs in said line, the words : — or as a consideration for 



1891. — Chaptees 350, 351. 917 

any speech, work or service in connection therewith, — so 
as to read as follows: — Section 10. Every executive. Penalty for 
legislative, county, municipal, or judicial officer who cor- ?eque8Ung°a 
ruptly accepts or requests a gift or gratuity or a promise ^"''®" 
to make a gift or to do an act beneficial to such officer, 
under an acrreement or with an understandins: that his vote, 
opinion, or judgment shall be given in any particular man- 
ner, or upon a particular side of any question, cause, or 
proceeding, which is or may be by law brought before him 
in his official capacity, or as a consideration for any speech, 
work or service in connection therewith, or that in such 
capacity he shall make any particular nomination or 
appointment, shall forfeit his office, be forever disqualified 
to hold any public office, trust, or appointment under the 
constitution or laws of this state, and be punished by 
imprisonment in the state prison not exceeding ten years, 
or by fine not exceeding five thousand dollars and imprison- 
ment in the jail not exceeding two years. 

Approved May 21, 1891. 

An Act constituting nine houks a day's work for county njirtj) QfjQ 

EMPLOYEES. ^ ' 

Be it enacted, etc., as folloios: 

Section 1. Section one of chapter three hundred and isoo, 375 §i, 

. n ^ /■! •! 1111 amended. 

seventy-five or the acts or the year eighteen hundred and 
ninety is hereby amended by inserting before the word 
" cit}' ", in the fourth line thereof, the word : — county, — 
so as to read as follows: — Section 1. Nine hours shall Nine hours to 

11 1 r> 11 1 1 1 1 constitute a 

constitute a days work tor all laborers, workmen and day's work for 
mechanics now employed or who may be employed by or Xte°county, 
on behalf of the Commonwealth of Massachusetts or any '="y'^*°^^'"- 
county, city or town therein ; and all acts and part of acts 
inconsistent with this act are hereby repealed. 

Section 2. This act shall take effect on the first day to take effect 
of January in the year eighteen hundred and ninety-two. •'^^°- ^> i^^-- 

Approved May 21, 1891. 

An Act relating to the board of gas and electric light ni^fij^ Q5I 

COMMISSIONERS. ^ * 

Be it enacted, etc., as follows: 

Section 1. The board of gas and electric light commis- May expend not 
sioners may expend a sum not exceeding two thousand ^o^ooo'annuaiiy. 
dollar's annually, in i)rocuring books, statistics and sta- 
tionery and in defraying expenses incidental and necessary 



918 



1891. — Chapter 352. 



to the discharge of their duties, and a sura not exceeding 
two thousand live hundred dollars in defraying the compen- 
sation and expenses of their clerk and for clerical assist- 
ance ; and the same shall be assessed and recovered as 
now provided by law : provided, hoicevei', that their clerk 
shall not receive as compensation and expenses more than 
two thousand dollars a year. 
Repeal. SECTION 2. Scctiou fivc of chapter three hundred and 

fourteen of the acts of the year eighteen hundred and 
eighty-five is hereby repealed. 

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

Approved May 21, 1891. 

ChCl7).S52 -^^ ^^"^ '^'^ INCORPORATE THE TRUSTEES OF PUBLIC RESERVATIONS. 

Be it enacted, etc., asfoHoics: 
Trustees of SECTION 1. Frederick L. Ames, Philip A. Chase, 

Public Keserva- . ^^- , , , , t-» /^ i -tm • i in /^ 

tions, incor- Christophcr Clarke, Charles K. Codman, Jiilisha S. Con- 
porate . yei'se, Geoi'ge F. Hoar, John J. Russell, Leverett Salton- 

stall, Charles S. Sargent, Nathaniel S. Shaler, George 
Sheldon, William S. Shurtleff, George H. Tucker, Francis 
A. Walker, George Wigglesworth, their associates and 
successors, are hereby made a corporation by the name of 
The Trustees of Public Reservations, for the purpose of 
acquiring, holding, arranging, maintaining and opening to 
the public, under suitable regulations, beautiful and histor- 
ical places and tracts of land within this Commonwealth ; 
with the powers and privileges and subject to the duties 
set forth in chapter one hundred and fifteen of the Public 
Statutes and in such other general laws as now are or here- 
after may be in force relating to such corporations ; but 
said corporation shall have no capital stock. 

Section 2. Said corporation may acquire and hold by 
grant, gift, devise, purchase or otherwise, real estate such 
as it may deem worthy of preservation for the enjoyment 
of the public, but not exceeding one million dollars in 
value, and such other property, both real and personal, as 
may be necessary or proper to support or promote the 
objects of the corporation, but not exceeding in the aggre- 
o^ate the further sum of one million dollars. 

Section 3. All personal property held by said corpo- 
ration, and all lands which it may cause to be opened and 
kept open to the public, and all lands which it may acquire 
and hold with this object in view, shall be exempt from 
taxation, in the same manner and to the same extent as 



May acquire 
real estate not 
exceeding 
$1,000,000 in 
value. 



Exempt from 
taxation. 



1891. — Chapters 353, 354, 355. 919 

the property of literary, benevolent, charitable and scien- 
tific institutions incorporated within this Commonwealth is 
now exempt by law ; but no lands so acquired and held and Proviso. 
not opened to the public shall be so exempt from taxation 
for a longer period than two years. Said corporation shall 
never make any division or dividend of or from its prop- 
erty or income among its members. 

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

Approved May 21, 1891. 

An Act to confirm the proceedings op the annual town- njici'r).S53 

MEETING OF THE TOWN OF BELCHERTOWN. 

Be it enacted, etc., as follows : 

The proceedings of the annual town-meeting of the town Proceedings 
of Belchertown, held on the second day of March in the 
year eighteen hundred and ninety-one and by adjournment 
on the sixteenth day of the same month, shall not be in- 
valid by reason of the failure of said town or any of its 
officers, or of any caucus held for the nomination of candi- 
dates to be voted for at either of said meetings or any of its 
officers, to comply with the provisions of chapter three 
hundred and eighty-six of the acts of the year eighteen 
hundred and ninety or any act in amendment thereof; and 
the proceedings of each of said meetings, and the election 
of officers thereat, are hereby ratified, confirmed and made 
legal. Approved May 21, 1891. 



An Act relating to the conveyance of real estate in cases 
of disseizin. 



Chap.354: 



seizin. 



Be it enacted, etc., as follows : 

Notwithstanding disseizin or adverse possession, any conveyance of 
conveyance of real estate otherwise valid shall be as eftect- cases^ofVis-'^ 
ual to transfer the title as if the owner of the title were 
actually seized and possessed of such real estate and shall 
vest in the grantee the rights of entry and of action for 
recovery of the estate incident to such title. 

Ap)proved May 21, 1891. 



Chap.S55 



An Act to restrict the height of buildings in cities. 
Be it enacted, etc., as foUoios: 

Section 1. No building: more than one hundred and Height of buud- 

.I'll 1 c ^ A. A. 'nge in cities 

twenty-five feet in height, above the grade ot the street, limited. 
shall hereafter be erected in any city : provided, hoicever. 



920 



1891.— Chapter 356. 



Provisions may 
be enforced, etc. 



that this restriction shall not apply to grain or coal eleva- 
tors, or sugar refineries, nor to steeples, domes, towers 
or cupolas erected for strictly ornamental purposes, of 
fireproof material, on buildings of the above height or 
less. 

Section 2. Any court having jurisdiction in equity 
shall also have such jurisdiction to enforce and to restrain 
the violation of the provisions of this act. 

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

Approved May 21^ 1891. 



Ch(l7).35Q -^^ -^^^ "^^ PROVIDE FOR THE APPOINTMENT OF PROBATION 

OFFICERS. 



Probation 
ofRcers to be 
appointed by 
justices of 
courts. 



To hold office 
during the 
pleasure of the 
court. 

Not to be 
active members 
of the regular 
police force, etc. 

Inspection of 
records. 



May recom- 
mend any con- 
victed person to 
be placed on 
probation, etc. 



To furnish 
statement to 
person released. 



Be it enacted, etc. , as follows : 

Section 1. The justice of each municipal, police or 
district court shall appoint one person to perform the 
duties of probation oflScer, as hereinafter named, under the 
jurisdiction of said court. The appointment of such ofii- 
cer for the municipal court of the city of Boston shall be 
made by the chief justice of said court, who may appoint 
as many assistants, not exceeding three, to said probation 
officer as are needed to carry out the purposes of this act. 
Each probation officer appointed as herein provided shall 
hold his office during the pleasure of the court making 
the appointment. 

Section 2. Said probation officers shall not be active 
members of the regular police force, but shall in the exe- 
cution of their official duties have all the powers of police 
officers. The records of any of said probation officers may 
at all times be inspected by the chief of police or city 
marshal of any city or town, or by the board of police of 
the city of Boston. 

Section 3. Each probation officer shall inquire into the 
nature of every criminal case brought before the court 
under whose jurisdiction he acts, and may recommend that 
any person convicted by said court be placed upon proba- 
tion ; the court may place the person so convicted in the 
care of said probation officer for such time and upon such 
conditions as may seem proper. 

Section 4. Each person released upon probation as 
aforesaid shall be furnished by the probation officer with a 
written statement of the terms and conditions of his release ; 
each probation officer shall keep full records of all cases 



1891. — Chapter 356. 921 

investigated by him, of all cases placed in his care by the 
court, and of any other duties performed by him under 
this act. 

Section 5. The clerk of each municipal, police or Notice and 
district court, or the justice thereof if there is no clerk, cmunuIsioQers 
shall, when an appointment is made under this act, forth- ofP"«°"^- 
with notify the commissioners of prisons of the name of 
the officer so appointed. Each probation officer shall 
make a monthly report to the commissioners of prisons in 
such form as said commissioners shall direct. 

Section 6. The compensation of each probation officer compensation. 
shall be determined by the justice of the court under whose 
jurisdiction he acts, subject to the approval of the county 
commissioners of the county in which the court is located, 
and shall be paid from the treasury of the county, upon 
vouchers approved by said justice and the county com- 
missioners, or, in the county of Suffolk, the commissioners 
of public institutions. 

Section 7. A probation officer may, at the request of Pe^uest'^f^the 
any iustice of the superior court, investio^ate the case of J^^ticeinvesti- 
any jjerson on trial in that court and make a report upon person on trial, 
the same to said justice, and may upon the order of the 
court take on probation any person convicted in said 
court ; the compensation for such services shall be paid 
from the treasury of the Commonwealth upon vouchers 
approved by said justice. The officers appointed under Services under 
this act may also perform the services of probation officers p- s- --*^> § ^9. 
named in section sixty-nine of chapter two hundred and 
twenty of the Public Statutes, and for said services may 
receive such compensation as the county commissioners 
or the commissioners of public institutions, as the case 
may be, shall approve. 

Section 8. Any officer who refuses or neglects to Penalty for 
make returns or to perform any of the duties required of neglect."' 
him by this act shaU forfeit two hundred dollars to the use 
of the Commonwealth. 

Section 9. Nothing in this act shall be so construed ^/Vunlcy and '"^ 
as to interfere with any of the duties required of the board charitynottobe 

intGricrcd witii» 

of lunacy and charity under the provisions of the statutes 
relating to juvenile offenders. 

Section 10. Sections seventy-four, seventy-five, sev- Repeal. 
enty-six, seventy-seven and seventy-eight of chapter two 
hundred and twelve of the Public Statutes, chapter one 
hundred and twenty-five of the acts of the year eight- 



922 



1891. — Chapter 357. 



een hundred and eighty-two, and all acts or parts of 
acts inconsistent with this act are hereby repealed. 
juiJTisfr* Section 11. This act shall take effect upon the first 
day of July in the year eighteen hundred and ninety-one. 

Approved May 28, 1891. 



ChajJ.357 -^^ ^^'^ '^^ prevent the manufacture and sale of clothing 

MADE IN unhealthy PLACES. 



Dwelling used 
as a workshop 
■where clothing 
is manufactured 
to be kept in a 
cleanly state. 



Garments 
subject to 
inspection. 



Proprietor to 
notify chief of 
district police, 
etc., of location 
of workshop, 
number of per- 
sons employed, 
etc. 



State board of 
health to be 
notified of 
evidence of 
infectious 
disease, etc. 



Be it enacted., etc., asfollotvs: 

Section 1. Whenever any house, room or place used 
as a dwelling, is also used for the purpose of carrying on 
any process of making, altering, repairing or finishing for 
sale any ready-mad'C coats, vests, trousers or overcoats, it 
shall, within the meaning of this act, be deemed a work- 
shop : provided, however, that the exercise of such work 
in a private house or private room, by the family dwelling 
therein or by any of them, shall not of itself constitute 
such house or room a workshop within this definition ; 
every such workshop shall be kept in a cleanly state and 
shall be subject to the provisions of this section ; and each 
of said garments made, altered, repaired or finished for 
sale in any of such workshops shall be subject to the 
inspection and examination of the inspectors of the dis- 
trict police, for the purpose of ascertaining whether said 
garments, or any of them, or any part or parts thereof, 
are in cleanly condition and free from vermin and every 
matter of an infectious and contagious nature ; and every 
person so occup3'ing or having control of any workshop 
as aforesaid shall, within fourteen days from the passage 
of this act or from the time of beginning work in any 
workshop as aforesaid, notify the chief of the district 
police or the special inspector appointed for that purpose, 
of the location^ of such workshop, the nature of the Avork 
there carried on and the number of persons therein em- 
ployed. 

Section 2. If said inspector finds evidence of infectious 
disease present in any workshop, or in goods manufactured 
or in the process of manufacture therein, he shall report the 
same to the chief of the district police, who shall then 
notify the state board of health to examine said workshop 
and the materials used therein, and if said board shall find 
said shop in an unhealthy condition, or the clothing and 
materials used therein to be unfit for use, said board shall 
issue such order or orders as the public safety may require. 



1891. — Chapter 358. 923 

Section 3. Whenever it shall be reported to said ^h°ppe"fto this 
inspector, or to the chief of the district police, or to the commonwealth. 
state board of health, or either of them, that ready-made 
coats, vests, trousers or overcoats are being shipped to 
this Commonwealth, having previously been manufactured 
in whole or in part under unhealthy conditions, said 
inspector shall examine said goods and the condition of 
their manufacture, and if upon such examination said 
goods or any of them are found to contain vermin, or to 
have been made in improper places or under unhealthy 
conditions, he shall make report thereof to the state board 
of health, which board shall thereupon make such order 
or orders as the safety of the public shall require. 

Section 4. AVhoever knowingly sells or exposes for ciotMng made 
sale any ready-made coats, vests, trousers or overcoats hoiitefTte^No 
Avhich have been made in a tenement house used as a at'tachedMming 
workshop, as specified in section one of this act, shall p^'I^^^ '^^^''^ 
have affixed to each of said garments a tag or label, not 
less than two inches in length and one inch in Avidth, upon 
which shall be legibly printed or written the name of the 
state and the city or town where said garment or garments 
were made. 

Section 5. No person shall sell or expose for sale Penalty for 
any of said garments without a tag or label, as aforesaid, labei'f^" °" 
affixed thereto, nor shall sell or expose for sale any of 
said garments with a tag or label in any manner false or 
fraudulent, nor shall wilfully remove, alter or destroy any 
such tag or label upon any of said garments when exposed 
for sale. 

Section 6. The governor of the Commonwealth is Additional 

, , I'lj • iT-i > members of 

hereby authorized to appoint two additional members of inspection 
the inspection department of the district police force mTy b^*^"' 
qualified to perform the duties of the members of such '*pp°*°'<^''- 
department. 

Section 7. Whoever violates any of the provisions of Penalties. 
this act shall forfeit for each offence not less than fifty 
dollars nor more than one hundred dollars. 

Approved May 28, 1891. 

An Act aothokizing the probate codkt to compel parents ni^fiy. '\^?K 
TO contribute to the support of minor children under ^ 

GUARDIANSHIP. 

Be it enacted, etc., as follows : 

Section 1. The prol^ate court in the several counties Probate court 
may, upon the application of a guardian entitled to the pa^entTtrcon- 



924 



1891. — Chapter 359. 



tribute to sup- 
port of minor 
children under 
guardianship. 



custody of his minor ward, during the lifetime of both or 
either of the parents of such ward, and after notice to all 
parties interested, order and require the said parents, or 
either of them, to contribute to the support and mainten- 
ance of such minor in such sums and at such times as, 
having- regard to all the circumstances of the case, may 
seem just and reasonable. Said court may from time to 
time afterward,' on application made by either party above 
named, revise or alter such order or make such new order 
or decree as the circumstances of the parents or the benefit 
of the minor may require. 

Section 2. The probate court making such order or 
bond^^'' *° ^^® decree may require the parties so charged with the con- 
tribution for support to furnish a bond, payable to the 
judge of said court and his successor, in such sum and 
with such sureties as the court may order. 

Approved May 28, 1891. 



May require 
parties so 



QuincY Electric 
Freight Rail- 
way Company, 
incorporated. 



(7Art79.359 -^^ -^^^ '^'^ INCORPORATE THE QUINCY ELECTRIC FREIGHT RAILWAY 

COMPANY. 

Be it enacted, etc., asfolloivs: 

Section 1. John Q. Adams, Henry L. Higginson, 
Charles H. Porter, Wm. G. A. Pattee, Philip L. Salton- 
stall, George E. Armstrong, John R. Graham, their asso- 
ciates and successors, are herel>y made a corporation 
under the name of the Quincy Electric Freight Railway 
Company, for the purpose of locating, constructing and 
operating a railway, with electric motive power, for the 
transportation of freight in the city of Quincy and vicinity ; 
with all the powers and privileges and subject to all the 
restrictions, duties and liabilities created by the general 
laws which now are or hereafter may be in force relating 
to street railways and railroads, as far as the same may be 
applicable under the provisions of this act. 

Section 2. The location of said railwa}' shall l)e sub- 
ject to the approval of the city council of the city of 
Quincy, so far as the said railway is located in the streets 
of said Quincy, except so far as herein otherwise provided, 
in substantial conformitj' with the following routes : — 
beginning at a point on the northwesterly side of Wey- 
mouth Fore river, near the stone derrick, in that part of 
said Quincy known as Quincy Point, thence running over 
private lands and a private way called Wharf street to 
Washington street, thence westerly on said Washington 



Location of 
railway in city 
to be subject to 
api)roval of 
city council. 



1891. — Chapteb 359. 925 

street to a point near South street, thence over private land ^^uway?"* 
to South street, thence over South street and Howard street 
to the head of Bent's creek, so called, thence westerly, 
southwesterly and westerly over private lands, crossing 
said South street in two places, to New road, thence over 
said New road to Quincy avenue, and across said Quincy 
avenue to private lands, thence over private lands, cross- 
ing Phipps street, to Franklin street at its intersection 
with Independence avenue, thence crossing said Franklin 
street and along Independence avenue in a southwesterly 
direction to a point nearly opposite the pumping station 
of the Quincy Water Company, thence in a westerly direc- 
tion, over private lands and underneath the tracks of the 
Old Colony liailroad Company, to land of the Quincy 
"Water Company, thence over lands of the Quincy Water 
Company and private lands, in a northerly direction, to 
Liberty street near its intersection with Brooks road, so 
called, crossing Lawyers lane, thence across Liberty 
street, making a turn to the left and running over private 
lands in a general northwesterly course, nearly parallel 
with Brooks avenue, and across Intervale street to Centre 
street near its junction with Albertina street, thence across 
Centre street and along Albertina street, in a general 
westerly course for about three hundred feet, thence in a 
northwesterly direction over private lands to Station street, 
thence along Station street and across the location and 
tracks of the Granite branch of the Old Colony Railroad 
Company, by means of an overhead bridge at said Station 
street, thence over private lands in a northwesterly direc- 
tion, to West street near Doble street, so called, thence 
across West street and over private lands to Willard 
street, near a private road leading to the quarries, thence 
along said Willard street in a northerly direction, to the 
West Quincy station of the Granite branch of the Old 
Colony Railroad Company, but not crossing the tracks of 
said railroad company. Then beginning on Willard street 
near said West Quincy station, on the northerly side of 
the tracks of said railroad company, thence along Willard 
street to Rogers street, thence along Rogers street for a 
short distance, thence in a northeasterly and easterly 
direction over private lands and across a iDranch of Fur- 
nace brook to Common street, thence across Common 
street and along (Quarry, Granite, School and Marsh 
streets, to the yard of the Old Colony Railroad Company 



926 



1891. — Chapter 359. 



May locate, 
construct, etc., 
its tracks over 
streets, etc., In 
the city of 
Quincy. 



May take and 
hold real estate. 



near the Quincy Adams station. Also a branch which 
leaves the main line at the junction of School and Pleasant 
streets and runs along Pleasant street to Water street, 
thence along Water street, crossing the tracks and location 
of the Quincy and Boston Street Railway Company and 
over private lands to Liberty street, thence along Liberty 
street to a junction with the main line near Brooks road, 
so called, together with all the necessary side tracks and 
spur tracks to the various quarries, stone sheds, polishing 
shops and other business establishments along the line ; 
but said Quincy Electric Freight Railway Company shall 
not take any land of the Old Colony Railroad Company, 
nor cross its location at grade, without its consent and the 
consent of the railroad commissioners. 

