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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  VYT 

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, 0 

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  0  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  decision  and  award  may,  at 
any  time  within  one  year  after  it  is  so  sulmiitted,  apply  by 
petition  to  the  superior  court  for  Barnstable  county  for  a 
jury  to  assess  the  damages,  and  like  proceedings  shall  be 
had  thereon  as  in  proceedings  for  damages  for  laying  out 
railroads.  And  the  final  award  shall  l)e  in  full  satisfaction 
for  all  such  claims  by  the  Cape  Cod  Ship  Canal  Compiny 
from  the  Boston,  Cape  Cod  and  New  York  Canal  Company. 

Section  27.  The  acts  and  doings  of  the  Cape  Cod 
Ship  Canal  Company  and  of  its  officers  and  agents  under 
its  franchise  authorizing  the  issue,  pledge  and  deposit 
with  the  Farmers'  Loan  and  Trust  Company,  trustee,  in 
New  York  city,  in  trust,  of  five  millions  of  dollars  par 
value  of  scrip  certificates  issued  by  said  Cape  Cod  Ship 
Canal  Company  convertible  par  for  par  into  first  mortgage 
twenty  year  five  per  cent,  gold  bonds  of  said  company  as 
soon  as  said  bonds  are  issued,  and  of  an  assignment,  in 
trust  to  said  Farmers'  Loan  and  Trust  Company,  trustee, 
of  said  Lockwood's  contracts  with  the  Cape  Cod  Ship 
Company  and  his  stock  subscription  controlling  said  canal 
company's  franchise  and  securities,  as  collateral  security 
for  the  debentures  of  Frederick  A.  Lockwood,  contractor, 
approved  by  the  Cape  Cod  Ship  Canal  Compan^^  and 
known  as  the  Cape  Cod  ship  canal  construction  deben- 
tures, amounting  to  three  millions  of  dollars  ;  and  in  mak- 
ing said  canal  company  a  party  to  an  indenture  made  by 
and  between  said  company  and  Frederick  A.  Lockwood, 
and  said  Farmers'  Loan  and  Trust  Company,  trustee,  in 
New  York  city  ;  and  in  entering  into  and  executing  said 
indenture  by  and  on  behalf  of  said  canal  company,  so  far 
as  the  same  affects  the  rights  of  property  or  any  other 
legal  or  equitable  rights  of  any  and  all  bona  fide  holder  or 
holders,  purchaser  or  purchasers  for  value  of  said  deben- 
tures are  recognized,  ratified,  affirmed  and  confirmed. 

Section  28.  Any  bona  fide  holder  or  purchaser  for 
value  of  any  of  said  debentures  withdrawn  from  said  Far- 
mers' Loan  and  Trust  Company,  trustee,  in  New  York  city, 


1891.  — Chapter  397.  993 

according  to  the  terms  of  said  indenture,  may  at  any  time 
within  one  year  from  the  passage  of  this  act,  apply  by 
petition  to  the  supreme  judicial  court  according  to  the 
usual  course  of  proceedings  in  equity,  and  said  court 
may  hear  and  determine  what  legal  or  equitable  lien  upon 
the  property  or  assets  of  said  Cape  Cod  Ship  Canal  Com- 
pany and  what  legal  or  equitable  claim  against  said 
company,  said  j^etitioner  has  for  the  payment  of  said 
debentures  ;  and  if  it  shall  appear  upon  said  hearing  that 
said  petitioner  has  a  legal  or  equitable  lien  upon  said  prop- 
erty or  assets  of  said  Cape  Cod  Ship  Canal  Company,  or 
a  legal  or  equitable  claim  against  said  company  for  the 
payment  of  said  debentures,  then  said  court  may  enter 
judgment  against  said  company  for  the  amount  found  to 
be  due  thereon,  and  may  make  such  other  orders  and 
decrees  as  justice  and  equity  requires. 

Sectiox  29.     Any  and  all  moneys  due  or  to  become  Property  and 

issets  of  tli6 

due  from  said  Boston,  Cape  Cod  and  Xew  York   Canal  cape  cod  ship 
Comjjany  to  the  Cape  Cod  Ship  Canal  Company,  under  to^be  appirjcrto 
sections  five  and  six  of  this  act,  and  all  other  property  and  'v^h^craimL 
assets  of  the  Cape  Cod    Ship  Canal  Company    shall    be 
applied  by  the  treasurer  or  receiver  of  said  company  to 
the  payment  of  all  existing  valid  claims  against  said  com- 
l)any,  both  legal  and  equitable,  and,  if  not  sufficient  for 
the  payment  in  full  of  such  claims,  shall  be  distributed  in 
the  same  manner  as  the  assets  of  insolvent  corporations 
are  distributed  under  the  laws  of  this  Commonwealth. 

Section  30.     This  act  shall  not  deprive  an}^  bona  fide  iiitrhtsof 
holders  or  purchasers  for  value  of  said  debentures,  of  any  deben'turea. 
rights  to  recover  judgment  upon  said  debentures  for  the 
purpose  of  charging  any'  officers  or  stockholders  of  said 
company  or   any   other    person    legally    liable    for   their 
payment. 

Section  31.     All  the  precedino;  sections  of  this    act  s.^oo.ooo  to  be 

1111  •  1  1       />  <•  11  •  1  1         deposited  with 

shall  be  void  and  ot  no  eiiect,  and  the  corporation  thereby  the  treasurer  of 
created  shall  cease  to  exist,  unless  within  ninety  days  after  weaith"etc.  ' 
the  passage  of  this  act  the  Boston,  Cape  Cod  and  New 
York  Canal  Company  shall  deposit  with  the  treasurer  of 
the  Commonwealth  five  hundred  thousand  dollars,  or 
United  States  bonds  of  the  par  value  of  five  hundred  thou- 
sand dollars,  which  sum  or  the  proceeds  of  said  bonds  to 
the  same  amount  shall  be  held  and  disposed  of  by  said 
treasurer  in  accordance  with  the  provisions  of  this  section  ; 
two  hundred  thousand  dolTars  of  said  sum  shall  be  and 
remain  sul)ject  to  the  same  trusts  and   liabilities,  to    be 


994  1891.  — Chapter  397. 

8500,000  to  be  enforced  by  the  supreme  judicial  court  io  the  same  manner 
the  treasurer  of  as  thc  dcposit  made  bj  the  Cape  Cod  Ship  Canal  Company, 
weaithreTc"."  ^^  Set  forth  In  section  nineteen  of  chapter  two  hundred  and 
fifty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-three  and  section  four  of  chapter  two  hundred 
and  twenty-two  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven,  and  subject  to  the  damages  under  this 
act  to  land  owners  and  to  the  Old  Colony  Railroad,  one 
hundred  thousand  dollars  shall  be  forfeited,  —  one  tenth 
to  the  Commonwealth,  one  tenth  to  the  county  of  Barn- 
stable, and  the  balance  divided  between  the  towns  of 
Bourne  and  Sandwich  pro  rata,  according  to  the  area  of 
hmd  located  upon  under  section  four  of  this  act,  to  be  ascer- 
tained by  the  determination  of  the  county  commissioners 
of  the  county  of  Barnstable,  on  the  first  day  of  January  in 
the  year  eighteen  hundred  and  ninety-three,  unless  before 
that  date  two  million  cubic  yards  shall  have  been  exca- 
vated in  the  trunk  of  said  canal,  and  shall  be  so  forfeited 
on  the  first  day  of  June  in  the  year  eighteen  hundred  and 
ninety-five,  unless  before  that  date  the  whole  of  the  trunk 
of  said  canal  shall  have  been  excavated  ;  one  hundred  thou- 
sand dollars  sJiall  be  returned  to  said  Boston,  Cape  Cod 
and  New  York  Canal  Company  when  one  million  culjic 
yards  shall  have  been  excavated  in  the  trunk  of  said  canal. 
A  further  sum  of  one  hundred  thousand  dollars  shall  be 
returned  to  said  company  when  two  million  cubic  yards 
shall  have  been  excavated  in  the  trunk  of  said  canal. 
Such  sum  as  may  remain  of  the  four  hundred  thousand 
dollars  shall  be  paid  to  said  company  when  three  million 
cubic  yards  shall  have  been  excavated  in  the  trunk  of  said 
canal :  provided,  hoioever,  that  the  said  treasurer  is  hereby 
authorized  to  pay  to  the  Cape  Cod  Ship  Canal  Company 
or  its  order,  or  to  the  Old  Colony  Railroad  Company,  or 
to  landholdeis  in  the  town  of  Bourne,  out  of  said  four  hun- 
dred thousand  dollars,  or  out  of  the  proceeds  of  such  bonds 
as  may  represent  the  same,  which  he  is  hereby  authorized 
to  sell  for  this  purpose,  the  award,  if  any,  which  may  be 
made  in  favor  of  the  Cape  Cod  Ship  Canal  Company,  in 
accordance  with  the  provisions  of  section  twenty-six  of 
this  act.  The  supreme  judicial  court  shall  have  jurisdic- 
tion in  equity  to  decree  the  distribution  of  any  money 
payable  under  this  section.  "When  said  Boston,  Cape 
Cod  and  New  York  Qmal  Company  shall  have  excavated 
the  whole  of  the  trunk  of  sa*d  canal,  said    treasurer   is 


1891.  — Chapter  397.  995 

hereby  authorized  to  return  to  said  company  or  its  order 
all  then  remaining  of  said  deposit ;  and  if  said  one  hun- 
dred thousand  dollars  shall  become  forfeited  as  aforesaid, 
said  treasurer  shall  return  to  said  company  all  then  remain- 
ing of  said  deposit,  after  satisfying  any  award  that  may 
have  been  made  to  the  Cape  Cod  Ship  Canal  Company 
and  to  land  holders  in  the  town  of  Bourne  prior  to  such 
forfeiture.  When  the  said  Boston,  Cape  Cod  and  New 
York  Canal  Company  shall  have  made  the  deposit  with 
the  treasurer  of  the  Commonwealth,  required  by  the  pro- 
visions of  this  section,  then  said  treasurer  is  hereby 
authorized  and  instructed  to  pay  to  the  Cape  Cod  Ship 
Canal  Company  or  its  assigns  the  deposit  made  by  said 
company  with  said  treasurer,  pursuant  to  section  nineteen 
of  chapter  two  hundred  and  tifty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-three. 

Section  32.     If  the  right  of  any  person  or   persons  RevWai  of  right 
to  file  claims  against  the  Cape  Cod  Ship  Canal  Company  ^^rainst'tbe''* 
for  damages  to  property  taken  by  said  company's  location  canaiconipan'- 
has    lapsed,  such  right  is    hereby  revived  for   one    year 
from  the  passage  of  this  act. 

Section  33.     In  the  event  that  the  said  Boston,  Cape  if  deposit ia  not 
Cod  and  New  York  Canal  Company  shall  not  make  the  ™  mpieuon  of' 
deposit  as  provided  for  in  section  thirty-one  of  this  act,  carfa**! fs'^'^  ^'^'^ 
then  the  time  for  the  completion  of  the  Cape  Cod  ship  extended  for  a 

1  1    !•  1  •  1         •  V.        /•      1 1    J I        period  of  four 

canal,  and  tor  the  use,  exercise  and  enjoyment  ot  all  the  years. 
franchises,    provisions,    privileges    and    exemptions    con- 
tained and  gr-anted  in  and  by  chapter  two  hundred  fifty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
three,  chapter    two  hundred  seventy-four  of  the  acts  of  ' 
the  year  eighteen  hundred  and  eighty-four  and  chapter 
two  hundred  twenty-two  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-seven,  except  as  the  same  are  changed 
or   modified    by   the    provisions    of  this    act,    is    hereby 
extended  for  a  period  of  four  years:  provided,  however.  Deposit  by  the 
that  such  extension  shall  not  continue  beyond  the  first  day  canai^"''  ^'"'' 
of  November  in  the  year  eighteen  hundred  and  ninety-one,  company. 
unless  on  or  before  that  date  the  Cape  Cod  Ship  Canal 
Company  shall  deposit  with  the  treasurer  of  the  Common- 
wealth one  hundred  thousand  dollars  or  United  States  bonds 
of  the  par  value  of  one  hundred  thousand  dollars,  which 
sum,  or  the  proceeds  of  said  bonds  to  the  same  amount, 
shall  be  forfeited,  —  one  third  to  the  Commonwealth,  one 
third  to  the  county  of  Barnstal)le,  and  one  third  to  the 


996 


1891.  — Chapter  397. 


Charter,  loca- 
tion, etc.,  of 
said  canal 
company 
rati  tied  and 
confirmed,  etc. 


towns  of  Sandwich  and  Bourne,  to  be  equally  divided 
between  them  on  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-three,  unless  before  that  date 
two  million  cubic  yards,  in  addition  to  what  has  ali:eady 
been  dug,  shall  have  been  excavated  in  the  trunk  of  said 
canal,  and  shall  be  so  forfeited  on  the  first  day  of  June 
in  the  year  eighteen  hundred  and  ninety-five,  unless  before 
that  date  the  whole  of  the  trunk  of  said  canal  shall  have 
been  excavated  ;  provided ,  further ,  that  the  said  extension 
shall  not  continue  beyond  the  first  day  of  December  in  the 
year  eighteen  hundred  and  ninety-one,  unless  on  or  before 
that  date  the  Cape  Cod  Ship  Canal  Company  shall  have 
collected  from  the  subscrilier  or  subscribers  to  its  capi- 
tal stock,  and  shall  have  received  in  its  treasury,  the 
sum  of  five  hundred  thousand  dollars  in  cash,  and  shall 
have  changed  the  contracts  hereinafter  referred  to  for 
the  l)uilding  of  the  canal  and  its  approaches  accordingly  ; 
and  provided,  further,  that  the  time  elapsing  l)etween  the 
application  for  the  decision  of  any  question  by  the  county 
commissioners,  board  of  railroad  commissioners,  or  any 
other  board  or  commission  provided  for  by  the  statutes 
hereinbefore  referred  to,  and  the  final  determination  of 
such  question  by  said  county  commissioners,  board  of  rail- 
road commissioners,  or  other  board  or  commission,  shall  be 
and  shall  be  taken  as  an  addition  to  the  time  of  said  exten- 
sion as  hereinbefore  fixed. 

Section  34.  The  charter,  corporate  existence,  organ- 
ization and  location  of  said  canal  company,  and  the  right 
of  the  subscriber  to  the  capital  stock  of  the  company 
under  the  contracts  hereinafter  referred  to,  or  of  his 
assigns,  to  vote  at  corporate  meetings,  and  to  use,  exer- 
cise and  enjoy  all  the  franchises,  powers  and  privileges  of 
said  canal  company,  are  hereby  recognized,  ratified  and 
affirmed.  But  except  that  the  said  canal  company  may 
renew  and  extend  the  existing  contract  for  the  building  of 
the  canal  and  its  approaches,  and  may  change  the  same  so 
that  the  bonds  authorized  b}'  the  acts  to  which  this  is  in 
addition  may  have  fifty  years  to  run  and  may  be  issued 
from  time  to  time  to  the  amount  of  payments  as  already 
or  hereafter  made  on  account  of  capital  stock,  and  may 
otherwise  change  the  same  in  conformity  with  the  provi- 
sions of  this  act,  the  said  existing  contracts  shall  not  be 
annulled  or  altered  either  as  to  the  price  to  be  paid  for 
said  building,  or  in  any  other  particular,  except  with  the 


1891.  — Chapter  397.  997 

approval  of  the  board  of  harbor  and  hind  commissioners  ; 
and  no  stock  shall  be  issued  to  the  contractor  or  to  any 
other  person  under  said  contracts,  or  either  of  them, 
until  five  miles  of  said  canal  shall  have  been  completed 
pursuant  to  their  terms. 

Section  35.     Upon  the  application  of  the  Old  Colony  compensation 
Railroad  Company  or  any  other  party  interested,  for  the  engineers! 
appointment  of  the  board  of   eno:ineers  provided  for  by 
section  seven  of  chapter  two  hundred  seventy-four  of  the    ' 
acts  of  the  year'  eighteen  hundred  and  eighty-four,  said 
canal  company  shall  pay  to  the  treasurer  of  the  Common- 
wealth the  sum  of  ten  thousand  dollars  as  and  for  account 
of  compensation  of  said  board,  and  upon  such  application 
all  right  of  said  canal  company  to  proceed  with  the  work 
of  constructing    said  canal  under  its  charter  shall  cease 
until  said  payment  shall  be  made. 

Section   36.     Said    Cape    Cod    Ship    Canal    Company  capecodsiiip 
shall,  on  or  before  the  tifteenth  day  of  July  in  the  year  to^wy  pHnci^pla 
eighteen  hundred  and  ninety-two,  upon  presentation,  pay  certilin*debln5 
to  the  bona  fide  holders  or  purchasers  for  value  of  the  '"'■'^^• 
following  described  debentures  ;  the  principal  and  accrued 
interest  of  such  of  the  debentures  of  Frederick  A.  Lock- 
wood,  contractor,  approved  by  the  Cape  Cod  Ship  Canal 
Company,  and  known  as  the  Cape  Cod  ship  canal  con- 
struction debentures,  as  have  been  withdrawn  from   the 
Farmers'  Loan  and  Trust  Company,  trustee,  in  New  York 
city,  under  the  provisions  of  a  certain  indenture  made  by 
and  between  said  Frederick  A.  Lockwood,  said  Cape  Cod 
Ship  Canal  Company,  and  said  Farmers'  Loan  and  Trust 
Company,  trustee,  in  New   York  city,  and  are  now,  or 
may  hereafter    be,  in  the  hands  and  possession  of   such 
bona  fide  holders  or  purchasers  for  value. 

Section  37.     At  any  time  within  two  years  after  said  n".[°™'',^ied  by 
fifteenth  day  of  July  in  the  year  eighteen  hundred  and  tiio  attorney- 

^  fft*iier<\l  in  the 

ninety-two,  upon  the  petition  of  any  bona  fide  holder  or  BuprLmejudi. 
purchaser  for  value  of  any  of  said  debentures,  the  attorne}-  the  common- 
general  for    the    Commonwealth  shall  file  an  information  bli^uure's^ale  not 
against  said  company  in  the  supreme  judicial  court  for  the  p"'''- 
Commonwealth,  and    if  it  shall    appear    upon  a  heai'ing 
upon  said  information  that  said  debentures  or  any  of  them 
are  not  paid  in  accordance  with  the  terms  of  the  preceding 
section,  then  said  company  shall  forfeit  all  rights  under 
this  act,  and  a  dissolution  thereof  shall  l)e  decreed  ;  but 
such  decree  shall  not  defeat  the  rights  of  any  holder  or 


998  1891.  — Chapter  398. 

purchaser  for  value  of  said  debentures  from  recovering 
judgment  thereon,  for  the  purpose  of  charging  any  officers 
or    stockholders    of  said   company  or   any  other   person 
legally  liable  for  their  payment. 
Guaranty  of  SECTION    38.     Anv    Corporation    oro-anized   under   the 

T)'ivniGnt  of 

bonds.  laws    of    tWs    Commonwealth    is    hereby    authorized   to 

guarantee  the  payment  of  the  bonds  of  said  canal  com- 
pany, or  the  payment  of  the  interest  on  said  bonds,  upon 
making  a  traffic  contract  with  said  canal  company. 
di!mVre\i'ved  SECTION  39.  If  the  right  of  any  person  or  persons  to 
for  one  year.  file  claims  against  the  canal  company  for  damages  to  prop- 
erty taken  by  said  company's  location  has  lapsed,  such 
right  is  hereby  revived  for  one  year  from  the  passage  of 
this  act. 

Section  40.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  ll,  1891. 


(7A«i9.398 


An  Act  to  incorporate  the  hanover  water  company. 

Be  it  enacted,  etc.,  as  follows : 

Hanowr Water       Section  1.     Jcdcdiah  Dwcllcy,  Lot  PhilHps,  John  F. 

corporated.  Simmous,  Morrill  A.  Phillips,  Charles  H.  Killam  and 
Harvey  H.  Pratt,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  Hanover 

^f'H3yJr  wuh  Winter  Company,  for  the  purpose  of  furnishing  the  towm 

water.  of  Hauovcr  and  the  inhabitants  thereof  with  water   for 

the  extinajuishment  of  fires  and  for  domestic,  manufact- 
uring  and  other  purposes  ;  w^ith  all  the  powers  and  privi- 
leges and  subject  to  the  duties,  restrictions  and  liabilities 
which  now  are  and  may  hereafter  be  in  force  applicable  to 
such  corporations,  except  as  hereinafter  provided. 

May  supply  Section    2.     The    towus    of  Abiugtou    and   Rockland 

towns  of  1       ,      .  ,  ,  ,  ~  .   ,  .  , 

Abingtonand     through  thcu'  loint  water  boards,  may  contract  with  said 

Rockland  with  °^.  .,.  -i  ^.^i  r  ■  i 

water.  Corporation  to  furnish  water,  tor  the  purposes  atoresaid, 

for  any  terra  of  years,  for  such  price  as  may  mutually  be 
agreed  upon  between  said  corporation  and  said  joint 
water  boards. 
^7d1gT"'^°°  Section  3.  Said  corporation  may,  under  the  direc- 
ways,  etc.  tiou  of  tlic  selcctmcn  and  highway  surveyors  of  said  town 
of  Hanover,  enter  upon  and  dig  up  any  public  or  private 
ways  in  said  Hanover,  in  such  manner  as  not  unnecessarily 
to  obstruct  such  ways,  for  the  purpose  of  constructing, 
maintaining  and  repairing  their  conduits,  pipes,  hydrants, 
fountains  and  other  works  in  said  town  of  Hanover,  pro- 
vided that  said  corporation  shall  not  so  enter  until   the 


1891.  — Chapter  398.  999 

written  consent  of  a  majority  of  the  selectmen  of  said  town 
of  Hanover  is  first  obtained. 

Section  4.     Said  town  of  Hanover  may  contract  with  J^Ymay^on-' 
such  corporation  or  company  for  a  supply  of  water  for  the  tract  with  cor- 
extinguishment  of  fires  and  for  other  public  purposes,  and  water  supply. 
may  by  a  vote  of  two  thirds  of  the  legal  voters  of  said 
town  present  and  voting  thereon  at    any    legal   meeting 
called  for  the  purpose,  guarantee  the  paj^ment  of  interest 
upon  the  bonds  of  said  corporation  or  company  for  a  term 
not  exceeding  twenty  years,  if  the  same  shall  be  legally 
issued.     Not  more  than  three  meetings  shall  be  called  for 
this  purpose  in  any  one  year. 

Section  5.     The  town  of  Hanover  shall  have  the  right  ^^^^Jf^^    ^j 
at  any  time  to  take,  by  purchase  or  otherwise,  the  fran-  property  at  any 
chise,  corporate  property  and  all  the  rights  and  privileges  ™®' 
of  said  corporation,  as  well  as  any  contract  or  contracts 
said  corporation  may  have  with  the  said  towns  of  Abiug- 
ton  and  Rockland,  the  consent  of  the  water  boards  of  said 
Abington  and  Rockland  acting  jointly  to  the  purchase  of 
said  contracts  first  having  been  obtained  in  writing,  on 
payment  to  said  corporation  of  the  total  cost  of  its  fran- 
chise, works  and  property  of  all  kinds  held    under   the 
provisions  of  this  act,  including  in  such  cost  interest  on 
each  expenditure  from  its  date  to  the  date  of  said  purchase 
or  taking,  as  herein  provided,  at  the  rate  of  five  per  cent, 
per  annum,  and  shall  also  pay  the  said  corporation  a  fair 
price  for  the  contract  or    contracts    aforesaid    with    said 
towns  of  Abington  and  Rockland,  which  price  shall  be 
determined  by  the  county  commissioners  for  the  county  of 
Plymouth  in  case  no  agreement  between  the  parties  can 
be  arrived  at.     If  the  cost  of  maintaining  and  operating  Disposition  of 
the  works  of  said  corporation  shall  exceed  in  any  year  the  '°'^°™®" 
income  derived  from  said  works  by  said  corporation  or 
company  for  that  year,  then  such  excess  shall  be  added  to 
the  total  cost ;  and  if  the  income  derived  from  said  works 
by  said  corporation  exceeds  in  any  year  the  cost  of  main- 
taining and  operating  said  works  for  that  year,  then  such 
excess  shall  be  deducted  from  the  total  cost.     An  itemized  J.'entof'^receipts 
statement  of  the  receipts  and  expenditures  of  the  said  cor-  aud  expenses  to 

i  1        •  1  1  ,.  be  annually 

poration  shall  be  annually  submitted  to  the  selectmen  ot  submitted. 
the  town  of  Hanover,  and  b}'^  said  selectmen  to  the  citizens 
of  said  town  of  Hanover.     For  the  purpose  of  this  pur- 
chase said  town  of  Hanover  may  issue  town  bonds  there- 
for, secured  by  a  sinking  fund.     The  said  town  of  Hanover 


1000  1891.  — Chapter  399. 

on   taking,    as    herein    provided,    the    property    of   said 

corporation,  shall  assume  all  its  outstanding  obligations. 