Section 3. Said corporation may locate, construct 
and operate its railway, with convenient double or single 
tracks and all necessary sidings and spur tracks, upon and 
over the streets and w^ays in the city of Quincy herein- 
before named, and upon and over such other streets and 
ways as may from time to time be determined by the city 
council of said city, and may erect and use sucli poles 
and wires, and make such alterations in streets as said 
city council shall approve. The proceedings for the fixing 
of the route, location and construction of said railway in 
the streets and public ways of said city, and keeping the 
same in repair, shall be similar to those prescribed by 
general laws in relation to street railways, except as herein 
otherwise provided. The grant of location to said corpo- 
ration, or the approval of the same under section two, 
may be subject to such terms and conditions as the city 
council of said city may prescril)e. 

Section 4. Said corporation may locate, construct 
and operate its railway with convenient double or single 
tracks and necessar}' sidings and spur tracks over the 
route substantially hereinbefore described, and for such 
purpose may take and hold by purchase or otherwise all 
necessary real estate. It may acquire by purchase all 
necessary real estate for its freight yards, power stations 
and other uses incidental to the proper maintenance of its 
railway. The proceedings for the fixing of the route, 
location and construction of said railway over all the route 
lying outside of the streets and public ways of said citjs 
and for the taking of private property therefor, shall be 
similar to those prescribed by general law in relation to 
railroads, except as herein otherwise provided. 



1891. — Chapteh 359. 927 

Section 5. The location of said railway, outside of ^2^''*'/'°y°i,"[; 
public streets and ways, shall not exceed fifty feet in streete.gauge 
width, and the iiauoe of the track shall be four feet eio-ht 
and one half inches throughout. 

Section 6. Said corporation may unite its tracks May unite 
with those of the Old Colony Raih'oad Company, with the oidCok)Dy 
consent of the latter, and may enter into arrangements compTny, etc. 
with said company for the handling of its cars and general 
transaction of business. 

Section 7. The Quincy and Boston Street Railway May unite 

r\ j_ ' I • i L ^ •i^ 1 tracUs with the 

L'Ompany may enter upon, unite its tracks with, and use Quincy and 
the location and tracks of the Quincy Electric Freight RaUway^com- 
Railway Company upon Washington street from AVharf p'"^^- 
street to South street in said Quincy, upon such terms 
and conditions as may be prescribed by the city council 
of the city of Quincy. 

Section 8. Said corporation shall not lay out or con- certificate to be 
struct its road or any part thereof until the certificate secretary of the 
required by section eighty-six of chapter one hundred and commonwealth. 
twelve of the Public Statutes shall have been filed with 
the secretary of the Commonwealth, whereupon said cor- 
poration may proceed to organize in accordance with the 
provisions of the first clause of section forty-five of said 
chapter. For the purpose of carryino- out all provisions Provisional 

/. , T . . -J • J.- i.1 • i. board of direc 

ot law prehminary to said organization the incorporators tors. 
herein named and their associates shall elect from their 
number a j)rovisional board of nine directors, who shall 
appoint a clerk and treasurer. 

Section 9. The capital stock of said corporation shall capUai stock. 
be three hundred thousand dollars, but may be increased 
or decreased in accordance with the general law applicable 
to street railways, and in all other matters not herein 
otherwise provided the general law controlling said corpo- 
ration shall ])e that governing street railways as fiir as 
applicable. 

Section 10. Said corporation may from time to time May issue 
by the vote of the majority in interest of its stockholders 
issue coupon or registered bonds to an amount not exceed- 
ing one hundred and fifty thousand dollars, for a term not 
exceeding twenty years from the date thereof: iirovided^ Proviso. 
that no issue of bonds shall be made unless there shall have 
been actually paid in an amount of the capital stock equal 
to the amount of such issue. To secure payment of such 
bonds, with interest thereon, the said corporation may 



928 



1891. — Chapter 360. 



Bonds to be 
approved by 
person 

appointed for 
that purpose. 

Road to be 
constructed 
■within three 
years. 



May mortgage make a mortsfasfe of its road and franchise and any part of 

road and . , r?o .,,. i 

franchise to its othcr property, and may mclude m such mortgage 
ment'^of'bonds. property thereafter to be acquired, and may therein 
reserve to its directors the right to sell or otherwise, in 
due course of business, to dispose of property included 
therein which may become worn, damaged or unsuitable 
for use in the operation of its road, provided that an 
equivalent in value be substituted therefor. The bonds 
issued shall first be approved by some person appointed 
by the corporation for that purpose, who shall certify 
upon each bond that it is properly issued and recorded. 

Segtiox 11. Unless said corporation begins and sub- 
stantially completes the construction of its road within 
three years from the passage of this act its corporate 
powers and existence shall be at an end. 

Section 12. This act shall take effect upon its passage. 

Apjyroved May 28, 1891. 

Ch(ip.3Q0 An Act authorizing the commissioner of corporations to 

CHANGE THE NAMES OF CORPORATIONS. 

Be it enacted, etc., as foUoivs : 

Section 1. The commissioner of corporations may 
authorize any corporation subject to the provisions of 
chapters one hundred and six, one hundred and seven, 
one hundred and eight, one hundred and nine, one hun- 
dred and ten, one hundred and twelve, one hundred and 
thirteen, one hundred and fourteen, one hundred and fif- 
teen, one hundred and sixteen, one hundred and seven- 
teen, one hundred and eighteen and one hundred and 
nineteen of the Public Statutes, and acts amendatory of 
any of said chapters, to change its name, upon notice and 
hearing, as hereinafter set forth : provided, such corpora- 
tion shall, previously to its application to the commis- 
sioner of corporations for change of its name, at a meeting 
called for that purpose have voted, by a vote of two thirds 
of the stockholders present and voting at the meeting, to 
change its name and adopt a new one. 

Section 2. Before authorizing a change of name, as 

provided in section one, the commissioner shall require 

public notice of the application therefor to be given, that 

all persons may appear to show cause, if any they have, 

why the application should not be granted. 

ciange of name Section 3. Whcu such changc of name shall have 

office of the bceu autliorizcd by the commissioner of corporations, a 

commMVeaith! Certified copy of his authorization of the same, together 



Commissioner 
may change 
names of cor- 
porations, upon 
notice and 
hearing. 



Proviso. 



Public notice to 
be given. 



1891. — Chapter 361. 929 

with a certificate setting forth the vote of the corporation 
to so change its name and adopt a new one, signed and 
sworn to by the president, treasurer and a majority of 
the directors, shall be filed in the office of the secretary of 
the Commonwealth. And the commissioner shall require 
public notice to be given of the change so authorized ; 
and on receipt of proof thereof the secretary of the Com- secretary may 
mon wealth may grant a certificate of the name which the of new^name.' 
corporation shall bear, and which shall thereafter be its 
legal name, subject hosvever to the provisions of chapter 
two hundred and fifty-seven of the acts of the year eight- 
een hundred and ninety-one. 

Section 4. A corporation under its new name shall JiawfuL*!"e"cf' 
have the same rights, powers and privileges, and be sub- 
ject to the same duties, obligations and liabilities as before 
such change, and may sue and be sued Ity its own name ; 
but any action brought against it by its former name shall 
not be defeated on that account, and, on motion of either 
party , the new name can be substituted therefor in the action. 

Section 5. The secretary of the Commonwealth shall f,fP°geg°of 
prepare and submit to the general court, together with namestobe 

^1 to • /• 1 made to the 

the abstract of certificates required by section two ot chap- general couit. 
ter one hundred and six of the Public Statutes, a statement 
of all names of the corporations changed under the provi- 
sions of this act. 

Section 6. In the case of corporations not having a changeof 
capital stock, a two thii'ds vote of the persons legally corporation has 
qualified to vote in meetings of the corporation, and pres- "°°''P''^ **'"='• 
ent and voting on the question of change, shall be suffi- 
cient, in lieu of the vote of the stockholders required by 
section one of this act ; and in the case of corporations 
not having a president, treasurer and directors, the certifi- 
cate of the vote of the corporation required by section 
three of this act shall be sufficient if signed and sworn to 
by the presiding and the financial officer and a majority of ■ 
its other officers having the power of directors, by what- 
ever name called. Approved May 28, 1891. 

An Act raising the compulsory school age to fifteen years (7Aa7?.361 
IN cities and towns where opportunity is given for indus- 
trial education. 

Be it enacted, etc., as follows: 

Section 1. In every city and town where opportunity school age 

• 1 where in*.i nstrinl 

is furnished, in connection with the regular work ot the education is 
public schools, for gratuitous instruction in the use of "'"'* '^ 



930 1891 . — Chaptek 362. 

tools or in manual training, or for industrial education in 
any form, every person having under his control a child 
between the ages of eight and fifteen years shall cause 
such child to attend the public schools during the same 
number of weeks in each school year during which attend- 
ance is now by law required in the case of children between 
the ages of eight and fourteen years, and subject to the 
same exceptions ; and for neglect of such duty the per- 
son offending shall be liable to the same forfeiture, to be 
enforced in the same manner and subject to the same excep- 
tions as now provided by law in case of neglect to require 
the attendance of a child between the ages of eight and 
fourteen years. 
Jo take ^effect ^ SECTION 2. This act shall take effect upon the first day 
of August in the year eighteen hundred and ninety-one. 

AjJjyroved May 28, 1891. 

ChaV'^Q^ An Act to authorize sentence in criminal cases in the supe- 
rior COURT WHERE AN APPEAL APPEARS FRPVOLOUS. 

Be it enacted, etc., as foUoivs : 
amended ^^^' SECTION 1. Scction twclvc of chapter one hundred 
and fifty-three of the Public Statutes is hereby amended 
by inserting after the word " exceptions ", in the fifth line, 
the following words : — And when in any criminal pro- 
ceeding an appeal from the superior court to the supreme 
judicial court appears to the justice before whom the trial 
is had to be immaterial, frivolous, or intended for delay, 
sentence may be passed notwithstanding the pendency of 
Judgment may the appeal, — SO as to read as follows : — Section 12. If 
if exceptions are the exccptious appear to the ]ustice before whom the trial 
immaterial, etc. -^ y^^^ ^^ ^^ immaterial, frivolous, or intended for delay, 
judgment may be entered and execution awarded or stayed 
on such terms as the court deems reasonable, and in crim- 
inal cases sentence passed, notwithstanding the allowance 
Sentence may of the exceptious. And whcu in auv Criminal proceeding 

be passed wlien ^ e ^\ • i i. j.i • ^' • \ 

appeal appears au appeal irom the superior court to the supreme judicial 
inrende^d fo"!- coui't appears to the justice before whom the trial is had 
delay. ^q \^q immaterial, frivolous, or intended for delay, sen- 

tence may be passed notwithstanding the pendency of the 
appeal. If execution is not awarded, any security which 
has been taken in the case, whether by bond, attachment, 
or otherwise, shall stand as if no judgment had been 
entered, until an order is made for final judgment. 

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

Approved 3fay 28, 1891. 



Chap,m4: 



1891. — Chapters 363, 364. 931 



An Act to assist the town of truro in maintaining a sec- HT^nYt S6S 

TION OF its county HIGHWAY KNOWN AS BEACH POINT ROAD. ^ * 

Be it enacted, etc. , as folloivs : 

Section 1. The county commissioners of the county Repairs and 
of Barnstable shall, upon application of the selectmen of of wghwayln 
the town of Truro, expend a sum not exceeding five hun- '^'■"•°- 
dred dollars in any one year, for a period not exceeding 
ten years, from the funds of the county, for repairs and 
maintenance of the highway extending from the railroad 
crossing at the head of Moon pond meadow, so called, in 
the town of Truro, to the boundary line between the 
towns of Truro and Provincetown ; the amount so used to 
be expended for the purpose specified in this act and for 
no other ; and the sum actually expended shall be reim- 
bursed from the treasury of the Commonwealth. 

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

Ai:>proved May 28, 1891. 

An Act to amend the charter of the city of Cambridge. 
Be it enacted, etc., as follows: 

Section 1. The inhabitants of the city of Cambridge, city charter of 
in the county of Middlesex, shall continue to be a body amTu^dedr 
corporate and politic under the name of the city of Cam- 
bridge, 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 provided for 
herein, or otherwise pertaining to said city as a municipal 
corporation. 

Section 2. The administration of the fiscal, pruden- Administration 
tial and municipal affairs of said city, and the government government** 
thereof, shall be vested in a mayor and a city council, and^cftif '""^'"^ 
which shall consist of a board of aldermen consisting, council. 
until the municipal year beginning on the first Monday in 
January in the year eighteen hundred and ninety-three, of 
ten members, and thereafter of eleven members, and a 
common council consisting of twenty members. Each 
branch shall sit separately, except when required to meet 
in joint convention l)y the provisions of this charter or by 
a concurrent vote. The mayor and aldermen shall be 
chosen by the qualified voters of the whole city. The 
city council shall apportion the members of the common 
council among the several wards as nearly as may be on 
the basis of population, and the qualified voters of each 



932 



1891. — Chapter 364. 



To be divided 
into five wards. 



Annual munici- 
pal election. 



Assessors and 
members of 
school com- 
mittee to be 
elected for 
three years. 



Warrant for 
meetings for 
elections, etc., 
to be issued by 
the board of 
aldermen. 



Non-election of 
mayor or the 
required 
number of 
Qoembers of 
jity council. 



ward shall elect from among their number the members 
of the common council to which it shall be entitled on 
such apportionment. 

Section 3. The city shall continue to be divided into 
five wards, which shall retain their present boundaries 
until the same shall be changed under the general law 
relating thereto. The present apportionment of council- 
men shall be retained until October in the year eighteen 
hundred and ninety-five. The city council shall, in the 
month of October in the year eighteen hundred and 
ninety-five and every fifth year thereafter, apportion 
the members of the common council to the several wards, 
in accordance with the provisions of the preceding section. 

Section 4. An annual election for the choice of city 
officers shall be holden on the Tuesday next following the 
second Monday in December, and all officers who are 
chosen by the qualified voters shall be chosen by ballot ; 
and such officers, except the assessors and the members of 
the school committee, shall hold their respective offices for 
the succeeding munici[)al year ; to wit, beginning with the 
first Monday in January succeeding the annual election 
and continuing till the first Monday in January of the 
year following and until others .shall be chosen and quali- 
fied to act in their stead. The qualified voters of the city 
shall at each annual election choose one of their number 
to be assessor for the term of three years, and one person 
from each ward as a member of the school committee for 
the term of three years, and shall, at such election, fill 
for the unexpired term such vacancies as occur at the end 
of the municipal year. 

Section 5. All meetings of the qualified voters, for 
the purpose of voting at elections or for the transaction of 
municipal affairs, whether in city or in ward meetings, 
shall be holden in pursuance of warrants for that purpose, 
which shall be issued b}^ the board of aldermen and shall 
be in such form and served and returned in such manner 
and at such time as the city council by ordinance shall 
direct. The board of aldermen shall issue their warrant 
for a general meeting of the qualified voters, for any con- 
stitutional or legal purpose, whenever requested to do so, 
in writing, by thirty such voters. 

Section 6. If at the annual election a mayor or the 
required number of members of the city council shall not 
have been elected, or if any person elected shall refose to 
accept the office to which he was chosen, the board of 



1891. — Chapter 364. 933 

aldermen shall make a record of the fact and forthwith 
issue their warrant for another election, and the same pro- 
ceedings shall be had as are provided by law for the origi- 
nal election ; and the same shall be repeated from time to 
time until a mayor and the required number of members 
of the city council shall have been chosen. Whenever a vacancies. 
vacancy shall occur in either office by death, resignation 
or otherwise, the board of aldermen may, and if such 
vacancy occur prior to the first of September in any year 
shall, forthwith issue their warrant for a new election. 
The removal of a person holding office from one ward to 
another shall not create a vacancy in such office, nor shall 
a change of ward boundaries create a vacancy in any 
office. 

Section 7. The mayor, aldermen and members of the Mayor, aider- 
common council shall, before entering upon their offices, !?J,mmon 
be sworn to the faithful performance of their respective beTwoS!°*° 
duties ; and for that purpose shall meet in convention on 
the tirst Monday in January in each year at ten of the 
clock in the forenoon, when such oath may be administered 
to the mayor elect by any judge of any court of record in 
the Commonwealth or by any justice of the peace, and to 
.the aldermen elect and common councilmen elect by the 
mayor, he being first sworn as aforesaid, or by any justice 
of the peace. A certificate that such oath has been taken 
shall be entered in the journals of the board of aldermen 
and of the common council by their respective clerks. If 
the mayor or any one or more of the aldermen or common 
councilmen shall not be present on the first Monday in 
Januar}' to take the oath required of them, the same may 
be administered to the mayor or aldermen at any meeting 
of the board of aldermen, and to the common councilmen 
at any meeting of the common council, thereafter, before 
entering upon office. A certificate that such oath has been 
taken shall be entered in the journal of the board at the 
meeting at which it was administered. 

Section 8. The executive powers of said city and all Executive 

, I . '' . powers of city 

the executive powers now vested in the mayor and in the to be vested in 
board of aldermen, and in the surveyors of highways, ®™'*^°'' 
shall be and hereby are, vested in the mayor, to be exer- 
cised through the several officers and boards of the city 
in their respective departments, under his general super- 
vision and control. He shall at all times have the control 
and direction of the police force. He may call special 



934 



1891. — Chapter 364. 



Mayor to be ex 
officio chairman 
of school com- 
mittee. 



May summon 
heads of 
departments, 
etc., for con- 
sultation, etc. 

Resident 
citizens to be 
appointed to 
office by mayor, 
etc. 



Removal of 
officers. 



meetings of the board of aldermen and of the common 
council, or either of them, when in his opinion the inter- 
ests of the city require it, by causing the notification to 
be left at the usual dwelling place of each member of the 
board or boards to be convened. He shall from time to 
time communicate to said boards respectively such infor- 
mation, and recommend such measures, as the interests 
of the city shall in his judgment require. He shall be 
ex officio chairman of the school committee but shall 
have no right to vote. The mayor shall cause the laAvs, 
ordinances, orders and regulations of the city to be exe- 
cuted and enforced. He shall exercise a general super- 
vision and control over the official acts and conduct of all 
officers, and take proper action to cause every violation or 
neglect of duty to be punished. It shall be his duty to 
secure an honest, efficient, and economical conduct of the 
entire executive and administrative business of the city 
and the harmonious and concerted action of the difterent 
departments. The mayor may at any time summon heads 
of departments or subordinate officers for information, 
consultation, or advice upon the affiiirs of the city. 

Section 9. All officers of the city not elected by the 
qualified voters shall be resident citizens of the city of 
Cambridge, and shall, except as herein otherwise provided, 
be appointed by the mayor, subject to confirmation by the 
board of aldermen, and for such terms respectively as are 
or may be fixed by law or ordinance, or, in case of an 
appointment to fill a vacancy, for the unexpired term. 
Sul)ject to confirmation, as aforesaid, the mayor shall 
annually in the month of February appoint one person 
from each ward to be an assistant assessor for the term 
of one year, beginning with the first day of ]\Iarch of that 
year. No appointment made by the mayor shall be acted 
upon by the board of aldermen until the expiration of one 
week after such appointment is transmitted to said board, 
except by unanimous consent of said board. 

Section 10. The mayor after due hearing may, with 
the approval of a majority of the board of aldermen, 
remove any member of the board of overseers of the 
poor or of the board of health, any assistant assessor, 
any member of the police force or fire department, and 
any other officer of the city, except the members of the 
city council and school committee and their clerks and 
attendants, the principal assessors, the city clerk, the 



1891. — Chapter 364. 935 

assistant city clerk, the city treasurer, the city auditor, 
the city messenger, clerk of committees, and city solic- 
itor, for cause assigned by him. 

Section 11, Every ordinance, order, resolution or ordinances, 
vote to which the concurrence of the board of aldermen subject fo*"" 
and of the common council may be necessary, except on m^ayw?'**^ 
a question of the convention of the two branches, and 
every order of either branch involving expenditure of 
money, shall be presented to the mayor. If he approve 
thereof he shall signify his approval by signing the same, 
but if not he shall return the same with his objections to 
the branch in which it originated, which shall enter the 
objections of the mayor, at length, upon its records and 
proceed to reconsider said ordinance, order, resolution or 
vote, and if after such reconsideration two thirds of the 
board of aldermen or common council, notwithstanding 
such objections, vote to pass the same, it shall be in force, 
unless it originally required concurrent action, in which 
case it shall, tog-ether with the objections, be sent to the 
other branch of the city council, where it shall also be 
reconsidered, and if approved by two thirds of such other 
branch, it shall likewise be in force. In all cases the vote 
shall be taken by yeas and nays. If such ordinance, if not returned 
order, resolution or vote shall not be returned within ten ^^tMn ten daye. 
days after it shall have been presented to the mayor, the bSorce '"^ 
same shall be in force. He may except from his approval 
of any ordinance, order, resolution or vote of which he 
has the power of veto, any portion involving a distinct 
item of expenditure ; in such case instead of returning 
the original he shall transmit a copy of such portion not 
approved, which portion shall be reconsidered in the man- 
ner and with the efiect above provided. The mayor's 
approval shall likewise be required to, and he shall have 
a similar power of veto, and with like limitations, over 
any order or vote of the board of aldermen which involves 
the exercise of any of the powers conferred by law upon 
the mayor and aldermen, or upon the board of aldermen 
as a separate board, but nothing herein contained shall 
affect the powers of said board in relation to votes cast at 
elections, nor shall the veto power of the mayor extend 
to elections. 

Section 12. The mayor shall have sole power to sign. Mayor to 
seal, execute and deliver, in behalf of the city, deeds and ^^"uTeasfs"''' 
leases of lands sold or leased by the city, and other deeds. 



936 



1891. — Chapter 364. 



To keep record 
of ofQcial acts. 



Salary. 



Existing 
powers vested 
in city council. 



Sittings to be 
public except 
■when in 
executive 
session. 



City council 
may make 
ordinances 
and fix penal- 
ties. 



Laying out, 
altering, etc., 
Btreets, public 
drains and 
sewers. 



agreements, contracts, leases, indentures and assurances 
on behalf of the city, except as herein otherwise provided. 

Section 13. The mayor shall cause to be kept a record 
of all his official acts, and may, without confirmation by the 
board of aldermen, appoint a clerk, whose compensation 
shall be fixed by the city council. The mayor shall receive 
for his services such sahiry as the city council shall deter- 
mine, payable at stated periods, and shall receive no other 
compensation ; but such salary shall not be increased or 
diminished during his term of office. 

Section 14. All the powers now vested by law in the 
city of Cambridge, or in the inhabitants thereof as a munici- 
pal corporation, except as herein otherwise provided, shall 
be vested in the city council and shall be exercised by a 
concurrent vote, each branch having a negative on the 
other. A majority of each branch shall constitute a 
quorum for the transaction of business. No memlier of 
either branch shall receive any compensation for his ser- 
vices. All sittings of the city council, or of either branch 
thereof, except for the consideration of candidates for 
election and except the sittings of the board of aldermen 
for consideration of appointments by the mayor, shall be 
public. But all votes on elections and on confirmations 
shall be taken in public. 

Section 15. The city council shall have power to 
make ordinances and to fix penalties therein, as provided 
herein and by general law, which shall take efiect from 
the time therein'limited, without the sanction or confirma- 
tion of any court or justice thereof. All city ordinances 
shall be duly published, and in such newspaper or news- 
papers in said city as the city council shall direct. The 
city council may also by ordinance regulate the loads of 
vehicles using the streets of said city, and provide for the 
appointment, in accordance with the provisions of section 
nine, of public weighers, measurers and surveyors, sur- 
veyors of mechanics' work, inspectors of junk shops and 
of junk collectors, inspectors of pawnbrokers and of dealers 
in secondhand articles, and other needful officers, and de- 
fine their powers and duties, and fix their compensation. 

Section 16. The city council shall have exclusive 
authority, subject to the veto power of the mayor, to lay 
out, alter, discontinue or fix the grade of any highway, 
street or town way, and to take land therefor and for the 
construction of public drains and common sewers, and to 



1891. — Chapter 364. 937 

estimate the damage which any person shall sustain 
thereby, l)ut action upon said matters shall be first taken 
by the board of aldermen. Any person dissatisfied with Damages. 
the decision of the city council in the estimate of damages 
may, within one year thereafter, make complaint and 
application for a jury to the superior court in the county 
of Middlesex, upon which application the same proceed- 
ings shall be had as are or may be provided in sections 
one hundred and five, one hundred and six, one hundred 
and seven and one hundred and eight of chapter forty- 
nine of the Public Statutes, or any acts in amendment 
thereof. 

Section 17. The city council may establish a fire Firedepan- 
department, with such officers, apparatus and regulations "^° ' 
for the government thereof as shall from time to time be 
prescribed by ordinance not inconsistent with this act. 
The engineers of the fire department shall have the 
powers of fire wards and all powers conferred by section 
four of chapter thirty-five of the Public Statutes, in like 
manner as if said city had accepted said section. 

Section 18. The city council shall take care that no cuy council to 
money shall be paid out from the city treasury unless pre- money iJ'paid 
viously granted and appropriated, and shall secure a just appropruTted, 
and proper accounting, in such manner as they may direct, 
from all boards and officers intrusted with the receipt, 
custody or disbursement of the moneys or funds of the 
city. The city council shall publish, once in every year 
at least, for the use and information of the inhabitants, a 
particular account of the receipts and" expenditures of the 
city and a schedule of the property and debts of the city ; 
the mayor and all officers and boards of the city shall 
make for such purpose such reports as the city council 
may request. 

Section 19. The city council shall annually in the Election of 
month of February, by concurrent vote, the board of aLLtan't. ^° 
aldermen acting first, elect by ballot a city clerk and 
assistant city clerk, each of whom shall be sworn to the 
faithful discharge of his duties and shall hold his office for 
one year from the first day of March of that year, and 
until another shall be chosen and qualified, but may be 
removed however at the pleasure of the city council. The 
city clerk shall be ex officio clerk of the board of alder- Duties. 
men. He shall keep a journal of the votes and proceed- 
ings of the aldermen, and also of the city council when 



938 1891. — Chapter 364. 

sitting in convention, and shall perform such other duties 
as the aldermen and the city council may prescribe. He 
shall also perform all the duties and exercise all the 
powers usually pertaining to said office. He shall deliver 
up to his successor in office, as soon as chosen and quali- 
fied, all journals, records, record books, papers, docu- 
ments or other things kept or held by him in his capacity 
City messenger of city clcrk. The city council shall also annually in the 
commfttees! month of ApHl, by concurrent vote, the board of alder- 
men acting first, elect by ballot a city messenger and 
clerk of committees, each of whom shall hold office for 
one year from the first day of May of that year, and until 
another is chosen in his place, subject to removal at any 
time, by the city council. 
Election of SECTION 20. The city couucil shall also annually in 

shall be cone^c" the mouth of February, by concurrent vote, the board of 
l°ci°yaurtor!"' aldermen acting first, elect by ballot a city treasurer, who 
shall be the collector of taxes, and a city auditor, each of 
whom shall be sworn to a faithful discharge of his duties, 
and shall hold his office for one year from the first day of 
March of that year, and until another shall be chosen and 
qualified, but may be removed however at the pleasure of 
the city council. The treasurer and auditor shall deliver 
up to their respective successors in office as soon as chosen 
and qualified, or to any person designated by the city 
council, on their ceasing to fill such office, all books, 
funds, papers or other things kept or held by them as 
City solicitor, such officcrs. The clty couucil shall also annually in the 
month of April, by concurrent vote, the board of alder- 
men acting first, elect a solicitor for the city of Cambridge, 
who shall be a resident citizen of Cambridge and an attor- 
ney and counsellor of the courts of the Commonwealth, 
and who shall hold office for one year, but may be 
removed however at the pleasure of the city council. 
Overseers of the SECTION 21. The city couucil shall annually in the 
P"""' month of March, elect one person to be a member of the 

board of overseers of the poor, for the term of five years 
beginning with the first Monday in May of that year. 
Treasurer may SECTION 22. The city trcasurcr of the city of Cam- 
ITaors'T'' bridge may, as collector of taxes, appoint such deputy 
collectors of taxes as he may from time to time deem expe- 
dient, who shall give bonds with sufficient sureties for the 
faithful discharge of their duties, in such sums as the 
board of aldermen of said city shall from time to time 



taxes. 



1891. — Chapter 364. 939 

prescribe, and such deputies shall have the same powers 
as collectors of taxes of towns. He shall as such collector 
have all special powers conferred on a treasurer appointed 
collector by vote of a city council. 

Section 23. All fees, charges and commissions of ^'^5^' *=^'"'F* 

I'T IT ••11 11 n 11 and commis- 

every kmd and description allowed by law for the collec- sionstobe 
tion of taxes, betterments, rates and assessments of every cuy treasury. 
kind, to any person or persons authorized to collect the 
same, upon any warrant or other command hereafter 
directed to the treasurer and collector of the city of Cam- 
bridge, in his capacity as treasurer or as collector, or as 
both treasurer and collector, shall be collected and paid 
into the treasury of said city and shall be the property of 
said city. The city may pay to such persons such com- 
pensation for services as the city council shall from time 
to time determine. 

Section 24. The city council shall, in joint couven- vacancies. 
tion, till for the remainder of the municipal year all vacan- 
cies which shall at any time arise in the board of assessors. 

Section 25. Neither the city council nor either branch ^tSnottouke 
thereof, nor any member or committee thereof, or of either part in the 
branch thereof, nor the board of aldermen acting in any labor. 
capacity in which said board may act separately under 
special powers conferred upon it, nor any member or com- 
mittee of said board acting in any such capacity, shall 
directly or indirectly take part in the employment of 
labor, nor, except as otherwise provided in this act, in the 
appointment or removal of any officers or subordinates for 
whose appointment and removal provision is herein made. 
No person shall be elected or appointed to any office oi'^^^^P]'^, 

1 , . n ^ • ^ • • appointed to 

emolument who at the time of his election or appointment office of emoiu- 
shall be a member of the board of aldermen or of the ™ 
common council. 

Section 26. The board of aldermen shall be the final aiderlentobe 
iudge of the election and qualification of its members and tinai judge of 

GlGctiou or its 

of the members of the school committee. The board of members and 
aldermen shall choose one of its members as president, schoorcom^ 
who shall preside at the meetings of the board and at ™'"®®- 
joint conventions of the two branches of the city council. 
He may at any time call a special meeting of the board of 
aldermen by causing a notice to be left at the usual dwell- 
ing place of each member. The mayor shall not be a 
member of, nor preside at any of the meetings, nor appoint 
any of the committees of the board of aldermen. 



940 



1891. — Chapter 364. 



Aldermen may 
authorize the 
construction of 
Bidewallis, etc. 



May fix number 
and compensa- 
tion of police 
force, etc. 



President and 
clerk of the 
common coun- 
cil. 



Filling of 
vacancies. 



School commit- 
tee to elect 
teachers of the 
public schools 
and a superin- 
tendent. 



Section 27. The board of aldermen may authorize the 
construction of sidewalks or the completion of any par- 
tially constructed sidewalk in said city. Such sidewalks 
may be with or Avithout edgestones, and covered with 
brick, flat stones or concrete ; and the expense of such 
edgestones and covering materials shall be assessed upon 
the abutting lands in just proportions, and shall constitute 
a lien thereon and be collected in the same manner as taxes 
on real estate. Such sidewalks when constructed and 
covered with brick,, flat stones or concrete, as aforesaid, 
shall afterwards be maintained at the expense of the 

city. 

Section 28. The board of aldermen shall from time to 
time fix the number and compensation of the members of 
the police force, and establish general regulations for its 
government. They shall have power to grant licenses to 
mnholders, victuallers and retailers, and to grant other 
licenses for which provision is or shall be made by general 
law or ordinance, and may at any time revoke any license 
granted by them. They shall do all acts and perform all 
the duties which the selectmen of towns or the boards of 
aldermen of cities are by law required to do and perform, 
unless otherwise provided by general law or in this act. 

Section 29. The common council shall choose one of 
its members as president, who shall preside at its meet- 
ings, and shall choose a clerk, who shall be sworn to the 
fafthful discharge of the duties of his oflice and shall hold 
office during the pleasure of the council. The clerk so 
chosen and qualified shall attend the common council when 
in session and keep a journal of its acts, votes and pro- 
ceedings, and perform such other service in such oflice as 
the council may require. The common council shall be 
the final judge of the election and qualification of its 
members. 

Section 30. The city council, the board of aldermen, 
and the common council may respectively fill for the unex- 
pired term any vacancy arising by reason of the death, 
resignation or removal of any oflicer elected by them. 

Section 31. The school committee and overseers of 
the poor shall respectively perform all such duties as the 
school committee and overseers of the poor in towns are 
required by law to perform. The school committee shall 
annually elect a superintendent of schools and the teachers 
of the public schools, any of whom shall be removable by 



1891. — Chapter 364 941 

vote of the committee. The mayor shall appoint the jani- j^tnrynuJrs of 

tors of school-houses, subject to contirmation by the school school-houses. 

committee, and may remove them at pleasure for cause 

assigned ; and such janitors shall perform their duties 

under the direction of the school committee. The over- oveiseeraofthe 

seers of the poor shall annually on the first Monday of ^°°'' 

May meet and organize, and shall choose such subordinate 

officers and agents as they may deem expedient, and define 

their duties and fix their salaries ; but no members of the 

board shall be eligible to be chosen by said board to any 

position of emolument. 

Section 32. The city council, the board of aldermen, Employment of 
the common council, and the school committee, may sever- attendii'iits. 
ally employ such clerks and attendants as they may deem 
proper for the suitable conduct of their business, and may 
remove the same at pleasure. 

Section 33. Every ofiicer of the city shall, unless officers to 

d,. IV ii • i* i- 1 • J continue until 

, continue alter the expiration ot his term successors are 

of service to hold his oflSce until his successor is appointed i"-^''*^'^''- 

or elected and duly qualified. 

Section 34. All heads of departments and boards of ^artme°ts''t°o 

the city, except the chief of police and the chief eng-ineer appoint subor. 

of the fire department, shall appoint their respective sub- chief of police 

d, /• 1 , n • i* I and engineer of 

mates, tor such terms ot service respectively, as are or Are department. 

may be fixed by law or ordinance, which appointments 
shall be forthwith certified by them to the mayor ; the 
said ofiicers and boards may remove such subordinates 
for such cause as they shall assign in writing in the order 
for removal, which order shall be forthwith communicated 
to the mayor. 

Section 35. The several executive boards of the city contracts for 
and officers at the head of departments shall in their suppiy"of mate- 
respective departments make and execute all necessary BtrlfctTou^of' 
contracts for the employment of labor, the supply of p"'''"" works. 
materials, and the construction, alteration and repair of 
all public works and buildings, and have the entire care, 
custody and management of all public works, institutions 
and buildings, and other property, and the direction and 
control of all the executive and administrative business 
of said city. All executive boards and ofiicers shall be 
at all times accountable for the proper discharge of their 
duties to the mayor as the chief executive officer. They 
and all subordinate officers shall at all times furnish such 
information as to matters under their control as the mayor 



942 



1891.— Chapter 364 



Contracts. 



Heads of de- 
partments, etc., 
to furnish to 
maj'or estimates 
of money 
required. 



Ordinances to 
remain in force 
unless inconsist- 
ent, etc. 



Not to affect 
provisions of 

1886, 108; 

1888, 70; 

1889, 439. 



Water board 
and commis- 
sioners of Cam- 
bridge cemetery 
to continue to 
exercise powers, 
etc. 



or the city council may request. Every contract made in 
behalf of the city, in which the amount involved exceeds 
three hundred dollars, shall require the approval of the 
mayor before going into effect. No expenditures shall be 
made and no liability shall be incurred or be binding upon 
the city for any purpose beyond the appropriation pre- 
viously made therefor. This section shall in no wise be 
construed as limiting or restricting the powers given to 
the school committee by the Public Statutes or any 
amendment thereto. 

Section 36. The heads of departments and all other 
officers and boards having authority to expend money shall 
annually before the twentieth day of January, furnish an 
estimate to the mayor of the money required for their 
respective departments and offices for one year beginning 
with the first day of December preceding, and the mayor 
shall examine such estimates and submit the same with 
his recommendations thereon to the city council on or 
before the first day of February. The city council shall 
thereupon make the appropriation for the financial year 
beginning with the first day of December preceding. 

Section 37. All ordinances of the city of Camljridge, 
or portions thereof, inconsistent with the provisions of 
this act are annulled, but such portions as are not incon- 
sistent herewith are continued in force until amended or 
repealed by the city council. 

Section 38. Nothing contained herein shall affect the 
provisions of chapter one hundred and eight of the acts 
of the year eighteen hundred and eighty-six, of chapter 
seventy of the acts of the year eighteen hundred and 
eighty-eight, of chapter four hundred and thirty-nine of 
the acts of the year eighteen hundred and eighty-nine, or 
the enforcement of the provisions of chapter three hun- 
dred and twenty of the acts of the year eighteen hundred 
and eighty-four or of acts in amendment thereof, or of the 
rules made by the commissioners appointed thereunder, 
and none of the provisions of this act, except those relat- 
ing to the power of removal, shall afiect the tenure of 
ofiice of any person now holding any office or position in 
the city, or the present powers of the board of health 
therein. Except as herein provided, the Cambridge 
water board and the commissioners of the Cambridge 
cemetery shall continue to have and exercise all powers, 
and be subject to all duties now conferred or imposed 



1891. — Chapter 364. 943 

upon them by law or ordinance until the same shall be 
modified or repealed. 

Section 39. Chapter one hundred and thirty-nine of Repeal. 
the acts of the year eighteen hundred arid thirty-two, 
chapter eighty-seven of the acts of the year eighteen hun- 
dred and thirty-five, chapter one hundred and nine of the 
acts of the year eighteen hundred and forty-six, chapter 
ninety-nine of the acts of the year eighteen hundred and 
fifty-one, chapter one hundred and fifty-five of the acts of 
the year eighteen hundred and fifty-three, the provisions 
of section one of chapter forty-four of the acts of the year 
eighteen hundred and fifty-five relating to method of 
appointment and removal of cemetery commissioners, and 
of section three of said chapter relating to execution of 
deeds by the city clerk, chapter one hundred and twelve 
of the acts of the year eighteen hundred and fifty-six, chap- 
ter seventy-five of the acts of the year eighteen hundred 
and fifty-seven, chapter one hundred and thirty-seven of 
the acts of the year eighteen hundred and fifty-nine, chap- 
ter one hundred and ninety-one of the acts of the year 
eighteen hundred and sixty-three, chapter sixty-eight of 
the acts of the year eighteen hundred and sixty-seven, 
chapter three hundred and thirty-six of the acts of the 
year eighteen hundred and sixty-nine, chapter two hun- 
dred and twenty-nine of the acts of the year eighteen hun- 
dred and seventy, chapters three hundred and thirty-seven 
and three hundred and forty-five of the acts of the year 
eighteen hundred and seventy-three, chapter forty-one of 
the acts of the year eighteen hundred and seventy-seven, 
chapter one hundred and two of the acts of the year eight- 
een hundred and seventy-eight, chapter one hundred and 
ninety of the acts of the year eighteen hundred and seventy- 
nine, chapters one hundred and three, one hundred and 
ninety-three and two hundred and thirteen of the acts of 
the year eighteen hundred and eighty-six, and chapter 
two hundred and sixty of the acts of the year eighteen 
hundred and ninety, are hereby repealed ; but such repeal 
shall not revive any act heretofore repealed, nor shall the 
repeal of said acts or the annulling of ordinances inconsist- 
ent herewith afiect any act done, liability incurred, or any 
right accrued or established, or any suit or prosecution, 
civil or criminal, to enforce any right or penalty or 
punish any ofi'ence under the authority of said acts or 
ordinances. 



9M 1891. — Chapter 365. 

Subject to Section 40. This act shall be submitted to the quali- 

acceptance bya^- r % • r r^ ^ • i 

majority vote of hecl votei's oi the citv oi Cainbriclffe for acceptance at the 

tlie voters t ~ i 

next annual municipal election held therein, and the afhrm- 
ative votes of a majority of the voters present and voting 
thereon shall be required for its acceptance. 
When to take SECTION 41. So much of this act as authorizes the 
submission of the question of its acceptance to the voters 
of said city shall take eifect upon its passage, but it shall 
not further take effect unless accepted by the voters of 
said city as herein provided. A2:)proved May 29, 1891. 

Cha,p.3G5 ^'^ -^cx to establish a commission to promote rapid transit 

FOR THE CITY OF BOSTON AND ITS SUBURBS. 

Be it enacted, etc., as follows : 

fommissi'o.ft'o Section 1. The governor Avith the advice and consent 
be appointed, of the couucil shall, within thirty days from the passage 
of this act, appoint three persons, none of whom shall be 
residents of the city of Boston, who, together with the 
mayor and city engineer of the city of Boston ex officiis, 
and the persons hereafter appointed by said mayor, under 
the order for a rapid transit commission passed by the 
city government of Boston, which was approved by the 
mayor on the twenty-eighth day of February in the year 
eighteen hundred and ninety-one, shall constitute a com- 
mission to consider the question of rapid transit for pas- 
sengers and freight in the city of Boston and its suburbs. 
Sect^ofmpid Section 2. The said commission shall forthwith pro- 
transit for ceed to investio^ate and consider the subiect of rapid transit 

passengers and „ -i r • t • t •/»t-» i • 

freightin lor passcugcrs and freight in the city of Boston and its 

Boston and its ii -it i^i i i i n 

suburbs. suDurbs, including elevated, underground and suriace 

routes, by any practicable method. The commission shall 
also consider all questions and details of construction, 
operation and maintenance ; the cost of the same ; the dam- 
ages to property ; routes, whether in the streets or else- 
where ; the location of terminal facilities and way stations ; 
the terms of any franchise to be granted to any corporation 
building or operating said roads, including in the terms 
of the franchise the compensation, if any, that shall be 
paid to the cities and towns through which it is con- 
structed ; what property, if any, should be taken, and if so 
whether by eminent domain or purchase ; rates of fare to 
be paid upon the roads ; and all other matters pertaining 
to the problem of rapid transit in said city and suburbs, 
the best method of accommodating the travelling public, 



1891. — Chapter 365. 945 

protecting the rights of property owners, and the pecuniary 
interests of said cities and towns. 

Section 3. The said commission shall appoint a clerk, Jierk'!and*may 
who shall keep a record of all its proceedings ; it may ^^l^'j^^i^^j/o^a 
establish rules and regulations for the conduct of its 
business ; it shall occupy suitable quarters, which shall be 
provided by the sergeant-at-arms in the state house or 
elsewhere. 