Purchase  sub-     includiug  the  bonds  authorized  by  this  act.     This  author- 

ject  to  assent  by.  o  i     n  i  •  i  l      •  1.1 

a  two  thirds  ity  to  purchasc  such  tranchise  and  property  is  granted  on 
condition  that  the  purchase  is  assented  to  by  said  town 
of  Hanover  by  a  two  thirds  vote  of  the  voters  of  said  town 
present  and  voting  thereon  at  a  meeting  legally  called  for 
that  purpose. 
wtrfuu^cm--  Section  6,     Whoever  wilfully  or  wantonly  corrupts, 

ruptingor         pollutcs  or  diverts  any  of  the  waters  taken  or  used  under 

diverting  water,   '■,.,..  ^        .  ^  ,  .,  , 

etc.  this  act,  or  injures  any  structure,  work  or  other  property 

owned,  held  or  used  by  said  corporation  under  the  author- 
ity or  for  the  purposes  of  this  act,  shall  forfeit  and  pay  to 
said  corporation  three  times  the  amount  of  damage  assessed 
therefor,  to  be  recovered  in  an  action  of  tort ;  and  upon 
conviction  of  either  of  the  above  wilful  or  wanton  acts, 
shall  be  punished  by  a  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  not  exceeding  one  year. 

Capital  stock  Section  7.     The  Capitalization  of  said  corporation  shall 

not  exceed  the  sum  of  sixty  thousand  dollars,  to  be  divided 
into  shares  of  twenty-five  dollars  each. 

May  issue  bonds      SECTION  8.     Said  coiporation  may  issue  bonds  bearing 

not  exceeding       .,  ,,  ,  ,!••  j_ 

amount  of         interest  at  a  rate  not  exceeding  six  per  centum  per  annum 
capital  stock.     ^^^  sccure  the  same  by  a  mortgage  on  its  franchise,  cor- 
porate property  and  rights,  to  an  amount  not  exceeding 
the  amount  of  its  capital  stock  actually  paid  in  and  applied 
to  the  purposes  of  this  act. 
p.  s.  no,  §§15-      Section  9.     Sections  fifteen,  sixteen  and  seventeen  of 
1,,  not  to  apply.  ^j}^g^p|-gj.  yjjg  hundred  and  ten  of  the  Public  Statutes  shall 
not  apply  to  said  corporation. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Ap2)roved  June  11,  1891. 

Chcip.39d  An  Act  to  authorize  the  interstate  street  railway  com- 
pany TO  EXTEND  ITS  TRACKS  INTO  THE  TOWNS  OF  ATTLEBOROUGH, 
NORTH   ATTLEBOROUGH   AND   SEEKONK. 

Be  it  enacted,  etc.,  asfoUoivs: 
Interstate  SectionI.     The  Interstate  Street  Railway  Compaiiy  of 

CompanyM*^  Providencc,  in  the  state  of  Rhode  Island,  is  hereby  author- 
Txt^ndX^  ™^^  ized  to  extend  its  street  railway  tracks  and  wires  across 
imfAtik°"'  ttie  state  line  into  the  towns  of  Attleborough,  North  Attle- 
borough,  etc.  boTOUgh  and  Seekonk  in  this  Commonwealth,  with  power 
to  construct,  maintain  and  operate  a  street  railway  by 
electricity  or  other  power,  except  steam  power,  with  suit- 


1891.  —  Chaptee  400.  1001 

able  tracks  and  turn-outs  of  the  standard  gauge,  upon  and 
over  such  streets  and  highways  of  said  towns  of  Attle- 
borough,  North  Attleborough  and  Seekonk  as  have  been 
or  shall  hereafter  be  fixed  and  determined  by  the  selectmen 
of  the  respective  towns  aforesaid  ;  and  the  said  Interstate 
Street  Railway  Company  may  acquire  all  the  rights,  privi- 
leges and  franchises  which  have  been  granted  or  shall  be 
granted  by  said  towns  to  Homer  M.  Daggett,  Jr.  and  others 
to  build  and  operate  such  street  railways. 

Section  2.     Said  Interstate  Street  Railway  Company  Tocompiy-with 
shall  be  subject  to  and  shall  comply  with  all  the  general  ^^^  senerauaws. 
laws  which  now  are  or  hereafter  may  be  in  force  in  this 
Commonwealth  relating  to  street  railways  ;  iwovided,  that  Proviso. 
the  tracks  of  said  corporation  shall  not  cross  the  tracks  of 
any  steam  railroad  at  grade,  without  the  consent  of   the 
board  of  railroad  commissioners. 

Section  3.     The  said  company  shall  appoint  in  writing  Agent  to  be  ap. 
an  agent  who  shall  reside  in  one  of  said  towns,  and  whose  whomiega?" 
appointment  shall  be  filed  with  the  town  clerks  of  said  gerveT'"^^^^ 
towns,  and  service  of  legal  process  made  upon  such  agent 
shall  have  the  same  legal  effect  as  if  the  company  were 
established  under  the  laws  of  this  Commonwealth  and  such 
service  were  made  upon  the  corporation  itself. 

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

Approved  June  11,  1891. 

An  Act  relative  to  the  settlement  of  insolvent  estates  in  (J]i(xr)AOO 

CERTAIN  CASES  AFTER   THE   DECEASE   OF   THE   ORIGINAL   ASSIGNEE. 

Be  it  enacted,  etc.,  as  follows: 

Section    1.      When    an    assignee    in    insolvency    has  upou  death  of 
deceased,  and  it  does  not  appear  of  record  that  his  accounts  ^itifafc"oums 
have  been  finally  settled  and  that  he  has  distributed  or  another^' 
otherwise  lawfully  disposed   of  all  the   property  of  tlie  ^^/^j^JJ^jl ^''^ ''« 
insolvent,  any  creditor  of  the  insolvent,  or  the  insolvent 
himself,  if  living,  or  any  person  claiming  under  him  by 
purchase  or  gift  or  as  heir,   devisee  or  otherwise,   may 
apply  by  petition  to  the  court  of  insolvency  for  the  county 
in  which  the  proceedings  originally  were  had,  alleging  that 
there  is  property  which  belonged  to  the  insolvent's  estate 
which  such  assignee  has  not  distributed  or  disposed  of  and 
to  which  the  assignee,  if  living,  would  be  still  entitled, 
and  which,  if  real  estate,  has  not  been  conveyed  of  record 
by  the  insolvent,  his  heirs,  representatives  or  devisees  ; 
and  notice  shall  be  thereupon  given  by  published  citation 


1002  1891.  — Chapter  401. 

to  all  interested  in  the  insolvent's  estate,  and  if  the  peti- 
tioner makes  it  appear  that  there  is  such  property,  and 
unless  good  cause  is  shown  to  the  contrary  or  it  appears 
for  any  reason  inequitable,  although  there  should  be  no 
record  of  the  original  case  or  papers  relating  to  it  in  the 
said  court,  an  assignee  shall  be  appointed  by  the  court, 
who  shall  give  bond  if  required  by  the  court,  in  usual  form 
except  so  far  as  the  court  may  alter  the  same,  in  such 
amount  and  with  such  surety  or  sureties  as  the  court  may 
order ;  and  such  property  shall  thereupon  vest  in  such 
assignee  and  he  shall  proceed  to  sell  the  same  at  public  or 
private  sale,  and  the  net  proceeds  shall  be  disposed  of  as 
hereinafter  provided. 
Assignee  to  give       SECTION  2.     The    assiffucc    shall    mve    notice    of    his 

notice  of  ap-  .  .  im  ii-ii- 

pointment,  etc,  appomtmcut  HI  two  daily  newspapers,  one  published  in 
the  city  of  Boston  and  one  in  the  county  of  his  appoint- 
ment, once  a  week  for  five  successive  weeks,  calling  upon 
creditors  to  file  their  claims  in  the  said  court  within  three 
months  from  a  date  stated  in  the  notice,  which  date  shall 
be  subsequent  to  the  first  publication  of  the  notice  ;  and  if 
any  such  claims  are  so  filed  within  said  period  the  court 
shall  hear  and  decide  the  same,  and  all  claims  not  so  filed 
within  said  period  shall  be  barred,  and  there  shall  be  the 
same  right  of  appeal  as  to  such  claims  as  is  now  given  by 
law  in  regard  to  claims  in  insolvency  ;  and  as  soon  as  the 
amount  due  on  all  such  claims  finally  allowed  is  ascer- 
tained, or  if  the  period  named  has  elapsed  without  claim, 
the  assignee  shall  apply  for  a  decree  of  distribution,  which 
decree  shall  be  made  after  published  notice  to  all  inter- 
ested in  the  insolvent's  estate,  and  shall  designate  to  what 
creditors,  in  what  proportions,  or  to  what  heirs,  devisees 
or  claimants  under  the  insolvent,  the  amount  in  his  hands 
shall  be  applied,  and  such  decree  shall  be  binding  on  all 
parties  and  the  assignee  shall  distribute  the  same  accord- 
ingly. 

Title  held  by  SECTION  3.     Nothiuo^  in  this  act  Contained  shall  Operate 

bona  fide  -iiiii  i  ,«i  i  i- 

investor,  etc.  to  divcst  any  title  held  by  any  bona  fade  purchaser  claim- 
ing directly  or  indirectly  under  the  insolvent. 

Approved  June  11, 1891. 

Chct,J).4.0\  -^*^    ■^^'^    "^^    AUTHORIZE    THE    CITY     OF    QUINCY    TO    INTRODUCE    A 

PUBLIC    WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 
^^yofQuincy        Section  1.     The  city  of  Quincy,  for  the  purpose   of 
wa*te/''^         supplying  the  said  city  and  the  inhabitants  thereof  with 


1891.  — Chapter  401.  1003 

pure  water  for  the  extinguishment  of  fires  and  for  domestic 
and  other  purposes,  after  the  purchase  of  the  franchise, 
corporate  property,  rights  and  privileges  of  the  Quincy 
Water  Company,  as  provided  in  section  nine  of  chapter 
one  hundred  and  sixty-two  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-three,  may  take,  hold  and  convey  into 
and  through  said  city,  the  waters  of  Blue  Hill  river  and 
of  the  tributaries  thereof,  excepting  Braintree  great  pond 
and  Houghton's  pond  in  the  town  of  Milton,  at  any  point 
or  points  in  said  city  of  Quincy  and  the  towns  of  Braintree, 
Randolph  and  Milton,  with  any  water  rights  connected 
therewith  ;  and  may  also  take  and  hold   by  purchase    or  May  take  and 

.!•  ^        1         •    I  1.  c  i.  1  ^   hold  land,  etc. 

otherwise  any  land,  rights  or  way,  easements  and  real 
estate  necessary  for  laying,  constructing  and  maintaining 
pipes,  aqueducts,  water-courses,  reservoirs,  storage  basins, 
dams,  filter  galleries  and  such  other  works  as  may  be 
deemed  necessary  for  collecting,  purifying,  storing,  retain- 
ing, discharging,  conducting  and  distributing  said  waters, 
or  for  preserving  the  purity  of  said  waters  :  provided,  P'o^'so- 
however,  that  any  lands  taken  for  preserving  the  purity 
of  said  waters  or  water  supply  shall  not  be  more  than  one 
thousand  feet  distant  from  the  same. 

Section  2.     Said   city  shall,  within    sixty  days   after  to  eie,  etc.,  in 

.    T  .  IT  -i";  r  1  -ij  J         ttie  registry  of 

taking  any  lands,  rights  of  way,  water  rights,  water  deeds, adescrip- 
sources  or  easements  aforesaid,  otherwise  than  by  pur-  laklu!'^"'^''^''^" 
chase,  for  the  purposes  of  this  act,  file  and  cause  to  be 
recorded  in  the  registry  of  deeds  for  the  county  of  Nor- 
folk a  description  thereof  sufficiently  accurate  for  identi- 
fication, with  a  statement  of  the  purposes  for  which  the 
same  were  taken,  which  statement  shall  be  signed  by  the 
mayor. 

Section  3.     Said  city,  for  the  purposes  aforesaid,  may  May  construct 
construct  aqueducts  and  maintain  the  same  ;  may  construct  ma"in'tain  dams, 
and  maintain  dams,  reservoirs,  storage  basins,  filter  gal-  J'eservoirs, etc. 
leries  and  otlier  proper  works  ;  may  erect  buildings  and 
machinery  ;  may  make  and  establish  such  public  fountains 
and  hydrants  as  may  from  time  to  time  be  deemed  proper, 
and  may  change  or  discontinue  the  same ;  may  regulate 
the  use  of  water,  and  establish  the  rates  to  be  paid  there- 
for and  collect  the  same  by  process  of   law.     Said  city 
may  also,  for   the    purposes    aforesaid,  carry    any    pipe, 
drain  or  aqueduct  over  or  under  any  river,  water-course, 
street,  railroad,  public    way,  highway  or   other  way,  in 
such  manner  as  not  unnecessarily  to  obstruct  the  same, 


1004 


1891.  — Chapter  401. 


May  enter  upon 
and  dig  up 
roads,  etc. 


Roads  to  be  re- 
stored to  good 
order  and  con- 
dition, etc. 


Indemnity 

against 

damages. 


Damages  to  be 
paid  by  the  city. 


and  may  enter  upon  and  dig  up  such  road,  street  or  way 
for  the  purpose  of  laying  down,  maintaining  or  repairing 
any  pipe,  drain  or  aqueduct,  and  may  do  any  other  thing 
necessary  and  proper  in  executing  the  purposes  of  this 
act. 

Section  4.  If  said  city  enters  upon  and  digs  up,  for 
the  purposes  aforesaid,  or  by  reason  of  anything  author- 
ized by  this  act  injures  any  road,  street  or  way  which  is 
outside  the  limits  of  said  city,  it  shall  be  subject  to  such 
reasonable  regulations  as  may  be  prescribed  by  the  select- 
men of  the  town  in  which  such  road,  street  or  way  is 
located,  and  shall  restore  the  same  to  as  good  order  and 
condition  as  it  was  in  when  such  digging  commenced,  or 
before  such  injury  occurred  ;  and  shall  forever  maintain 
all  railings  which  may  be  necessary  on  account  of  any 
alteration  required  to  be  made  in  the  grade  of  any  portion 
of  any  street  by  reason  of  anything  done  under  the 
authority  of  this  act ;  and  the  work  shall  be  done  and  all 
repairs  he  made  in  such  manner  and  with  such  care  as  not 
to  render  any  road,  street  or  way  in  which  such  pipes  are 
laid,  unsafe  or  unnecessarily  inconvenient  to  the  public 
travel  thereon.  Said  city  shall  at  all  times  indemnify 
and  save  harmless  any  such  town  which  is  liable  to  keep 
in  repair  any  road,  street  or  way  aforesaid,  against  all 
damages  and  costs  which  may  be  recovered  against  it, 
and  shall  reimburse  to  it  all  expense  which  it  shall  reason- 
ably incur  in  the  defense  of  suits  or  otherwise  by  reason 
of  any  defect  or  want  of  repair  in  such  road,  street  or 
way,  caused  by  the  placing,  maintenance,  repairing  or 
replacing  of  said  pipes,  or  by  reason  of  any  injury  to  per- 
sons or  property,  caused  by  any  defect  or  want  of  repair 
in  any  such  pipes,  provided  that  said  city  has  notice  of 
any  claim  or  suit  for  such  damage  or  injury  and  an  oppor- 
tunity to  assume  the  defence  thereof. 

Section  5.  Said  city  shall  be  liable  to  pay  all  damages 
sustained  by  any  persons  or  corporations  by  the  taking  of 
or  injury  to  any  of  their  land,  water,  water  rights,  rights 
of  way,  easements  or  property,  or  by  the  constructing  or 
repairing  of  an}^  aqueduct,  reservoir  or  other  works  for 
the  purposes  aforesaid.  If  any  person  sustaining  damages 
as  aforesaid  does  not  agree  with  said  city  upon  the  amount 
of  said  damages  he  may  within  two  years  from  such  tak- 
ing, and  not  afterwards,  apply  by  petition  for  an  assess- 
ment of  the  damages  to  the  superior  court  in  the  county 


1891.  — Chapter  401.  1005 

of  Norfolk.  Such  petition  may  be  filed  in  the  clerk's  office  Damages. 
of  said  court  in  vacation  or  at  any  sitting,  and  the  clerk 
shall  thereupon  issue  a  summons  to  the  said  city,  return- 
able, if  issued  in  vacation,  at  the  next  sittins;  of  the  court 
to  be  held  after  the  expiration  of  fourteen  days  from  the 
filing  of  the  petition,  and  if  at  any  sitting,  returnable  on 
such  day  as  the  court  shall  order,  to  appear  and  answer  to 
the  petition.  The  summons  shall  be  served  fourteen  days 
at  least  before  the  sitting  or  day  at  which  it  is  returnable, 
by  leaving  a  copy  thereof  and  of  the  petition,  certified  by 
the  officer  who  serves  the  same,  with  the  clerk  of  said  city  ; 
and  the  court  may,  upon  default  or  hearing  given  to  said 
city,  appoint  three  disinterested  persons  who  shall  after 
reasonable  notice  to  the  parties,  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  pro- 
vided. 

Section  6.     If  either  of  the  parties  mentioned  in  the  PartieBag- 
preceding  section  is  dissatisfied  with  the  amount  of  dam-  havJammm 
ages  awarded  as  therein  expressed,  such  party  may  at  the  fi^edbyajury. 
sitting  at  which  such  award  was  accepted  or  the  next  sit- 
ting thereafter,  claim  in  writing  a  trial  in  said  court,  and 
have  a  jury  to  hear  and  determine  at  the  bar  of  said  court 
all  questions  of  fact  relating  to  such  damages,  and  to  assess 
the  amount  thereof;  and  the  verdict  of  the  jury,   being 
accepted  and  recorded  by  the  court,  shall  be  final  and  con- 
clusive, 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  the  laying  out  of  high- 
ways. 

Section  7.     No  application  shall  be  made  to  the  court  f^l^^g^^'°ot\°o 
for  the  assessment  of  damages  for  the  taking  of  any  water  bemadeuntn 

.    ,  r-  •     •  1  i  jm     1  >_        •  i.       n       water  18  actually 

rights,  or  tor  any  mjury  thereto,  until  the  water  is  actually  withdrawn. 
withdrawn  or  diverted  by  said  city  under  the  authority  of 
this  act. 

Section  8.     In  every  case  of  a  petition  to  the  superior  city  may  make 
court  for  an  assessment  of  damages,  as  provided  in  this  dlmages".' 
act,  the  city  may  tender  to  the  complainant  or  his  attorney 
any  sum,  or  may  bring  the  same  into  court  to  be  paid  to 


1006 


1891.  — Chapter  401. 


Quincy  Public 
Water  Supply 
Loan  not  to  ex- 
ceed $400,000. 


Sinking  fund  to 
be  established. 


May  provide  for 
payment  in  an- 
nual propor- 
tionate 
amounts. 


the  complainant  for  the  damages  by  him  sustained  or 
claimed  in  his  petition,  or  may  in  writing  oifer  to  be 
defaulted,  and  that  damages  may  be  awarded  against  it  for 
the  sum  therein  expressed,  and  if  the  complainant  does 
not  accept  such  sum  with  his  costs  up  to  that  time,  but 
proceeds  in  his  suit,  he  shall  be  entitled  to  his  costs  up  to 
the  time  of  the  tender  of  such  payment  into  court  or  offer 
of  award,  and  not  afterwards,  unless  the  complainant 
recovers  greater  damages  than  Avere  so  offered. 

Section  9.  For  the  purpose  of  defraying  the  cost  of 
such  property,  land,  easements,  water  and  water  rights  as 
may  be  purchased,  taken  or  held  for  the  purposes  afore- 
said, and  of  constructing  the  works  authorized  by  this  act, 
and  paying  all  expenses  incident  thereto,  the  city  of  Quincy 
shall  have  the  authority  to  issue  notes,  scrip  or  bonds,  to 
be  denominated  on  the  face  thereof  Quincy  Public  Water 
Supply  Loan,  to  an  amount  not  exceeding  four  hundred 
thousand  dollars,  bearing  interest  not  exceeding  five  per 
centum  per  annum,  payable  semi-annually,  the  principal 
to  be  payable  at  periods  of  not  more  than  thirty  years  from 
the  issuing  of  such  notes,  scrip  or  bonds  respectively. 
Said  city  may  sell  the  same,  or  any  part  thereof,  from 
time  to  time,  or  pledge  the  same  for  money  borrowed  for 
the  above  purposes ;  but  the  same  shall  not  be  sold  or 
pledged  for  less  than  the  par  value  thereof.  Said  city 
shall  pay  the  interest  as  it  accrues  on  said  loan,  and  shall 
establish  a  sinking  fund  and  shall  contribute  thereto  annu- 
all}^  a  sum  sufficient  with  its  accumulations  to  pay  the 
principal  of  said  loan  at  maturity  ;  and  said  sinking  fund 
shall  remain  sacred  and  inviolate  and  pledged  to  the  pay- 
ment of  said  principal  and  shall  be  used  for  no  other  pur- 
pose. 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  10.  The  said  city  of  Quincy  instead  of  estab- 
lishing a  sinking  fund  ma}^  at  the  time  of  authorizing  said 
loan  provide  for  the  payment  thereof  in  such  annual  pro- 
portionate payments  as  will  extinguish  the  same  within 
the  time  prescribed  in  this  act ;  and  when  such  vote  has 
been  passed  by  the  city  council  and  approved  by  the 
mayor  of  said  city,  the  amount  required  thereby  shall 
without  further  vote  be  assessed  by  the  assessors  of  said 
city  in  each  year  thereafter,  until  the  debt  incurred  by 
said  loan  shall  be  extinguished,  in  the   same  manner  as 


1891.  — Chapter  401.  1007 

other  taxes  are  assessed  under  the  provisions  of  section 
thirty-four  of  chapter  eleven  of  the  Public  Statutes. 

Section  11.     A  board  consisting  of  three  commission-  Board  of  water 

I  1111  "<•  c         'j-i.  1111  •     1.    J3   commissioners 

ers,  who  shall  be  citizens  ot  said  city,  shall  be  appointed  to  be  appointed. 
by  the  mayor  as  soon  as  practicable  after  this  act  shall 
have  been  accepted  by  the  citizens  of  said  city  as  herein- 
after provided  ;  they  shall  hold  their  otfa'ces  respectively 
until  the  expiration  of  one,  two  and  three  years  from  the 
first  Monday  of  February  next  preceding  their  appoint- 
ment and  until  their  respective  successors  have  been 
appointed  and  qualitied,  unless  they  shall  sooner  resign 
or  be  removed  for  cause  as  hereinafter  provided  ;  and 
thereafter  in  January  in  each  succeeding  municipal  year 
one  person  shall  be  so  appointed  a  member  of  said  board, 
W'ho  shall  hold  ofBce  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. 
vacancies  which  may  occur  by  death,  resignation  or  other- 
wise shall  be  made  without  delay  by  the  mayor,  and  he 
may  remove  any  water  commissioner  from  ofiice  for  the 
causes  and  in  the  manner  provided  in  section  twenty- 
seven  of  chapter  three  hundred  fortj^-seven  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-eight.  Said  com-  compensation. 
missioners  shall  have  such  office  room  and  clerical  assist- 
ance and  shall  receive  such  compensation  as  the  city 
council  from  time  to  time  may  determine. 

Section  12.     The  said  commissioners  shall  superintend  JtrucuoD'ami'" 
and  direct  the  construction,  execution  and   performance  performance  of 

II'  •  1    •         1  works,  etc. 

01  all  the  works,  matters  and  things  mentioned  in  the  pre- 
ceding sections.  They  shall  be  subject  to  such  ordinances, 
rules  and  regulations  in  the  execution  of  such  duties  as 
the  city  council  may  from  time  to  time  ordain  and  estab- 
lish, not  inconsistent  with  the  provisions  of  this  act  and 
the  laws  of  this  Commonwealth  :  provided,  liowever,  that  Proviso. 
whenever  a  system  of  water  works  under  the  provisions 
of  this  act  shall  be  substantially  completed  and  put  in 
successful  operation,  said  commissioners,  upon  written 
request  of  the  mayor,  shall  transfer  the  same  to  the  com- 
missioner of  public  works  of  said  city,  and  thereupon  the 
powers  of  said  board  of  water  commissioners  shall  cease 
and  all  of  its  powers  shall  be  vested  in  and  all  of  its  duties 
imposed  upon  said  commissioner  of  public  works.  Said  ['o°mabe*con!'* 
water  commissioners  shall  make  all  contracts  for  the  above  tracts,  etc. 


1008 


1891.  —  Chaptek  401. 


Owner  and  oc- 
cupant liable  for 
payment  of 
water  rent. 