Section 4. The said commission shall procure esti- matesTuTcaifse 
mates and cause plans to be prepared showing the route, f^^^l]° ^^ p""^' 
cost and other details of such system or systems as they 
shall think most desirable ; they shall employ experts, and 
all necessary clerical and other assistants, and shall incur 
such reasonable expenses, including travelling expenses, 
as may be authorized by the governor and council. Before 
incurring any expenses they shall from time to time esti- 
mate the amounts required, and shall submit the same to 
the governor and council for their approval, and no expense 
shall be incurred by the commission beyond the amount 
so estimated and approved. 

Section 5. The persons appointed by the governor compensation 

r, , . in • 1 and expenses. 

under section one of this act, shall receive such compensa- 
tion as the governor and council may decide. All the 
expenses incurred by said commission as hereinbefore 
provided, apart from salaries to members of the commis- 
sion, shall be paid one half by the Commonwealth and 
one half by the city of Boston ; and it shall be the duty of 
the said city of Boston to raise, and upon the requisition 
of the said commissioners to pay, one half of said expenses. 

Section 6. The commission shall give public hearings j^°jjf^\i"^^'^° 
to any person or corporation desiring to submit plans or 
suggest routes for securing rapid transit in the said city 
and its suburbs, and shall give such notice by publication 
or otherwise as it deems necessary. Before definitely Reasonable 
deciding upon any particular route or structure, the said given. 
commission shall give public hearings, and shall give 
reasonable notice thereof by publication or otherwise as 
they may see fit, to persons owning property along said 
route, and to the cities or towns through Avhich said route 
may be located. They shall, so far as practicable, give 
actual notice to persons whose property it is intended to 
take or traverse. 

Section 7. The said commission shall report fully to nport to the 

*■ 1 J? legislature. 

with plans and estimates to the legislature on or before 



946 1891. — Chapters 366, 367. 

the first Wednesday in February in the year eighteen hun- 
dred and ninety-two, and shall append to its report a 
draft of a bill intended to accomplish the recommenda- 
tions of the commission. 
^weslEn^^"" Section 8. The authority heretofore given to the 
street Railway Wcst End Street Railway Company for the building of 

Company to , . •' i-i 'ii 

build elevated any cievated railroad in any street or highway is hereby 
pended. suspciided Until the report of the commission to the leg- 

islature and its final action thereon ; and any limit of time 
in any act granting such authority to it is hereby extended 
by a time equal to the period of such suspension. 
Vacancies in SECTION 9. Any vacancics in the commission may be 

commission. nit i i t • i i t • i <■ i 

nlled by the governor with the advice and consent or the 

council, if such vacancy occurs in the persons appointed 

by the governor, or by the mayor of Boston, subject to 

confirmation by the board of aldermen, if the vacancy 

occurs in the persons appointed by the mayor. 

^pendedouf of Section 10. The total amount of money which shall 

to'exceed"^^ °°' ^® expended out of the treasury of the Commonwealth 

$20,000. in carrying out the provisions of this act shall not exceed 

twenty thousand dollars exclusive of any sum which may 

be deemed necessary for the payment of salaries to the 

commissioners provided for in section one. 

Section 11. This act shall take effect upon its passage. 

Approved June 5, 1891. 

Ch(Xp.36Q ^N Act repealing the law relating to fenders and guards 

ON STREET RAILWAY CARS. 

Be it enacted, etc., as folloios : 

364^^'°^^^^°' Section 1. Chapter three hundred and sixty-four of 
the acts of the year eighteen hundred and ninety, entitled 
" an act relating to fenders and guards for street railway 
cars", is hereby repealed. 

Section 2. This act shall take efi*ect upon its passage. 

Approved June 3, 1891. 



Chap.Sm 



An Act relating to bonds in bastardy cases. 
Be it enacted, etc., as foUoivs : 

amfnded^ ^' Scctiou six of chapter eighty-five of the Public Statutes 

is hereby amended by adding at the end of said section 
the following words : — and may order him to be com- 
mitted until such bond is given. Such bond may be 
approved by the justice, special justice, or clerk of the 



1891 . — Chapter 368. 947 

court or trial justice requiring it, or by a bail commis- 
sioner or master in chancery, — so as to read as follows : 
— Section 6. The court or trial justice may continue Hearings on 
from time to time the hearing of such complaint, and may be^ontlnlfed*^ 
take a bond from the accused, in a sutBcient sum, and a°d bond taken. 
with sufficient surety or sureties, to the complainant, for 
the appearance of the accused before the court or trial 
justice at any hearing of the complaint at any subsequent 
time to which it may be continued, and frotn time to time 
until the final disposition of the complaint before the 
court or trial justice, and not depart without leave ; and 
may order him to be committed until such bond is given. 
Such bond may be approved by the justice, special justice. Approval of 
or clerk of the court or trial justice requiring it, or by a 
bail commissioner or master in chancery. 

Apjjroved June 4, 1891. 

An Act relating to reinsurance in companies not author- QJiav.^QS 

IZED TO DO INSURANCE BUSINESS IN THIS COMMONWEALTH. 

Be it enacted^ etc., as follows: 

Section 1 . Section twenty of chapter two hundred and ^minded ^ ^^' 
fourteen of the acts of the year eighteen hundred and 
eighty-seven is hereby amended by inserting after the 
word " Commonwealth", in the sixth line of said section, 
the words : — provided, however, that if it shall be found 
impossible to obtain in the companies authorized to transact 
business in this Commonwealth a sufiicient amount of 
insurance to cover any single risk, reinsurance of policies 
upon such risk may be permitted in companies not so 
authorized ; and whenever any such reinsurance shall be 
transacted the company effecting the same shall make a 
sworn report thereof to the insurance commissioner at the 
time of filing its annual statement, and at such other times 
as he may request, and such reinsurance shall not reduce 
the reserve which would otherwise be required on account 
of the original policy, or reduce the taxes which would 
otherwise be chargeable, or increase the amount it is 
authorized to have at risk in any town or fire insurance 
district, — so as to read as follows: — Section 20. No RcinBuiance in 
company authorized to transact the business of insurance authorized ?o do 
in this Commonwealth shall directly or indirectly contract commonweauh 
for or effect any reinsurance of any risk or part thereof 
taken by it on [)roperty in this Commonwealth with any 
company not authorized to transact such business of insur- 



948 



1891, — Chapter 369. 



Proviso. 



(7%9.369 



Amendment to 
P. 8. 100, § 9, 
cl. 5. 



Conditions in 
liquor licenses. 



ance in this Commonwealth : provided, however, that if it 
shall be found impossible to obtain in the companies 
authorized to transact business in this Commonwealth a 
sufficient amount of insurance to cover any single risk, 
reinsurance of policies upon such risk may be permitted 
in companies not so authorized ; and whenever any such 
reinsurance shall be transacted the company effecting the 
same shall make a sworn report thereof to the insurance 
commissioner 'at the time of filing its annual statement, 
and at such other times as he may request, and such rein- 
surance shall not reduce the reserve which would other- 
wise be required on account of the original policy, or reduce 
the taxes which would otherwise be chargeable, or increase 
the amount it is authorized to have at risk in any town or 
fire insurance district. And no company shall insure in a 
single hazard a larger sum than one tenth of its net assets. 
{Section 2. This act shall take effect upon its passage. 

Approved June 4, 1891. 

An Act in relation to the sale of intoxicating liquors. 

Be it enacted, etc., as follows : 

Section 1. The fifth clause of section nine of chapter 
one hundred of the Public Statutes is hereby amended by 
striking out, in the ninth line thereof, the words " shall 
not keep a public bar, and", and by inserting after the 
word " victualler", in the tenth line thereof, the words : — 
and shall not serve any spirituous or intoxicating liquors 
at a table or tables in any room in which the exclusive or 
principal business carried on is the sale of such liquors, — 
so as to read as follows : — Fifth. That there shall be no 
disorder, indecency, prostitution, lewdness, or illegal gam- 
ing on the premises described in the license, or on any 
premises connected therewith by an interior communica- 
tion. Each license of the second, third, or fifth class shall 
be subject to the further condition that no spirituous or 
intoxicating liquor, except those the sale of which is 
allowed by the license, shall be kept on the premises 
described in the license. Each license of the first, second, 
and third classes shall be subject to the further condition 
that the licensee shall hold a license as an innholder or 
common victualler ; and shall not serve any spirituous or 
intoxicating liquors at a table or tables in any room in 
which the exclusive or principal business carried on is the 
sale of such liquors, and shall specify the room or rooms 



1891. — Chapter 370. 949 

in which such liquors shall be sold or kept by a common 
victualler. No person licensed as aforesaid, and not 
licensed as an innholder, shall keep, sell, or deliver any 
such liquors in any room or part of a building not speci- 
fied in his license as aforesaid. 

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

Approved June 4, 1891. 

An Act to enable cities and towns to manufacture and dis- (JJiap.^'JO 

TRIBUTE GAS AND ELECTRICITY. 

Se it enacted, etc., as follows : 

Section 1. Any city or town may, under thelimita- ciuee and towns 
tions of this act, construct, purchase, lease or establish, ITreVnddistnb- 
and maintain within its limits one or more plants for the ekctrTcitj% 
manufacture or distribution of gas or electricity for fur- 
nishing light for municipal use, and for the use of such of its 
inhabitants as may require and pay for the same as herein 
provided. Such plants may include suitable land, struct- 
ures, easements, water privileges, stations, gasometers, 
boilers, engines, dynamos, tools, machinery, pipes, con- 
duits, poles, conductors, burners, lamps and other appara- 
tus and appliances for making, generating, distributing and 
using gas or electricity for lighting purposes. 

Section 2. No city shall exercise the authority con- subject to vote 
ferred in section one until a vote that it is expedient to appiwarof °' ' 
exercise such authority shall have passed each branch of J^tifl^atlon by 
its city council by a two thirds vote and received the majority of 

^ . 1 P • • • voters. 

approval of the mayor in each or two consecutive munici- 
pal years, and thereafter have been ratified by a majority 
of the voters present and voting thereon at an annual 
municipal election. When such a vote has failed to secure 
such ratification no similar vote shall be submitted for 
ratification until after the expiration of five years there- 
after. 

Section 3. No town shall exercise the authority con- in towns subject 
ferred in section one until after a vote that it is expedient two^thirds Vot 
to exercise such authority shall h;ive been passed by a of 'wo town- 
vote of not less than two thirds of the voters present and 
voting at each of two legal town-meetings duly called for 
the purpose, of which meetings the second shall be held at 
an interval of not less than two nor more than thirteen 
months after the first. At such meetings such vote shall 
be taken by written or printed ballot and by the use of 
the check-list. When such a vote has failed of passage as 



vote 

V 

meetings. 



950 



1891. — Chapter 370. 



May issue bonds 
payable in a 
term not exceed- 
ing thirty years, 
•witli interest 
not exceeding 
five per cent. 



Interest on 
bonds and sinlj- 
ing fund. 



Receipts and 
expenses. 



May extend or 
enlarge plant. 



hereinbefore provided at the secood of said meetings, no 
similar vote shall be passed until after the expiration of 
two years thereafter. 

Section 4. Any city or town establishing or purchas- 
ing a plant within its limits as provided in this act, or 
reconstructing, extending or enlarging the same, as pro- 
vided Jn section five, may pay for the same by the issue 
of bonds, payable in a term not exceeding thirty years and 
bearing interest at a rate not exceeding five per cent. , which 
shall not be disposed of for less than par and accrued inter- 
est, and the indebtedness thereby created shall not be in- 
cluded in the limit of indebtedness of such city or town 
provided by law ; but such bonds shall not be issued until 
a vote authorizing the same has been passed by the vote 
required by section seven of chapter twenty-nine of the 
Public Statutes, and the whole amount of bonds so issued 
by a city or town, and outstanding, shall not exceed at 
their par value the amount of five per cent, of the total 
valuation of estates therein in the case of a town, or two 
and one half per cent, of such valuation in the case of a 
city according to the last preceding state valuation. The 
interest on such bonds and a sinking fund to meet the 
same at maturity shall be provided for as required by sec- 
tion nine of said chapter twenty-nine. No indebtedness 
shall be incurred by any city or town in connection with 
such plant except as aforesaid, and excepting further that 
money may be borrowed under the provisions of section 
six of said chapter twenty-nine as amended, to pay the 
operating expenses thereof. All receipts from the sale of 
gas or electricity shall be paid over to the treasurer of 
such city or town. The gross expenses of running such 
plant and conducting such business of supplying gas or 
electric light, including interest on such bonds, and require- 
ments of the sinking fund as aforesaid, shall be included 
in the appropriations made annually or from time to time 
by such city or town, and shall be paid out of the treasury 
thereof. 

Section 5. Any city or town owning a plant for the 
manufacture or distribution of gas or electricity may re- 
construct, extend or enlarge the same, but no such recon- 
struction, extension or enlargement, beyond the necessary 
and ordinary maintenance, repair, and replacement thereof, 
except such increased appliances for the distribution of 
gas and electricity as may be necessary to I'urnish the 



1891. — Chapter 370. 951 

same to new takers, shall be undertaken or made except 
by the vote provided by section four in case of the issue 
of bonds . 

Section 6. Any city or town obtaining a plant may AsBessment 
provide by ordinance, if a city, or by by-laws, if a town, et^c?,"o°^rlm- 
for the equitable assessment upon the owner or occupant '*®^' 
of any premises of any part or the whole of the cost of 
laying and maintaining upon such premises, pipes, con- 
duits, conductors or other appliances for the distribution 
of gas or electricity to the occupants thereof. Payment 
of such assessments shall not be obligatory, but shall be 
made a condition precedent to the supply of gas or elec- 
tricity to the occupants of such premises, and may be 
exacted before providing any such appliances for such 
distribution. 

Section 7. Any city or town having obtained a plant May manufact- 
for the purpose, as provided in this act, may manufacture, etc.', under 
generate and distribute gas or electricity for furnishing u'iation"'B.^ ^^^' 
light for municipal use or for the use of its inhabitants, 
under such regulations as it may establish. No city or 
town shall be compelled to furnish gas or electricity to any 
person or corporation except upon order of the gas and 
electric light commissioners and after payment of any 
assessment provided for in section six. Any person or Remedy for 
corporation aggrieved by the refusal of any city or town aggrieved. 
supplying gas or electricity under the authority of this act 
to furnish the same may appeal to such commissioners, 
setting forth in such appeal what is required of the city or 
town, in such detail as the commissioners may require. 

Section 8, Whenever any city or town shall obtain control, man- 

li 'Ji' 1*. ii i' i-i asjenient, etc., to 

a plant as provided in section one, the operation, control, be imruBied 19 
management and repair thereof, the manufacture, genera- a" mlnagei°.°'^° 
tion and distribution of gas and electricity thereby, 
including the purchase of supplies, the hiring and dis- 
charge of employees, and all business relating to such 
manufjicture, generation and distribution, to the methods, 
amounts, times, prices and quality of the supply to each 
person and corporation, the collection of bills, the keep- 
ing of accounts and custody of moneys received for gas 
or electricity or otherwise, and the payment of bills 
incurred in said business, shall be intrusted, subject to 
any ordinances established by the city council in a city, or 
the by-laws or regulations established in a town, to one 
officer, who shall be appointed and may be removed by 



952 



1891. — Chapter 370. 



Manager to 
give bond. 



To render a 
detailed state- 
ment of his 
doings, etc. 



Books, etc., to 
be kept as pre- 
scribed by the 
board of gas 
and electric 
light commis- 
sioners. 



Returns. 



the mayor in a city, and by the selectmen in a town. 
Such officer shall be known as manager of gas, manager 
of electric light, or manager of gas and electric light, 
according as a plant for one or both may be under his 
charge. In cities, the compensation of such officer shall 
be annually fixed by the city council, and in towns by the 
selectmen. Before entering upon the duties of his office 
he shall give bond to the city or town for the faithful per- 
formance of his duties in such sum and form and with 
such sureties as the mayor or selectmen shall approve. 
He shall at the end of each municipal year render to the 
mayor or selectmen such detailed statement of his doings 
and of the business and financial matters in his charge as 
the gas and electric light commissioners may prescribe. 
He shall also at any time, when required by the mayor or 
selectmen, make to him or them a statement of his doings, 
business, receipts, disbursements, balances, and of the 
indebtedness of the city or town in his department, in 
the detail required ; and he shall pay over to the treasurer 
of the city or town all receipts collected. 

Section 9. The books and accounts pertaining to the 
business authorized by this act shall be kept in a form to 
be prescribed by the board of gas and electric light com- 
missioners, and the accounts shall be closed on the thir- 
tieth day of June in each year so that a balance sheet of 
that date can be taken therefrom and included in the 
return to said board, which return shall be for the year 
ending the thirtieth day of flune. The mayor or select- 
men and manager shall annually, on or before the second 
Wednesday of September in each year, make a return to 
said board in a form prescribed by it, setting forth the 
financial condition of said business, the amount of indebt- 
edness authorized or existing on account thereof, a state- 
ment of income and expenses in such detail as the board 
may require, with a list of salaried officers employed in 
said business and the amount of salary paid to each. 
Said return shall be signed and sworn to by the mayor or 
a majority of the selectmen, and in both cities and towns 
by the manager. The mayor of a city or the selectmen 
of a town may direct, in addition, any additional returns 
to be made at such time and in such detail as they may 
order. The mayor or selectmen and manager shall also 
at all times, on request, submit said books and accounts 
for the inspection of said board, and furnish any state- 



1891. — Chapter 370. 953 

ment or information required by the board concerning the 
condition, management and operation of said business. 

Section ]0. The price to be charged for gas or elec- Price for gas, 
tricity to persons and corporations shall be fixed, and ehanged o° tener 
shall not be changed oftener than once in three months. three°mouthB. 
Any change shall take effect on the first day of a month, 
and the new price adopted shall, before the change shall 
take effect, be advertised in some newspaper published 
in the city or town where the plant is, if any is published 
therein. Such price shall not, except with the written Not to be fixed 

, n .1 ii>*i'i^ .. , at less than cost, 

consent ot the gas and electric light commissioners, be except with 
fixed at less than cost, in which shall be included in addi- mU8ione?B,'e°t^' 
tion to all operating expenses, interest on the net invest- 
ment in plant made by the city or town, less assessments 
collected under section six, at the rate paid upon the 
bonds above provided for, together with the requirements 
of the sinking fund established to meet such bonds, and 
also depreciation of the plant, to be reckoned at not less 
than five per cent, per annum of its cost, and losses ; but 
any losses exceeding three per cent, of the investment in 
plant may be charged in different years at not more than 
such three per cent, per annum. Such price shall not be 
greater than shall allow above such cost a profit of eight 
per cent, per annum to the city or town upon its net 
investment. In fixing such cost to establish the price to 
be charged to persons and corporations the gas and elec- 
tricity used by the city or town shall be charged to it at 
cost. A sufficient deposit to secure the payment for gas Deposit from 
or electricity for three months may be required in advance may b*e'r'eq^i^red 
from any taker, and the supply may be shut off from any in advance, etc. 
premises until all arrearages for gas or electricity furnished 
thereon, to whomsoever furnished, shall be paid. After 
three months default in the payment of such arrearages 
all appliances for distribution belonging to the city or 
town on such premises may be removed, and after such 
removal shall not be restored except on payment of all 
such arrearages, and a sufiicient sum to cover all expenses 
caused by removal and restoration. 

Section 11. Any city operating a plant under this ordinances, 
act may pass ordinances, and any town operating a plant pssed.Tmp^os- 
underthis act may, subject to the approval of the superior i^g penalties. 
court, adopt by-laws imposing penalties not exceeding 
fifty dollars to protect its plant, control its use, prevent 
accidents from gas or electricity supplied by such city or 
town, and govern consumers in their use thereof. 



954 



1891. — Chaptek 370. 



Purchase of 

plants already 
established. 



Estimation of 
value. 



Sectiox 12. AA'hen any city or town shall decide as 
hereinbefore provided to establish a plant, and any person, 
firm or corporation shall at the time of the first vote 
required for such decision l)e engaged in the business of 
making, generating or distributing gas or electricity for 
sale for lighting purposes in such city or town, such city 
or town shall, if such person, firm or corporation shall 
elect to sell and shall comply w4th the provisions of this 
act, purchase of such person, firm or corporation before 
establishing a public plant, such portion of his, their or its 
gas or electric plant and property suitable and used for 
such business in connection therewith as lies wuthin the 
limits of such city or town. If in such city or town a 
single corporation owns or operates both a gas plant and 
an electric plant, such purchase shall include both of such 
plants, but otherwise such city or town shall only be 
obliged to purchase the existing gas plant or plants if it 
has voted only to establish a gas plant, and shall only be 
obliged to purchase the existing electric plant or plants if 
it has only voted to establish an electric plant. If the 
main gas works, in the case of a gas plant, or the central 
lighting station, in the case of an electric light plant, lie 
within the limits of the city or town which has voted to 
establish a plant as aforesaid, such city or town shall pur- 
chase as herein provided the whole of such plant and 
property used in connection therewith, lying within its 
limits, and the price to be paid therefor shall be its fair 
market value for the purposes of its use, no portion of 
such plant to be estimated, however, at less than its fair 
market value fur any other purpose, including as an 
element of value the earning capacity of such plant based 
upon the actual earnings being derived from such use at 
the time of the final vote of such city or town to establish 
a plant, and also any locations or similar rights acquired 
from private persons in connection therewith, plus the 
damages suffered by the severance of any portion of such 
plant lying outside of the limits of such city or town, and 
minus the amount of any mortgraije or other encumbrance 
or lien to which the plant so purchased, or any part 
thereof, may be subject at the time of transfer of title ; 
but such city or town may require that such plant and 
property be transferred to it free and clear from any 
mortgage or lien, unless the commissioners appointed 
under the provisions of section thirteen of this act shall 



1891. — Chapter 370. 955 

otherwise determine. Such value shall be estimated 
without enhancement on account of future earning capac- 
ity, or good will, or of exclusive privileges derived from 
rights in the public streets. When any capital has been Capital. 
paid in, in property instead of in cash, the valuation 
placed upon such property in estimating it as paid in 
capital shall not be conclusive in estimating its value 
under the foregoing provisions, but may be disputed by 
a city or town, and if shown to have been excessive may 
be reduced by the authority fixing the price of the plant 
and property as hereinafter provided. If the main gas 
works or central lighting station of such a plant do not 
lie within the limits of the city or town which has voted 
as aforesaid, then such city or town shall only purchase 
that portion of such plant and property which lies within 
its limits, paying therefor upon th(3 basis of value above 
established, but without allowance of damages on account 
of severance of plant. No city or town shall be obliorated ^ot obligated to 

. i 'J _ O buy apparatus, 

by this section to buy any apparatus or appliances covered etc covered by 
by letters patent of the United States or embodying a pat- tte United 
entable invention unless a complete right to use the same etc/*"°^*^' 
and all other apparatus or appliances necessary for such 
use within the limits of such city or town, to such extent as 
such city or town shall reasonably require such right, shall 
be assigned or granted to such city or town at a cost as 
low as the cost of such right would be to the person, firm 
or corporation whose plant is purchased. 