Penalty  for 
maliciously  cor- 
rupting or 
diverting  water, 
etc. 


Repeal. 


Subject  to  ac- 
ceptance by  a 
two  thirds  vote 
within  three 
years. 


When  to  take 
effect. 


purposes  in  the  name  and  behalf*  of  the  city,  but  no  con- 
tract shall  be  made  by  them  which  involves  the  expendi- 
ture of  money  not  already  appropriated  for  the  purpose 
by  the  city  council  of  said  Quincy.  A  majority  of  said 
commissioners  shall  be  a  quorum  for  the  exercise  of  the 
powers  and  the  performance  of  the  duties  of  the  commission. 

Section  13.  The  occupant  of  any  tenement  shall  be 
liable  for  the  payment  of  the  rent  for  the  use  of  the  water 
in  such  tenement,  and  the  owner  shall  also  be  liable,  in 
case  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  Quincy. 

Section  14.  Whoever  wantonly  or  maliciously  diverts 
the  water,  or  any  part  thereof,  taken  or  held  by  said  city 
pursuant  to  the  provisions  of  this  act,  or  corrupts  the 
same,  or  renders  it  impure,  or  destroys  or  injures  any 
dam,  aqueduct,  pipe,  conduit,  hydrant,  machinery  or 
other  works  or  property  held,  owned  or  used  by  said  city 
under  the  authority  and  for  the  purposes  of  this  act,  shall 
forfeit  and  pay  to  said  city  three  times  the  amount  of  the 
damages  assessed  therefor,  to  be  recovered  in  an  action  of 
tort ;  and  on  conviction  of  either  of  the  wanton  or  mali- 
cious acts  aforesaid  may  also  be  punished  by  fine  not 
exceeding  three  hundred  dollars  or  by  imprisonment  not 
exceeding  one  year  in  the  house  of  correction. 

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  to  the  quali- 
fied voters  of  the  city  of  Quincy  for  its  acceptance,  and 
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  within  three  years  from  the 
passage  of  this  act  determine  by  ballot  by  a  two  thirds 
vote  of  those  present  and  voting  to  accept  the  same. 

Section  17.  So  much  of  this  act  as  authorizes  the 
submission  of  the  question  of  its  acceptance  to  the  legal 
voters  of  said  city  shall  take  effect  upon  its  passage,  but 
it  shall  not  take  further  elfect  unless  and  until  accepted, 
as  hereinbefore  provided,  by  the  qualified  voters  of  said 
city,  and  the  number  of  meetings  called  for  the  purpose 
of  its  acceptance  shall  not  exceed  three  in  any  one  year. 

Approved  June  11,  1891. 


1891.  — Chapter  402.  1009 


An  Act  to  establish  a  nautical  training  school.  CliapAO^ 

Be  it  enacted^  etc.,  as  follows: 

Sectiox  1.     The  crovernor  with  the  advice  und  consent  ??9:Yin,?l?of'' 
of  the  council  shall  appoint,  as  soon  as  practicable  after  ^^^jg'^j^f^fjj^^'f 
the  passage  of  this  act,  three  citizens  of  this  Common-  Tiaining 
wealth,  who  shall  constitute  a  Board  of  Commissioners  of  appointed. ^ 
the  Massachusetts  Nautical  Training  School,  and  who  shall 
hold  office  for  terms  of  one,  two  and  three  years  respectively, 
from  the  iirst  day  of  July  in  the  year  eighteen  hundred 
and  ninety-one  and  until  their  successors  are  appointed 
and  qualitied;  and  before  the  first  day  of  July  in    each 
year  thereafter  one  commissioner  shall    be    appointed  in 
like  manner,  to  hold  office  for  the  term  of  three  years. 
Vacancies  may  be  filled  for  the  residue  of  a   term,  by  vacancies. 
appointment,  and  a  commissioner  may  be  removed  at  any 
time  for  cause,  to  be  stated  in  the  order  of  removal.     All 
appointments  and  removals  shall  be  made  by  the  governor 
with  the  advice  and  consent  of  the  council. 

Sectiox  2.     Said  commissioners    ^hall    serve   without  o'^°i'Jo''^^p^j^a." 
compensation,  but  they  shall  be  reimbursed  from  the  treas-  tion. 
ury  of  the  Commonwealth  for  all  expenses  actually  incurred 
by  them  in  the  performance  of  their  official  duties. 

Section  3.  Said  commissioners  shall  provide  and  Ji^iPtS  """^ 
maintain  a  nautical  training  school  for  the  instruction  and  "^boot'^''^*""^ 
training  of  pupils  in  the  science  and  practice  of  navigation, 
shall  furnish  accommodations  for  the  school  on  board  a 
proper  vessel,  shall  from  time  to  time  purchase  and  pro- 
vide such  books,  stationery,  apparatus  and  supplies  as  arc 
needed  in  the  work  of  the  school,  shall  appoint  and  remove 
instructors  and  other  necessary  employees,  and  determine 
their  number  and  compensation,  shall  fix  the  terms  and  con- 
ditions upon  which  pupils  shall  be  received  and  instructed 
in  the  school,  and  discharged  or  dismissed  therefrom,  and 
shall  establish  all  rules  and  regulations  necessary  for  the 
proper  management  of  the  school.  For  the  purpose  of 
giving  the  pupils  of  the  school  a  practical  knowledge  of 
navigation  and  the  duties  of  mariners,  said  commissioners 
shall  from  time  to  time  provide  for  the  making  of  cruises 
in  or  from  the  harbor  of  Boston. 

Section    4.      Said    (ommissioners    are    authorized    to  May  receive  a 

1TT.T-,  iii.  e        vessel  from  the 

receive  from  the  United  States  government,  and  to  use  tor  uuited  states. 
the  accommodation  of  the  school,  such  vessel  or  vessels  as 
the  secretary  of  the  navy  may  detail  for  that  purpose. 


1010 


1891.  — Chaptek  403. 


Expense  of 
maintaining 
school. 


Proviso. 


To  report  de- 
tailed statement 
to  the  lej;isla- 
ture  annually. 


Section  5.  In  order  to  properly  maintain  the  said 
nautical  training  school,  the  commissioners  may  expend  a 
sum  not  exceeding  fift}^  thousand  dollars  which  shall  be 
paid  from  the  treasury  of  the  Commonwealth  on  properly 
approved  vouchers,  which  shall  be  approved  by  the  gov- 
ernor and  council  and  presented  to  the  auditor  of  the  Com- 
monwealth for  allowance  in  the  same  manner  as  other 
claims  against  the  Commonwealth  -.provided,  hmcever,  that 
no  expenditure  shall  be  made  or  allowed  until  a  vessel 
suitable  for  the  proposed  nautical  training  school  shall 
have  been  furnished  by  the  United  States  government  and 
turned  over  to  the  Commonwealth,  and  the  same  approved 
of  and  accepted  b}'  the  governor  and  council. 

Section  6.  Said  commissioners  shall  annually  in  the 
month  of  January  make  a  report  to  the  legislature,  pre- 
senting a  detailed  statement  of  all  moneys  appropriated 
and  expended  for  the  purposes  of  the  nautical  training 
school  during  the  year  preceding ;  also  stating  the  results 
of  the  work  during  such  year,  and  making  such  recom- 
mendations as  seem  to  them  proper. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  11,  1891. 


Chap. 


Corporations 
may  be  pre- 
vented from 
doing  business 
hazardous  to 
the  public. 


4Q3  An  Act  to  authorize  the  commissioners  of  savings  banks  to 

PREVENT  FOREIGN   CO-OPERATIVE   BANKING    CORPORATIONS    FROM 
TRANSACTING   BUSINESS   IN   THIS   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Whenever,  upon  examination  or  otherwise,  it  is  the 
opinion  of  the  board  of  commissioners  of  savings  banks 
that  any  association  or  corporation  established  under  the 
laws  of  another  state,  for  the  purpose  of  carrying  on  the 
business  of  accumulating  the  savings  of  its  members  and 
loaning  to  them  such  accumulations  in  the  manner  of  a 
co-operative  bank,  and  authorized  to  do  business  in  this 
Commonwealth,  is  transacting  such  business  in  a  manner 
hazardous  to  the  public,  or  its  condition  is  such  as  to  ren- 
der further  proceedings  by  it  hazardous  to  the  public,  said 
board  shall  revoke  or  suspend  the  authority  given  to  such 
association  or  corporation  if  it  has  been  authorized  to  do 
business  in  the  Commonwealth  as  aforesaid,  and  if  not  so 
authorized  said  board  shall  notify  it  to  cease  the  transac- 
tion of  such  business  ;  and  in  either  case  such  association 
or  corporation  shall  thereafter  have  no  authority  to  trans- 


1891.  —  Chapter  404.  1011 

act  such  business  within  the  Commonwealth.  But  nothing  Loans  upon 
herein  contained  shall  prevent  such  association  or  corpo-  real  estate  in 
ration  from  loaning  money  upon  mortgages  of  real  estate  weaith"'^°" 
located  within  the  Commonwealth. 

ApjJTOved  June  11,  1891. 


Chax)A04. 


An  Act  in  relation  to  pensioning  disabled  members  of  the 

FIRE   department   OF   THE   CITY   OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  one  hundred  and  J^!o'J2l'f  J> 

/»!  (*      \  •!!  iii«i  lo88,  174,  §  1, 

seven  or  the  acts  ot  the  year  eighteen  hundred  and  eighty  amended, 
as  amended  by  chapter  one  hundred  and  seventy-four  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight  is 
hereby  amended  by  striking  out  the  word  "  afhrmative  ", 
in  the  fifth  line  of  section  one  of  said  chapter  one  hundred 
and  seventy-four,  and  inserting  in  place  thereof  the  word  : 

—  majority,  —  and  by  striking  out  the  word  ''all",  in 
said  tifth  line,  also  by  striking  out  the  word  "may",  in 
the  sixth  line  of  said  section,  and  inserting  in  place  there- 
of the  words  :  —  shall  when  they,  — also  by  striking  out 
the  word  "  and",  in  the  tenth  line  of  said  section,  also  by 
striking  out,  in  the  eleventh  and  twelfth  lines,  the  words 
"no  such",  and  inserting  in  place  thereof  the  word:  — 
any,  —  also  by  striking  out,  in  said  twelfth  line,  the  word 
"  shall  ",  and  inserting  in  place  thereof  the  word  :  —  may, 

—  and  by  striking  out,  in  said  twelfth  line,  the  word 
"unless",  and  inserting  in  place  thereof  the  word:  — 
when,  —  also  by  striking  out,  in  the  twentieth  line,  the 
word  "disabled",  also  by  striking  out,  in  the  twenty- 
seventh  and  twenty-eighth  lines,  the  words  "an  amount 
not  exceeding",  and  by  striking  out,  in  the  thirtieth  line, 
the  word  "  less  ",  and  inserting  in  place  thereof  the  word  : 

—  further,  —  soas  to  read  as  follows  :  —  Section  1.     The  Pensions  for 
board  of  tire  commissioners  of  the  city  of  Boston,  by  the  b[fr8''df'th™fi™e 
majority  vote  of  the  members,  and  with  the  approval  of  g^P^'''™'""^ °^ 
the  mayor,  shall,  when  they  retire  from  ofSce  in  the  fire 
department  any  member  thereof  who  has  become  disabled 
while  in  the  actual  performance  of  duty,  or  any  member 
who  has  performed  faithful  service  in  the  department  for  a 
period  of  not  less  than  fifteen  consecutive  years,  place  the 
member  so  retired  upon  a   pension    roll.     Any  member 
may  be  placed  on  the  pension  roll  when  it  shall  be  certified 
to  the  board  in  writing  by  the  city  physician  that  such 


ston. 


1012 


1891.  — Chapter  405. 


Pension  for  total 
disability. 


Peusion  after 
fifteen  years 
service. 


Pension  of 
members  of  the 
call  force. 


Subject  to  ac- 
ceptance by  the 
city  council. 


member  is  permanently  incapacitated,  either  mentally  or 
physically,  from  performing  his  duties  as  a  member  of  the 
department.  In  case  of  total  disability  caused  or  induced 
by  the  actual  performance  of  his  duty,  the  amount  of 
annual  pension  shall  be  one  half  of  the  annual  compensa- 
tion allowed  to  men  of  the  grade  in  which  such  member 
served,  or  such  less  sum  as  the  said  board  may  determine. 
The  pension  of  members  of  the  permanent  force  who 
have  served  fifteen  years  shall  be  an  amount  not  exceeding 
one  third  the  annual  salary  or  compensation  of  the  office 
from  which  said  members  are  retired,  or  such  less  sum  as 
the  board  may  determine.  The  pension  of  members  of 
the  call  force  who  have  served  fifteen  or  more  consecutive 
years  shall  be  one  half  the  annual  salary  or  compensation 
of  the  office  from  which  said  members  are  retired,  or 
such  further  sum  as  the  board  may  determine. 

Section  2.     This  act  shall  take  effect  when  accepted 
by  the  city  council  of  the  city  of  Boston. 

Approved  June  11,  1891. 


Commissioners 
for  the  Promo- 
tion of  Uni- 
formity of 
Legislation  in 
the  United 
States  to  be 
appointed. 


Ch(lV.4:05   -^^   -^^"^  "^^   ESTABLISH   A   BOARD   OF   COMMISSIONERS   FOR   THE   PRO- 
MOTION  OF   UNIFORMITY   OF    LEGISLATION   IN   THE   UNITED   STATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  governor  shall  w^ith  the  advice  and 
consent  of  the  council,  within  thirty  days  after  the  passage 
of  this  act,  appoint  three  suitable  persons,  who  are  hereby 
constituted  a  board  of  commissioners  by  the  name  and 
style  of  Commissioners  for  the  Promotion  of  Uniformity 
of  Legislation  in  the  United  States.  The  said  commis- 
sioners shall  meet  and  organize  within  thirty  days  after 
the  said  board  shall  be  appointed,  and  shall  hold  office  for 
a  term  not  exceeding  two  years  from  the  day  of  such 
organization.  Any  vacancy  in  the  office  of  such  commis- 
sioner by  resignation  or  otherwise  shall  be  filled  for  the 
unexpired  term  of  appointment  by  the  appointment  of  a 
suitable  person  by  the  governor  with  the  advice  and  con- 
sent of  the  council.  The  governor  may  remove  for  cause 
any  or  all  of  said  commissioners. 

Section  2.  It  shall  be  the  duty  of  said  board  to  exam- 
ine the  sul)jects  of  marriage  and  divorce,  insolvency,  the 
form  of  notarial  certificates,  acknowledgment  of  deeds, 
execution  and  probate  of  wills ;  to  confer  upon  these 
matters  with  the  commissioners  appointed  for  the  same 


Subjects  of 
marriage, 
divorce,  etc.,  to 
be  examined. 

To  confer  with 
commissioners 
for  other  states. 


1891.  —  Chapter  406.  .        1013 

purpose  by  any  other  state  or  states  ;  to  ascertain  the  best 
means  to  effect  an  assimilation  and  uniformity  in  the  laws 
of  the  states  upon  these  subjects,  and  especially  to  consider 
whether  it  would  be  wise  and  practicable  for  the  state  of 
Massachusetts  to  join  with  any  other  state  or  states  of  the 
union  in  extending  an  invitation  to  other  states  to  send 
representatives  to  a  convention  to  draft  uniform  laws  to 
be  submitted  for  adoption  by  the  several  states. 

Section  3.     The  said    board    of  commissioners    shall  o°traMactk)n8' 
keep  a  record  of  all  its  transactions  and  shall  on  or  before  and  report  to 

,,.  r,  -,  t>  -r^  1  'ji  -li  1  '■'c  governor 

the  thirty-first  day  of  December  in  the  year  eighteen  hun-  and  council. 
dred  and  ninety-two,  and  may  at  any  other  time,  make  a 
report    of  its  doings  and  of  its  advice  and  recommenda- 
tions, to  the  governor  and  council,  to  be  transmitted  to  " 
the  legislature. 

Section  4.     No  member  of  the  board  shall  receive  any  to  serve  with- 
compensation  for  his  services,  but  each  member  shall  be  uonlTxpense's 
repaid  from  the  treasury  of  the  Commonwealth  the  amount  to  be  allowed. 
of  his  actual  travelling  and  other  necessary  expenses  in- 
curred in  the  discharge    of  his    official   duty,    after   the 
account  for  the  same  has  been  audited  by  said  board ;  and 
said  board  shall  keep  a  full  account  of  its  expenditures. 

Section  5.     To  carry  out  the  provisions  of  this  act  a  $2,500  may  be 
sum  not  exceeding  twenty-five  hundred  dollars  may  be  ^^^'^° 
expended. 

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

Approved  June  11,  1891. 

An  Act  to  amend  chapter  one  hundred  and  eighty-five  of  (7/^(^7) ,4-06 

THE  acts  of  the  YEAR  EIGHTEEN  HUNDRED  AND  NINETY-ONE 
entitled  an  act  relating  to  THE  PROMOTION  OF  ANATOMICAL 
SCIENCE. 

Be  it  enacted,  etc.,  as  follows: 

SECTidsr  1.  The  name  state  workhouse,  which  is  used  ^"i^'ig^^'J.'" 
in  section  one  of  chapter  one  hundred  and  eighty-five  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-one, 
being  "an  act  relating  to  the  promotion  of  anatomical 
science ",  shall  be  held  to  apply  to  the  state  farm  at 
Bridgewater,  and  the  trustees  and  superintendent  of  the 
state  farm  at  Bridgewater  may  exercise  the  powers  given 
by  said  section. 

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

Approved  Jane  11,  1891. 


1014 


1891.  —  Chapteks  407,  408. 


ChapAOl 


Affidavit  may 
be  made  before 
certiticate  is 
issued. 


Public  highway 
bridge  across 
Cohasset  nar- 
rows. 


An  Act  relative  to  affidavits  in  poor  debtor  cases. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  When  a  judgment  debtor  is  entitled  to 
notice  of  application  for  a  certificate  authorizing  his  arrest, 
the  affidavit  required  by  law  may,  unless  the  court  or 
magistrate  otherwise  orders,  be  made  at  any  time  before 
the  certificate  is  issued. 

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

Approved  June  11,  1891. 

ChcivAOS  ^^  -^^^  providing  for  the  construction  of  a  public  high- 
way BRIDGE   across   COHASSET  NARROWS,   BETWEEN  THE  TOWNS 
■      OF   WAREHAM   AND   BOURNE. 

Be  it  enacted,,  etc.,  as  folloivs : 

Section  1.  The  county  commissioners  of  the  counties 
of  Plymouth  and  Barnstable,  whenever  either  of  the  towns 
of  Wareham  and  Bourne  by  vote  of  a  majority  of  the  legal 
voters  of  either  of  said  towns  present  and  voting  at  town- 
meetings  duly  called  for  the  purpose  request  them  so  to 
do,  are  hereby  authorized  and  directed  to  lay  out  and 
construct,  subject  to  the  provisions  of  chapter  nineteen  of 
the  Public  Statutes,  a  public  highway  bridge,  with  suitable 
approaches  thereto,  across  Cohasset  narrows,  so  called, 
between  the  towns  of  Wareham  and  Bourne,  at  some 
convenient  point  above  the  present  railroad  bridge  across 
said  narrows.  Said  bridge  may  be  constructed  with  or 
without  a  draw  therein,  as  the  board  of  harbor  and  land 
commissioners  shall  approve. 

Section  2. 
said  bridge  and  approaches,  with  all  necessary  expenses 
attending  the  same,  shall  be  paid  by  said  counties  of  Plym- 
outh and  Barnstable   in   such  manner  or  proportions  as 
their  boards  of  county  commissioners  may  agree ;  or,  in 
case  of  failure  to  agree,  as  the  county  commissioners  of 
the  count}'^  of  Bristol,  upon  the  application  of  any  inter- 
ested party,  and  after   public  notice   and    hearing,  shall 
determine  and  award.     The  reasonable  compensation  and 
expenses  of  said  last  named  commissioners,  if  so  called 
upon  to  act,  shall  be  paid  as  a  part  of  the  cost  of  the 
bridge. 
Apportionment       Section  3.     As  soou  after  the  completion  of  the  bridge 
and  certain  '      as  thc  full  amouut  of  the  cost  and  expense  incurred  is 
towns!"  ascertained,  the  share  or  part  thereof  incurred  by  each  of 


Cost  to  be  paid 
by  counties  of 
Plymouth  and 
Barn'b  table. 


The  cost  of  layino:  out  and  constructing 


1891.  — Chapter  409.  1015 

said  counties  of  Plymouth  and  Barnstable  shall  be  appor- 
tioned by  its    board  of  county  commissioners    upon  the 
county  and  upon  such  cities  and  towns  therein,  as  will  in 
the  judgment  of  said  commissioners  be  specially  benefited 
by  the  bridge,  in  such  manner  or  proportions  as  they  deem 
to  be  just  and  reasonable.     If  any  city  or  town  fails  to  May  be  re. 
pay  into  the  county  treasury  the  sum  so  apportioned  upon  action  auaw 
it,  for  thirty  days  after  notice  and  request  of  payment,  Jlfarepayment 
the  same  may  be  recovered   with  interest  to  the  use  of 
the  county  by  action  at  law  brought  in  the  name  of  the 
county  treasurer. 

Section  4.  The  counties  of  Plymouth  and  Barnstable,  counties,  etc., 
and  any  city  or  town  therein  required  to  contribute  as  moDey%TcT 
aforesaid,  may  severally  borrow  upon  their  note  or  obli- 
gations such  sums,  not  exceeding  their  respective  shares 
or  apportionments  of  the  whole  cost  and  expense  aforesaid, 
as  they  deem  necessary  to  enable  them  to  comply  with 
the  provisions  of  this  act. 

Section  5.     After  the  completion  of  said  bridge,  the  To  be  kept  in 
towns  of  Wareham  and  Bourne  shall  severally  maintain  of''wa^eVi*'m°'' 
and  keep  in  repair,  and  shall  be  severally  liable  for  any  ^nd  Bourne. 
defects  in,  the  portions  of  the  bridge  within  their  respec- 
tive limits  and  none  other. 

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

Ajyj^roved  June  11,  1891. 


An  Act  relating  to  the  expense  of  rebuilding  newburyport 

BRIDGE. 


ChapAO^ 


Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  county  commissioners  of  the  county  Towns  of  saiis. 
of  Essex  may  allow  from  the  treasury  of  said  county,  to  Ani^Jf,u1y  may 
the  towns  of  Salisbury  and  Amesbury  respectively,  such  J'lfp"^  f^r'fe-'^ 
sums  of  money  as  they  may  think  just  and  equitable,  to  buiidin^New- 

•      1  -c      .\  ■  \    V  I'll-  4.-  i?   ^i        buryport  bridge. 

indemnity  them  in  part  lor  rebuildmg  a  portion  of  the 
Nevvburyport  bridge  over  Merrimac  river :  provided, 
that  the  sums  so  allowed  to  said  towns  shall  not  exceed 
forty  per  centum  of  the  amount  said  towns  have  expended 
in  rebuilding  the  same. 

Section  2.     The  said  commissioners,  if  need  be,  are  county  commis- 
hereby  authorized  to  borrow  money  to  meet  the  allowance  tm no w  money, 
made  under  the  provisions  of  the  preceding  section 


etc. 


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

Approved  June  11,  1891. 


1016  1891.  —  Chapters  410,  4.11,  412. 


CA«7).410  ^^  ^^'^  "^^  ESTABLISH  THE  SALARIES  OF  THE  FIRST  AND  SECOND 
CLERKS  IN  THE  OFFICE  OF  THE  SECRETARY  OF  THE  COMMON- 
WEALTH. 

Be  it  enacted,  etc.,  asfoUoios: 

Salary  of  first  SECTION  1.  The  siilarv  of  the  first  clerk  in  the  office 
of  the  secretary  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. 

Salary  of  second  Sf.ction  2.  The  Salary  of  the  second  clerk  in  the  office 
of  the  secretary  of  the  Commonwealth  shall  be  two  thou- 
sand 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.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  11,  1891. 

ChCtT)  411  "^^  ■^^^  '^^  ESTABLISH  THE  SALARY  OF  THE  PRIVATE  SECBETARY 
OF  THE  GOVERNOR  AND  THE  EXECUTIVE  CLERK  OF  THE  GOV- 
ERNOR AND   COUNCIL. 

Be  it  enacted,  etc. ,  as  follows : 

seireTa^y^o'f''"'^       SECTION  1.     The  auuual  saliiy  of  the  private  secretary 
goverDor.  Qf  fj^g  orovcmor  shall  be  twentv-tive  hundred  dollars,  to  be 

so  allowed  from  the  first  day  of  January  in  the  year  eight- 
een hundred  and  ninety-one. 
five^'cUk.^''*"'"'  Section  2.  The  annual  salary  of  the  executive  clerk 
of  the  ofovernor  and  council  shall  be  two  thousand  dollars, 
to  be  so  allowed  from  the  first  day  of  January  m  the  year 
eighteen  hundred  and  ninety-one. 

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

Ajjproved  June  11,  1891. 

Ck(in.4:12   ^^   ^^"^   '^^    PROVIDE    FOR    THE    PROTECTION    OF    DAIRY    PRODUCTS 
AND   TO   ESTABLISH   A   STATE   DAIRY   BUREAU. 

Be  it  enacted,  etc.,  asfolloivs: 

Suiatc^"""  Section  1.  Whoever  sells  or  offers  for  sale,  to  any 
person  who  asks,  sends  or  inquires  for  butter,  any  oleo- 
margarine, butterine  or  any  substance  made  in  imitation 
of  or  semblance  of  pure  butter,  not  made  entirely  from  the 
milk  of  cows,  with  or  without  coloring  matter,  shall  be 
declared  guilty  of  fraud  and  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  for  each  oflence. 


1891.  — Chapter  412.  1017 

Section  2.     Whoever  exposes  for  sale  oleomargarine,  oleomargarine, 
butterine  or  any  substance  made  in  imitation  or  semblance  ro°be^piaiufy* 
of  pure  butter,  not  marked  and  distinguished  by  all  the  ^ffJmi'for^saie. 
marks,  words  and  stamps  required  by  existing  laws,  and 
not  having  in  addition  thereto  upon  every  opened  tub, 
package  or  parcel  thereof  a  placard  with  the  word  "  oleo- 
margarine "  printed  thereon  in  plain,  uncondensed  gothic 
letters,  not  less  than  one  inch  long,  shall  be  fined  not  less 
than  one  hundred  dollars  for  each  offence. 

Section  3.  Whoever  sells  oleomargarine,  butterine  Penalty  for  seii- 
or  any  other  substance  made  in  imitation  or  semblance  of  uumarke'd. 
pure  butter,  from  any  dwelling,  store,  office  or  public  mart 
shall  have  conspicuously  posted  thereon  the  placard  or 
sign,  in  letters  not  less  than  four  inches  in  length,  "  oleo- 
margarine sold  here",  or  "butterine  sold  here",  said 
placard  to  be  approved  by  the  bureau  hereinafter  provided 
for  by  this  act.  Any  person  neglecting  or  failing  to  post 
the  placard  herein  provided  for  shall  be  punished  by  a 
fine  of  not  less,  than  one  hundred  dollars  for  the  first 
offence  and  one  hundred  dollars  for  each  day's  neglect 
thereafter. 

Section  4.     Whoever  peddles,  sells  or  delivers  from  waironstobe 
any  cart,  wagon  or  other  vehicle,  upon  the  public  streets  ^uULedto 
or  ways,  oleomargarine,  butterine  or  any  substance  made  ^nargi*riue." 
in  imitation  or  semblance  of  pure  butter,  not  having  on 
both  sides  of  said  cart,  wagon  or  other  vehicle  the  placard 
in  uncondensed  gothic  letters,  not  less  than  three  inches 
in  length,  "  licensed  to  sell  oleomargarine",  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  or 
imprisonment   for   not   less   than    thirty    days    for    each 
offence. 

Section  5.     Whoever  furnishes,  or  causes  to  be  fur-  Guests  at  hotels, 

•    11.  lii  J.  A.  J.  11  i.  etc.,  to  be  uoti- 

nished,  m  any  hotel,  restaurant  or  at  any  lunch  counter,  fiedwhon 
oleomargarine  or  butterine  to  any  guest  or  patron  of  such  Bei^vcd'^iruot 
hotel,  restaurant  or  lunch  counter,  in  the  place  or  stead  i>u"er. 
of  butter  shall   notify  said  guest  or  patron  that  the  sub- 
stance so  furnished  is  not  butter,  and  any  party  so  furnish- 
ing without  such  notice  shall  be  punished  by  a  fine  of  not 
less  than  ten  nor  more  than  fifty  dollars  for  each  ofience. 

Section  6.     The  governor,  by  and  with  the  consent  of  ^^t^rm "y  of  the 
the  council,  shall  appoint  an  assistant  to  the  secretary  of  board  of  agri- 

'11  •/  cuUur'e  to  hi 

the  board  of  agriculture,  at  an  annual  salary  of  twelve  appointed. 
hundred  dollars,  and  expenses  necessarily  incurred  in  the 
discharge  of  his  duties,  to  assist  in  the  work  prescribed  in 


1018 


1891.  — CHArTER  412. 


Term  of  office. 


Three  members 
of  the  board  of 
agriculture  to 
constitute  a 
dairy  bureau. 


Members  of 
bureau  to  serve 
without  pay ; 
powers,  etc. 


May  expend  not 
exceediug 
$4,000;  reports. 


the  eleventh  section  of  this  act.  Said  appointee  shall  hold 
office  for  two  years  or  till  his  successor  is  appointed,  unless 
sooner  removed  from  office  by  the  governor,  and  his  suc- 
cessor shall  l)e  appointed  as  above  provided  for. 

Section  7.  In  order  to  secure  the  better  enforcement 
of  the  provisions  of  this  act  and  to  promote  the  improve- 
ment of  the  })roducts  of  the  dairy,  the  governor,  by  and 
with  the  advice  and  consent  of  the  council,  shall  appoint 
three  members  of  the  board  of  agriculture,  to  constitute  a 
dairy  bureau  of  s-aid  board,  one  to  serve  for  three  j'ears, 
one  for  two  years  and  one  for  one  year  from  the  lirst  day 
of  July  in  the  year  eighteen  hundred  and  ninety-one,  or 
for  such  shorter  terms  respectively  as  they  may  continue 
to  be  members  of  said  board  of  agriculture  ;  and,  prior  to 
the  tirst  day  of  July  in  each  succeeding  year,  the  governor 
shall  appoint  from  said  board  one  member  of  said  bureau 
to  serve  for  three  years  or  for  such  shorter  term,  as  afore- 
said. No  person  shall  continue  to  be  a  member  of  said 
bureau  after  he  has  ceased  to  be  a  member  of  said  board, 
but,  on  his  ceasing  to  be  a  member  of  said  board,  his 
place  on  said  bureau  shall  be  tilled  by  the  appointment 
of  another  member  of  said  board,  as  aforesaid.  The  secre- 
tary of  said  board  shall  be  the  executive  officer  of  said 
bureau  subject  to  its  control  and  direction,  and  said  secre- 
tary shall,  upon  assuming  said  duties,  receive,  in  addition 
to  his  present  salary,  five  hundred  dollars  per  annum. 
The  governor  may  at  any  time  terminate  the  service  of 
any  member  of  said  board  as  a  member  of  said  bureau  and 
may  appoint  any  other  member  of  said  board  in  his  place, 
as  above  provided.  Members  of  said  bureau  shall  serve 
without  pay  and  shall  have  power  to  enforce  all  laws  relat- 
ing to  dairy 'products  and  imitations  thereof,  and  to  employ 
such  agents,  assistants,  experts,  chemists  or  counsel  as 
may  be  necessary  therefor.  Said  bureau,  in  the  discharge 
of  its  duties,  shall  be  subject  to  the  general  direction  and 
control  of  the  board  of  agriculture. 

Sectiox  8.  The  bureau  may  expend  a  sum  not  exceed- 
ing four  thousand  dollars  in  carrying  forward  the  work  of 
the  bureau,  and  shall  make  annual  reports  in  detail  to  the 
legislature,  not  later  than  the  fifteenth  day  of  January  in 
each  year,  of  the  number  of  assistants,  experts,  chemists, 
agents  and  counsel  employed,  and  their  expenses  and  dis- 
bursements, with  such  other  information  as  shall  be  for 
the  advantage  of  the  dairy  interests  in  the  state,  and  they 


1891.  — Chapter  412.  1019 

shall  make  full  reports  of  all  investigations  made  by  them 
with  all  cases  prosecuted  and  the  results  of  such  prosecu- 
tion.    They  shall  make  detailed  statements  of  the   said  T°™,'^'^® 

1  T  /'i/i  1-1     detailed  State- 

expenses  to  the  auditor  ot  the  Lomtnonwealth,  on  which  ments  of 

payment  shall  be  made  to  the  extent  of  the  appropri-  auduo^of'the^ 

i.*  Commouwealih. 

Section  9.     Said  bureau  and  such  ao:euts  and  counsel  to  have  access, 

~  etc.,  to  places 

as  they  shall  duly  authorize  for  that  ])urpose  shall  have  where  dairy 

.  -,  .  T    ,.  Ill  /•!•     products  are 

access,  ingress  and  egress  to  and  irom  all  places  or  busi-  sold,  etc. 
ness,  factories,  buildings,  carriages  and  cars,  used  in  the 
manufacture  and  sale  of  any  dairy  products,  or  imitation 
dairy  products,  and  shall  have  access  to  all  vessels  and 
cans  used  in  such  manufacture  and  sale,  and  shall  have  all 
the  authority  given  by  law  to  the  state  board  of  health  and 
any  officer  thereof,  and  to  the  milk  inspectors,  in  the 
enforcement  of  all  laws  relating  to  dairy  products  or  imi- 
tations thereof,  and  in  the  prosecutions  of  violations  of 
said  laws. 

Section  10.     The  said  bureau  may  work  in  unison  with  ^^y  work  in 

1        •    1     •  ^        Ml       1  unison  With 

the  state  board  or  health,  and  with  inspectors  of  milk,  but  state  board  of 
they  shall  not  restrict,  limit  or  interfere  with  the  duties  of  inspectors  of 
said  officers.     Nothing  herein  contained  shall  be  held  to  ™^"^''^"=- 
circumscribe  the  rights  of  said  bureau  in  the  prosecution 
of  offenders    of    the    so    called    dairy  laws,   or  all   laws 
relating  to  milk,  butter,  cheese  or  any  adulterations  or 
imitations  thereof,  wherever  found  within  the  Common- 
wealth. 

Section  11.     It  shall  be  the  duty  of  the  said  bureau  to  to  investigate 
investigate  all  dairy  products  and  imitation  dairy  products  audTnutation'* 
bought  or  sold  within  the  Commonwealth;  to  enforce  all  dairy  P'oducts, 
laws  for  the  manufacture,  transfer  and  sale  of  all  dairy 
products  and  all  imitation  dairy  products  within  the  Com- 
monwealth, with  all  the  powers  needed  for  the  same;  to 
investigate  all  methods  of  butter  and  cheese  making  in 
cheese   factories   or  creameries,  and  to  disseminate   such 
information  as   shall   be  of  service  in  producing  a  more 
uniform    dairy    product,    of    higher    grade     and    better 
quality. 

Section  12.     All  fines  recovered  under  this  act  shall  Fines payawo  to 

1  111  /.     I        /".  ^'"-'  '''easury. 

be  i)ayable  to  the  treasury  of  the  Commonwealth. 

Section  13.     This  act  shall  take  effect  on  the  first  day  To  take  effect 
of  September  in  the  year  eighteen  hundred  and  ninety-one.  ""^^"  ^'  ^^'*^" 

Axqiroved  June  11,  1S91. 


1020  1891.  —  Chapters  413,  414. 


ChCl]).4:13  ^^  ^^^  "^^  AUTHORIZE  THE  CITY  OF  MARLBOROUGH  TO  RAISE  THE 
ADDITIONAL  SUM  OF  ONE  HUNDRED  THOUSAND  DOLLARS  FOR  THE 
PURPOSE  OF  CONSTRUCTING  AND  MAINTAINING  ITS  SYSTEM  OF 
SEWERAGE   AND   SEWAGE   DISPOSAL. 

Be  it  enacted,  etc.,  as  follows: 

S^oDdThelegai      Sectiox  1.     The  City  of  Marlborough,  foF  the  purposG 
limit  for  con-      of  consti'uctino:  and  maintaiuino;  a  system  ofsewerao"e  and 

etructing  a  8J-S-  ,.  '^ -.  -tii  V,-  j\  •    ,  /•!         , 

tem  of  sewer-     sewage  (lisposal,  as  provided  by  section  thirty  ot  chapter 
age,  etc.  three  hundred  and  twenty  of  the  acts  of  the  year  eighteen 

hundred  and  ninety,  and  by  chapter  three  hundred  and 
twelve  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight,  may  incur  indebtedness  to  an  amount  not  exceeding 
one  hundred  thousand  dolhirs  beyond  the  limit  of  indebt- 
edness fixed  by  law  for  said  city,  and  in  addition  to  the 
amounts  authorized  by  said  chapter  three  hundred  and 
twelve  and  by  any  act  passed  subsequently  to  said  chap- 
ter ;  and  for  money  borrowed,  may  from  time  to  time  issue 
negotiable  bonds  or  notes,  signed  by  the  treasurer  of  said 
city  and  countert^igned  by  the  mayor,  to  be  denominated 
Mariboroiigh  OH  the  facc  thereof  i\Iarlb(jrough  Sewer  Loan,  Act  of  ]  891, 
AcTof  189T.'  payable  at  the  expiration  of  periods  not  exceeding  twenty 
years  from  the  date  of  issue  and  bearing  such  rate  of  inter- 
est not  exceeding  six  per  cent.,  as  the  city  council  of  said 
city  may  determine.  The  said  city  may  sell  such  securi- 
ties at  public  or  private  sale,  or  pledge  the  same  for  not 
less  than  the  par  vahie  thereof,  for  money  borrowed  for 
the  purposes  of  said  chapter  three  hundred  and  twelve, 
upon  such  terms  and  conditions  as  it  may  deem  proper, 
and  may  make  payable  annually  a  fixed  proportion  of  the 
principal  of  said  bonds  or  notes  ;  and  said  city  shall  annu- 
ally raise  by  taxation  the  amount  required  to  meet  such 
interest  and  the  proportion  of  the  principal  payable  annu- 
sinking funds     ally.     The  sinking  funds  of  any  loan  of  said  city  may  be 

inav  be  invested   •  ,      ^   •  •  -t   ■>  ^  ,  " 

in  the  bonds,      luvcsted  ui  Said  houds  or  notes. 

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

Approved  June  11,  1891. 


etc. 


(JJia7)A\4:  ^^    ^^'^    "^^    REQUIRE    AN    AFFIDAVIT    IN    PETITIONS    FOR    ADMINIS- 
TRATION  OF    ESTATES   OF    DECEASED   PERSONS. 

Be  it  enacted,  etc.,  as  foHoios : 
Petitioner  to  Sectiox  1.     To  cvery  petition  made  to  a  probate  court 

statements.        for  Icttcrs  of  administration,  probate  of  a  will  or  letters 

testamentary,  shall  be  appended  the  certificate,  under  oath, 


1891.  — Chapter  415.  1021 

of  the  petitioner,  that  the  statements  made  therein  are 
true  to  the  best  of  his  knowledge  and  belief. 

Section  2.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  September  in  the  year  eighteen  hundred  and  ninety-one.    ^^  '  ' 

Apjyroved  June  11^  1891. 

An  Act  to  give  to  the  probate  courts  JDRISDICTION  in  equity  (Jfinr)  415 
IN   THE     ADMINISTRATION    OF    THE     ESTATES     OF     DECEASED    PER- 
SONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  probate  courts  shall  have  jurisdiction  Probate  courts 

•i  /i  •-!  ii  i.    u        •  •        •        given  coDcur- 

in  equity,  concurrently  with  any  other  court  having  juris-  rent  jurisdiction 
diction  of  proceedings  in  equity,  of  all  cases  and  matters  ma^tters^eTatiag 
relating  to  the  administration  of  estates  of  deceased  per-  Ifon^'of  e^tatts, 
sons  or  to  wills  or  trusts  created  by  will,  and  such  juris-  etc. 
diction  may  be  exercised  upon  petition,  according  to  the 
usual  course  of  proceedings  in  the  probate  courts. 

Section  2.     Probate  courts  shall  have  the  like  powers  May  enforce  aii 
and    authority    for   enforcing   all    orders,    sentences    and  t'e'^nces' ^'^"" 
decrees  made  or  pronounced  by  the  court  under  this  act,  decrees,  etc. 
or  in  the  exercise  of  any  jurisdiction  or  authority  other- 
wise vested  in  it,  and   for  punishing  contempts  of  such 
orders,  sentences  and  decrees  and  other  contempts  of  its 
authority,  as  are  vested  for  such  or  the  like  purposes  in 
the  supreme  judicial  court  in  equity,  in  relation  to  any 
suit  in  equity  depending  in  that  court. 

Section  3.     An  appeal  from  any  order  or  decree  made  An  appeal  from 

d.i  T  ,•  r  •     i.       J  i.  an  order  not  to 

er  the  preceding  section,  or   from  any  interlocutory  stay  proceed- 

order  or  decree  of  a  probate  court,  made  in  the  exercise  ^°'*®" 
of  any  jurisdiction  vested  in  it  by  this  act  or  otherwise, 
shall  not  suspend  or  stay  proceedings  under  such  order  or 
decree  pending  the  appeal.     But  the  probate  court  or  the  courts  may  stay 
supreme  judicial  court  in  case  of  any  such  appeal,  may  by  '^^°'^^^  '°^*' 
order  stay  all  proceedings  under  such  order    or   decree 
pending  the  appeal,  and  in  case  of  an  appeal  from  any 
order,  sentence  or  decree  of  the  probate  court,  may  make 
such  orders  as  shall  be  necessary  or  proper  to  protect  the 
rights  of  persons  interested,  pending  the  appeal,  and  any 
such  order  of  the  probate  court  for  a  stay  of  proceedings, 
or  for  protection  of  any  such  rights,  may  be  varied  or  dis- 
charged by  the  supreme  judicial  court  upon  motion,  and 
shall  not  be  otherwise  subject  to  an  appeal  to  that  court. 

Section  4.     The  probate  courts  shall    be   considered  fo"'be'*con^e°d'ered 
courts  of  superior  and  general  jurisdiction  as  regards  all  courts  of 
cases  and  matters  in  which  authority  is  given  to  them  by  general  juris- 


1022  1891.  — Chapter  416. 

this  Jict  or  otherwise,  and  it  shall  not  be  necessary  for  any 
order,  sentence,  decree,  warrant,  writ  or  process  made, 
pronounced  or  issued  by  a  probate  court,  to  set  out  any 
adjudication  or  circumstances  with  greater  particularity 
than  would  be  required  in  a  like  or  analogous  case  in  a 
suit  in  equity  in  the  supreme  judicial  court ;  and  the  like 
presumption  shall  be  made  in  favor  of  proceedings  of  the 
probate  court  as  would  be  made  in  favor  of  those  of 
the  supreme  judicial  court  in  equity. 
i^epeai.  SECTION  5.     Scctiou  thifty-four  of  chapter  one  hundred 

and  twenty-seven  of  the  Public  Statutes  so  far  as  the  same 
applies  to  the  probate  courts  is  hereby  repealed. 

Approved  June  11,  1891. 

Cha])A\Q  -^N   ^^"^  RELATING   TO   FINES   IN   CRIMINAL   CASES. 

Be  it  enacted,  etc.,  asfoUoivs: 
Fines  in  Section  1.     All  fiues  imposcd  in  the  superior  court, 

superior  court  -^     ^  i  /.      i  '■...■, 

to  be  paid  over    ghall  bc  paid  ovcr  to  the  treasurer  of  the  county  in  which 

to  the  county  ,  •    ^     .       ^       t  -itii  'oirii 

treasurer,  etc.  the  trial  IS  had,  as  now  provided  by  law;  or  in  SutiolK 
county,  to  the  collector  of  the  city  of  Boston  ;  and  all  fines 
and  forfeitures  imposed  in  any  district,  police  or  munici- 
pal court,  or  by  any  trial  justice  shall,  where  no  other  pro- 
vision is  made  by  law,  be  paid  to  the  city  or  town  in  which 
the  offence  was  committed  :  provided,  that  where  the  whole 
or  any  part  of  a  fine  is  made  by  law  payable  to  any  com- 
plainant or  informant,  or  to  any  person  or  corporation  as 
a  beneficiary,  the  court  or  magistrate  may  apportion  said 
fine  as  may  seem  just  and  equitable  to  be  paid  to  such 
complainant,  informant  or  other  beneficiary,  and  the 
remainder  shall  l)e  paid  to  the  county,  city  or  town,  as  the 
court  shall  order. 
^ramnraent  for  Section  2  Evciy  Warrant  for  the  commitment  of  a 
non-payment  of  prisoner  for  non-pavment  of  a  fine  shall  desiofnatc  the  town 

fine  to  designate  *  .  i  /..  -j^      i         ^  i   ii  j. 

pi  ICO  where       or  City  whci'e  the  oticnce  was  committed,  and  the  uses  to 
commutldfetc.    which  such  fine  is   payable   by  the  officer  receiving  the 

same. 
te'i-' of  house  of'        SECTION  3.     Every  keeper  of  a  jail  and  master  of  a 
correction  to      housc  of  corroctiou  shall,  on  the    first  day  of  January, 
returns?'"  *"  ^    April,  July  and  October,  pay  to  the  parties  entitled  there- 
to all  moneys  received  by  him  under  the  provisions  of 
section  fourteen  of  chapter  two  hundred  and  seventeen  of 
the  Public  Statutes,  during  the  three  preceding  months, 
and  render  to  the  county  treasurer  an  account,  on  oath, 
showing  the  names  of  the  prisoners  by  whom  payments 


Proviso. 


1891.  —  Chapters  417,  418.  1023 

have  been  so  made,  the  court  by  which  each  was  committed, 
and  the  amount  received  from  each. 

Section  4.     Section  five  of  chapter  four  hundred  and  ^'^p^'*'- 
forty  of  the  acts  of  the  year  eighteen  hundred  and  ninety 
and  section  fifteen  of  chapter  two  hundred  and  seventeen 
of  the  Public    Statutes   are  hereby   repealed. 

Approved  June  11,  1891. 

An  Act  to  authorize  the  town  of  melrose  to  make  an  addi-  (JhapAVJ 

TIONAL  WATER  LOAN. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1.     The  town  of  Melrose,  for  the  purpose  of  ^t^j.Xlndt^'" 
extending  its  system  of  water  works,  may  issue  bonds,  «'•=• 
notes    or  scrip  to  an  amount  not  exceeding  twenty-five 
thousand  dollars  in  addition  to  the  amount  which  it  is  now 
authorized  to  issue.     Such  bonds,  notes  and  scrip  shall  LoS^'l^or'" 
bear  on  their  face  the  words  Melrose  Water  Loan,  Act  of  is^i-' 
1891,  shall  be  payable  at  the   expiration  of  periods  not 
exceeding  twenty  years  from  the  date  of  issue  ;  shall  bear 
interest  payable  semi-annually  at  a  rate  not  exceeding  four 
per  cent,  per  annum,  and  shall  be  signed  by  the  treasurer 
and  be  countersigned  by  the  water  commissioners  of  the 
town.     The  said  town  may  sell  such  securities  at  public 
or  private  sale,  but  none  of  said  bonds,  notes  or  scrip  shall 
be  issued  or  sold  except  in  compliance  with  a  vote  of  the 
town. 

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

Approved  June  11,  1891. 

An  Act  relating  to  disbarred  attorneys  and  persons  falsely  (JJiapAlS 

REPRESENTING   THEMSELVES   TO   BE   ATTORNEYS   AT   LAW. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     Any  person  who  has  been  or  shall  here-  Disbarred 
after   be   removed   from  practice  as  an  attorney   by  the  not  to  practise' 
supreme  judicial  court  or  superior  court  of  this  Common-  ifenkity.*^'^ 
wealth,  lor  deceit,  malpractice  or  other  gross  misconduct, 
and  who  shall  continue  to  practise  law  or  receive  any  fee 
for  his  services  as  attorney  or  counsellor  at  law  rendered 
after  such  removal,  or  who  shall  hold  himself  out  or  rep- 
resent or  advertise  himself  as  an  attorney  or  counselhn'  at 
law,  and  any  person  not  regularly  admitted  to  practise  as 
an  attorney  or  counsellor  at  law,  in  accordance  with  chap- 
ter one  hundred  and  fifty-nine  of  the  Public  Statutes,  who 


1024 


1891.  — Chapter  419. 


To  take  effect 
Jan.  1,  1S92. 


shall  represent  himself  to  be  an  attorney  or  counsellor  at 
law,  or  legally  qualified  to  practise  in  the  courts  of  the 
Commonwealth,  by  means  of  a  sign,  business  card,  letter 
head  or  otherwise,  shall  be  punished  for  each  offence  by 
line  not  exceeding  one  hundred  dollars  or  by  imprison- 
ment not  exceeding  six  months,  and  upon  a  second  or 
any  subsequent  conviction,  by  fine  not  exceeding  five 
hundred  dollars  or  by  imprisonment  not  exceeding  one 
year. 

Section  2.     This  act  shall  take  effect  on  the  first  day 
of  January  in  the  year  eighteen  hundred  and  ninety-two. 

Approved  June  11,  1891. 


ChapA19 


18S5,  345,  §  1 ; 
1886,  203, 
amended. 