Section 13. Any person, firm or corporation desiring Enforcement of 
to enforce the obligation of any city or town under section purchasTunder 
twelve to purchase any property shall file with the clerk section twelve. 
of such city or town, within thirty days after the passage 
of the final vote whereby such city or town shall have 
decided to establish a plant, a detailed schedule describing 
such property and stating the terms of sale proposed. If 
the parties fail to agree as to what shall be sold, or what 
the terms of sale and delivery in accordance with the pro- 
visions of this act shall be, either party may within sixty 
days after the tiling of the schedule apply by petition to 
the supreme judicial court, or any justice thereof, setting 
forth the facts and praying an adjudication between the 
parties, and thereafter such court or justice shall, after 
giving both parties an opportunity to be heard, apimint a 
special commissioner or commissioners, who shall give the 
parties an opportunity to be heard, and shall thereafter 



956 



1891. — Chapter 370. 



Party aggrieved 
by award of 
commissioners 
may apply to 
the court for a 
hearing. 



Rights of corpo- 
ration, etc., to 
cease after 
plant has been 
acquired by city 
or town. 



Responsibility 
for injury or 
damage. 



General laws 
and ordinances 
to apply. 



adjudicate what property, real or personal, including 
rights and easements, shall be sold by the one and pur- 
chased b}^ the other, in accordance with the ))rovisions of 
this act, and what the price, time and other conditions of 
the sale and delivery thereof shall be. Such commissioner 
or commissioners shall file his or their award in the 
supreme judicial court for revision or confirmation by said 
court. 

Section 14. Any party aggrieved by the award of the 
commissioner or commissioners may within fourteen days 
after its filing, or within such longer time as the court may 
allow, file objections thereto, and apply to the court for a 
hearing on such award relative to any matter of fact or 
law pertaining to the same, and thereupon the court shall 
order a trial to be had before said court or a justice thereof, 
after due notice to all parties interested in the matter of 
said award, in the manner of hearings in equity. The 
decree of the court upon said award shall be final and 
binding, and said court shall have jurisdiction in equity 
to compel compliance therewith, and may also issue and 
enforce such interlocutory decrees and orders as justice 
may require. 

Section 15. Whenever the existing gas plant or elec- 
tric plant of any person or corporation shall have been 
acquired by any city or town pursuant to the provisions 
of this act, the powers and rights of such person or corpo- 
ration in relation to the manufacture and distribution of 
gas or electricity within the limits of such city or town 
shall, from and after the date of such acquirement, cease 
and determine. 

Section 16. Any city or town owning or operating a 
plant or plants for the manufacture or distribution of gas 
or electricity for furnishing light under this act, shall be 
responsible for any injury or damage to persons or prop- 
erty, happening or arising by reason of the maintenance 
or operation of the same, in the same manner and to the 
same extent as though the same were owned and operated 
by an individual or private corporation ; but nothing in 
this act shall be construed to include damages to any exist- 
ing gas or electric plant in a city or town by reason of the 
establishment of a competing line or plant under authority 
of this act. 

Section 17. All general laws of the Commonwealth, 
and all ordinances or by-laws of an}' city or town availing 



1891. — Chapter 370. 957 

itself of the provisions of this act, relative to the manufact- 
ure, use, generation or distribution of gas or electricity, 
or the quality thereof, or plant or the appliances therefor, 
shall apply to such city or town, so far as the same may 
be applicable and not inconsistent with this act, in the 
same manner as the same apply to persons and corpora- 
tions enofao^ed in makino-, generatino^ or distributing gas or 
electricity therein. 

Section 18. Nothing herein shall be construed to take Rights of towns, 

.., • . -li c -li etc., to revoke 

away, restrict or mipair any rights or any city, town or locations not 
other authority which may now exist to revoke locations "^P^i^ed. 
of wires, poles, conduits or pipes in, over or under their 
streets or ways : provided, however, that no city or town Proviso. 
having within its limits the main gas works, in the case of 
a gas plant, or the central lighting station, in the case of 
an electric light plant, or the major portion of the wires, 
poles, conduits or pipes used in connection with any such 
works or plants, shall, except for a violation of the terras 
or conditions upon which the same were granted or for a 
violation of law respecting the exercise thereof, revoke 
any rights heretofore granted, or which may hereafter be 
granted, to any person or corporation engaged in the busi- 
ness of makino;, oreneratinof or distributinsr eras or elec- 
tricity for sale for lighting purposes, after the first passage 
by the city council, in the case of a city, of the vote pro- 
vided for by section two, or while such vote is pending in 
either branch thereof, or in the case of a town, after the 
passage of the first vote provided for in section three, or 
after the calling of a town-meeting at which the passage of 
such vote is included in the warrant ; provided, however, Proviso. 
that in case in either a city or town the second vote pro- 
vided for by this act shall fail of passage, or in a city shall 
fail to receive the approval of the mayor or the ratification 
of the voters in accordance with this act, then such city or 
town may exercise all rights of revocation, if any, which 
it possessed prior to the passage of such first vote, until 
such first vote is again passed, or pending or included in 
the warrant as above provided. And after the passage 
and ratification of both votes as provided in section two, 
by a city, and after the passage of both votes as provided 
by section three, by a town, no such city or town shall, 
except as hereinbefore provided, revoke any rights, loca- 
tions or licenses granted to any such person or corpora- 
tion. The provisions of this section shall apply, in the 



958 1891. — Chapters 371, 372. 

case of a city, whether such revocation shall be made by 
both branches of the city government or by either branch 
thereof. 

Section 19. This act shall take eflfect upon its passage. 

Approved June 4, 1891. 

Chap.S7\ ^^ -^^'^ KELATINQ TO THE EMPLOYMENT OF PRISONERS. 

Be it enacted, etc., as folloios : 

amended.^"' SECTION 1. Section two of chapter four hundred and 

three of the acts of the year eighteen hundred and eighty- 
eight is hereby amended by striking oat the words " two 
hundred and ", in the fifteenth line of said section, so as to 

Limit of num- read as follows; — Section 2. The number of persons 

ber of prisoners , ,. 'ij -ii ,, • -hi i 

to be employed, employed m any industry in the state prison, Massachu- 
setts reformatory, or reformatoiy prison for women, or in 
any house of correction, shall not exceed one twentieth 
of the number of persons employed in such industry in 
the state, according to the classification "fiven in the census 
of eighteen hundred and eighty, unless a larger number 
is needed to produce articles to be supplied to state and 
county institutions, as provided in section thirteen of said 
chapter. If said cl.-issification does not give the number 
employed in any industry in the state, the limit to the 
number who may be so employed in any institution in any 
industry shall be as provided by chapter two hundred and 
seventeen of the acts of the year eighteen huudred and 

Proviso. eighty-three : provided, however, that fifty prisoners may 

be employed in the manufacture of brushes at the house of 
correction at Cambridge, upon the public account system, 
so called. 

Section 2. This act shall take effect on the first day of 
January in the year eighteen hundred and ninety-two. 

Approved June 5, 1891. 

Chcip,372l -^^ "^^^ "^^ AUTHORIZE THE GRADING AND CLASSIFriNO OF PRISONERS 

IN THE STATE PRISON. 

Be it enacted, etc. , as follows : 

f]lteiffmg^ Section 1. The warden of the state prison, with the 

prisoners in the approval of the board of prison commissioners, shall make 

state prison. ^* . . ^ -. ■ . . ' . 

provision tor grading and classiiying the prisoners in the 
state prison, and with the same approval shall establish 
rules for dealing with them according to their conduct and 
industry. 



1891. — Chapters 373, 374. 959 

Section 2. In making the enlargement and extension solitary labor. 
of the north wing of said prison, as authorized by chapter 
fifty-five of the resolves of the year eighteen hundred and 
ninety, the governor and council may provide facilities 
for confining to solitary labor such convicts as are obstinate 
and refractory. A2)2)roved June 5, 1891. 

An Act in addition to an act making an appropriation for OJiQrv^ 373 

TBE STATE HOUSE LOAN SINKING FUND, 1901. ^ 

Be it enacted, etc., asfoUoivs: 

Section 1. The sum of seven thousand dollars and t}'Pl°J'l}^ll°'' 

tor tlie state 

three cents is appropriated, to be paid out of the treasury ^°"f® '^'"{gi?^' 
of the Commonwealth from the ordinary revenue, for the 
state house loan sinking fund, 1901, as authorized by 
chapter two hundred and twenty-four of the acts of the 
present year, being in addition to the seventy thousand 
and twelve dollars and twenty-three cents appropriated by 
chapter three hundred and thirty-two of the acts of the 
present year. 

Section 2. This act shall take efi*ect upon its passage. 

Approved June 5, 1S91. 



Chap.374: 



An Act relative to the sale of articles containing arsenic 
Be it enacted, etc., as follows : 

Section 1. Whoever by himself or by his servant or Manufacture, 
agent, or as the servant or agent of any other person, dren'stoya.etc, 
manufactures, sells or exchanges, or has in his custody or arrenirpfohi- 
possession with intent to sell or exchange, or exposes or ^^|,n'ait""'''^'^ 
oflers for sale or exchange, any children's toys or confec- 
tionery, containing or coated wholly or in part with arse- 
nic, shall be punished by fine of not less than fifty nor 
more than one hundred dollars. 

Section 2. The state board of health may make such investigations to 

. . , , "^ be made by the 

investigations and inquiries as they deem necessary as to state board of 
the existence of arsenic in any paper, fabric or other article 
offered for sale or exchange, and for that purpose may 
appoint inspectors and chemists, and expend an amount 
not exceeding one thousand dollars, and report to the next 
legislature in print on or before the first day of February 
in the year eighteen hundred and ninety-two. 

Section 3. Every person offering or exposing for sale samples to be 
or exchange any paper, fabric or other article shall furnish auluy^s^e.^ ^""^ 
a sample thereof sufficient for the purpose of analysis. 



960 



189i:— Chaptebs 375, 376. 



Penalty. 



where such sample can be obtained without damage to 
the remainincr portion, to any inspector, chemist or other 
agent or officer employed by the state board of health, 
who shall apply to him theretbr for that purpose and who 
shall tender him the value of the same. Whoever violates 
the provisions of this section shall be punished as provided 
in section one of this act. Apj^roved June 3, 1891. 



Ch(ip375 ^^ -^^^ "^O ESTABLISH TBE SALARIES OF THE CLERKS IN THE 

auditor's DEPARTMENT. 



Salary of first 
clerk. 



Second clerk. 



Extra clerks. 



Be it ejiacted, etc., as folloivs: 

Section 1. The salary of the first clerk in the depart- 
ment of the auditor of the Commonwealth, beginning with 
the first day of January in the year eighteen hundred and 
ninety-one, shall be twenty-two hundred dollars per 
annum, and at the same rate for any portion of a 
year. 

Section 2. The salary of the second clerk in the 
department of the auditor of the Commonwealth shall be 
two thousand dollars per annum, beginning with the first 
day of January in the year eighteen hundred and ninety- 
one, and at the same rate for any portion of a year. 

Section 3. The salary of each of the extra clerks in 
the department of the auditor of the Commonwealth, 
beginning with the first day of January in the year eight- 
een hundred and ninety-one, shall be fifteen hundred 
dollars per annum, and at the same rate for any portion 
of a year. 

Section 4. This act shall take efl:ect upon its passage. 

Approved June 5, 1891. 



Chttp.SlG -^^ ■^^'^ i^ addition to an act to authorize the city of 

CHELSEA TO PROVIDE FOR PAYING AND REFUNDING ITS FUNDED 
DEBT. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter two hundred and 
forty-eight of the acts of the year eighteen hundred and 
ninety-one is hereby amended by striking out the words 
"nineteen hundred and eleven", and inserting in place 
thereof the words : — eighteen hundred and ninety-one, — 
so as to read as follows : — Section 1. The city of Chel- 
sea is hereby authorized to apply, during the month of 
December in the year eighteen hundred and ninety-one, its 



1891, 24S, § 1, 
amended. 



Payment of 
existing funded 
debt. 



1891. — Chapter 377. 961 

existing sinking fund and any additions thereto to the 
payment of its existing funded debt. 

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

Approved June 5, 1891. 



Cha2).^77 



An Act relative to laying out a public highway and con- 
structing A bridge across the CONNECTICUT RIVER BETWEEN 
HOLYOKE AND CHICOPEE. 

Be it enacted, etc. , as follows : 

Section 1. Section one of chapter three hundred and ameLded.^^' 
fifty of the acts of the year eighteen hundred and eighty- 
nine is hereby amended by striking out, in the second • 
line thereof, after the word " required", the words " with- 
in two years from the passage of this act ", and inserting 
in place thereof the words : — before the first day of Jan- 
uary in the year eighteen hundred and ninety-two, — and 
by striking out the word " town ", in the sixth line of said 
section one, and inserting in place thereof the word: — 
city, — also by striking out the word " two ", in line ten, 
and inserting in place thereof the word: — three, — and 
by adding, at the end of said section one, the following 
words : — and all contracts for the building of said bridge 
and approaches and the doing of the work required by this 
act shall be made and let by said county commissioners be- 
fore the first day of July in the year eighteen hundred and 
ninety-one ; and in the event that said county commis- 
sioners shall neglect or fail to make and let said contracts 
before said first day of July in the year eighteen hundred 
and ninety-one, the supreme judicial court sitting within 
and for said county of Hampden shall, upon the applica- 
tion of any citizen of said county, by mandamus, compel 
said county commissioners to immediately make and let 
said contracts and to perform the duties required of them, 
the said county commissioners, by this act, — so that said 
section as amended shall read as follows: — Section 1. ^tc°*of"bridge 
The county commissioners of the county of Hampden are across cou- 

»/ I- n6cticut riVGT 

hereby authorized and required before the first day of between 
January in the year eighteen hundred and ninety-two, to HoiyXe!*" 
lay out a public highway and construct a bridge, with suit- 
able approaches, across the Connecticut river between the 
city of Holyoke and that part of the city of Chicopee known 
as Williraansett, from the point of intersection of the 
centre line of Cabot street with the centre line of Canal 
street in said Holyoke to a point in said Williraansett not 



962 1891. — Chapter 378. 

more than three hundred and fifty feet southerly from the 
Contracts. bridge of the Connecticut River R.aih'oad Company ; and ail 
contracts for the building of said bridge and approaches, 
and the doing of the work required by this act shall be 
made and let by said county commissioners before the first 
day of July in the year eighteen hundred and ninety-one ; 
and in the event that said county commissioners shall 
neglect and fail to make and let said contracts before said 
first day of July in the j^ear eighteen hundred and ninety- 
one, the supreme judicial court sitting within and for said 
county of Hampden shall, upon the application of any citi- 
zen of said county, by mandamus, compel said county com- 
missioners to immediately make and let said contracts and 
to perform the duties required of them, the said county 
commissioners, by this act. 

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

Approved June 5, 1891. 



Chap 



.378 -^^ ^^"^ "^^ LEGALIZE THE ACTION OF THE TOWN OF DANVERS IN 
ESTABLISHING AN ELECTRIC LIGHT PLANT AND TO ADTHORIZE 
SAID TOWN TO GENERATE AND DISTRIBUTE ELECTRIC LIGHT AND 
POWER. 



Be it enacted, etc., as folloios: 
Action of town Sectiox 1. All things done bv the town of Danvers 

ratihed and o_ 

confirmed. or by any agent or committee of said town, by virtue and 
in pursuance of a vote of the said town passed at a meet- 
ing of the inhabitants thereof called for that purpose and 
held on the sixteenth day of March in the year eighteen 
hundred and eighty-eight, authorizing the purchase and 
erection of an electric light plant for said town, are hereby 
ratified, confirmed and made legal to the same extent as 
though said town had, prior to said vote, been authorized 
by law to pass the said vote to purchase and erect the said 
plant and to do all other things done by said town or any 
agent or committee of said town thereunder, so far as the 
same may be ratified, confirmed and made legal by this 
act. 

telTs*^^*™^'*' °* Sectiox 2. An}' tax which has been assessed on the 
polls or property within said town by the assessors of said 
town of Danvers by reason of any appropriation of money 
made for the construction, maintenance, care or supervi- 
sion of said electric light plant, and which shall be recov- 
ered back by the party paying the same by reason of any 
illegality of the vote making said appropriation or in the 



1891. — Chapter 378. 963 

assessment thereof, may be reassessed in the manner pro- 
vided for reassessment of taxes by sections seventy-nine 
and eighty of chapter eleven of the Public Statutes, so far 
as the same are applicable. 

Section 3. All thing-s done, all loans made and all Loans made, 
notes or other vouchers given to secure, or as evidence ot 
any debt, loan or loans, made by said town of Danvers 
or any agent or committee thereof b}^ authority of the vote 
mentioned in section one of this act shall, on acceptance 
of the provisions of this act as hereinafter provided for, 
be ratified, affirmed, adopted and acknowledged as the act, 
loan, debt, note or other voucher of said town, and to all 
intents and purposes, and to the full legal effect and obli- 
gation, and to the same extent as if said town of Danvers 
had been authorized by law to pass said vote and to do all 
things done thereunder, so far as the same are not legal- 
ized and confirmed by section one of this act. 

Section 4. Said town of Danvers may maintain the May maintain 
electric light plant established by it, for the purpose of eBtfbUshed"' 
municipal use and for the purpose of supplying its inhabi- 
tants with electric light and power, and may maintain lines 
of wire for the transmission of the same upon, along or 
under the highways and public ways, and across any 
waters within the limits of said town, by the erection of 
posts, piers, abutments and conduits necessary to sustain 
the wires of its lines. 

Section 5. Said town may from time to time enlarge May enlarge 
its electric plant or reconstruct the same, but no enlarge- re^corTst'ruct the 
ment, reconstruction or extension of said plant beyond the *'"^®- 
necessary and ordinary repair and replacement thereof, 
except such increased appliances for the distribution of 
electricity as may be necessary to furnish the same to new 
takers, shall be made beyond what may be paid for from 
the current income of the year, with other municipal 
expenses, without a vote therefor of two thirds of the 
legal voters i)resent and voting at a town-meeting legally 
called for the purpose, at which the check-list shall be 
used. 

Section 6. For the purposes of this act said town May take land, 
may use any unoccupied land now owned by it, or may *"^' 
take, at a meeting called for that purpose, any land within 
its limits not exceeding one acre and not already appro- 
priated to public uses." The selectmen of said town shall, ^f,',"a'be°"obe 
within sixty days after said takins;, file in the registry of filed in the 

•/ »/ kD ^ o •/ registry of 

deeds for the southern district of the county of Essex such deeds. 



964 



1891. — Chapter 378. 



Damages sus- 
tained to be 
paid by the 
town. 



May incur an 
additional debt 
not exceeding 
$15,000. 



Securities may 
be sold or 
pledged. 



May provide for 
payment of loan 
in annual 
proportionate 
payments. 



a description of the land so taken as is required in a com- 
mon conveyance, and a statement of the purpose for which 
the land is taken, which description and statement shall be 
signed by the selectmen or a major part of them, and the 
title of such land shall vest in the town of Dauvers from 
the date of such filing. 

Section 7. All damages sustained by such taking shall 
be paid by the town ; and the selectmen shall within the 
time allowed for filing the above description and statement, 
estimate and award to the parties injured by such taking 
the amount of damage sustained thereby by each person, 
and shall within sixty days after such estimate is made file 
with the town clerk a certificate of such award. If the 
amount of damages awarded by the selectmen is not 
accepted by the party claiming damages the same may be 
assessed and determined in the manner provided by law in 
the case of the laying out of town ways, upon application 
made therefor or within one year after such filing in the 
registry of deeds but not afterwards. If the damages 
awarded by a jury exceed the damage awarded by the 
selectmen the party applying for a jury shall recover costs, 
otherwise the town shall recover costs. 