Courts  having 
jurisdiction  of 
the  naturaliza- 
tion of  aliens. 


Proviso. 


An  Act  ix  relation  to  naturalization. 

Be  it  enacted,  etc. ,  as  follows : 

Section  one  of  chapter  three  hundred  and  forty-five  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-five,  as 
amended  by  chapter  two  hundred  and  three  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-six,  is  hereby 
further  amended  by  striking  out  all  after  the  word  ' '  court ", 
in  the  thirteenth  line  of  said  last  named  act,  and  inserting 
in  place  thereof  the  following:  —  unless  the  applicant 
resides  in  the  district  for  which  the  court  is  established  ; 
but  if  the  applicant  does  not  reside  in  the  district  of  any 
district,  police  or  municipal  court  having  a  seal  and  a  clerk, 
he  may  make  application  to  that  one  of  such  courts  which 
is  held  nearest  to  the  town  in  which  he  resides,  —  so  as  to 
read  as  follows  :  —  Section  1.  The  supreme  judicial  court, 
the  superior  court,  district,  police  and  municipal  courts 
having  common  law  jurisdiction,  a  seal  and  a  clerk,  may 
respectively  have  jurisdiction  of  primary  declarations  of 
intention  of  aliens  to  become  citizens  of  the  United  States, 
and  final  applications  for  naturalization  of  aliens  -.provided, 
however,  that  no  declaration  or  application  shall  be  received 
by  the  supreme  judicial  or  superior  court  uidess  the  appli- 
cant resides  in  the  county  within  which  the  court  is  held, 
nor  by  any  district,  police  or  municipal  court  unless  the 
applicant  resides  in  the  district  for  which  the  court  is 
established  ;  but  if  the  applicant  does  not  reside  in  the  dis- 
trict of  any  district,  police  or  municipal  court  having  a 
seal  and  a  clerk,  he  may  make  application  to  that  one  of 
such  courts  which  is  held  nearest  to  the  town  in  which  he 
resides.  Approved  June  11,  1891. 


1891.  — Chapter  420.  1025 

An   Act  to  provide  for    the    detention  and  treatment  of  (7/;^79.420 
inmates  of  penal    and    charitable    institutions  "who  are 

afflicted   WITH   CERTAIN   MALIGNANT  DISEASES. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section    1.     Any  person    who    is  confined    in,  or   an  Treatment  of 

•  ,  c  i    i  1  1        'j     I  I       •       i'i     A"  inmates  afflicted 

inmate  of,  any  state  penal  or  charitable  institution,  a  com-  withceituiu 
mon  jail,  house  of  correction  or  municipal  or  town  ahns-  "isea^es?^ 
house,  who  shall  have  the  disease  known  as  syphilis,  shall 
at  once  be  placed  under  proper  medical  treatment  for  the 
cure  of  such  disease,  and  when  in  the  opinion  of  the 
attending  physician  it  is  necessary  for  the  proper  treat- 
ment thereof,  or  that  such  disease  is  contagious,  so  as  to 
be  dangerous  to  the  health  and  safety  of  other  prisoners 
or  inmates  in  such  institution,  the  persons  under  treatment 
shall  be  isolated  frcm  such  other  prisoners  or  inmates  until 
the  contagious  stage  of  such  disease  has  passed,  or  until 
the  time  when  in  the  opinion  of  the  attending  physician 
such  isolation  is  unnecessary. 

Section  2.     When  at  the  expiration  of  the  sentence  of  f^^Sn Sf 
any  person  who  is  confined  in,  or  is  an  inmate  of,  any  of  treatment  after 

,■'...  ,    .  .  n    1  '  1  expnatioa  of 

the  institutions  named  in  section  one  oi  this  act,  such  per-  sentence. 
son  shall  then  have  the  disease  known  as  syphilis  in  its 
contagious  or  infectious  symptoms,  or  in  the  opinion  of 
the  attending  physician  of  such  institution,  or  of  such 
physician  as  the  authorities  thereof  may  consult,  would 
cause  the  discharge  of  such  person  to  be  dangerous  to 
l)ublic  health  and  safety,  such  person  shall  be  placed  under 
proper  medical  treatment  and  kept  and  suitably  cared  for 
as  provided  in  section  one  of  this  act,  in  the  institution 
where  he  has  been  confined,  until  such  time  as  in  the 
opinion  of  the  attending  physician  such  contagious  and 
infectious  symptoms  shall  have  disappeared  and  the  dis- 
charge of  the  patient  shall  not  endanger  the  public  health. 
The  expense  of  his  support  not  exceedino:  three  dollars  and  Expense  of 

*•  i  ••  .  r*  support. 

fifty  cents  a  week  shall  be  paid  by  the  city  or  town  where 
he  has  a  legal  settlement,  after  notice  to  the  overseers  of 
the  poor  of  such  city  or  town,  or,  if  he  is  a  state  pauper, 
after  notice  to  the  state  board  of  lunacy  and  charity,  of 
the  expiration  of  his  sentence,  and  of  his  condition. 

Approved  June  11,  1891. 


1026  1891.  — Chapters  421,  422. 

ChCip.421  ^^  -^C!T  TO  AUTHORIZE  THE  TEMPORARY  USE  BY  THE  CITY  OF 
BOSTON  OF  CERTAIN  LAND  OF  THE  COMMONWEALTH  AT  SOUTH 
BOSTON   FOR   A   PUBLIC   PLAYGROUND. 

Be  it  enacted,  etc.,  as  folloivs : 

Sr^apuUc^  Section  1.     The  city  of  Boston  is  hereby  authorized  to 

piaygroiiud        usc  for  a  public  playground  that  portion  of  the  lands  of 

lauds  of  the  ^  i       J  r>  I 

Commonwealth  the  CommoH Wealth  on  the  South  Boston  flats  in  said  city, 
which  is  bounded  by  C,  D,  and  Cypher  streets  and  Mount 
Washington  avenue,  until  the  board  of  harbor  and  land 
commissioners  shall,  with  the  approval  of  the  governor 
and  council,  give  three  months'  notice  in  writing  to  said 
city  to  terminate  such  use  ;  and  thereupon  such  use  shall 
cease,  and  said  city  shall  have  no  claim  on  the  Common- 
wealth by  reason  of  such  termination  or  on  ace  unt  of  any 
expenditures  on  said  land.  Said  city  shall  not  erect  or 
place  on  said  land  any  building  or  structure  of  a  perma- 
nent chnracter,  or  change  the  grade  thereof,  and  shall  use 
said  land  solely  as  a  [)layground  for  children  and  youth, 
which  shall  be  known  as  Commonwealth  Playground. 
Nothing  in  this  act  shall  be  so  construed  as  to  prevent  the 
Commonwealth  by  its  agents  from  entering  on  or  passing 
over  said  land,  for  further  improving  the  same  or  the 
adjoining  territor}^  or  from  making  permanent  disposition 
of  the  same  or  any  portion  thereof,  as  now  authorized  bylaw. 
Section  2.     This  act  shall  take  eflect  upon  its  passage. 

Approved  June  11,  1891. 

C/ia2)A22 


An  Act  to  incorporate  the  university  club  of  boston. 
Be  it  enacted,  etc.,  as  follows: 
u^i^^^ty  Club  Section  1.  Walbridge  A.  Field,  John  Lowell,  Wil- 
incorpoiat'ed.  ]iam  GastoH,  Phillips  Brooks,  James  M.  Barker,  Henry  L. 
Higginson,  Winslow  Warren,  John  Fiske,  Moses  Williams, 
Stephen  M  Crosby,  George  M.  Towle,  Alfred  Hemenway, 
Maurice  H.  Richardson,  Arthur  C.  Walworth,  Arthur 
Little,  Richard  H.  Dana,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the  Univer- 
sity Clul),  to  be  located  in  the  city  of  Boston,  for  the  pur- 
pose of  the  promotion  of  literature  and  art  and  for  other 
lawful  purposes,  by  establishing  and  maintaining  in  said 
city  a  clubhouse,  library,  reading  room,  and  gallery  of  art, 
and  by  such  other  means  as  shall  be  expedient  and  proper  ; 
with  the  powers  and  privileges  and  subject  to  the  duties, 
liabilities  and  restrictions  set  forth  in  the  n^eneral  laws  which 


estate 
xceed 


1891.  —  Chapter  423.  1027 

now  are  or  may  hereafter  be  in  force  applicable  to  such 
corporations. 

Section  2.     Said  corporation,  for  the  purposes  afore-  Real  and 
said,  may  hold  real  and  personal  estate,  exclusive  of  the  nouo°e.x 
value  of  its  library  and  art  collection,  to  an  amount  not  ^-^o.ooo,  etc. 
exceeding  two  hundred  and  fifty  thousand  dollars.     And 
the  said  corporation  may  issue  bonds  and    may  execute 
mortgages  upon  its  real  estate  to  an  amount  not  exceeding 
the  value  of  such  real  estate  and  the  improvements  thereon. 

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

Api^roved  June  11,  1891. 


ChapA23 


An  Act  to  assent  to  the  purpose  of  and  to  accept  the 
grants  of  money  authorized  by  congress  for  the  more 
complete  endowment  and  support  of  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.    The  Commonwealth  of  Massachusetts  here-  Grantsofmoney 
by  assents  to  the  purpose  of  the  grants  of  money  authorized  fm- bmli'tit^of 
by  the  act  of  congress,  entitled  "  an  act  to  apply  a  portion  efcTassemed  to 
of  the  proceeds  of  the  public  lands  to  the  more  complete  gj^^g '''**''"^'^"' 
endowment  and  support  of  the  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts,  established  under  the 
provisions  of  an  act  of  congress  approved  July  second, 
eighteen  hundred  and  sixty-two",  said  act  being  chapter 
eight  hundred  and  forty-one  of  the  acts  of  the  first  session 
of  the  fifty-first  congress  and  approved  on  the  thirtieth 
day  of  August  in  the  year  eighteen  hundred  and  ninety. 

Section  2.    The  Commonwealth  of  Massachusetts  here-  Accepted  hy 
by  accepts  the  annual  grant  of  moneys  made  by  the  United  M''«»a'='^"»e»«- 
States  as  set  forth  and  defined  in  said  act  of  congress, 
and  the  treasurer  and  receiver-general  of  this  Common- 
wealth is  hereby  designated  to  receive  the  same  annually, 
to  be  applied  by  him  under  and  for  the  purposes  of  said 
act ;  and  the  Massachusetts  institute  of  technology  is  here-  Distribution. 
by  authorized  to  receive  one  third  and  the  ISIassachusetts 
agricultural  college  two  thirds  of  said  grant  of  money, 
unless  the  courts  should  decide  that  the  act  of  cono^ress 
granted  all  said  money  to  the  Massachusetts  agricultural 
college. 

Section   3.     The  governor   of  the   Commonwealth  is  Governor  to 
hereby   authorized   and    instructed    to    give    due    notice  g'^^  °°*^<-"^' ^tc 
thereof  to  the  government  of  the  United  States. 

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

Aj^l^roved  June  11,  1891. 


1028  1891.  — Chapters  424,  425. 


CAtt7).424   ^^    ^^'^  "^^  AUTHORIZE  THE   FOXBOROUGH   AVATER   SUPPLY  DISTRICT 
TO   ISSUE   CERTAIN  SECURITIES   BY   A   MAJORITY   VOTE 

Be  it  enacted,  etc.,  as  folloivs : 
foIdTeil,  Sectiox   1.     The  Foxborough  AYater  Supply  District 

rzod°b^"a^°'      ^^^'  issue  the  bonds,  notes  or  scrip,  authorized  by  section 
majority  vote,     one  of  chapter  one  hundred  and  sixty-two  of  the  acts  of 

the  year  eighteen  hundred  and  ninety,  when  authorized 

by  a  majority  vote  of  the  legal   voters  of  said   district 

present  and  voting  thereon  at  a  legal  meeting  called  for 

that  purpose. 
Repeal.  SECTION  2.     Scctiou  two  of  chapter  one  hundred  and 

sixty-two  of  the  acts  of  the  year  eighteen  hundred  and 

ninety  is  hereby  repealed. 

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

Approved  June  11,  1891. 

Ch(XvA25  ^^  '^^^  IMPOSING  A  TAX  ON  COLLATERAL  LEGACIES  AND  SUCCESSIONS. 

Be  it  enacted,  etc. ,  as  folloics : 
Tax  imposed  on      SECTION    1.     All  property  within   the    iurisdiction    of 

collateral  leg-  i^^  iii-  i-  ii 

aciesand  thc    Commouwealth ,    and    any  uiterest   therein,   whether 

belonging  to  inhabitants  of  the  Commonwealth  or  not, 
and  whether  tangible  or  intangible,  which  shall  pass  by 
will  or  by  the  laws  of  the  Commonwealth  regulating 
intestate  succession,  or  by  deed,  grant,  sale  or  gift,  made 
or  intended  to  take  effect  in  possession  or  enjo3'me!it  after 
the  death  of  the  grantor,  to  any  person  in  trust  or  other- 
wise, other  than  to  or  for  the  use  of  the  father,  mother, 
husband,  wife,  lineal  descendant,  brother,  sister,  adopted 
child,  the  lineal  descendant  of  any  adopted  child,  the 
wife  or  widow  of  a  son,  or  the  husband  of  a  daughter 
of  a  decedent,  or  to  or  for  charitable,  educational  or 
religious  societies  or  institutions,  the  property  of  which 
is  exempt  by  law  from  taxation,  shall  be  subject  to  a  tax 
of  five  per  centum  of  its  value,  for  the  use  of  the  Com- 
monwealth ;  and  all  administrators,  executors  and  trustees, 
and  any  such  grantee,  under  a  conveyance  made  during 
the  grantor's  life,  shall  be  liable  for  all  such  taxes,  with 
lawlul  interest   as    hereinafter   provided,  until  the   same 

Proviso.  have  been  paid  as  hereinafter  directed  '.provided,  however, 

that  no  estate  shall  be  subject  to  the  provisions  of  this 
act  unless  the  value  of  the  same,  after  the  payment  of  all 
debts,  shall  exceed  the  sum  of  ten  thousand  dollars. 


1891.  — Chapter  425.  1029 

Section    2.     When  any  person  bequeaths   or  devises  Property  be- 
any property  to  or  for  the  use  of  father,  mother,  husband,  du^etit heir°for 
wife,  lineal  descendant,  brother,  sister,  an  adopted  child,  et™a°uVre-*' 
the  lineal  descendant  of  any  adopted  child,  the  wife  or  "yHatlrai'heir. 
widow  of  a  son,  or  the  husband  of  a  daughter,  durinor  •^■^c.,  remaiuder 

^  to  bt;  taxed. 

life  or  for  a  term  of  years,  and  the  remainder  to  a  collat- 
eral heir  or  to  a  stranger  to  the  blood,  the  value  of  the 
prior  estate  shall,  within  three  months  after  the  date  of 
giving  bond  by  the  executor,  administrator  or  trustee, 
be  appraised  in  the  manner  hereinafter  provided,  and 
deducted  from  the  appraised  value  of  such  property,  and 
the  remainder  shall  be  subject  to  a  tax  of  five  per  centum 
of  its  value. 

Section  3.     Whenever   a   decedent    appoints   one    or  Property, in 
more  executors  or  trustees,  and  in  lieu  of  their  allowance  reasouabie  com- 
makes  a  bequest  or  devise  of  property  to  them  which  would  que'i^h^dto^ 
otherwise  be  liable  to  said  tax,  or  appoints  them  his  resid-  I'a^f^u^oTtheir' 
uary  legatees,  and   said  bequests,    devises    or   residuary  a_ik)wance,  lo  be 
legacies  exceed  what  would  be  a  reasonable  compensation 
for  their  services,  ^uch  excess  shall  be  liable  to  such  tax, 
and  the  probate  court  having  jurisdiction  of  their  accounts, 
upon  the  application  of  any  one  interested  or  the  treas- 
urer of  the  Commonwealth,  shall  fix  such  compensation. 

Section  4.     All   taxes    imposed  by  this    act  shall  be  Taxes  payable 
payable   to  the  treasurer  of  the   Commonwealth    by  the  of  the  com- *^ 
executors,  administrators  or  trustees,  at  the  expiration  of  ™o"^^'eaitii. 
two  years   from  the  date  of  their  giving  bond  :  jjrovided, 
that   whenever    legacies    or   distributive  shares  are    paid 
within   the   two  years,  the  taxes  thereon  shall  be  payable 
at  the  time  the  same  are  paid.     In  cases  however  where  payment  of 
the  probate  court  has  ordered  the  executor  or  administra-  lusi^Qded! 
tor  to  retain  funds  to  satisfy  a  claim  of  a  creditor,  whose 
right  of  action  for  which  does  not  accrue  within  the  two 
years,  the   payment  of  the  tax  may  be  suspended  by  an 
order  of  the  court  to  await  the  disposition  of  such  claim. 
It  the  taxes  are  not  paid  when  due,  interest  at  the  rate  of  {."'X^^'ij^tf^t, 
six  per  centum  per  annum  shall  be  charged  and  collected  overdue  taxes, 
from  the  time  the  same  became  due  ;  and  the  taxes  and 
interest  that  may  accrue  on  the  same  shall  be  and  remain 
a  lien  on  the  property  subject  to  the  taxes  till  the  same  are 
paid  to  the  Commonwealth.     An  executor,  administrator  Taxes  may  be 

.  ,  •  f   \  /'  ^1        J  J       ii        i  paid  to  county 

or  trustee  may,  it  he  prerers,  pay  the  tax  to  the  treasurer  treasurer. 
of  the  county  in  which  the  probate  court  having  jurisdic- 
tion of  the  estate  is  located,  and  the  several  county  trcas- 


1030 


1891.  —  Chapter  425. 


Administrator, 
etc.,  to  collect 
the  tax. 


Tax  to  be 
deducted  when 
legacies  are 
charged  upon 
real  estate,  etc. 


Tax  to  be 
retained  when 
money  is  given 
for  a  limited 
period,  etc. 


Real  estate  may 
be  sold  for  pay- 
ment of  tax. 


Inventory  to  be 
filed  within 
three  months. 


Penalty. 


Copy  of  in- 
ventory to  be 
mailed  to  the 
treasurer  of  the 
Commonwealth. 


urers  shall   account  with  the  treasurer  of  the   Common- 
wealth. 

Section  5.  Any  administrator,  executor  or  trustee 
having  in  charge  or  trust  any  property  subject  to  said 
tax,  shall  deduct  the  tax  therefrom,  or  shall  collect  the  tax 
thereon  from  the  legatee  or  person  entitled  to  said  prop- 
erty, and  he  shall  not  deliver  any  specific  legacy  or 
property  subject  to  said  tax  to  any  person  until  he  has 
collected  the  tax  thereon. 

Section  6.  Whenever  any  legacies  subject  to  said 
tax  are  charged  upon  or  payable  out  of  any  real  estate, 
the  heir  or  devisee,  before  paying  the  same,  shall  deduct 
said  tax  therefrom  and  pay  it  to  the  executor,  administra- 
tor or  trustee,  and  the  same  shall  remain  a  charge  upon 
said  real  estate  until  it  is  paid  ;  and  payment  thereof  shall 
be  enforced  l)y  the  executor,  administrator  or  trustee,  in 
the  same  manner  as  the  payment  of  the  legacy  itself  could 
be  enforced. 

Section  7.  If  any  such  legacy  is  given  in  money  to 
any  person  for  a  limited  period,  such  administrator,  exec- 
utor or  trustee  shall  retain  the  tax  on  the  whole  amount ; 
but  if  it  is  not  in  money,  he  shall  make  an  application  to 
the  court  having  jurisdiction  of  his  accounts  to  make  an 
apportionment,  if  the  case  requires  it,  of  the  sum  to  be 
paid  into  his  hands  by  such  legatee  on  account  of  said 
tax,  and  for  such  further  orders  as  the  case  may  require. 
Section  8.  The  probate  court  may  authorize  admin- 
istrators, executors  and  trustees  to  sell  real  estate  of  one 
deceased  for  the  payment  of  said  tax,  in  the  same  manner 
as  administrators  and  executors  may  be  authorized  to  sell 
real  estate  for  the  payment  of  debts. 

Section  9.  An  inventory  of  every  estate,  any  part  of 
which  may  be  subject  to  a  tax  under  the  provisions  of 
this  act,  shall  be  tiled  by  the  executor,  administrator  or 
trus'ee,  within  three  months  from  his  appointment  and 
qualification.  In  case  such  executor,  administrator  or 
trustee  neglects  or  refuses  to  file  such  inventory  as  above 
required,  he  shall  be  lial)le  to  a  penalty  of  not  more  than 
one  thousand  doll  irs,  and  the  treasurer  of  the  Common- 
wealth shall  commence  in  his  own  name  appropriate  pro- 
ceedino;  ao^ainst  such  executor,  administrator  or  trustee 
for  the  recovery  of  such  penalty. 

Section  10.  A  copy  of  the  inventory  of  every  estate, 
any  part  of  which  may  be  subject  to  a  tax  under  the  pro- 
visions of  this  act,  or  if  the  same  can  be  conveniently  sep- 


189 1 .  —  Chapter  425.  1031 

arated,  then  a  copy  of  the  inventory  of  such  part  of  such 
estate,  Avith  the  appraisal  thereof,  shall  be  sent  by  mail, 
by  the  register  of  the  probate  court  in  which  such  inven- 
tory is  filed,  to  the  treasurer  of  the  Commonwealth  within 
thirty  days  after  the  same  is  filed.  The  fees  for  such  copy 
shall  be  paid  by  the  treasurer  of  the  Commonwealth. 

Section  11.     Whenever  any  of  the  real  estate   of  a  Treasurer  of 
decedent  shall  so  pass  to  another  person,  as  to  become  sub-  wealth  to  be' 
ject  to  said  tax,  the  executor,  administrator  or  trustee  of  res'? eTate'^'^'"' 
the  decedent  shall  inform  the  treasurer  of  the  Common-  Jfg'i^totax^''' 
wealth  thereof  within  six  months  after  he  has  assumed  the 
duties  of  his  trust,  or  if  the  fact  is  not  known  to  him  within 
that  time,  then  within  one  month  from  the  time  when  the 
fact  becomes  known  to  him. 

Section  12.     Whenever,  for  any  reason,  the  devisee,  Tax  to  be 

1  .  ,.  ,,  .-,  ,.  /.,  1      refunded  when 

legatee  or  heir,  who  has  paid  any  such  tax,  aiterwards  wrongfully 
refunds  any  portion  of  the  property  on  which  it  was  paid,  ^^"^' 
or  it  is  judicially  determined  that  the  whole  or  any  part  of 
such  tax  ought  not  to  have  been  paid,  said  tax,  or  the  due 
proportional  part  of  said  tax,  shall  be  paid  back  by  him  to 
the  executor,  administrator  or  trustee. 

Section  13.  The  value  of  such  property  as  may  be  to  be  assessed 
subject  to  said  tax  shall  be  its  actual  value  as  found  by  the  of  property. 
probate  court,  but  the  treasurer  of  the  Commonwealth,  or 
any  person  interested  in  the  succession  to  said  property, 
may  apply  to  the  probate  court  having  jurisdiction  of  the 
estate,  and  on  such  application  said  court  shall  appoint 
three  disinterested  persons  who,  being  first  sworn,  shall 
appraise  such  property  at  its  actual  market  value,  for  the 
purposes  of  said  tax,  and  shall  make  return  thereof  to  said 
court,  which  return  may  be  accepted  by  said  court ;  and  if 
so  accepted  it  shall  be  binding  upon  the  person  by  whom 
the  tax  is  to  be  paid,  and  upon  the  Commonwealth.  And 
the  fees  of  the  appraiser  shall  be  fixed  by  the  judge  of  pro- 
bate, and  paid  by  the  treasurer  of  the  Commonwealth.     In  vaiueof  an 

I-  •  1  •  r-  1  1  i'      1      11     1        annuity  or  life 

case  ot  an  annuity  or  life  estate  the  value  thereot  shall  be  estate. 
determined  by  the  so  called  actuaries'  combined  experience 
tables  and  four  per  cent,  compound  interest. 

Section  14.     The  probate  court  having  jurisdiction  of  j;°."riic°iorto 
the  settlement  of  the  estate  of  the  decedent,  shall  have  J,'g'^J™;'j| 
jurisdiction  to  hear  and  determine  all  questions  in  relation  uaingtotax. 
to  said  tax  that  may  arise  affecting  any  devise,  legacy  or 
inheritance  under  this  act,  subject  to  appeal  as  in  other 
cases,  and  the  treasurerofthe  Commonwealth  shall  represent 
the  interests  of  the  Commonwealth  in  any  such  proceedings. 


1032  1891.  —  Chapter  426. 

Administration       SECTION  15.     If,  upon  the  decease  of  any  person  leavinor 

of  estate  liable  .  .    .  *^   ^  .  ~ 

to  tax  when       an  cstate  liable  to  a  tax  under  the  provisions  of  this  act,  a 
offereVforpro-   will  disposing  of  such  estate  is  not  offered  for  probate,  or 
months!^*"  ^"""^  ^^  application  for  administration  made  within  four  months 
from  the  time  of  such  decease,  the  treasurer  of  the  Com- 
monwealth may  make  application  to  the  proper  probate 
court,  setting  forth  such  fact  and  praying  that  an  adminis- 
trator may  be  appointed,  and  thereupon  said  court  shall 
appoint  an  administrator  to  administer  upon  such  estate. 
Final  settlement      SECTION  16.     No  final  Settlement  of  the  account  of  any 
allowed  until      cxccutor,  administrator  or  trustee,  shall  be  accepted  or 
bee'uprid.'^^^     allowcd  by  any  probate  court  unless  such  account  shows, 
and  the  judge  of  said  court  finds,  that  all  taxes  imposed  by 
the  provisions  of  this  act  upon  any  property  or   interest 
therein,  belonging  to  the  estate    to    be    settled    by  said 
account,  have  been  paid  ;  and  the  receipt  of  the  treasurer 
of  the  Commonwealth  for  such  tax,  but  in  case  such  tax 
has  been  paid  to  a  county  treasurer  as  hereinbefore  pro- 
vided then  such  officer's  receipt,  shall  be  the  proper  voucher 
for  such  payment. 
Words ''per-  Section  17.     lu  the  foreoroing  sections  the  word  "  per- 

"piopeity"  de-  SOU  "  shall  iuclude  the  plural  as  well  as  the  singular,  and 
artificial  as  well  as  natural  persons  ;  the  word  "  property  " 
shall  include  both  real  and  personal  es^tate,  and  any  forms 
of  interest  therein  whatsoever,  including  annuities. 
Treasurer  may        Section  18.     The  treasurer  of  the  Commonwealth  shall 
recovery  of        wlthlu  six  uionths  after  the  same  shall  be  due  and  payable, 

taxes  unpaid.       ■>     .  '^     •        i  •  r        j.\  r      n    a 

bring  suit  in  bis  own  name  lor  the  recovery  oi  all  taxes 
remaining  unpaid,  and  shall  also  bring  such  suit  when  the 
judge  of  a  probate  court  shall  certify  to  him  that  a  final 
account  of  any  executor,  administrator  or  trustee  has  been 
filed  in  said  court,  and  that  the  final  settlement  of  such 
estate  is  delayed  by  reason  of  the  non-payment  of  such  tax, 
and  such  certificate  shall  issue  upon  the  application  of  any 
Proviso.  heir,  legatee  or  any  person  in  interest :  provided,  however, 

that  the  probate  court  may  extend  the  time  when  any  tax 
shall  be  due  and  payable  whenever  the  circumstances  of 
the  case  may  require.  Ajyproved  June  11,  1891. 

ChdVA'^Q   ^^  ^^^  RELATIVE  TO  THE  REMOVAL  OF  TRUANTS  TO  UNION  TRUANT 

SCHOOLS. 

Be  it  enacted,  etc. ,  as  follows : 

JemlTedTo^^'^      SECTION  1.     The  school  committcc  of  any  city  or  town 
union  truant      in  any  county  or  counties  where  a  union  truant  school  has 

schools.  •'  •' 


without  a 
warrant. 


1891.  — Chapter  427.  1033 

been  or  shall  hereafter  be  established,  may,  with  the 
approval  of  the  court  making  the  original  commitment, 
cause  all  persons  confined  in  the  truant  or  farm  school  in 
such  city  or  town,  when  such  farm  school  is  a  truant 
school,  to  be  removed  to  such  union  truant  school  to 
complete  the  term  for  which  they  were  originally  com- 
mitted, subject  however  to  the  provisions  of  law  as  to 
release  before  the  expiration  of  such  term. 

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

Approved  June  11,  1891. 

An  Act  relating  to  the  punishment  of  drunkenness.  ChapA2i7 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     Whoever  is  found  in  a  state  of  intoxication  intoxicated  per. 

.  ifi  •        r  ^      •  1  •  ij.i?  80U  coramittin^ 

m  a  public  place,  or  is  found  m  any  place  in  a  state  ot  a  breach  of  the 
intoxication  committing  a  breach  of  the  peace  or  disturbing  beTnested  ™'*^ 
others  by  noise,  may  be  arrested  without  a  warrant  by  a 
sheriff',   deputy  sheriff,    constable,    watchman    or    police 
officer,  and  kept  in  custody  in  some  suitable  place  until 
he  has  recovered  from  his  intoxication. 

Section  2.     Any  person  arrested  for  drunkenness  may  Maybe  re- 
make to  the  officer  in  charge  of  the  place  of  custody  in  custody  by 
which  he  is  confined,  a  written  statement,  giving  his  name  certai'n"condi- 
and  address,  and  declaring  that  he  has  not  been  arrested  "°°«- 
for  drunkenness  twice  before   within  the  twelve  months 
next  preceding,  or  that  having  been  so  arrested  he  has 
been  tried  and  acquitted  in  one  of  the  cases,  together  with 
a  request  to  be  released  from  custody.     If  the  officer  who 
receives  said  statement  shall  be  satisfied  that  it  is  probably 
true,  and  shall  so  endorse  thereon,  he  may  release  from 
custody  the  person  making  the  same,  pending  investiga- 
tion, if  he  is  within  the  jurisdiction  of  a  court  having  a 
probation  officer.     Each  statement  made  as  aforesaid  shall  statement  made 

1  ...  .  to  be  referred  to 

be  referred  by  the  officer  receiving  the  same  to  a  proba-  a  probation 
tion  officer,  who  shall  at  once  inquire  into  the  truth  or  '^  "^''''''''• 
falsity  thereof,  and  shall  endorse  thereon,  over  his  own 
signature,  for  the  use  of  the  court  having  jurisdiction  of 
the  case,  the  result  of  the  investigation.     If  said  investiga-  Action  upon 

.  i/»'T  iii  1  report  ot  proba- 

tion sustains  the  truth  ot    said  statement,  the  court  may  tiouoiucer. 

thereupon  direct  that  such  person  be  released  from  custody 

without  brinffino-  him  into  court,  if  he  has  not  been  re- 

leased.      If  the  investigation  shows  that  the    statement 

made  by  a  person  who  has  been  released  from  custody,  as 

aforesaid,  was  true,  no  further  action  shall  be  taken  in  his 

case.     If  it  shall  appear  to  the  probation  officer  to  be  complaint  to  be 

■*•  ^  made. 


1034  1891.  —  Chapter  427. 

untrue,  he  shall  so  notify  the  officer  who  made  the  arrest, 
and  he  shall  make  a  complaint  against  said  person  for 
A=|i°°°^  trial    drunkenness.     If  said  case  is  within   the  jurisdiction  of  a 
trial  justice,  he  shall  make  such  inquiries  as  he  shall  think 
necessary,  relative  to  the  truth  or  ftilsity  of  said  statement, 
and  may  direct  that  the  person  making  the  same  be  released 
from  custody  without   bringing  him  into  court,  unless  he 
hibfe'foMUegai  ^®  satisfied  that  said  statement  is  false.     No  officer  making 
arrest,  etc.         au  arrcst  uudcr  the  provisions  of  this  act  shall  be  liable  for 
illegal  arrest  or  imprisonment  if  the  person  arrested  shall 
be  released  from  custody  upon   his  own  request  as  herein 
provided. 
t^TeTnfor?ued*^       SECTION  3.     Evcry  pcrsou  arrcstcd  for   drunkenness, 
of  ws  right.       when  he  has  recovered   from    his    intoxication,  shall    be 
informed  by  the  officer  in  charge  of  the  place  in  which  he 
is  kept  in  custody,  of  his  right  to  request  to  be  released 
^.^"JP'^'"' t°  ^^  as  hereinbefore  provided.     If  he    shall   not   make   such 
request,  or  if  he  shall  not  be  released,  as  hereinbefore  pro- 
vided, the  officer  making  the  arrest  shall  make  a  complaint 
against  him  for  drunkenness. 
TouTreieifsed^o       SECTION  4.     A  fuU  rccord  of  cach  case  in  which  a  per- 
coin tfetc^ ^''^    son  is  released  from  custody,  as  aforesaid,  together  with 
the  statement  made  by  him,  shall  be  kept  by  the  court  or 
trial  justice.     When  a  person  is  so  released  by  any  of  the 
several  municipal  courts  of  the  city  of  Boston,  or  within 
their  jurisdiction,  a  certified  copy  of  the  statement  made 
as  aforesaid,  together  with  the  name  of  the  officer  making 
the  arrest,  shall  be  sent  by  such  court  to  the  clerk  of  the 
municipal  court  of  the  city  of  Boston  for  criminal  business, 
driuifenQess!"''       SECTION  5.     If  a  male  person  is  convicted  of  drunken- 
ness by  the  voluntary  use  of  intoxicating  liquor,  he  may 
be  punished  by  imprisonment  in  the  jail,  or  in  any  place 
provided  by  law  for  common  drunkards,  for  not  more  than 
one  year,  or  in  the  Massachusetts  reformatory,  as  provided 
by  chapter  three  hundred  and  twenty-three  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-six.     If  a  female 
person  is  so  convicted  she  may  be  punished  by  imprison- 
ment in  the  jail,  or  in  any  place  provided  by  law  for  com- 
mon drunkards,  for  not  more  than  one  year,  or  in  the 
reformatory  prison  for  women    for   not   more    than   two 
years  :  jjrovided,  Jioivever,  that  if  the  person  so  convicted 
shall  satisfy  the  court  or  trial  justice,  b_f  his  own  statement 
or  otherwise,  that  he  has  not  been  arrested  for  drunken- 
ness twice  before  within  the  twelve  months  next  preceding, 
or  that  having  been  so  arrested  he  has  been   tried   and 


1891.  — Chapter  427.  1035 

acquitted  in  oue  of  the  cases,  his  case  may  be  placed  on 
file. 

Section  6.     It  shall  be  the  duty  of  probation  officers  Dutyofproba- 
to  assist  the  courts  by  which  they  are  severally  appointed,  furnish infor- 
by  obtaining  and  furnishing  information  in  regard  to  pre-  ^'minVegard 
vious  arrests,  convictions  and  imprisonments  for  drunken-  ar^gt^gtc. 
ness,    and    such    other    facts    as   the    court    shall    direct, 
concerning  persons  accused  of  drunkenness. 

Section  7.     Each  of  the  said  officers  shall  keep  a  full  l^^l^.lTui^L 
record,  well  indexed,  of  each  such  case  investigated,  in  Ig'^"^ g°^.'^*' 
such  form  as  the  court  shall  direct.     The  probation  officers 
of  the  several  municipal  courts  within  the  city  of  Boston 
shall  furnish  to  the  municipal  court  for  the  city  of  Boston 
a  copy  of  the  record  in  each  such  case.     Said  court  shall 
cause  all  records  and  statements  received  by  it  as  aforesaid, 
to  be  consolidated  and  so  kept  that  they  can  be  readily 
consulted,  and  for  such  purpose  may  employ  such  clerical 
service  as  shall  be  necessary.     The  compensation  fixed  by 
the    court    for    such  service,    and    such    other   necessary 
expenses  as  shall  be  incurred  by  the  court  in  carrying  out 
the  provisions  of  this  section,  shall  be  paid  from  the  treas- 
ury of  the  county  of  Suffolk,  upon  vouchers  approved  by 
said  court.     All  records  and  statements  made  under  this  Records  and 
act  shall  be  open  at  all  times  to  the  police  officials  of  the  opentopouce 
several  cities  and  towns  of  the  Commonwealth .     The  board  °^'''^^^'  ^**=- 
of  police  of  Boston,  the  city  marshals  and  chiefs  of  police 
of  the  other  cities  and  towns,  the  keepers  of  jails  and  mas- 
ters of  houses  of  correction,  and  the  superintendent  of  the 
Boston  house  of  industry  shall  furnish  to  each  other  and  to 
said  probation  officers,  and  said  probation  officers   shall 
furnish  to  each  other,  on   ai:)plication,  all  information  in 
their  possession  relative  to  persons  whose   cases  shall  be 
under  investigation,  as  hereinbefore  provided. 

Section  8.  Sections  twenty-five,  twenty-six,  twenty-  Repeal. 
seven  and  twenty-eight  of  chapter  two  hundred  and  seven 
of  the  Public  Statutes,  so  much  of  chapter  three  hundred 
and  seventy-five  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five  as  prescribes  a  penalty  for  drunkenness, 
chapter  three  hundred  and  seventy-seven  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-eight,  and  such  other 
acts  and  parts  of  acts  as  are  inconsistent  with  this  act  are 
hereby  repealed. 

Section  9.     This  act  shall  take  effect  on  the   first  day  xo  take  effect 
of  July,  in  the  year  eighteen  hundred  and  ninety-one.  "^  '^^^' 

Approved  June  11,  1891. 


1036 


1891.— Chapter  428. 


ChapA28  ^N   -^CT   TO   APPORTION   AND  ASSESS   A   STATE   TAX   OF   ONE    MILLION 

FIVE   HUNDRED   THOUSAND   DOLLARS. 

Beit  efiacted,  etc.,  asfolloios: 

$i!5oo,ooo°  Section  1.     Each  city  and  town  in  this  Commonwealth 

SseT^'^  ^""^  shall  be  assessed  and  pay  the  several  sums  with  which  they 

stand  respectively  charged  in  the  following  schedule,  that 

is  to  say  :  — 


B.irnstable 
county. 


BARNSTABLE   COUNTY. 


Barnstable, 

Twenty-four  hundred   and   fifteen 

dolhirs, 

$2,415  00 

Bourne, 

Eight  hundred  and  ten  dollars. 

810  00 

Brewster,  . 

Four  hundi-ed  and  twent}-  dollars,  . 

420  00 

Chatham,   . 

Five  hundred  and  eighty-five  dol- 

lars, 

585  00 

Dennis, 

Eleven    hundred   and    twenty-five 

dollars, 

1,125  00 

Eastham,    . 

One  hundred  and  ninety-five  dol- 

lars,        

195  00 

Falmouth,  . 

Thirty -three  hundred  and  forty-five 

doliai's, 

3,.345  00 

Harwich,    . 

Eight  hundred  and  forty  dollars,    . 

840  00 

Mashpee,    . 

One  hundred  and  five  dollars. 

105  00 

Orleans, 

Four  hundred  and  sixty-five  dollars, 

465  00 

Provincetown,    . 

Sixteen  hundred  and  thirty-five  dol- 

lars,        

1,635  00 

Sandwich,  . 

Seven  hundred  and  thirty-five  dol- 

lars,        

735  00 

Truro, 

Two  hundred  and  forty  dollars, 

240  00 

Wellfleet,  . 

Five  hundred  and  twenty -five  dol- 

lars,        

525  00 

Yarmouth,. 

Eleven  hundred  and  ten  dollars,     . 

1,110  00 

114,550  00 

Berkshire 

BERKSHIRE   COUNTY. 

couuty. 

Adams, 

Twenty-eight  hundred  and  ninety- 

five  dollars, 

$2,895  00 

Alford, 

Two  hundred  and  ten  dollars. 

210  00 

1891.  — Chapter  428. 

BERKSHIRE  COUNTY  — Continued. 


1037 


Berkshire 
county. 


Becket, 

Cheshire,    . 

Clarksburg, 

Dalton, 

Egremont, . 

Florida, 

Great  Bar  rington, 

Hancock,    . 

Hinsdale,    . 

Lanesborongh, 

Lee,    . 

Lenox, 

Monterey,  . 

Mt.  Washington 

New  Ashford, 

New  Marlboro' 

North  Adams, 

Otis,   . 

Peru,  . 

Pittsfield,   . 

Richmond,. 

Sandisfield, 

Savoy, 

Sheffield,    . 

Stockbridge, 

Tyringham, 

Washington, 


Three  hundred  and  thirty  dollars,  . 

Five  hundred  and  eighty-five  dol- 
lars,      ...  .         . 
One  hundred  and  sixtj'-five  dollars. 

Fourteen  hundred  and  eighty-five 

dollars, 

Three  hundred  and  thirty  dollars. 

One  hvmdred  and  fifty  dollars, 

Twenty-four  hundred   and  fifteen 

dollars,  .... 

Three  hundred  dollars,    . 

Five  hundred  and  seventy  dollars, 

Four  hundred  and  thirty-five  dol 
lars,       ..... 

Eighteen  hundred    and    forty-five 
dollars,.         .... 

Seventeen    hundred    and    seventy 
dollars, 

One  hundred  and  eighty  dollars. 

Sixty  dollars,   .... 

Sixty  dollars,  .... 

Four  hundred  and  eighty  dollars. 

Forty-four  hundred   and  fifty-five 

dollars,  .         . 

One  hundred  and  sixty-five  dollars 

Ninety  dollars. 

Seventy-five  hundred  and  seventy- 
five  dollars,  .... 

Three    hundred    and    seventy-five 
dollars,  .... 

Two  hundred  and  eighty-five  dol 
lars, 

One  hundred  and  thirty-five  dollars, 

Seven  hundred  and  twenty  dollars. 

Twenty-two  hundred  and  five  dol- 
lars,        

One  hundred  and  eighty  dollars,    . 

One  hundred  and  fifty  dollars. 


1330  00 


585  00 
165  00 


1,485  00 
380  00 

150  00 


2,415  00 
300  00 

570  00 


435 

00 

1,845 

00 

1,770 

180 

00 
00 

60 

00 

60  00 

480 

00 

4,455 
165 

00 
00 

90  00 

7,575  00 

375  00, 

285  00 
135  00 

720  00 


2,205  00 
180  00 

150  00 


1038 


Berkshire 
county. 


Bristol  county. 


1891.  —  Chapter  428. 

BERKSHIRE  COUNTY  —  Concluded. 


W.  Stockbridge, 
Williamstown,  . 
Windsor,    . 


Five  hundred  and  twent3'-fiv^e  dol- 
lars,      ...... 

Fourteen  hundred  and  fifty-five 
dollars, 

One  hundred  and  sixty-five  dollars, 


BRISTOL   COUNTY. 


Acushnet,  . 
Attleborougb, 
Berkley, 
Dartmouth, 
Dighton,     . 
Easton, 
Fairhaven,. 
Fall  River, 
Freetown,  . 
Mansfield,  . 
New  Bedford, 
N.  Attleborougb 
Norton, 
Raynhara,  . 
Rehoboth,  . 
Seekonk,    . 
Somerset,  . 
Swanzey,    . 
Taunton,    . 
Westport,  . 


Four  hundred  and  ninety -five  dol- 
lars,        

Twenty-eight  hundred  and  ninety- 
five  dollars, 

Three  hundred  and  forty-five  dol- 
lars,       

Sixteen  hundred  and  five  dollars,  . 

Six  hundred  and  fifteen  dollars. 
Thirty-two  hundred  and  ten  dollars, 

Twelve  hundred  and  forty-five  dol- 
lars,        

Thirty-three  thousand  five  hundred 
and  forty  dollars. 

Six  hundred  and  ninety  dollars, 

Ten  hundred  and  fifty  dollars. 

Twenty-six  thousand  and  twenty- 
five  dollars,  .... 

Twenty-seven  hundred  and  fifteen 
dollars,  .... 

Six  hundred  and  fifteen  dollars, 

Six  hundred  and  ninety  dollars, 

Five   hmidred   and    fifty-five    dol 
lars, 

Five  hundred  and  eighty-five  dol- 
lars,       

Eight  hundred  and  twenty-five  dol- 
lars,       

Five  himdred  and  seventy  dollars. 

Thirteen  thousand  two  hundred  dol- 
lars,       

Ten  hundred  and  fifty  dollars. 


$525  GO 

1,455  00 
165  00 


>,745  00 


$495  00 

2,895  00 

345  00 
1,605  00 

615  00 

3,210  00 

1,245  00 

33,540  00 
690  00 

1,050  00 

26,025  00 

2,715  00 
615  00 

690  00 


555 

00 

585 

00 

825 
570 

00 
00 

13,200 
1,050 

00 
00 

$92,520  00 

1891.  — Chapter  428. 
dukes  county. 


1039 


Dukes  county. 


Chilmark,  . 

One  hundred  and  eighty  dollars,     . 

$180  00 

Cottage  City,     . 

Nine  hundred  and  sixty  dollars, 

960  00 

Edgailovvn, 

Five  hundred  and  seventy  dollars, . 

570  00 

Gay  Head, . 

Fifteen  dollars,        .... 

15  00 

Gosnold,     . 

One  hundred  and  thirt3'-tive  dollars. 

135  00 

Tisbury,     . 

Six  hundred  and  thirty  dollars, 

630  00 

$2,490  00 

ESSEX  COUNTY. 


Essex  county. 


Amesbur}-, 

Thirty-one    hundred    and    twenty 

dollars, 

$3,120  00 

Andovei-,    . 

Forty-three  hundred  and  sixty-five 

dollars, 

4,365  00 

Beverly,     . 

Ten  thousand  six  hundred  and  five 

dollars, 

10,605  00 

Boxford,     . 

Four  hundred  and  eighty  dollars,   . 

480  00 

Bradford,   . 

Thirteen  hundred  and  twenty  dol- 

lars,        

1,320  00 

Danvers,    . 

Twenty-nine  hundred  and  twenty- 

five  dollars,  ..... 

2,925  00 

Essex, 

Seven  hundred  and  five  dollars. 

705  00 

Georgetown, 

Seven  hundred  and  sixty-five  dol- 

lars,        

765  00 

Gloucester, 

Ninety-eight    hvindred    and    forty 

dollars, 

9,840  00 

Groveland, 

Six  hundi-ed  and  ninet}^  dollars, 

690  00 

Hamilton,  . 

Six  hundred  and  sixty  dollai's. 

660  00 

Haverhill,  . 

Twelve  thousand  four  hundred  and 

sixty-five  dolhu's, 

12,465  00 

Ipswich, 

Seventeen  hundred  and  forty  dol- 

lars,        

1,740  00 

Lawrence,  . 

Twenty  thousand  nine  hundred  and 

eighty-five  dollars, 

20,985  00 

Lynn, 

Twenty-four  thousand  seven  hun- 

dred and  thirty-five  dollars. 

24,735  00 

Lynnfield,  . 

Four  hundred  and  live  dollars, 

405  00 

Manchester, 

Fifty-three  hundred  and  twenty-five 

dollars, 

5,325  00 

1040 

Essex  couuty. 


Franklin 
county. 


1891.  —  Chapter  428. 

ESSEX  COUNTY— Concluded. 


Marblehead, 
Merriraac,  . 
Methuen,    . 
Middleton, 
Nahant, 
Newbuiy,  . 
Kewburjport, 
North  Andover, 
Peabody,    . 
Rockport,  . 
Rowley, 
Salem, 
Salisbury,  . 
Saugus, 
Swampscott, 
Topsfield,  . 
Wenham,   . 
West  Newbury, 


Thirty-fonr   hundred    and    twenty 

dollars,  .... 

Ten  hundred  and  thirty-five  dollars 

Twenty-two  hundred  and  thirty-five 

dollars,  .... 

Four  hundred  and  five  dollars. 

Forty-two  hundred  and  fifteen  dol 
lars, 

Eight  hundred  and  twenty-five  dol- 
lars,        

Sixty- eight  hundred  and  forty  dol 
lars,       ..... 

Twenty-two  hundred  and  thirty-five 
dollars,  .... 

Fifty-four  hundred  dollars. 

Fifteen  hundred  and  ninety  dollars 

Four  hundred  and  fifty  dollars, 

Twent}-  thousand  four  hundred  and 

forty-five  dollars. 
Four  hundred  and  twenty  dollars. 

Seventeen  hundred  and  ten  dollars 

Thirty-three  hundred  and  forty-five 
dollars, 

Seven  hundred  and  sixty-five  dol 
lars, 

Four  hundred  and  five  dollars. 

Seven  hundred  and  sixty-five  dol- 
lars,        


$3,420  00 
1,035  00 


2,235  00 
405  00 


4,215  00 

825  00 

6,840  00 

2,235  00 

5,400  00 

1,590  00 

450  00 


20,445  00 
420  00 

1,710  00 


3,345  00 

765  00 

405  00 


765  00 


$157,635  00 


FRANKLIN   COUNTY. 


Ashfield,     . 
Bernardston, 
Buckland,  . 
Charlemont, 
Colrain, 


Three  hundred  and  sixty  dollars,    . 

Three  hundred  and  forty-five  dol- 
lars  

Four  hundred  and  twenty  dollars,  . 

Two  hundred  and  seventy  dollars. 

Four  hundred  and  thirtj^-five  dol- 
lars,       


f360  00 

345  00 
420  00 

270  00 
435  00 


1891.  — Chapter  428. 


1011 


FRANKLIN   COUNTY  —  Coxcluded 


Conwaj-, 

Deerfield, 

Erving, 

Gill,    . 