Section 8. Said town of Danvers may for the pur- 
poses of this act incur a debt not to exceed fifteen thou- 
sand dollars in addition to the sum already expended by 
said town for its existing electric light plant, and may 
from time to time issue bonds, notes or scrip not exceed- 
ing such sum. Such bonds, notes or scrip shall bear on 
their face the words Danvers Electric Loan, and shall be 
payable at the expiration of periods not exceeding twenty 
years from date of issue, and shall bear interest payable 
semi-annually at a rate not exceeding five per cent, per 
annum, shall be signed by the treasurer and countersigned 
by the selectmen of the town. The said town may sell 
such securities at public or private sale or pledge the same 
for money l)orrowed for the purposes of this act upon such 
terms and conditions as it may deem proper : 'provided, 
that such securities shall not be sold or pledged for less 
than the par value thereof and accrued interest. 

Section 9. Said town may, at the time of making any 
loan authorized by this act, provide for the payment 
thereof in such annual proportionate instalments as will 
extinguish the same within the time prescribed in this 
act ; and when such provision has been made the amount 



1891. — Chapter 378. 965 

required thereby shall without further order 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. If said town does not make such provi- 
sion said loan shall be subject to all the provisions of sec- 
tion nine of chapter twenty-nine of the Public Statutes. 

Section 10. The return required by section ninety-one Return to state 
of chapter eleven of the Public Statutes shall state the sinking fund 
amount of any sinking fund established under this act, and established. 
if none is established whether action has been taken in 
accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the 
current j^ear. 

Section 11. Said town shall raise annually by taxation to raise by 

1 . 1 .,, ,1 • 1 • 1 p i i taxation suflS- 

a sum which, with the income derived trom rents or rates cientwith 
of light and power, shall be sufficient to pay the current pay^eum;nt° 
annual expenses of operating its electric works and the expenses. 
interest as it accrues on the bonds, notes and scrip issued 
as aforesaid by said town, and will make such contributions 
to the sinking fund and payments of the principal as may 
be required under the provisions of this act. 

Section 12. The control, management, repair and be Entrusted to° 
improvement of said electric light plant, and the manufact- such officers as 

. . IT • 1 • (. 1 • • J J^ 1 town mav 

ure, generation and distribution ot electricity thereby, order. 
including the purchase of supplies, hiring and discharge of 
employees, and all business relating to such manufacture, 
generation and distribution, and to the methods, amounts, 
times, prices and quality of the supply to each person and 
corporation, the collection of bills, the keeping of accounts, 
the custody of moneys received for electric light or power 
or otherwise, and the payment of bills incurred in said 
business, shall be intrusted to such officer or officers as the 
town may from time to time order or appoint, and who 
shall be subject to such orders, rules and regulations as 
the town may from time to time make. 

Section 13. Such officer or officers shall, at the end detailed etate- 

, . ' , meut of cost of 

of each municipal year, render to the town a detailed state- maintaining 

etc. to l)G BUD- 

ment of the cost of maintaining said plant and of his or mitt'edatend 
their doings, and of all the business and financial matters °f"^®>'<^'"- 
in his or their charge ; also he or they shall make in said 
annual statement a report of the condition of the plant 
under his or their charge, and any extension, reconstruc- 



966 



1891. — Chapter 379. 



tion or alteration thereof that may be deemed necessary 
or desirable. A copy of said report shall be sent to the 
board of gas and electric light commissioners of the 
Commonwealth. 

Section 14. Said town may, subject to the approval 
of the superior court, pass by-laws imposing penalties not 
exceeding fifty dollars, to protect its plant, control its use, 
to prevent accidents by electricity generated thereby, and 
govern consumers in the use thereof. 

Section 15. This act shall take eflect on its acceptance 
two thirds^'vote. by Said town by a two thirds vote of those present and 
voting at a legal meeting called for that purpose ; which 
meeting shall be called within six months after the pas- 
sage of this act. Approved June 6, 1891. 



May pass by- 
laws imposing 
penalties. 



Subject to ac 
ceptance by a 



Chap.379 



Court to have 
exclusive 
original juris- 
diction. 



Trials. 



Clerk of court 
■where indict- 
moDt is en- 
tered to notify, 
etc., the chief 
justice and the 
attorney- 
general. 



Action of court 
upon plea of 
prisoner. 



An Act relating to prosecutions for capital crimes. 
Be it enacted^ etc., as follows : 

Section 1. The superior court shall have exclusive 
original jurisdiction of capital crimes, and for this purpose 
shall be always open in every county. 

Section 2. In capital cases all proceedings except the 
trial of indictments may be had before a single justice. 
The trial of an indictment for a capital crime shall be 
before three justices, either at a regular sitting or at any 
time specially assigned therefor. Upon such trial excep- 
tions may be alleged and taken as in other criminal cases, 
and may be entered and determined either at the law sit- 
ting of the supreme judicial court held for the county in 
which they arise, or, upon the order of the justices before 
whom the trial is had, at the law sitting of the supreme 
judicial court for the Commonwealth. After a decision 
upon exceptions, the judgment may be entered and sen- 
tence passed, or preliminary proceedings for a new trial 
may be had in the superior court held by a single justice. 

Section 3. The clerk of the superior court for the 
county in which an indictment for a capital crime has been 
entered shall forthwith send notice thereof, with a copy of 
the indictment, to the chief or first justice of the superior 
court, and to the attorney-general ; and a time may there- 
upon be appointed by any justice of said court for the 
arraignment of the prisoner, which may be had either dur- 
ing any regular sitting or in vacation. 

Section 4. If the })risoner plead guilt}', the court may 
award sentence against him ; if he does not plead guilty, 



1891. — Chapter 379. 9(37 

the court may assign him counsel and take all other meas- 
ures preparator}" to a trial. The trial shall be had as soon Trial to be had, 
after the finding of an indictment as the other official duties ^^^' 
of the justices will admit and the circumstances of the case 
require. 

Section 5. An indictment for a capital offence found indictmems 

_^ -\Ti 1J11 •! round in Dukes 

in the county of Dukes County or iSantucket shall be tried county or 
at a court to be held in the county of Bristol; and the tried 'in Bris'iui'^ 
court for that purpose shall be convened and held and all *^°"°'>'- 
the proceedings in relation thereto conducted as when held 
in the county where an indictment is found. The court 
in such case may, from time to time during the pendency 
of the indictment, make such orders as may be proper 
regarding the place of confinement of the person accused. 
But the expenses of his keeping shall in all cases be paid 
by the county in wdiich the indictment is found. 

Section 6. Upon the petition of a person indicted for venuemaybe 
a capital offence, the court may order a change of venue to adjc^l^ug" ''^ 
any county adjoining the county in which the indictment county. 
was found, when in the opinion of the court an impartial 
trial cannot be had in the county where the case is pend- 
ing ; and on such order the court shall have full jurisdic- 
tion in the premises in the county to which such change 
ma}' be made. All other proceedings in such case shall 
be the same, as nearly as may be, as if the indictment had 
been originally entered in such adjoining county. 

Section 7. Upon the entry of such order upon the Papers to be 
docket, the clerk of the superior court in the county where county ti"\4ikh 
the indictment is pending shall forthwith transmit the channel 
original indictment, with the papers in the case and a duly 
certified copy of said order, jto the clerk of the superior 
court for the county to Avhich the venue has been changed ; 
and the clerk receiving the indictment so transmitted shall 
make immediate entry of the case upon the docket of 
the superior court for such county. 

Section 8. When the venue is changed under the pre- District attor- 
ceding sections, the district attorney for the county in "ame"diuy%tc., 
which the indictment was found shall continue to have the veuue"hadnot 
the same duty and authority in the case that he would been changed. 
have had if the venue had not been changed. 

Section 9. When a change of venue is ordered, the Prisoner to be 
sheriff having custody of the person charged shall forth- siu'r^iff of ° 
WMth deliver him to the sheriff* of the county to which the veHl'.eV.^sbeen" 
venue has been changed, and the sherifi' thereof shall oh""^'"^'- 



968 



1891. — Chapter 379. 



Altoiney-gen- 
eiiil to appear 
for the <Jom- 
monwealth. 

Amendment to 
P. 8. 213, § 28. 



Prisoner to be 
served with 
•copy of indict- 
ment, etc. 



Prisoner, if 
insane, may be 
removed to a 
state lunatic 
hOBpital. 



Amendment to 
P. 8. 150, § 5. 



Repeal. 



Superior court, 
etc , to liave 
same powers 
and duties as 
now vested in 
supreme judi- 
cial court. 



receive and safely keep him, in the same manner as if the 
indictment had been found in that county. 

Section 10. The attorney-general shall appear for the 
Commonwealth in the trial of indictments for capital 
crimes. 

Section 1 1 . Section twenty-eight of chapter two 
hundred and thirteen of the Public Statutes is hereby 
amended by striking out, in each of the sixth and eighth 
lines thereof, the words " supreme judicial", and insert- 
ing in place thereof, in each of said lines, the word : — 
superior, — so as to read as follows: — Section 28. As 
soon as may be after the finding of an indictment for 
murder, the party charged, when in custody, shall be 
served with a copy thereof by the sheriff or his deputy, 
with an order of the court notifying him, if the indictment 
is found in the county of Dukes County or Nantucket, 
that the indictment will be entered forthwith upon the 
docket of the superior court in the county of Bristol, 
and, if found in any other county, that it will be entered 
forthwith upon the docket of the superior court in said 
county. 

Section 12. When a person indicted for a capital 
crime is, at the time appointed for the trial, or at any time 
prior thereto, found to the satisfaction of the court to be 
insane, the court may cause him to be removed to one of 
the state lunatic hospitals, for such a term and under such 
limitations as it may direct. 

Section 13. Section five of chapter one hundred and 
fifty of the Public Statutes, relating to the jurisdiction of 
the supreme judicial court, is hereby amended by striking 
out the words "of the trials^ of indictments for capital 
crimes ", in the second line thereof. 

Section 14. Sections eighteen, ninetlien, twenty, 
twenty-four, twenty-six, twentj'-seven, twenty-eight and 
twenty-nine of chapter one hundred and fifty, and sec- 
tions twenty-nine and thirty of chapter two hundred and 
thirteen of the Public Statutes are hereby repealed. 

Section 15. Except as herein otherwise provided, the 
superior court and the several justices and clerks thereof 
shall have and exercise the same powers and duties respec- 
tively in all matters concerning indictments for capital 
crimes, and in all i)roceedings under the same, as are now 
vested in and imposed upon the supreme judicial court 
and the several justices and clerks thereof. 



1891. — Chapter 380. 969 

Section 16. This act shall not be applicable to cases Not applicable 
where indictments for capital crimes shall have been imHctments'are 
entered upon the docket of the supreme judicial court in thuTcuaker 
any county before the date of its taking effect. «''^«'='- 

Approved June 6, 1891. 



Ckap.380 



An Act to provide for the appointment of a board of 
sewerage commrssioners for the city of woburn and to 
define their powers and duties. 

Be it enacted, etc., as foHoivs : 

Sectiox 1. Within thirty days after the passas^e of b°»'''^ °M«'^'^''- 

J J tr o a£;e cotumis- 

this act the mayor of the city of Woburn shall appomt, sfoneratobe 
subject to confirmation by the board of aldermen of said 
city, three able and discreet persons, qualified voters in 
said city, who shall constitute a board of sewerage com- 
missioners. One person so appointed shall be designated Term of office. 
to hold and shall hold his ofiice until the first day of May 
in the year eighteen hundred and ninety-two, one until the 
first day of May in the year eighteen hundred and ninety- 
three and one until the first day of May in the year eight- 
een hundred and ninety-four, or until their successors 
respectively are appointed and qualified ; and the mayor 
of said city shall, in the month of April in the year 
eighteen hundred and ninety-two and in each year there- 
after, appoint in the manner aforesaid one person, quali- 
fied as aforesaid, to be a sewerage commissioner for the 
term of three years from the first day of May then next 
ensuing or until another is appointed in his place. In case 
of a vacancy occurring by reason of the death, resignation or vacancies, 
removal from office of any one of the commissioners 
appointed as aforesaid, during the term for which he is 
appointed, th^ mayor shall appoint in the manner afore- 
said a person qualified as aforesaid, for the residue of said 
term. The members of said board shall be sworn to the Members to be 
faithful discharge of their duties by the city clerk of said \ZnllAon^' 
city or any justice of the peace, shall each receive such chairman. 
compensation, not exceeding two hundred dollars per 
annum, as the city council may determine, and shall annu- 
ally in the month of May organize by the choice of a chair- 
man from their own number. 

Section 2. Said board shall have power to employ May employ 
such surveyors, engineers or clerks or other officers as neersfetc." ^^^' 
they may deem necessary, provided that no expense shall 
be incurred in the employment of such persons until the 



970 



1891. — Chapter 380. 



May procure 
plans. 



Proceedings 
■when person, 
etc., is unable 
to properly 
dispose of 
seweraae. 



May dig up 
highways, etc. 



Assessment for 
expense. 



May take land, 
and may enter 
and use any 
existing sewers 



same has been authorized and provided for by the city 
council of said city and approved by the mayor. Said 
board shall have power to procure phms for the establish- 
ment of a system of sewerage for said city, and when the 
city council shall have ap})roved such plans and provided 
the funds for the construction of such system, said board 
shall make contracts for and superintend such construction 
and prescribe rules and regulations for the maintenance of 
such system of sewerage and for its discharge into the 
pipes of the metropolitan system of sewerage. At any 
time if, through the institution of legal proceedings or 
otherwise, a person or corporation owning or leasing 
premises in said AVoburn is unable to satisfactorily or 
properly dispose of the sewerage from said premises, such 
person or corporation may refer the matter to said board 
by petition, and it shall be the duty of said board to there- 
upon hear the evidence therein, ascertain the facts and 
make such recommendation or suggest such remedy to the 
petitioners or to the city council, or to order the construc- 
tion of such cesspools, as they may deem proper. 

Section 3. Said board shall have all the power now 
vested in the city council of said city by law or ordinance 
in respect to the opening, digging up and otherwise 
temporarily obstructing, wholly or in part, the public use 
of any highway, townway or private way in said city, for 
the purpose of laying, constructing or repairing any sewer 
therein, and shall have coiuxlinate but not conflicting 
authority with the board of health of said city to order any 
person or corporation owning premises and having sewage 
to be disposed of, to enter such sewer belonging to said 
city as may be nearest and most accessible to said prem- 
ises, and to prescribe such manner of making such connec- 
tion as they ma}' deem })roper ; and an assessment for the 
expense of such connection shall be made, certified, 
appealed from and collected in the manner provided in 
chapter fifty of the Public Statutes. 

Section 4. If to carry out and construct a system of 
sewerage which has been planned by said board and 
approved by said city council as herein provided, or if to 
provide for the drainage of any premises into a sewer pipe 
of such system, it appears to said board to be necessary to 
take by purchase or otherwise any lands, rights of way or 
easements, or to enter and use any existing sewers or parts 
of sewers not belonging to any other city, said board shall 
recommend to the mayor and aldermen of said city the 



1891. — Chapter 380. - 971 

taking of such lands, rights of way or easements, and the 
entering and using of such sewers or parts of sewers, and 
said mayor and aldermen may then so take and use the 
same in the manner provided in chapter fifty of the Public 
Statutes ; and when any lands, rights of way or easements. Description of 

^ laud etc. to be 

sewers or parts of sewers are so taken or entered and used taken to be 
in any manner other than by purchase or agreement, said registry of° 
board shall within thirty days of said taking or entering '^®®''*" 
and using, cause to be recorded in the registry of deeds 
for the county of Middlesex, southern district, a descrip- 
tion of the same as certain as is required in a common con- 
veyance 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, rights of way or easements, or sewers or parts of 
sewers so taken or purchased shall thereupon vest in the 
city of Woburn, which shall pay, in the manner hereinafter 
described, all damages that shall be sustained by any per- 
son or corporation by reason of such taking or entering as 
aforesaid. Such damages shall be agreed upon by said J^a^ages. 
board and the person or corporation injured ; and if the 
parties cannot agree a jury in the superior court for the 
county of Aliddlesex may be had to determine the same, in 
the same manner as a jury is had and damages are deter- 
mined in the case of persons dissatisfied with the estimate of 
damages sustained by the taking of lands for the laying 
out of highways or streets : jjrovided, however, that no suit 
for such damages shall be brought after the expiration of 
one year from the date of the recording of the taking or 
entering as herein required. 

Section 5. Nothing involving the expenditure of ^^g^eipenduure" 
money shall be done under this act until an ai)propriation of^money to be 

/Y> • • 1 1 <• 1 11 I done uutil an 

sutncient to cover the estimated expense thereoi shall have appropriation is 
been made by a vote of two thirds of the members present ™'"'^" 
and voting in each branch of the city council of said city, 
approved by the mayor, and such expenditure shall in no 
case exceed the appropriations made therefor ; and all con- 
tracts made for expenditures beyond the amount of such 
appropriations shall be void. 

Section 6. Nothing in this act contained shall confer sewage not to 
upon the city of Woburn any authority to discharge or into upper or 
cause to be discharged sewage or refuse matter, directly p°oTd8mKUi" 
or indirectly into either the upper or lower INIystic ponds. thuact'7°^ 

Section 7. This act shall take effect upon its passage. 

Approved June 9, ISOl. 



972 1891. — CiiAPTEEs 381, 382. 



(7/itt7?.381 -^ -^^T RELATING TO THE ADMINISTERING OF OATHS TO PEKSONS 
BRINGING IN LISTS OF PKOPEKTr FOR ASSESSMENT. 

Be it enacted, etc., asfolloivs: 

r.TilTsa*" Section thirty-nine of chapter eleven of the Public 
Statutes is hereby amended by striking out the word 
" either", in the third line of said section, and inserting 
in place thereof the word : — one, — and by adding, at the 
end of the section, the words : — or by their secretary or 
head clerk, unless such person is absent from the city or 
town in which the tax is to be laid during the whole 
period when it may be made, in which case the oath may 
be administered by a notary public, the jurat to be duly 
authenticated by his seal, — so as to read as follows: — 

ti'lle'^lworrto? Section 39. The assessors shall in all cases require a 
person bringing in a list to make oath that the same is 
true ; which oath may be administered by one of the 
assessors, or by their secretary or head clerk, unless such 
person is absent from the city or town in which the tax is 
to be laid during the whole period when it may be made, 
in which case the oath may be administered by a notary 
public, the jurat to be duly authenticated by his seal. 

Ajjproved Jane 9, 1891. 

ChClT>.3S2 ^^ ^^'^ '^^ PROHIBIT THE ISSUING OF CERTAIN OBLIGATIONS TO 
BE REDEEMED IN NUMERICAL ORDER OK IN ANY ARBITRARY 
ORDER OF PRECEDENCE. 

Be it enacted, etc., asfolloivs: 
Bonds, etc., to Section 1. ' All corporatlons organized under the laws 

be redeemed m ii.- • i • i • 

numeiicai of this Commouwealth, all foreign corporations doing busi- 

order etc not • 

tobe'iBsued. ncss in this Commonwealth, and all companies and persons 
are prohibited from issuing, negotiating or selling any 
bonds, certificates or obligations of any kind, which are 
by the terms thereof to be redeemed in numerical order 
or in any arbitrary order of precedence, without reference 
to the amount previously paid thereon by the holder 
thereof, whether the same are sold on the instalment plan 
or otherwise. 

Penalties. SECTION 2. Any compauy or person violating any of 

the provisions of this act shall be punished by a fine of 
fifty dollars for each ofi'ence, and any corporation violat- 
ing any of the provisions of this act shall forfeit the sum 
ot fifty dollars for each ofi'ence, to be recovered in an action 



1891. — Chapteks 383, 384. 973 

of tort, brought in the name of the Commonwealth in the 
county in which the corporation is established. 

Section 3. The violation of any of the provisions of fj.°^^^i"^f °^ 
this act by any corporation organized under the laws of 
this Commonwealth shall work a forfeiture of its franchise. 

Section 4. The violation of any of the provisions of ^f'i.i°ht\""dr^ 
this act by any corporation not organized under the laws busiuese iu this 
ot this Commonwealth shall operate as a discontmuance 
of its right to do business in this Commonwealth, and the 
supreme judicial court on application of the commissioner 
of foreign mortgage corporations and proof of a violation 
of any of the provisions of this act, shall enjoin such cor- 
poration from further continuing its business in this Com- 
monwealth. Approved June 5, 1891. 

An Act to define the rights of joint owners in peusonal (7Aa?:).383 

PROPERTY. 

Be it enacted, etc., as foUoius : 

The supreme judicial court, and the superior court, shall ^4^t!'ei^8 of^"""" 
have original and concurrent jurisdiction in equity to hear P^^^°°f, 
and determine all questions and controversies arising 
between joint owners of personal property, and their legal 
representatives, relating to such property, with authority 
to determine the respective rights and interests of said 
joint owners therein, to order a division or sale thereof, 
in the event of such sale to make and order a proper dis- 
tribution of the proceeds thereof, and to do all other things 
relative to determining the ownership, division and distri- 
bution of such property or the proceeds thereof as may be 
necessary to carry out the purposes of this act : provided, 
however, that nothing in this act contained shall be con- 
strued to affect the existing jurisdiction of said courts rela- 
tive to partnership property or to controversies between 
copartners. Approved June 9, 1891. 

An Act relating to the management of the boarding houses njidj) 384: 

AT the state normal SCHOOLS. 

Be it enacted, etc. , as follows : 

Section 1. The boarding houses of the state normal U"''f"V'"''*^f" 

o meut of boaid 

schools shall be under the o-eneral management of the state of education. 
board of education. 