Greenfield, 

Hawley, 

Heath, 

Leverett, 

Leydeu, 

Monroe, 

Montague, . 

New  Salem, 

Northfield, 

Orange, 

Rowe, 

Sbelbnrne, . 

Sliutesbiuy, 

Sunderland, 

Warwick,  . 

Wendell,    . 

^Miately,    . 


Agawam ,   . 
Blandt'ord, . 


Six  hundred  dollars. 

Nine  hundred  and  sixty  dollars. 

Two  hundred  and  seventy  dollars 

Three  hundred  and  thirty  dollars. 

Thirty-seven    hundred    and   sixty- 
five  dollars,  .... 
One  hundred  and  twenty  dollars. 

One  hundred  and  thirty-five  dollars 

Two  hundred  and  twent3'-five  dol- 
lars,      ..... 
One  hundred  and  thirty-five  dollars 

Sixty  dollars,   .... 

Twenty-three  hundred  and  seventy 
dollars,  .... 

Two  hundred  and  twenty-five  dol- 
lars,        

Six  hundred  dollars. 

Sixteen  hundred  and  eighty  dollars 

One  hundred  and  sixty-five  dollars 

Six  hundred  and  seventy-five  dol- 
lars,        

One  hundred  and  twenty  dollars. 

Three  hundred  and  fifteen  dollars 

Two  hundred  and  twenty-five  dol- 
lars,        

One  hundred  and  fifty  dollars. 

Three  hundred  and  forty-five  dol- 
lar's,        


Franklin 
county. 


HAMPDEN   COUNTY. 


Nine  hundred  and  thirty  dollars,    . 

Two  hundred  and  eighty-five  dol- 
lars,     .        .        .        . 


$600  00 
960  00 
270  00 
330  00 


3,765  00 
120  00 

135  00 


225  00 
135  00 

60  00 


2,370  00 

225  00 
600  00 

1,680  00 

165  00 


675  00 
120  00 

315  00 


225  00 
150  00 


845  00 


$15,300  00 


Hampden 
county. 


$930  00 


285  00 


1042 


Hampden 
county. 


Hampshire 
county. 


1891.  —  Chapter  428. 

HAMPDEN  COUNTY  — Concluded. 


Bvirafield,  . 

Chester, 

Chicopee,   . 

Granville,  . 

Hampden,  . 

Holland,     . 

Holyoke,    . 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Soutliwick, 

Springfield, 

Tolland,     . 

Wales, 

West  Springfield, 

Westfield,  . 

Wilbraham, 


Three  hundred  and  seventy-five  dol- 
lars,        

Four  hundred  and  ninety-five  dol- 
lars  

Forty-five  hundred  and  sixty  dol- 
lars,      .        .        .        .      ' . 

Two  hundred  and  eighty-five  dol- 
lars,        

Three  hundred  dollars,    . 

Seventy-five  dollars. 

Fourteen    thousand    two    hundred 

and  thirty -five  dollars. 
Nine  hundred  and  sixty  dollars. 

Six  hundred  dollars. 

Thirteen  hundi-ed  and  five  dollars. 

One  hundred  and  five  dollars. 

Nineteen  hundred  and  ninety-five 

dollars,  .         .         .         "         . 

Three  hundred  and  fifteen  dollars. 

Four  hundred  and  twenty  dollai's,  . 

Thirty  thousand  nine  hundred  and 

fifteen  dollars,      .... 

One  hundred  and  twenty  dollars,    . 

Two  hundred  and  twenty-five  dol- 
lars,    ...:.. 

Twenty-five  hundred  and  ninetj'- 
five  dollars, 

Fifty-one  hundred  and  fifteen  dol- 
lars,        

Four  hundred  and  ninety-five  dol- 
lars,       


HAMPSHIRE   COUNTY. 


Amherst,    . 

Belchertown, 

Chesterfield, 


Twenty-two  hundred  and  fifty  dol- 
lars,       

Six  hundred  and  fort3^-five  dollai's, 

Two  hundred  and  twenty-five  dol- 
lars,       


$375  00 

495  00 

4,560  00 

285  00 
300  00 

75  00 


14,235  00 
960  00 

600 

00 

1,305 

00 

105 

00 

1,995 
315 

00 
00 

420  00 


30,915  00 
120  00 


225  00 

2,595  00 

5,115  00 

495  00 


$66,705  00 


$2,2.50  00 
645  00 


225  00 


1891.  — Chapter  428. 


1043 


HAMPSHIRE  COUNTY  —  Concluded. 


Hampshire 
county. 


Cummington, 

Easthampton, 

Enfield,      . 

Goshen, 

Granb}^ 

Greenwich, 

Had  ley, 

Hatfield,     . 

Huntmgton, 

Middlefield, 

Northampton, 

Pelham, 

Plainfield,  . 

Prescott,     . 

South  Hadley, 

Southampton, 

Ware, 

Westhampton, 

Williamsburg, 

Worthington, 


Two  hundred  and  forty  dollars. 

Eighteen  hundred  and  thirty  dol- 
lars,        

Six  hundred  dollars. 

One  hundred  and  five  dollars, 

Three  hundred  and  sixty  dollars. 

Two  hundred  and  fifty -five  dollars 

Seven  hundred  and  eighty  dollars 

Seven  hundred  and  twenty  dollars 

Three  hundred  and  seventy-five  dol- 
lars,      ..... 
Two  hundred  and  ten  dollars. 

Sixty-nine  hundred  and  forty-five 

dollars,  .... 

One  hundred  and  twenty  dollars. 

One  hundred  and  twenty  dollars. 

One  hundred  and  thirty-five  dollars 

Fourteen  hundred  and  fifty-five  dol- 
lars,        

Three  hundred  and  seventy-five  dol- 
lars,      ..... 

Thirty-two  hundred  and  eightj'-five 
dollars,  .... 

One  hundred  and  ninety -five  dollars 

Seven  hundred  and  five  dollars. 

Two  hundred  and  twenty-five  doL 
lai-s, 


$240  00 


1,830 
600 

00 
00 

105 

00 

360 

00 

255 

00 

780 

00 

720 

00 

375 
210 

00 
00 

6,945  00 
120  00 

120 

00 

135 

00 

1,455 

00 

375 

00 

3,285 
195 

00 
00 

705  00 


225  00 


$22,155  00 


MIDDLESEX  COUNTY, 


Middlesex 
county. 


Acton, 

Ten  hundred  and  five  dollai's. 

$1,005  00 

Arlington, . 

Four  thousand  and  eighty  dollars, . 

4,080  00 

Ashby, 

Three  hundred  and  sixty  dollars,    . 

360  00 

lOM 


Middlesex 
county. 


1891.  — Chapter  428. 

MIDDLESEX  COUNTY  — Contikued. 


Ashland,     . 

Ayer, . 

Bedford,     . 

Belmont,    . 

Bill  erica,    . 

Boxborough, 

Burlington, 

Cambridge, 

Carlisle, 

Chelmsford, 

Concord,     . 

Dracut, 

Dunstable, 

Everett, 

Framingham, 

Groton, 

Holliston,  . 

Hopkinton, 

Hudson, 

Lexington, 

Lincoln, 

Littleton,    . 

Lowell, 

Maiden,      . 

Marlborough, 

Maynard,   . 


Nine  hundred  and  ninety  dollars,   .  |990  00 

Nine  hundred  and  fortj'-five  dollars,  945  00 

Six  hundred  and  foity-five  dollars,  645  00 

Twenty-four  himdred  and  fifteen 

dollars, 2,415  00 

Thirteen  hundred  and  eighty  dol- 
lars   1,380  00 

One  hundred  and  eighty  dollars,     .  180  00 

Three  hundred  and  sixty  dollars,   .  360  00 

Forty-six  thousand    four  hundred 

and  forty  dollais,  .         .         .  46,440  00 

Two  hundred  and  eighty-five  dol- 
lars,         285  00 

Twelve  hundred  and  sixty  dollars,  1,260  00 

Twenty-seven  hundred   and   sixty 

dollars, 2,760  00 

Nine  hundred  and  thirty  dollars,     .  930  00 

Two  hundred  and  twenty-five  dol- 
lars   225  00 

Forty-seven  hundred  and   tAventy- 

five  dollars, 4,725  00 

Fifty-five  hundred  and  fifty  dollars,  5,550  00 

Twenty-one  hundred  and  thirty  dol- 
lars,         2,130  00 

Eleven  hundred  and  seventy  dol- 
lars,         1,170  00 

Sixteen  hundred  and  fifty  dollars,  .  1,650  00 

Sixteen  hmidred  and  eighty  dol- 
lars   1,680  00 

Twenty-four  hundred  and  forty-five 

dollars, 2,445  00 

Twelve  hundred  dollars,         .        .  1,200  00 

Six  hundred  dollars,        ...  600  00 

Forty-two  thousand  seven  hundred 

and  eighty  dollars,        .         .         .  42,780  00 

Twelve  thousand  one  hundred  and 

five  dollars, 12,105  00 

Forty-two  hundred  dollars,      .         .  4,200  00 

Fourteen  hundred  and  eighty-five 

dollars, 1,485  00 


1891.  — Chapter  428. 


MIDDLESEX  COUNTY  —  CoxcLrDED. 


Middlesex 
county. 


Medford,    . 
Melrose, 
Natick, 
Newtoa, 
North  Reading-, 
Pepperell,  . 
Reading,     . 
Sherborn,  . 
Shirley, 
Somerville, 
Stoneham, . 
Stow, . 
Sudbury,    . 
Tewksbury, 
Townsend, 
Tyngsborough, 
Wakefield, 
Walthara,  . 
Watertown, 
AVaylaud,  . 
Westford,  , 
Weston, 
Wilmington, 
Winchester, 
Woburn,    . 


Seventy-eight    hundred   and    sixty 

dollars, 

Forty-four  hundred  and  ten  dollars. 

Thirty-nine  hundred  and  forty-five 
dollars,  .         .         .         .         . 

Twenty-five  thousand  five  hundred 
and  forty-five  dollars,  . 

Three  hundred 'and  sixty  dollars. 

Thirteen  hundred  and  tvventj^  dol- 
lars,        

Eighteen  hundred  and  ninety  dol- 
lars,        

Six  hundred  and  forty-five  dollars 

Four  hundred  and  eighty  dollars, 

Twenty  thousand  six  hundred  and 

seventy  dollars,    . 
Twenty-four  hundred  and  forty-five 

dollars,  .... 

Six  hundred  and  sixty  dollars. 

Eight  hundred  and  ten  dollars. 

Ten  hundred  and  twenty  dollars. 

Seven  hundred  and  eighty  dollars. 

Two  hundred  and  eighty-five  dol 
lars,       ..... 

Thirty-two  hundred  and  seventy 
dollars,  .... 

Ninety-seven  hundred  and  eighty 
dollars,  .... 

Fiftj-two  hundred  and  five  dollars. 

Eleven    hundred    and    twenty-five 

dollars, 

Eight  hundred  and  seventy  dollars, 

Eighteen   hundred    and   forty-five 

dollars, 

Four  hundred  and  eighty  dollars,  . 

Thirty-three  hundred  and  seventy- 
five  dollars,  .... 

Sixty -four  hundred  and  sixty-five 
dollars, 


$7,860  00 
4,410  00 


3,945  00 

25,545  00 
360  00 


1,320  00 

1,890  00 
645  00 

480  00 


20,670  00 


2,445  00 
660  00 

810  00 

1,020  00 

780  00 

285  00 

3,270  00 

9,780  00 
5,205  00 

1,125  00 

870  00 

1,845  00 
480  00 

3,375  00 

6,465  00 

$251,520  00 

1046 


Nantucket 
couuty. 


Nantucket, 


Norfolk  county. 


h, 


Avon, 

Bellinghani, 

Brain  tree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dover, 

Foxborous:^ 

Franklin, 

Holbrook, 

Hyde  Park 

Medfield, 

Med  way, 

Millis, 

Milton, 

Needliam, 

Norfolk, 

Norwood, 

Quincy, 

Randolph, 

Sharon, 

Stoughton, 


1891.  — Chapter  428. 
nantucket  county. 


Twenty-two  hundred  and  fifty  dol- 
lars,        


NORFOLK   COUNTY. 


Four  hundred  and  five  dollars, 
Four  hundred  and  fifty  dollars, 

Twenty-five  hundred  and  ninety 
five  dollars,  .... 

Thirty-two  thousand  one  hundred 
and  forty-five  dollars,  . 

Twenty-eight  hiuidred  and  thirty 
five  dollars,  .... 

Thirty-six  hundred  dollars,     . 

P'our  thousand  and  sixty-five  dol 

lars 

Five  hundred  and  ten  dollars, 

Ten  hundred  and^ixtj^-five  dollars, 

Seventeen  hundred  and  forty  dol- 
lars,        

Ten  hundred  and  eighty  dollars,     . 

Five  thousand  and  seventy  dollars, 

Eight  hundred  and  seventy  dollars. 

Ten  hundi'ed  and  fifty  dollars. 

Three  hundred  and  sixty  dollars,    . 

Ten   thousand   four   hundred    and 

eighty-live  dollars, 
Fifteen  hundred  and  fifteen  dollars. 

Three  hundred  and  sixty  dollars,    . 

Seventeen  hundred  and  twenty-five 
dollars, 

Seventy-three  hundred  and  thirty- 
five  dollars, 

Seventeen  hundred  and  eighty-five 
dollars, 

Nine  hundred  dollai's. 

Sixteen  hundred  and  twenty  dollars, 


,250  00 


1405  00 
450  00 

2,595  00 

32,145  00 

2,835  00 
3,600  00 


4,065  00 
510  00 

1,065  00 


1,740  00 
1,080  00 

5,070  00 

870  00 

1,050  00 

360  00 

0,485  00 
1,515  00 

360  00 

1,725  00 

7,335  00 

1,785  00 
900  00 

1,620  00 


1891.  —  Chapter  428. 

NORFOLK  COUNTY  —  Concluded. 


Walpole,  . 
Wellesley, . 
Weymouth, 
Wi'entham, 


Thirteen  hundi'ed  and  thirty-five 
dollars, 

Four  thousand  and  ninety-five  dol- 
lars,        

Forty-seven  hundred  and  ten  dol- 
lars,        

Ten  hundred  and  thirty -five  dol- 
lars,        


PLYMOUTH   COUNTY. 


Abington,  . 

BridgcAvater, 

Brockton,   . 

Carver, 

Duxbury,   . 

E.  Bridgewater 

Halifax, 

Hanover,    . 

Hanson, 

Hingham,  . 

Hull,  . 

Kingston,  . 

Lakeville,  . 

Marion, 

Marshfield, 

Mattapoisett, 

IMiddleborough, 

Norwell,     . 

Pembroke, . 


Sixteen  hundred  and  fifty  dollars. 

Eighteen  hundred  and  fifteen  dol- 
lars,        

Eleven  thousand  one  hundred  and 
foi"ty-five  dollars, 

Four  hundred  and  eighty  dollars 

One  thousand  and  five  dollars. 

Twelve  hundred  dollars. 

One  hundred  and  eighty  dollars. 

Nine  hundred  dollars. 

Four  himdred  and  sixty-five  dollars. 

Twenty-nine  hundred  and  ten  dol- 
lars, .... 

Fourteen  hundred  and  seventy  dol- 
lars,        

Foiu'teen  hundred  and  fifty-five  dol 
lars,  .... 

Three  hundred  and  seventy-five 
dollars,  .... 

Six  hundred  and  ninety  dollars. 

Eight  hundred  and  seventy  dollars. 

Eleven  hundred  and  twenty-five 
dollars, 

Twenty-four  hundred  and  fifteen 
dollars,  .         .         .         .         . 

Eight  hundred  and  ten  dollars. 

Four  hundred  and  ninety-five  dol- 
lars,        


1047 

Norfolk  county. 


$1,335  00 

4,095  00 
4,710  00 
1,035  00 


$94,740  00 


Plymouth 
county. 


$1,650  00 

1,815  00 

11,145  00 

480  00 

1,005  00 

1,200  00 

180  00 

900  00 

465  00 

2,910  00 

1,470  00 

1,455  00 

375  00 
690  00 

870  00 

1,125  00 

2,415  00 
810  00 

495  00 


1018 


Plymouth 
county. 


1891.  — Chapter  428. 

PLYMOUTH  COUNTY  — Concluded. 


Plpnouth,  . 
Plympton,  . 
Kocliester, . 
Rockland,  . 
Scituate,  . 
Wareham,  . 
W.  Bridgewater, 
Whitman,  . 


Forty-two  hundred  and  forty-five 
dollars, 

Two  hundred  and  twenty-five  dol- 
lars,        

Three  hundred  and  sixty  dollars,    . 

Eighteen  hundred  and  sixty  dollars. 

Thirteen  hundred  and  eighty  dol- 
lars,        

Thirteen  hundred  and  five  dollars. 

Seven  hundred  and  fifty  dollars, 

Twenty-one  hundred  and  thirty  dol- 
lars,       


$■4,245  00 

225  00 
360  00 

1,860  00 


1,380  00 
1,305  00 

750  00 


2,130  00 


143,710  00 


Suffolk  county. 


SUFFOLK   COUNTY. 


Boston, 

Five  hvindred  fifty-three  thousand 

five  hundred  and  fifteen  dollars, . 

f553,515  00 

Chelsea, 

Fourteen  thousand  five  hundred  and 

twenty  dollars,      .... 

14,520  00 

Revere, 

Thirty-two  hundred  and  forty  dol- 

lars,        

3,240  00 

WinthrojD,  . 

Two  thousand  and  eighty-five  dol- 

lars,        

2,085  00 

f573,360  00 

Worcester 
county. 


WORCESTER   COUNTY. 


Ashburuham, 

Athol, 

Auburn, 

Barre, 

Berlin, 

Blackstone, 

Bolton, 


Seven  hundred  and  fifty  dollars,     . 

Two  thousand  and  eighty -five  dol- 
lars,        

Three  hundred  and  seventy-five 
dollars, 

Ten  hundred  and  fifty  dollars, 

Three  hundred  and  sixty  dollars,   . 

Eighteen    hundred    and  forty-five 

dollars, 

Three  hundred  and  sixty  dollars,    . 


$750  00 


2,085  00 

375  00 
1,050  00 

360  00 


1,845  00 
360  00 


1891.  — Chapter  428. 

WORCESTER  COUNTY  — Continued. 


1049 


Boylston,    . 

Three    hundred    and    seventy-five 

dollars, 

$375  00 

Brookfield, 

Ten  hundred  and  twenty  dollars,    . 

1,020  00 

Charlton,    . 

Seven  hundred  and  twenty  dollars. 

720  00 

Clinton, 

Forty-one  hundred  and  twenty-five 

dollars, 

4,125  00 

Dana, 

Two  hundred  and  ten  dollars. 

210  00 

Douglas,     . 

Seven  hundred  and  sixty-five  dol- 

lars,        

765  00 

Dudley,      . 

Seven  hundred  and  fifty  dollars,     . 

750  00 

Fitehburg, . 

Eleven  thousand  one  hundred  and 

thirty  dollars,        .... 

11,130  00 

Gardner,     . 

Three  thousand  dollars,  . 

3,000  00 

Grafton, 

Seventeen     hundred    and    sevent}^ 

dollai's,          ..... 

1,770  00 

Hard  wick, . 

Ten  hundred  and  sixty-five  dollars. 

1,065  00 

Harvard,    . 

Seven  hundred  and  eighty  dollars. 

780  00 

Holden, 

Eight  hundred  and  twenty-five  dol- 

lars  

825  00 

Hopedale,  . 

One  thousand  and  five  dollars. 

1,005  00 

Huljbardston,     . 

Five  hundred  and  twenty-five  dol- 

lars,        

525  00 

Lancaster,  , 

Twenty-two   hundred   and  twenty 

dollars, 

2,220  00 

Leicester,   . 

Fifteen    hundred   and   seventy-five 

dollars,          ..... 

1,575  00 

Leominster, 

Thirtj-one  hundred  and  fifty  dol- 

lai's,       .         .         .         .         . 

3,150  00 

Lunenburg, 

Four  hundred  and  ninety-five  dol- 

lars,        

495  00 

Men  don,     . 

Four  hundred  and  thirtj^-five  dol- 

lars,      ...... 

435  00 

Milford,      . 

Thirty-seven  hundred  and  sixty-five 

dollars,          .        .        .        \        . 

3,765  00 

Mill  bury,    . 

Fourteen  hundred  and  seventy  dol- 

lars,      ...... 

1,470  00 

Xew  Braintree, . 

Three  hundred  and  fifteen  dollars, 

315  00 

Xorth  Brookfield, 

Fifteen  hundred  and  fifteen  dollars. 

1,515  00 

Xorthborough,  . 

Nine  hundred  and  seventy-five  dol- 

lars,      ...... 

975  00 

North  bridge. 

Twenty-two   hundred    and    eighty 

dollars, 

2,280  00 

Oakham,    . 

Two  hundred  and  fifty -five  dollars. 

255  00 

"Worcester 
county. 


1050 


■Worcester 
county. 


1891.  — Chapter  428. 

WORCESTER  COUNTY  —  Concluded. 


Oxford, 

Paxton, 

Petersham, 

Phillipston, 

Princeton,  . 

Royalston, . 

Rutland,     . 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer, 

Sterling, 

Sturbridge 

Sutton, 

Templeton 

Upton, 

Uxbridge, 

Warren, 

Webster, 

West  Bojlston, 

West  Brookfield 

Westborough, 

Westminster, 

Winchendon, 

Worcester, 


Ten  hundred  and  sixty-five  dollars, 

One  himdred  and  ninety-five  dol- 
lars,        

Four  hundred  and  fifty  dollars. 

Two  hundred  and  ten  dollars. 

Six  hundred  dollars. 

Five  hundred  and  forty  dollars. 

Three  hundred  and  sixty  dollars. 

Seven  hundred  and  sixty-five  dol 

lars, 

Eleven  hundred  and  fiftj'-five  dol 

lars,       .  ... 

Twenty-five  hundred  and  five  dol 

lars,       .         .  .         . 

Thirty-two  hundred  and  twenty-five 

dollars,  .... 

Six  hundred  and  seventy-five  dol- 

lai's, 

Seven  hundred  and  twenty  dollars 

Nine  hundred  and  ninety  dollars. 

Nine  hundred  and  thirty  dollars. 

Six  hundred  and  seventy-five  dol 

lai's, 

Fifteen  hundred  and  ninety  dollars. 

Eighteen  hundred  and  ninety  dol- 
lars,        

Twenty-one  hundred  and  ninety 
dollars,  .         .         .         .         . 

Nine  hundred  and  thirty  dollars,     . 

Six  hundred  dollars. 

Nineteen  hundred  and  sixty-five 
dollars,  .         .         .         .         . 

Six  hundred  dollars, 

Fifteen  hundi*ed  and  fifteen  dollars. 

Fifty  thousand  six  hundred  and 
forty  dollars,        .... 


M,06o  00 

195  00 
450  00 

210  00 

600  00 

540  00 

360  00 

765  00 

1,155  00 

2,505  00 

3,225  00 

675  00 
720  00 

990  00 

930  00 


675  00 
1,590  00 


1,890  00 

2,190  00 
930  00 

600  00 


1,965  00 

600  00 

1,515  00 

50,640  00 


1130,320  00 


1891.  —  Chaptek  428. 


1051 


RECAPITULATIOX, 


Recapitulation 
by  counties. 


Barnstable  Co., 
Berkshire  Co., 
Bristol  Co., 
Dukes  Co., 
Essex  Co , . 

Franklin  Co., 
Hampden  Co  , 
Hampshire  Co., 
Middlesex  Co., 
Nantucket  Co., 
Norfolk  Co., 
Plymouth  Co., 
Suffolk  Co., 

Worcester  Co., 


Fourteen  thousand  five  hundred  and 
fifty  dollars,  .         .         .         . 

Thirty-two  thousand  seven  hun- 
dred and  forty-five  dollars,  . 

Ninety-two  thousand  five  hundred 
and  twenty  dollars. 

Twenty-four  hundred  and  ninety 
dollars,  .         .         .         .         . 

One  hundred  fifty-seven  thousand 
six  hundred  and  thirty-five  dol- 
lars,      .... 

Fifteen  thousand  three  hundred 
dollars,  .        .         .        .        . 

Sixty -six  thousand  seven  hundred 
and  five  dollars,    .         .         .         . 

Twenty-two  thousand  one  hundred 
and  fifty-five  dollars,    . 

Two  hundred  fifty-one  thousand 
five  hundred  and  twenty  dollars, 

Twentj'-two  hundred  and  fifty  dol- 
lars,        

Ninety-four  thousand  seven  hun- 
dred and  forty  dollars, 

Forty-tln-ee  thousand  seven  hun- 
dred and  ten  dollars,    . 

Five  hundred  seventy-three  thou- 
sand three  hundred  and  sixty 
dollars,  .         .         .         .         . 