Section 2. The accounts of the boarding houses shall kVpT.nldVi'^ ^° 
be kept under the direction of the auditor of the Common- direction of the 

II- 1 • • • 1 • J auditor. 

wealth m accordance with the provisions ot chapter eighty- 
seven of the acts of the year eighteen hundred and eighty- 
seven. Approved June 9, 1891. 



974 1891. — Chapters 385, 386, 387. 



C7l€ip.3S5 ^N Act to authorize the citt of marlborotjgh to fill 

VACANCIES IN ITS SEWERAGE CONSTRUCTION COMMITTEE, 

Be it enacted, etc., as follows: 

vicanfiesin Section 1. Ally vacaDcies occuiTing in the sewerage 

sewerage con- constructioD Committee of the city of Marlborough, 
mittee. electccl by the city council, may be filled by said city 

council, by concurrent vote at any time, for the unexpired 
term. And any member of said committee elected as afore- 
said may be removed by the city council for sufficient 
cause. 

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

Approved Jane 9, 1891. 



Removals. 



(7Aa/>.386 ^N ■'^CT RELATING TO THE BUILDING OF A BRIDGE CONNECTING 
THE CITY OF BOSTON PROPER WITH EAST BOSTON. 

Be it enacted, etc., as follows : 

Subject of Section 1. The board of harbor and land commis- 

fi-oradfy proper sioucrs shall make an investigation into the subject of 
to be inTC°8ti°" building a bridge over tide-water connecting the city of 
fiid' "ilnd com'^°'^ Boston proper with East Boston, and for such purpose 
missiuneis. ihcj sliall receive and consider such plans for such bridge 
as the city of Boston or any other party may offer. Said 
board shall make a full report of their investigations to the 
next general court, and shall state in their report whether 
in their opinion such a bridge can be built without inflict- 
ing serious damage upon the wharf property and materially 
injurying the commerce of the Commonwealth. And if 
any plan for said bridge is approved by them they shall 
set forth the same in their report. 

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

Approved June 9, 1891. 



Chap.d87 



An Act to authorize the providence and springfield rail- 
road COMPANY TO EXTEND ITS RAILROAD INTO THE TOWN OF 
DOUGLAS. 

Be it enacted, etc., as follows : 

The Proyidence Section 1. Thc ProvidcHce and Springfield Railroad 
Railroad Com'.'* Company, a corpnration duly established under the laws 
lemi Hsuacks of tlic statc of Ehodc Island, for the purpose of locating, 
yjto^ownof constructing, maintaining and operating an extension of 
its railroad, with one or more tracks, from a point in the 
boundary line between this Commonwealth and the state 



Douglas. 



1891. — Chapter 388. 975 

of Rhode Island, into and through the town of Douolas, 
to a connection in said town with the tracks of the New 
Yurk and New Enghmd Railroad Company, is hereby 
granted all the powers and made su])ject to all the liabili- 
ties of a railroad corporation organized under the general 
laws of this Commonwealth ; and as respects said exten- 
sion and the right to lease or mortgage the same, shall 
have the same powers as are conferred upon said railroad 
company by its charter, and the acts in addition thereto 
and in amendment thereof, and the general laws of the 
state of Rhode Island. The lease heretofore made by Lease ratified. 
said company to the New York and New England Rail- 
road Company is hereby ratified and confirmed, and said 
New York and New Elngland Railroad Company is hereby 
given the same power to guarantee the bonds of the said 
Providence and Springfield Railroad Company as has 
been already conferred upon it by the state of Rhode 
Island. 

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

Approved June 9, 1891. 

An Act to provide a public highway bridge across the CJJ^qij 388 
reserved channel at south boston. 

Be it enacted., etc., as follows: 

Section 1. The city of Boston is hereby authorized b,"dge to be""'"^' 
and required to build and maintain a public highway buiit°acios8 the 
bridge across the reserved channel on the South Boston nei on the south 
fiats in said city, connecting Eastern avenue or Congress 
street, so called, as laid out and graded by the Common- 
wealth, with L street extended to the southerly line of 
said channel. Said bridge shall be constructed in accord- 
ance with plans prescribed or approved by the board of 
harbor and land commissioners. Upon the completion of 
said bridge, provided the same is completed before the 
first day of August in the year eighteen hundred and 
ninety-two, forty per cent, of the cost thereof shall be 
reimbursed by the Commonwealth to said city out of the 
Commonwealth's flats improvement fund established by 
chapter two hundred and thirty-seven of the acts of the 
year eighteen hundred and seventy-eight. 

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

Aj)proved June 9, 1S91. 



976 



1891. — Chapters 389, 390. 



Chap.SSO ^'^ ■^^'^ '^^ AUTHORIZE THE TRANSFER OF THE INMATES OF THE 
INDUSTRIAL SCHOOL AT LAWRENCE TO THE TRUANT SCHOOL FOR 
THE COUNTY OF ESSEX. 



Transfer of 
iumates to the 
tniaut schi'ol, 
from the indus- 
trial schoi)! at 
Lawrence. 



Charles river 
improvement 
commission 
established. 



Be it enacted, etc., as folloivs : 

The superior court may, after the establishment of a 
truant school in and for the county of Essex and upon the 
application of the county commissioners of said county, 
make such orders as to it may seem proper to cause any 
person or persons confined under sentence in the indus- 
trial school at Lawrence to be transferred to said truant 
school ; and the person or persons so transferred shall 
serve the remainder of the term of their respective sen- 
tences in such truant school in the same manner as if 
originally committed thereto. Approved June 9, 1S91. 

ChCip.SQO ^^ ^^'^ ^O PROVIDE FOR THE APPOINTMENT OF THE CHARLES 

RIVER IMPROVEMENT COMMISSION. 

Be it enacted, etc., as folloivs: 

Section 1 . The governor, by and with the advice and 
consent of the council, shall appoint three citizens of the 
Commonwealth, who, together with the mayor of the city 
of Boston, the mayor of the city of Cambridge, the mayor 
of the city of Newton, and the chairman of the board of 
selectmen of the town of Watertown, for the current year 
eighteen hundred and ninety-one, shall constitute a com- 
mission on the improvement of Charles river, and shall 
serve without compensation. 

Section 2. Said commission shall consider what im- 
provement can be made in the Charles river basin, 
between the dam at Watertown and the Charles river 
bridge in Boston, the bridges over said river, and the 
parks along the banks thereof, in said cities and town ; 
and shall consider such other matters relating to the gen- 
eral commercial interests of the Commonwealth and of 
said cities and town in said river, as they may deem 
proper, and shall report their investigations to the next 
general court, and to each succeeding general court during 
the continuance of the commission. Said commission 
may expend a sum not exceeding three thousand dollars 
in making their investigations, which sum shall be paid 
from the treasury of the Commonwealth, on properly 
approved vouchers presented to the auditor, in the same 
manner as other claims asrainst the Commonwealth. The 



To consider 
improvements 
to be made iu 
Charles river 
basin, etc. 



May expend 

§3,000. 



1891. — Chapters 391, 392. 977 

term of office of the commissioners provided for in this Expiration of 
act shall expire within two years from the date of the pas- 
sage thereof. 

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

Approved June 10, 1891. 

An Act to ratify certain proceedings of the town of (7Ac?1>.391 

richmond. 

Be it enacted, etc., as follows: 

Section 1 . The vote of the town of Richmond at its vote ratified 
annual meeting held on the thiiteenth day of April in the '"^ 
year eighteen hundred and ninety-one, electing a board of 
library trustees by acclamation, is hereby ratified, con- 
firmed and made valid. 

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

Approved June 10, 1891. 



An Act relating to tue fees to be paid in the district and (JJian.S92i 

MUNICIPAL COURTS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows; 

Section 1. In the district and municipal courts of the Fees and ex- 
city of Boston, except the municipal court held in the paid 'iu certain 
court house of the county of Suffolk in said city, the wit- '='^"'''^- 
ness fees due to any person, and the fees and expenses 
due to the ofiicers named in section one of chapter four 
hundred and forty of the acts of the year eighteen hun- 
dred and ninety, and to all others, shall be paid by the 
clerks thereof, or by the justices of courts having* no 
clerks, at the end of the trial of the case in which such 
fees and expenses accrue, and if the clerks, and justices 
of courts having no clerks, do not have in their hands 
funds sufficient to pay witness and other fees and expenses 
as herein provided, they may make written requisition 
upon the city of Boston for the same by sending said 
requisition to the auditor of said city, and thereupon 
said city shall pay to said clerks or justices such sum as 
shall be required, not exceeding one hundred dollars in 
any one month, for which said clerks and justices shall 
account to the city of Boston every month, before the 
tenth day thereof, and for which they shall be liable upon 
their official bonds. 

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

Ap)2)roved June 10, 1891. 



978 



1891. — Chapter 393. 



Ch(Xp.3^^ An Act making appropriations for the woman's charity 

CLUB HOSPITAL, FOR EXPENSES IN CONNECTION "WITH THE ABO- 
LITION OF GRADE CROSSINGS AND FOR CERTAIN OTHER EXPENSES 
AUTHORIZED BY LAW. 



Appropriations. 



System of 
counting votes. 



Ballot-boxea. 



Expenses of 
committees. 



Abolition of 
grade crossings. 



Premium on 
securities for 
the Massachu- 
setts school 
fund. 



Improvements 
on ballot-boxes, 



Tax commis- 
sioner and 
commissioner 
of corporations. 



Be it enacted, etc. , as folloios : 

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 woman's charity 
ckib hospital, for expenses in connection with the abolition 
of grade crossings, and for certain other expenses author- 
ized by law : — 

For providing a uniform system of counting and can- 
vassing votes, as authorized by chapter three hundred and 
twenty-eight of the acts of the present year, a sum not 
exceeding fort3'-five hundred dollars. 

For furnishing ballot-boxes to cities and towns, as 
authorized by section eighty-four of chapter four hundred 
and twenty-three of the acts of the year eighteen hundred 
and ninet}', a sum not exceeding two thousand dollars. 

For expenses of committees of the present legislature, 
a sum not exceeding five thousand dollars, being in addi- 
tion to the fifteen thousand dollars appropriated by chap- 
ter one of the acts of the present year. 

For the payment of expenses in connection with the 
abolition of grade crossings, as provided for in section 
three of chapter four hundred and twenty-eight of the 
acts of the year eighteen hundred and ninety, a sum not 
exceeding one hundred thousand dollars. 

For the payment of premiums on securities purchased 
for the Massachusetts school fund, a sum not exceeding 
fifty thousand dollars, as authorized by chapter three 
hundred and thirty-five of the acts of the year eighteen 
hundred and ninety. 

For expenses in connection with improvements to be 
made on a portion of the ballot-boxes used by cities and 
towns in this Commonwealth, as authorized by section 
one of chapter three hundred and twenty-nine of the acts 
of the present year, also for blank forms and instructions 
as jirovided for in sections two and three of said act, a 
sum not exceeding ninety-five hundred dollars. 

For additional clerical assistance in the office of the tax 
commissioner and commissioner of corporations, a sum not 
exceeding two thousand dollars, as authorized by chapter 



1891. — Chapter 393. 979 

three hundred and forty-two of the acts of the present year, 
being in addition to the fourteen thousand dolhirs appro- 
priated by chapter two of tlie acts of the present year. 

For bo'-ks, statistics and stationery, and for tiavelling Gas and electric 
and incidental expenses of the gas and electric light com- si^ulrr™™'*' 
missioners, a sum not exceeding one thousand dollars, as 
authorized by chapter three hundred and fifty-one of the 
acts of the present year, being in addition to the one 
thousand dollars appropriated by chapter thirty of the 
acts of the present year. 

For compensation and expenses of the clerk, and for ciencai assist- 
clerical assistance to the gas and electric light commis- '*'"^^' 
sioners, a sura not exceeding rive hundred dollars, as 
authorized by chapter three hundred and fifty-one of the 
acts of the present year, being in addition to the two 
thousand dollars appropriated by chapter two of the acts 
of the ])resent year. 

For the woman's charity club hospital, the sura of ten woman's 
thousand dollars, as authorized by chapter eighty-eight hospuai?'^'' 
of the resolves of the present year. 

To provide for certain changes in the state normal art ^^^'/^^^^l'^^' 
school in Boston, a sum not exceeding twelve thousand 
dollars, as authorized by chapter eighty-nine of the 
resolves of the present year. 

For the protection of the town of West Springfield Encioachmeut 

A /• 1 /-I • °' Connecticut 

agauist uie further encroachments or the Connecticut river. 
river upon said town, a sum not exceeding five thou- 
sand dollars, as authorized by chapter ninety of the 
resolves of the present year. 

To provide for certain repairs at the Massachusetts Massachusetts 
reformatory, a sum not exceeding thirteen thousand three '^^ ini" oiy- 
hundred dollars, as authorized by chapter ninety-one of 
the resolves of the present year. 

For providing for a proper representation for the Com- Monumeutat 
monwealth at the dedication of the Bennington battle vermoft?"' 
monument at Bennington, Vermont, on the sixteenth day 
of Augu-t of the present year, a sum not exceeding 
twenty-seven hundred dollars, as authorized by chapter 
ninety-two of the resolves of the present year. 

For building a dormitory at the state normal school at state normal 
Worcester, a sum not exceeding fifteen thousand dollars, wo'icester. 
as authorized by chapter ninety -three of the resolves of 
the present year. 

To provide for the gratuitous distribution of the atlas r>istribution of 
map or Massachusetts to certain departments, persons Massachusetts. 



980 



1891. — Chapters 394, 395, 396. 



and libraries, and for the sale of the same at cost to mem- 
bers of the present legislature, a sum not exceeding three 
thousand dollars, as authorized by chapter niuety-tive of 
the resolves of the present year. 

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

Approved Jane 10, 1891. 

Ch(ip.3Q4: ^N ^CT MAKING AN APPROPRIATION FOR THE EXTERMINATION OF 
THE INSECT KNOWN AS THE OCNERIA DISPAR OR GTPST MOTH. 

Be it enacted, etc. , as follows : 

Section 1. A sum not exceeding fifty thousand dol- 
lars is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
purpose of contiiming the work of exterminating the 
insect known as the ocneria dispar or gypsy motb, as 
authorized by chapter one hundred and one of the 
resolves of the present year. 

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

Approved June 10, 1891. 



Appropriation 
for extermina- 
tion of tlie 
gypsy moth. 



Chap 



QQ^ An Act to provide for the better representation of the 

LEADING POLITICAL PARTIES ON BOARDS OP REGISTRARS OF 



Representation 
of political 
parties on 
boards of 
registrars of 
voters. 



Be it enacted, etc., as follows : 

In case the clerk of a city or town, who by the provi- 
sions of section eighteen of chapter four hundred and 
twenty-three of the acts of the year eighteen hundred 
and ninety is a member of the board of registrars of 
voters of said city or town, is not a member of either of 
the two political parties which cast the largest number of 
votes in the Commonwealth at the annual election next 
preceding their appointment, the remaining members of 
said board shall represent such political parties, but not 
more than two of them shall be of the same political party. 

Approved June 10, 1891. 



Ohaj) 396 -^^ ^^^ ^*^ DIVIDE THE COMMONWEALTH INTO DISTRICTS FOR THE 
CHOICE OP REPRESENTATIVES IN THE CONGRESS OF THE UNITED 
STATES. 

Be it enacted, etc., as follows: 
To be divided Section 1. For the purpose of electing representa- 
congressionai tlvcs in thc fifty-third congress of the United States, and 
distncts. .^^ Qiic\i subsequent congress until otherwise provided by 



1891. — Chapter 39(5. 981 

law, the Commonwealth shall be divided into thirteen 
districts, each of which shall elect one representative. 

Sectiox 2. The said thirteen districts shall be as 
follows : — 

2^umber One. The city of Pittsfield, and the several ^j'onl^''™' 
towns in the county of Berkshire ; the towns of Ashfield, 
Bernardston, Buckland, Charlemont, Colrain, Conway, 
Deertield, Gill, Greenfield, Hawley, Heath, Leyden, 
JMonroe, Rowe, Shelbnrne and Whately, in the county 
of Franklin ; the towns of Chesterfield, Cummington, 
Goshen, Hatfield, Huntington, Middlefield, Plainfield, 
Southampton, Westhampton, Williamsburg and Worth- 
ington, in the county of Hampshire ; and the city of Holy- 
oke, and the towns of Agawam, Blandford, Chester, 
Granville, Montgomery, Kussell, Southwick, Tolland, 
Weslfield and West Springfield, in the county of Hamp- 
den, shall form one district, which shall be called district 
number one. 

Number Two. The towns of Erving, Leverett, Mon- District Num- 
tague, New Salem, Northfield, Orange, Shutesbury, Sun- ''^'■'^'"'°- 
derland, ^^'arvvick and Wendell, in the county of Franklin ; 
the city of Northampton, and the towns of Amherst, 
Belchertown, Easthampton, Enfield, Granby, Greenwich, 
Hadley, Pelham, Prescott, South Hadley and Ware, in 
the county of Hampshire ; the cities of Chicopee and 
Springfield, and the towns of Brimfield, Hampden, Hol- 
land, Longmeadow, Ludlow, Monson, Palmer, Wales and 
Wilbraham, in the county of Hampden ; and the towns 
of Athol, Barre, Brookfield, Dana, Hardwick, New Brain- 
tree, North Brookfield, Oakham, Petersham, Phillipston, 
Royalston, Tem[)lfcton, Warren, West Brookfield and 
Winchendon, in the county of Worcester, shall form one 
district, which shall be called district number two. 

Number Three. Ihe city of Worcester, and the towns District Num- 
of Auburn, Blackstone, Charlton, Douglas, Dudley, Graf- ^erThree. 
ton, Holden, Leicester, Mendon, Millbury, Northbridge, 
Oxford, Paxton, Rutland, Shrewsbury, Southbridge, 
Spencer, Sturbridge, Sutton, Upton, Uxbridge, Web- 
ster, Westborough and West Boylston, in the county of 
Worcester; and the town of Hopkinton, in the county of 
Middlesex, shall form one district, which shall be called 
district number three. 

Number Four. The city of Fitchburg, and the towns District Num. 
of Ashburcham, Berlin, Bolton, Boylston, Clinton, Gard- ^«'-f°">-- 



982 



1891. — Chapter 30G. 



District Num- 
ber Five. 



District Num- 
ber Six. 



T)istriet Num- 
ber Seven. 



District Num- 
ber Eight. 



District Num- 
ber Nine. 



ner, Harvard, Hubbardston, Lancaster, Leominster, Lun- 
enburg, A'orthl)()rough, Princeton, Southborough, Ster- 
ling and Westminster, in the county of Worcester; the 
cities of jNIarlborough and Waltham, and the towns of 
Acton, Ashliy, Ashland, Ayer, Bedford, Billerica, Box- 
borough, Burlingtnn, Carlisle, Chelmsford, Concord, 
Dunstable, Framiugham, Groton, Hudson, Lexington, 
Lincoln, Littleton, Maynard, Natick, Pepperell, Shirley, 
Stow, Sudbury, Townsend, Tyngsborough, Wayland, 
Westford and Weston, in the county of Middlesex; and 
the town of Wellesley, in the county of Norfolk, shall 
form one district, which shall be called district number 
four. 

Numher Five. The cities of Lowell and W^oburn, and 
the towns of Dracut, North Reading, Reading, Tewks- 
bury and Wilmington, in the county of Middlesex; and 
the city of Lawrence, and the towns of Andover, Lynn- 
field, Methuen, North Andover and Peabody, in the 
county of Essex, shall form one district, which shall be 
called district number five. 

Nwmher Six. The cities of Gloucester, Haverhill, 
Newburyport and Salem, and the towns of Amesbuvy, 
Beverly, Boxford, Bradford, Danvers, Essex, George- 
tow^n, Groveland, Hamilton, Ipswich, Manchester, Mar- 
blehead, Merrimac, Middleton, Newbury, Rockport, 
Rowley, Salisbury, Swampscott, Topsfield, Wenham and 
West Newbury, in the county of Essex, shall form one 
district, which shall be called district number six. 

Numher Seven. The city of Lynn, and the towns of 
Nahant and Saugus, in the county of Essex ; the city of 
Maiden, and the towns of Everett, Melrose, Stoneham 
and Wakefield in the county of Middlesex ; and the wards 
numbered four and five in the city of Boston, the city of 
Chelsea, and the town of Revere, in the county of Suffolk, 
shall form one district, which shall be called district num- 
ber seven. 

Numher Eight. The cities of Cambridge and Somer- 
ville, and the towns of Arlington, Medford and Winches- 
ter, in the county of Middlesex ; and the wards numbered 
nine, ten and eleven, in the city of Boston, in the county 
of Suflblk, shall form one district, which shall be called 
district number eight. 

Numher Nine. The wards numbered one, two, three, 
six, seven, eight, twelve, sixteen, seventeen and eighteen. 



1891. — Chapter 396. 983 

and precincts two, three, four and six of the ward num- 
bered nineteen, in the city of Boston, and the town of 
Winthrop, in the county of Suffolk, shall form one dis- 
trict, which shall be called district number nine. 

Numbei^ Ten. The wards numbered thirteen, fourteen, District N"um- 
fifteen, twenty, twenty -two and twenty-four, and precincts 
one, five, seven, eight and nine of the ward numbered 
nineteen, in the city of Boston, in the county of Suffolk; 
and the city of Quincy, and the town of Milton, in the 
county of Norfolk, shall form one district, which shall 
be called district number ten. 

JSfumber Eleven. The wards numbered twenty-one. District xum- 
twenty-three and twenty-live in the city of Boston, in the 
county of Sufiblk ; the city of Newton, and the towns of 
Belmont, HoUiston, Sherborn and Watertown, in the 
county of Middlesex ; the towns of Hopedale and Milford, 
in the county of Worcester; the towns of Bellingham, 
Brookline, Dedham, Dover, Foxborough, Franklin, Hyde 
Park, Medfield, Med way, Millis, Needham, Norfolk, Nor- 
wood, Sharon, Walpole and Wrentham, in the county of 
Norfolk ; and the town of North Attleborough, in the 
county of Bristol, shall form one district, which shall be 
called district number eleven. 

Namher Twelve. The towns of Avon, Braintree, District Num- 
Canton, Cohasset, Holbrook, Randolph, Stoughton and ^er Twelve. 
Weymouth, in the county of Norfolk ; the city of Brock- 
ton, and the towns of Abington, Bridgewater, Carver, 
Duxbury, East Bridgewater, Halifax, Hanover, Hanson, 
Hingham, Hull, Kingston, Lakeville, Marshfield, Middle- 
borough, Norwell, Pembroke, Plymouth, Plympton, Rock- 
land, Scituate, West Bridgewater and Whitman, in the 
county of Plymouth ; and the city of Taunton, and the 
towns of Attleborough, Berkley, Dighton, Easton, Mans- 
field, Norton, Raynham, Rehoboth and Seekonk, in the 
county of Bristol, shall form one district, which shall be 
called district number twelve. 

JSfumber Thirteen. The several towns in the counties District N-um. 
of Barnstable, Dukes County and Nantucket; the towns ^"^'- ™'^"'''-'"- 
of Marion, Mattapoisett, Rochester and Wareham, in the 
county of Plymouth ; and the cities of Fall River and New 
Bedford, and the towns of Acushnet, Dartmouth, Fair- 
haven, Freetown, Somerset, Swanzey and Westport, in 
the county of Bristcd, shall form one district, which shall 
be called district number thirteen. 



984 



1891. — Chapter 397. 



^'^v'^^i- Section 3. All acts inconsistent herewith are hereby 

repealed. 

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

Approved June 10, 1891. 



QJl(l7).^Q7 ^N Act to incorporate the boston, cape cod and new york 

CANAL COMPANY. 



Boston, Cape 
Ood and New 
York Canal 
Company, in- 
corporated. 



Capital stock 
and shares. 



Ship canal from 
Buzzard's bay 
to Barnstable 
bay. 



Be it enacted, etc., asfolloivs: 

Section 1. Alfred D. Fox, Charles Eiordon, Robert 
Bliss, James Murray, Herbert H. Walker, Patrick Joseph 
Larkin, Herl:)ert E. Dickson, William Ellis, AVilliam H. 
G. Garrioch, Herbert F. Doble, Sauford H. Fleming, 
William A. Allan, Patrick Purcell, Charles G. Clouston, 
John J. McDonald, J. Alexander, L. Strathy, John Ken- 
nedy, Duncan McDonald, John Ross, Joseph H. O'Neil, 
Frank S. Stevens, their associates and successors, are 
hereby made a corporation I)y the name of the Boston, 
Cape Cod and New York Canal Company, with all the 
privileges and subject to all the liabilities set forth in 
all general laws which now are or may hereafter be in 
force relating to railroad corporations, so far as they can 
be applied to it, except as hereinafter provided. 

Section 2, The capital stock of said canal company 
shall be five million dollars, divided into shares of one hun- 
dred dollars each ; and said corporation may issue coupon 
or registered bonds to an amount which does not exceed 
in all the authorized capital stock of the corporation, to 
provide means for funding its floating debt or for the pay- 
ment of money borrowed for any lawful purpose, and may 
mortgage or pledge as security for the payment of such 
bonds a part or all of its real or personal property or 
franchise. Said bonds shall I)e issued, and said mortgages 
and pledges shall be made, in conformity to the provisions 
of sections sixty-two to seventy-three inclusive, of chapter 
one hundred and twelve of the Public Statutes, so tar as 
the same can be applied to said corporation. 

Section 3. Said corporation may locate, construct, 
maintain and operate a ship canal, beginning at some con- 
venient point in Buzzard's bay and running through the 
towns of Bourne and Sandwich, or either of them, to some 
convenient point in Barnstable bay ; may locate, construct 
and maintain all such wharves, docks and other structures 
and works as may be necessary for the convenient using 
of said canal, together with the highways provided for by 



1891. — Chapter 397. 985 

this act; and in connection therewith may maintain and ^^''y™"^'"'-"" 

„„ J i 1 ji 1 /. and opeiato 

operate steam and other vessels tor transportation, and steam, etc., 
steam tugs, or use any other. means or methods for assist- '"'''''■ 
ing vessels in their approach to and passage through and 
from the canal. The materials excavated from the tide- 
waters in Buzzard's bay and Barnstable bay shall be so 
disposed of, under the direction of the harbor and land 
commissioners, as not to interfere with the fishing inter- 
ests ; and material excavated shall be deposited within the 
limits of the location of the canal, as far as practicable. 
The construction of the approaches to said canal from the 
present line of high water, upon the shores seaward at 
cither end thereof, shall be subject to the provisions of uncipij"'isdic- 

„1 1 ' . <• , 1 -r-v 1 1 . ^ ^ . , tion of harbor 

chapter nmeteen of the Public Statutes. Said canal when and land com- 
completed shall be under the jurisdiction of the harbor and when°com. 
land commissioners. p''^'^''- 

Section 4. Said corporation may lay out its canal not Location, etc., 
exceeding one thousand feet wide, and may also describe fiied'"^th° '''' 
the land it proposes to take outside of said limits for the ^S.^r.""" 
purpose of disposing of the materials excavated from said 
canal, and shall file the location thereof within six months 
from the passage of this act, with the county commissioners 
for the county of Barnstable, defining the courses, distances 
and boundaries thereof, in the manner provided for filing 
railroad locations. Work on said canal shall be com- To be completed 
menced as soon as practicable and prosecuted with energy ; yearl?^""' 
and the said canal shall be completed within four ye'ars 
from the passage of this act. 

Section 5. Said corporation may purchase or otherwise May take land 
take the land or materials which have been bought or """^ "^^'teriais. 
taken by the Cape Cod Ship Canal Company, or any part 
thereof, and any other land or materials necessary for mak- 
ing and securing its ctnal, breakwaters, basins, docks, 
wharves, locks, gates, highways or other structures and 
works referred to in the preceding section, in the manner 
in which land or materials are taken for the construction 
of railroads. 

Section 6. Said corporation shall pay all damages Damages. 
occasioned by laying out, making and maintaining "its 
canal, or by taking land or materials therefor, or to the 
Old Colony Railroad Company by any change of its road 
required under this act; and such damages, on the appli- 
cation of either party, shall be estimated by the county 
commissioners for the county of Barnstable, in the manner 



98G 1891. — Chapter 397. 

Damages. proviclccl wltli reference to the laying out of railroads. 

Either party dissatistied with the estimate of the county 
commissioners may at any time within one year after it 
is completed and returned apply by petition to the 
superior court for the county of Barnstable for a jury to 
assess the damages ; and like proceedings shall be had 
thereon as in proceedings for damages for laying out of 
railroads. But all damages sustained by the Cape Cod 
Ship Canal Company under the provisions of this act 
shall be ascertained and determined as provided in section 
twenty-six hereof. 
Board to deter- SECTION 7. The Boston, Cape Cod and New York 
pourts''th'e oki Canal Company, within four months from the passage of 
compLlJIhaif this act, may apply to the boards of railroad commis- 
cross the canal, gJQi^ers and of harbor and land commissioners, who for 
the purposes hereinafter stated are constituted a joint 
board, to determine at what point or points the Old 
Colony Railroad Company shall cross said canal, — by a 
combined public highway and railroad bridge or bridges. 
Said joint board thereupon after notice to the Old Colony 
Railroad Company and to all other parties interested, 
which notice shall be given in such form as said joint 
board shall direct, shall determine said questions, and the 
decision of a majority of said joint board shall be final. 
Said canal company shall construct its canal with such 
structures and appliances for its protection and use as 
said joint board may order, together with such bridge or 
bridges, ferries, and changes of highways, under the su- 
pervision of said joint board, as shall be in accordance 
with plans approved by them and in conformity with such 
orders as they may make ; and the supreme judicial court 
shall have jurisdiction in equity to enforce such orders. 
Railroad com- Section 8. The board of raiU'oad commissioncrs, after 
deuMmine''xv°hen due uoticc to all partics interested and hearing of all who 
Raii?oad^com.^' shall appear, shall determine and prescribe, in writing, the 
CiZL^'as'to time when and the manner in which the Old Colony Rail- 
cross canal, etc. yq^^^ Company shall alter its location so as to cross said 
canal at such point or points as may be determined upon 
by the joint board hereinbefore provided ; and in making 
such alterations, said railroad corporation shall have all 
the powers and privileges and be subject to all the duties, 
restrictions and liabilities set forth in all general laws relat- 
ing to railroads, except that the damages of land owners 
shall ))e assessed only against, and be paid by said canal 



1801. — Chapter 397. 987 

company, as in the case of laud taken for railroad pur- 
poses. The Boston, Cape Cod and New York Canal fjjiS^fon 
Company may thereupon proceed to build the railroad ^^w location, 
upon the new location, and complete the same in such 
manner as may be prescribed by the railroad commission- 
ers and to their satisfaction, in case the parties do not 
agree upon the same ; and shall pay all damages caused by 
the construction of said railroad upon such new location, 
and shall be liable for such damages as in the case of the 
construction of railroads. Until the completion of the new 
location said canal company shall not enter upon the old 
location of said raih'oad except for making surveys or by 
consent of the Old Colony Railroad Company or of the 
railroad commissioners. Damages occasioned to the rail- damages. 
road company by its compliance with the requirements of 
this act may be recovered by it of the canal company in 
the manner provided by law for the recovery of damages 
caused by the location and construction of railroads. 

Section 9. The Boston, Cape Cod and New York ^^^^il^dli;-''- 
Canal Company shall build and maintain and keep in repair '"oad bridge, 

. '^ , , . . -r etc., across 

a combined highway and railroad bridge or l)ridges across canai. 
said canal, suitable for the passing of the railroad and high- 
way traffic, as said joint board shall determine, which said 
bridge or bridges shall have a suitable draw for the pas- 
sage of vessels and shall be constructed to the acceptance 
and maintained under the supervision of the board of rail- 
road commissioners. Said railroad company shall appoint superintendent 
a superintendent and all necessary assistants for each for each dVaw- 
drawbridge, who shall be paid by said canal company a " ^^' 
reasonable compensation, to be fixed by the railroad 
commissioners. Said superintendent shall have full con- 
trol and direction of the passing of vessels through the 
draw and of trains over the bridge, and with said assist- 
ants shall be subject to such rules and regulations, not 
inconsistent with law, as said railroad and canal company 
shall from time to time prescribe for the operation of said 
bridge; but such rules and regulations shall be su1>ject 
to approval and alteration by the said board of railroad 
commissioners. And said superintendent and assistants 
shall be subject to removal by said board of railroad com- 
missioners. In case of. injury to or destruction of any 
railroad bridge over the canal, the railroad company may 
repair or rebuild it and recover the rcasonal)le expense 
thereof of the canal company in an action of contract, 



988 



1891. — Chapter 397. 



Location of Old 
Colony Railroad 
Company. 



Old Colony 
Railroad Com- 
pany, upon 
completion of 
new railroad, 
etc., may take 
materials 
remaining, etc. 



Penalty for 
opening or 
obstructing 
draw without 
consent of 
superintendent. 



Penalty for 
damages to 
bridge or pier, 
etc. 



Provisions of 
P. S. 112, §§ 
14S-150, to 
apply. 



unless such injury or destruction was caused by the fault 
of the raih'oad company, in which case the expense shall 
be borne by the railroad company. 

Section 10. The Old Colony Railroad Company shall 
have its location, not exceeding five rods in width, upon 
any land owned or located upon by said canal company, 
up to the said bridge, on each side thereof, provided 
that all reasonable use of said location by the said canal 
company for the purpose of operating its canal and for 
highway purposes, and under the direction of the railroad 
commissioners, shall be permitted by the railroad com- 
pany without payment of rent. 

Section 11. The Old Colony Railroad Company, 
upon the completion and acceptance by the board of 
railroad commissioners of the newly constructed railroad 
and bridge or bridges as above provided, may at its 
option take such iron and other materials as may remain 
upon that portion of the line of said railroad which is to 
be given up, and shall allow or pay to the Boston, Cape 
Cod and New York Canal Company the value thereof, 
such value to be determined by the board of railroad com- 
missioners, in case the parties do not agree upon the same. 
The land upon the old location of the Old Colony Railroad 
Company shall become the property of said canal company. 

Section 12. Whoever unnecessarily opens or obstructs 
the draw without the consent of the superintendent, or 
without such consent makes fast or moors any scow, raft 
or other vessel to said bridge within wake of the draw, 
shall pay a tine of not less than three dollars nor more 
than fifty dollars. 

Section 13. Whoever wilfully injures or damages 
said bridge or bridges, wharf or |)ier, or wilfull}' disturbs 
or hinders the superintendent in the discharge of his 
duties, shall forfeit for each otfence a sum not exceeding 
one hundred dollars, and be further liable in damages to 
the Boston, Cape Cod and New York Canal Company, or 
in case of injury to a bridge, to the Old Colony Railroad 
Compan}'. 

Section 14. The provisions relating to drawbridges 
contained in sections one hundred and forty-eight to one 
hundred and fifty-five, inclusive, of chapter one hundred 
and twelve of the Public Statutes, shall extend to said 
bridge or bridges so far as they can be applied, except 
that a railroad train shall be allowed five minutes to cross 



1891. — Chapter 397. 989 

said draw instead of fifteen minutes as provided in section 

one hundred and fifty of said chapter. And the same Penalties ami 

penalties and forfeitures provided in section one hundred °' "'"'*^*" 

and fifty-four of said chapter shall also be in force, and 

may l)e recovered of the Old Colony Railroad Company 

or any engineer or any superintendent of said bridge, in 

like manner as therein provided for the violation of any 

of the provisions of sections one hundred and fifty-one 

and one hundred and fifty-three of said chapter. 

Section 15. The said canal company shall provide Ferries to be 
and maintain at Monument, Bournedale and Sagamore, at fr^om'*toUs?etc. 
such points as may be designated by the county commis- 
sioners, suitable ferries actoss the canal for passengers 
and teams, to be operated free from tolls, under rules to 
be established by the county commissioners, except that 
it shall not be required to maintain a ferry if a highway 
bridge shall be built at or near any of said places. Said 
canal company shall forfeit fifty dollars for each day it 
shall fail to provide and maintain such ferries, to be 
recovered upon complaint or indictment in the county of 
Barnstal)le, to the use of said county. 

Section 1(3. The said canal company shall also con- catiai company 
struct such highways to connect with the bridge or bridges lughwaysTo 
and ferries herein provided for, and such other highways brrjge's'aTd'' 
as may be necessary to replace the highways destroyed by ferries, etc. 
the construction of said canal, in such manner and at such 
times as the county commissioners for the county of Barn- 
stable shall prescribe, upon each side of said ferries'. After 
the completion of such highways and their acceptance by 
the said county commissioners, the said canal company 
shall not be responsible in any manner for the further 
maintenance of the same, except upon the location of said 
canal company. 

Section 17. The said canal company shall also make to provide for 
such suitable provision for the continuance of the herring herring tilhery, 
fishery in Monument river and Herring pond as the com- ^^°- 
missioners on inland fisheries may prescribe ; and in case 
of injury to any fishery, including oyster fisheries, shall 
pay to the owner thereof such damages as shall, upon the 
api)lication of either party, be estimated by said commis- 
sioners on inland fisheries, in a manner similar, so far as 
may be, to that provided in laying out highways, and with 
a similar right of appeal to a jury, by proceedings like 
those provided for in section six of this act. 



990 



1891. — Chapter 397. 



May establish a 
toll upon ves- 
sels using the 
canal. 



Towage. 



Penalty for 
evadinfir pay- 
ment of toll. 



Penalty for 
obstructing pas- 
sage of vessel or 
steam tug, etc. 



Payments to be 
made to the 
secretarj- and 
to the treasurer 
ot the Com- 
monwealth. 



Section 18. The said cjinal company may establish 
for its sole benefit a toll upon all vessels or water craft of 
whatever description, which may use its canal, at such 
rates as the directors thereof may determine ; and may 
from time to time regulate such use in all respects as the 
directors may determine. Said corporation shall also fur- 
nish towage through said canal for all vessels or water 
craft which require it, for which service it may establish, 
for its sole benefit, a toll, at such rates as the directors 
thereof may determine. 

Section 19. Whoever fraudulently evades or attempts 
to evade the payment of any toll lawfully established under 
section eighteen of this act, either by misrepresenting the 
register or draught of any vessel, or otherwise, shall pay 
a fine of not less than fifty nor more than five hundred 
dollars, and such ofl^ence shall be punishable in any county 
in the Commonwealth. 

Section 20. Whoever wilfully and maliciously obstructs 
the passing of any vessel or steam tug or other water 
craft in said canal, or obstructs the approaches to said 
canal within two thousand feet of either extremity there- 
of, or in any way injures said canal or its banks, bridge 
or bridges, breakwaters, docks, wharves, locks, gates or 
other structures or works, lights, buoys, signals or any- 
thing appertaining thereto, or any materials or implements 
for the construction or use thereof, or aids or abets in such 
trespass or injuries, shall forfeit to the use of the corpora- 
tion, for each oflence, treble the amount of damages proved 
to have been sustained thereby, to be recovered in an 
action of tort in the name of the corporation ; and may 
further be punished by a fine not exceeding one thousand 
dollars or imprisonment for a term not exceeding one 
year. 

Section 21. Said corporation shall pay to the secre- 
tary of the Commonwealth on receiving the certificate of 
corporation the sum of fifty dollars ; and shall also pay to 
the treasurer of the Commonwealth such sum of money as 
shall be fixed by the governor and council as compensa- 
tion for the services and expenses of the boards of railroad 
commissioners and of harbor and land commissioners for 
performing the duties imposed on them as a joint board 
under the provisions of this act. Said allowance for 
expenses shall include the compensation for such expert 
engineers as may be employed by said joint board. 



1891. — Chapter 397. 991 

Section 22. To defray the expenses and recompense services and 

., , . . "" p . Til expenses of the 

the county commissioners tor services rendered under county com- 
this act, it shall be the duty of said canal company to pay '^i^^o^ers. 
each of said commissioners the sum of six dollars per day 
for the time actually consumed in discharging their duties : 
provided, liowever, that said canal company shall not be 
required to pay either of said commissioners for more than 
fifty days' service in one year. 

Section 23. Said corporation shall not be required to Payment of 
pay any state or local taxes for five years from the pas- 
sage of this act, except that the towns of Bourne and Sand- 
wich may tax the property taken by said canal company 
by the filing of its location, to said canal company until 
the same is actually dug up and the canal is actually con- 
structed thereon. 

Section 24. Said canal shall not be open for public Not to be open 
use until said joint l)oard shall certify to the secretary of ununaws " ** 
the Commonwealth that all laws relating to its construe- guucaou ha?e' 
tion have been complied with and that it appears to be in b^een complied 
a safe condition for operation. 

Section 25. Chapter two hundred and fifty-nine of Repeal. 
the acts of the year eighteen hundred and eighty-three 
and chapter two hundred and seventy-four of the acts of 
the year eighteen hundred and eighty-four and chapter 
two hundred and twenty-two of the acts of the year eight- 
een hundred and eighty-seven, and all previous acts relat- 
ing to the construction of a canal from Buzzard's bay to 
Barnstable bay, are hereby repealed except as herein 
provided. 

Section 26. Said Boston, Cape Cod and New York Reimburse- 

~ , „ .... 1 > ii e •\ • menttothe 

Canal Company within six months from the passaire ot this capeCodSMp 

("'anil 

act, shall reimburse the said Cape Cod Ship Canal Company company. 
all moneys paid by it on account of lands purchased or taken 
for the right of way, and shall assume all the liabilities of 
said Cape Cod Ship Canal Company on account of land or 
right of way purchased or taken but not paid for, and shall, 
within six months from the passage of this act or as soon 
thereafter as the award hereinafter provided for shall be 
made, pay the said Cape Cod Ship Canal Company for 
work done within its location and appropriated to the uses 
of the said Boston, Cape Cod and New York Canal Com- 
pany, the value of which shall l>e determined in the follow- 
ing manner: — The land for the right of way or other 
purposes and the materials furnished and the work of 



992 



1891. — Chapter 397. 



Acts and doings 
of the Cape Cod 
Ship Canal 
Company re- 
garding issue of 
bonds, etc., 
recognized and 
confirmed. 



Lein upon the 
property of the 
Cape Cod Ship 
Canal 
Company. 



construction already performed shall be appraised and 
measured up by two competent engineers or other 
appraisers, one of whom shall be chosen by the Cape Cod 
Ship Canal Company and one by the Boston, Cape Cod 
and New York Canal Company, and their report, in case 
of a failure to agree, shall be submitted to the county 
commissioners for the county of Barnstable (or such other 
authorities as the state may appoint in this act). Either 
party dissatisfied wnth their d