One  hundred  thirty  tliousand  thi'ee 
hundred  and  twenty  dollars. 


$14,550  00 

32,745  00 

92,520  00 

2,490  00 

157,635  00 
15,300  00 
66,705  00 
22,155  00 

251,520  00 

2,250  00 

94,740  00 

43,710  00 

573,360  00 
130,320  00 


f  1,500,000  00 


Section  2.     The  treasurer  of  the  Commonwealth  shall  Treasurer  of 

/.,.,  Ti-  T  1  1  the  Coramon- 

forthwith  send  his  warrant,  directed  to  the  selectmen  or  wealth  to  issue 

assessors  of  each  city  or  town  taxed  as  aforesaid,  requiring 

them  respectively  to  assess  the  sum  so  charged,  according 

to  the  provisions  of  chapter  eleven  of  the  Public  Statutes, 

and  to  add  the  amount  of  such  tax  to  the  amount  of  town 

and  county  taxes  to  be  assessed  by  them  respectively  on 

each  city  and  town. 

Section  3.     The  treasurer  of  the  Commonwealth  in  his  to  require 
warrant  shall  require  the  said  selectmen   or  assessors  to  assessors^to'^ 
pay,  or  issue  severally  their  warrant  or  warrants  requiring  io^eUj^oTtown 
the  treasurers  of  their  several  cities  or  towns  to  pay,  to  neasurers. 
the  treasurer  of  the  Commonwealth  on  or  before  the  tenth 
day  of  December  in  the  year  eighteen  hundred  and  ninety- 


1052  1891.  — Chapters  429,  430. 

one  the  sums  set  against  said  cities  and  towns  in  the  sched- 
ule aforesaid ;  and  the  selectmen  or  assessors  respectively 
shall  return  a  certificate  of  the  names  of  the  treasurers  of 
their  several  cities  and  towns,  with  the  sum  which  each 
may  be  required  to  collect,  to  the  treasurer  of  the  Com- 
monwealth at  some  time  before  the  first  day  of  October  in 
the  year  eighteen  hundred  and  ninety-one. 
ZeamrlLoi  SECTION  4.     If  the  amouut  due  from  any  city  or  town, 

delinquent  cities  ^s  providcd  in  this  act,  is  not  paid  to  the  treasurer  of  the 

and  towns.  i  .,.,  .  •  n     ■>        \  i  -j 

Commonvv^ealth  within  the  time  specmed,  then  the  said 
treasurer  shall  notify  the  treasurer  of  such  delinquent  city 
or  town,  who  shall  pay  into  the  treasury  of  the  Common- 
wealth, in  addition  to  the  tax,  such  further  sum  as  would 
be  equal  to  one  per  centum  per  month  during  such  delin- 
quency from  and  after  the  tenth  day  of  December  in  the 
year  eighteen  hundred  and  ninety-one  ;  and  if  the  same 
remains  unpaid  after  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-two  an  information  ma}'  be 
filed  by  the  treasurer  of  the  Commonwealth  in  the  supreme 
judicial  court,  or  before  any  justice  thereof,  against  such 
Warrant  of  delinquent  city  or  town  ;  and  upon  notice  to  such  city  or 
issue  against  towu,  and  a  summary  hearing  thereon,  a  warrant  of  dis- 
cityortown.  ^j.ggg  jj-jj^y  iggue  against  such  city  or  town  to  enforce  the 
payment  of  said  taxes  under  such  penahies  as  said  court  or 
the  justice  thereof  before  whom  the  hearing  is  had  shall 
order. 

Section  5.     This  act  shall  take  eflect  upon  its  passage. 

Ai^proved  June  ll,  1891. 

ChClD  429  -^^  ^^^  ^^  ESTABLISH   THE   SALARY  OF  THE   EXECUTIVE   MESSENGER. 

Be  it  enacted,  etc.,  as  folloivs : 
Salary  estab-  SECTION  1.     The  aunual  salary  of  the  executive  mes- 

senger shall  be  twelve  hundred  dollars,  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. 

Approved  June  11,  1891. 

Chan  4:^0  An  Act  to  authorize  the  albert  manufacturing  company  to 
hold  real  estate  within  this  commonwealth. 

Be  it  enacted,  etc.,  as  follows: 
May  hold  real         SECTION    1.     The  Albert    Manufacturing    Company,  a 
the^commou-      corpoi'ation  established  under  the  laws  of  the  Province  of 
wealth.  ^^^  Brunswick  and  Dominion  of  Canada,  upon  comply- 


1891.  —  Chapter  431.  1053 

ing  wilh  the  provisions  of  chapter  three  hundred  and 
thirty  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four  and  chapter  three  hundred  and  forty-one  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-one,  may  pur- 
chase, hold  and  convey  such  real  estate  in  this  Common- 
wealth upon  the  banks  of  the  Mystic  river,  not  exceeding 
fifty  thousand  dollars  in  value,  as  may  be  necessary  for 
the  purpose  of  conducting  its  manufacturing  business. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ajyprovecl  June  11,  1891. 


ChapASl 


"An  Act  in  further  addition  to  the  several  acts  making 
appropriations  for  expenses  authobized  the  present  year 
and  for  certain  other  expenses  authorized  by  law. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  sums  hereinafter  mentioned  are  Appropriations. 
appropriated,  to  be  paid  out  of  the  treasury  of  the 
Commonwealth  from  the  ordinary  revenue,  for  the  pur- 
poses specified  in  certain  acts  and  resolves  of  the  present 
year,  and  to  meet  certain  other  expenses  authorized  by 
law,  to  wit :  — 

For  expenses  of  committees  of  the  present  legislature,  Expenses  of 
to    include    compensation    and    expenses    of    committees  <=°'^'^i"®^^- 
appointed  to  sit  during  the  recess,  a  sum  not  exceeding 
ten  thousand  dollars,  the  same  being  in  addition  to  the 
amounts  heretofore  appropriated. 

For  printino^  extra  copies  of  that  portion  of  the  report  Report  of  state 

/•i  in/-iii         I'll  1       board  of  health 

of  the  state  board  or  health  which  relates  to  water  supply  relating  to 
and  sewerage,  as    authorized    by   chapter   eighty  of  the  TnTJewe^rag^. 
resolves  of  the  year   eighteen  hundred  and  eighty-nine, 
a  sum  not  exceeding  three  thousand  dollars,  the  same  to 
be  in  addition  to  the  amounts  heretofore  appropriated. 

For  the  compensation  of  probation  officers,  appointed  o^°'^erg°° 
by  any  justice  of  the  superior  court,  as  provided  for  in 
section  seven  of  chapter   three  hundred  and  fifty-six  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  three 
hundred  dollars. 

To  assist  the  town  of  Truro  in  maintaining  a  section  of  Town  of  Truro, 
its  county  highway,  known  as  Beach  Point  road,  a  sum 
not  exceeding  five  hundred  dollars,  as  authorized  by  chap- 
ter three    hundred   and    sixty-three   of  the    acts    of  the 
present  year. 

For    expenses  in  connection    with    the  commission    to  commission  to 
promote    rapid   transit   for   the    city   of  Boston   and  its  trTnsu.^ '^'*^' 


1054 


1891.  — Chapter  431. 


Arsenic  in 
paper,  etc. 


Auditor,  first 
clerk. 


Second  clerk. 


Extra  clerks. 


Report  of  com- 
missioner on 
public  records, 
etc. 


World's  Colum. 
bian  exposition. 


Hospital  for 
dipsomaniacs 
and  inebriates. 


Massachusetts 
troops  of  the 
revolutionary 
war. 


suburbs,  a  sum  not  exceeding  twenty  thousand  dollars, 
as  authorized  by  chapter  three  hundred  and  sixty-five  of 
the  acts  of  the  present  year. 

For  expenses  in  connection  with  investigations  into  the 
existence  of  arsenic  in  any  paper,  fabric  or  other  article 
offered  for  sale  or  exchange,  a  sum  not  exceeding  one 
thousand  dollars,  as  authorized  by  chapter  three  hundred 
and  seventy-four  of  the  acts  of  the  present  year. 

For  the  salary  of  the  first  clerk  in  the  department  of  the 
auditor  of  the  Commonwealth,  a  sum  not  exceeding  two 
hundred  dollars,  as  authorized  by  chapter  three  hundred 
and  seventy-five  of  the  acts  of  the  present  year,  being  in 
addition  to  the  two  thousand  dollars  appropriated  by 
chapter  two  of  the  acts  of  the  present  year. 

For  the  salary  of  the  second  clerk  in  the  department  of 
the  auditor  of  the  Commonwealth,  a  sum  not  exceeding 
three  hundred  dollars,  as  authorized  by  chapter  three  hun- 
dred and  seventy-five  of  the  acts  of  the  present  year,  being 
in  addition  to  the  seventeen  hundred  dollars  appropriated 
by  chapter  two  of  the  acts  of  the  present  year. 

For  the  salaries  of  the  extra  clerks  in  the  department  of 
the  auditor  of  the  Commonwealth,  a  sum  not  exceeding 
six  hundred  dollars,  as  authorized  by  chapter  three  hun- 
dred and  seventy-five  of  the  acts  of  the  present  year,  being 
in  addition  to  the  amounts  heretofore  appropriated  for  said 
salaries. 

For  printing  five  hundred  extra  copies  of  the  second 
report  of  the  commissioner  on  public  records  of  parishes, 
towns  and  counties,  a  sum  not  exceeding  one  hundred 
dollars,  as  authorized  by  chapter  ninety-six  of  the  resolves 
of  the  present  year. 

For  expenses  in  connection  with  the  "World's  Columbian 
exposition,  a  sum  not  exceeding  seventy-five  thousand  dol- 
lars, as  authorized  by  chapter  ninety-eight  of  the  resolves 
of  the  present  year. 

To  provide  for  certain  expenses  of  the  Massachusetts 
hospital  for  dipsomaniacs  and  inebriates,  a  sum  not  exceed- 
ing thirty-five  hundred  dollars,  as  authorized  by  chapter 
ninety-nine  of  the  resolves  of  the  present  year. 

For  collating,  indexing  and  publishing  the  records  of  the 
Massachusetts  troops  of  the  period  of  the  revolutionary 
war,  a  sum  not  exceeding  fifteen  thousand  five  hundred 
dollars,  as  authorized  by  chapter  one  hundred  of  the 
resolves  of  the  present  year. 


1891.  —  Chapter  431.  1055 

For  the  Murdock  Parlor  Grate  Company,  the  sum  of  two  Murdock  parior 
hundred    forty-seven    dollars    and    eighty-nine    cents,    as  panV 
authorized  by  chapter  one  hundred  and  three  of  the  resolves 
of  the  present  year. 

For  marking  places  dangerous  to  yachts  and  small  boats,  Places  danger- 
in  the  harbors  of  the  Commonwealth,  a  sum  not  exceeding  andBmaii  boats. 
one  thousand  dollars,  as  authorized  by  chapter  one  hundred 
and  five  of  the  resolves  of  the  present  year. 

For  the  Commonwealth's  flats  improvement  fund,  for  common- 

,1  wealth  s  flats 

the  purpose  of  reimbursing  the  city  of  Boston  lorty  per  improvement 
cent,  of  the  cost  of  a  bridge  across  the  reserved  channel 
at  South  Boston,  a  sum  not  exceeding  eighty  thousand 
dollars,  as  authorized  by  chapter  three  hundred  and  eighty- 
eight  of  the  acts  of  the  present  year. 

For  the  expenses  of  the  Charles  river  commission,  as  chariesnver 
provided  for  in  chapter  three  hundred  and  ninety  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  three  thou- 
sand dollars. 

For  the  payment  of  current  expenses  and  for  the  erec-  wei,tboiough 
tion  of  a  new  laundry  and  boiler  house  at  the  Westborough  '°^'^"^  °^^'  ^ ' 
insane  hospital,  a  sum  not  exceeding  thirty-five  thousand 
dollars,  as  authorized  by  chapter  one  hundred  and  eleven 
of  the  resolves  of  the  present  year,  being  in  addition  to 
the  eight  thousand  dollars  appropriated  for  current 
expenses  by  chapter  one  hundred  and  forty-eight  of  the 
acts  of  the  present  year. 

For  providing  for  an  investigation  into  the  subject  of  ^d°"uiu«Ha^°^ 
manual  training  and  industrial  education,  as  authorized  by  education. 
chapter  one  hundred  and  six  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  one  thousand  dollars. 

For  the   compensation   of  the  commissioners  provided  promote'lapid* 
for  in  section  five  of  chapter  three  hundred  and  sixty-five  transit. 
of  the  acts  of  the  present  year,  to  promote  rapid  transit 
in  the  city  of  Boston  and  its  suburbs,  a  sum  not  exceed- 
ing nine  thousand  dollars. 

For  certain  repairs  and  improvements  at  the  Taunton  Taunton  luuatic 
lunatic  hospital,  a  sum  not  exceeding  fifty  thousand  dol- 
lars, as  authorized  by  chapter  one  hundred  and  twelve  of 
the  resolves  of  the  i)resent  year. 

For  the  widow  of  the  late  William  Allen,  justice  of  the  widow  of  late 
supreme  judicial  court,  the  sum   of  thirty-four   hundred 
and  thirty-three  dollars  and  thirtj-three  cents,  as  author- 
ized by  chapter  one  hundred  and  thirteen  of  the  resolves 
of  the  present  year. 


1056 


1891.  —  Chapter  431. 


Nautical  train- 
ing school. 


Uniformity  of 
legislation. 


Private  secre- 
tary of  gov- 
ernor. 


Executive  clerk. 


Secretary  of  the 
Commonwealth, 
first  and  second 
clerks. 


Doorkeepers, 
messengers  and 
pages. 


Messenger  to 
governor  and 
council. 


Bureau  of 
statistics  of 
labor. 


Soldiers'  mes- 
senger corps. 


Tuberculosis 
food  products 
of  cattle. 


For  expenses  in  connection  with  establishing  a  nautical 
training  school,  a  sum  not  exceeding  fifty  thousand  dol- 
lars, as  authorized  by  chapter  four  hundred  and  two  of  the 
acts  of  the  present  year. 

For  expenses  in  connection  with  the  establishment  of  a 
board  of  commissioners  for  the  promotion  of  uniformity 
of  legishition  in  the  United  States,  a  sum  not  exceeding 
twenty-five  hundred  dolhirs,  as  authorized  by  an  act  of  the 
present  year. 

For  tlie  salary  of  the  private  secretary  of  the  governor, 
a  sum  not  exceeding  five  hundred  dollars,  as  authorized 
by  chapter  four  hundred  and  ten  of  the  acts  of  the  pres- 
ent year,  being  in  addition  to  the  amount  heretofore  appro- 
priated . 

For  the  salary  of  the  executive  clerk  of  the  governor 
and  council,  a  sum  not  exceeding  three  hundred  dollars, 
as  authorized  by  chapter  four  hundred  and  ten  of  the  acts 
of  the  present  year,  being  in  addition  to  the  amount  here- 
tofore appropriated. 

For  the  salaries  of  the  first  and  second  clerks  in  the 
department  of  the  secretary  of  the  Commonwealth,  a  sum 
not  exceeding  five  hundred  dollars,  as  authorized  by  chap- 
ter four  hundred  and  eleven  of  the  acts  of  the  present  year, 
being  in  addition  to  the  amounts  heretofore  appropriated. 

For  extra  compensation  of  the  doorkeepers,  messengers, 
pages  and  others  connected  with  the  present  legislature,  a 
sum  not  exceeding  forty-five  hundred  dollars,  as  author- 
ized by  chapter  one  hundred  and  fourteen  of  the  resolves 
of  the  present  year. 

For  the  salary  of  the  messenger  to  the  governor  and 
council,  a  sum  not  exceeding  two  hundred  dollars,  as 
authorized  by  an  act  of  the  present  year,  being  in  addi- 
tion to  the  sum  of  one  thousand  dollars  heretofore  appro- 
priated. 

To  provide  for  the  collection  of  certain  statistics  by  the 
bureau  of  statistics  of  labor,  a  sum  not  exceeding  ten 
thousand  dollars,  as  authorized  by  chapter  one  hundred 
and  fifteen  of  the  resolves  of  the  present  year. 

For  the  soldiers'  messenger  corps,  a  sum  not  exceeding 
eight  hundred  dollars,  as  authorized  by  chapter  one  hun- 
dred and  sixteen  of  the  resolves  of  the  present  year. 

For  an  examination  by  the  state  board  of  agriculture 
to  ascertain  the  best  methods  of  protection  against  the 
dangers  to  human  life  and  health  arising  from  tuberculosis 


1891.  —  Chapter  431.  1057 

in  the  food  products  of  cattle,  a  sum  not  exceeding  twenty- 
five  hundred  dollars,  as  authorized  by  chapter  one  hundred 
and  eighteen  of  the  resolves  of  the  present  year. 

For  the  salaries  and  expenses  provided  for  in  chapter  Protection  of 
four  hundred  and  twelve  of  the  acts  of  the  present  year,  et*c.'^^"° 
being  "  an  act  to  provide  for  the  protection  of  dairy  prod- 
ucts and  to  establish  a  dairy  bureau  ",  a  sum  not  exceeding 
forty-six  hundred  dolhirs. 

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

Approved  June  11,  1S91. 


1058 


1891.  — Chaptees  1,  2,  3. 


RESOLVES. 


Chai).     1  Resolve  authorizing  the  publication  of  a  bulletin  of  com- 
mittee HEARINGS. 


Bulletin  of 
committee 
hearings. 


Cliap. 


Resolved,  That  the  committee  on  rules  be  authorized  to 
publish  twice  a  week  or  oftener  a  bulletin  of  the  matters 
assigned  for  hearino;s  before  committees,  and  be  authorized 
to  employ  clerical  assistance  at  an  expense  not  to  exceed 
five  hundred  dollars  for  preparing  the  same,  and  to  have 
it  printed  by  the  state  printers.  All  bills  contracted 
under  this  resolve  shall  be  paid  on  approval  of  the  ser- 
geant-at-arms.  Approved  January  19,  1891. 

2  KeSOLVE   to    confirm   THE    ACTS   OF    WILLIAM    V.    THOMPSON   AS    A 
justice   OF   THE   PEACE. 


William  V. 
Thompson,  jus- 
tice of  the 
peace,  acts 
confirmed. 


Resolved,  That  all  acts  done  by  AVilliam  V.  Thompson 
as  a  justice  of  the  peace,  between  the  twenty-seventh  day 
of  July  and  the  eighth  day  of  October  in  the  year  eighteen 
hundred  and  ninety,  are  hereby  confirmed  and  made  valid 
to  the  same  extent  as  though  he  had  been  during  that  time 
qualified  to  discharge  the  duties  of  said  office. 

App)roved  February  6,  1891. 

Chan.     3  Resolve   authorizing   the   treasurer  to    borrow  money    in 

ANTICIPATION     OF     REVENUE. 

borrormone^y        Resolvcd,  That  the  trcasurcr  and  receiver-general  be 
in  anticipation    aud  he  is  hereby  authorized  to  borrow,  in  anticipation  of 

01 rGV6nu6. 

the  receipts  of  the  present  year,  such  sums  of  money  as 
may  from  time  to  time  be  necessary  for  the  payment  of 
the  ordinary  demands  on  the  treasury,  at  any  time  before 
the  expiration  of  fifteen  days  after  the  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary  ;  and  that  he  repay  any  sums  he  may  borrow 
under  this  resolve  as  soon  as  money  sufficient  for  the  pur- 
l)()se,  and  not  otherwise  appropriated,  shall  be  received 
into  the  treasury.  Ajyjjroved  February  13,  1891. 


1891.  —  Chapters  4,  5,  6,  7.  1059 


Resolve  in  favor  of  securing  a  vessel  of  the  navy  for  the  (JJidp^     ^ 

BENEFIT  of  A  NAUTICAL  SCHOOL  TO  BE  ESTABLISHED  AT  THE  PORT 
OF   BOSTON. 

Resolved,  That  his  excellency  the  governor  be  requested  ^^XaUcHooL 
to  petition  the  secretary  of  the  navy  to  furnish  a  suitable 
vessel  of  the  navy  to  be  used  for  the  benefit  of  a  nautical 
school  to  be  established  at  the  port  of  Boston,  for  the 
instruction  of  youths  in  navigation,  seamanship,  marine 
enginery  and  all  matters  pertaining  to  the  proper  con- 
struction, equipment  and  sailing  of  vessels,  together  with 
proper  equipment  for  and  appurtenances  of  such  vessel, 
and  proper  officers  of  the  navy  as  instructors  for  such 
school.  Approved  February  17^  1891. 

Resolve  providing  for  printing  fifteen  hundred  extra  copies  (JJiqij^     5 
of  the  report  of  the  commissioner  on  public  records   of 
parishes,  towns  and  counties. 

Resolved,  That  fifteen  hundred  extra  copies  of  thethird  feport!'°^''' °* 
report  of  the  commissioner  on  public  records  of  parishes, 
towns  and  counties  be  printed,  to  be  distributed  under  the 
direction  of  said  commissioner. 

Approved  February  19,  1891. 

Resolve  in  favor  of  the  widow  of  the  late  joshua  phippen.  (JJicip^      Q 

Resolved,  That  there  be  allowed  and  paid  out  of  the  widow  of 
treasury  of  the  Commonwealth  to  the  widow  of  the  late  phlppen. 
Joshua  Phippen  of  Salem,  for  more  than  twenty  years 
cashier  in  the  department  of  the  treasurer  and  receiver- 
general,  and  who  died  on  the  eighth  day  of  October  in  the 
year  eighteen  hundred  and  ninety,  the  sum  of  four  hun- 
dred and  fifty-six  dollars  and  ninety-nine  cents,  being  the 
amount  of  salary  said  Phippen  would  have  received  had  he 
lived  to  perform  service  as  cashier  as  aforesaid  to  the  end 
of  the  year  eighteen  hundred  and  ninety. 

Approved  February  19, 1891. 


Resolve  in  relation  to  the  topographical  survey  and  map  QIkij).      7 
of  massachusetts. 
Resolved,  That  there  be  allowed  and  paid  out  of  the  Detenuin.ition 

.    ,        ,  -    ,  T  •     I  i         of  tiiungulation 

treasury  ot  the  Commonwealth  a  sum  not  exceedmg  eignty-  of  boundary 
five  hundred  dollars,  which  sum  may  be  expended  by  the 
commissioners  on  the  topographical    survey  and  maj)  of 
Massachusetts,  for  continuinj^the  determination  of  triangu- 


1060  1891.  —  Chapters  8,  9,  10,  11. 

lation  of  the  boundary  lines  of  the  cities  and  towns  of  the 
Commonwealth,  during  the  year  eighteen  hundred  and 
ninety-one.  Approved  February  20^  1891. 

ChctT)'      8  Resolve   providing   for   printing  additional  copies  of  the 

REPORT   of  the   TOPOGRAPHICAL   SURVEY   COMMISSION. 

frapwca"°^°'       Besolved,  That  five  hundred  extra  copies  of  the  topo- 
survey.  graphical  survey  commission  for  the  year  eighteen  hun- 

dred and  ninety  be  printed,  to  be  distributed  under  the 
direction  of  said  commission.      Ap)proved  March  2,  1891. 

ChciT).      9  Resolve  in  favor  of  the  estate  of  the  late  william  wash- 
burn. 
Estate  of  wii-        Resolvecl,  That  there  be  allowed  and  paid  out  of  the 

ham  Washburn.  r^  i    i  i  c      ^         ^ 

treasury  of  the  Commonwealth  to  the  estate  of  the  late 
William  Washburn  of  Boston,  the  sum  of  one  thousand 
and  fifty  dollars,  being  the  amount  provided  for  in  chapter 
fifty-three  of  the  resolves  of  the  year  eighteen  hundred 
and  eighty-five,  which  amount  was  not  drawn  from  the 
treasury  during  the  lifetime  of  said  Washburn.  The  said 
chapter  fifty-three  of  the  resolves  of  the  year  eighteen 
hundred  and  eighty-five  is  hereby  repealed. 

Approved  March  6,  1891. 

CliaT).     10  KeSOLVE  in   favor  of  CHARLES    A.   DEARBORN. 

Charles  A.  ResolvecL,  That  Charles  A.  Dearborn,  father  of  Charles 

A.  Dearborn,  Jr.  formerly  a  member  of  the  thirty-second 
regiment,  infantry,  Massachusetts  volunteers,  and  who 
was  killed  in  the  late  war,  on  the  thirteenth  day  of 
December  in  the  year  eighteen  hundred  and  sixty-two,  be 
eligible  to  receive  state  aid  under  the  provisions,  rules 
and  limitations  of  chapter  three  hundred  and  one  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-nine,  in  the 
same  manner  and  to  the  extent  he  would  have  been  entitled 
had  he  been  in  receipt  of  state  aid  during  the  year  eighteen 
hundred  and  sixt3''-six.  Approved  March  6,  1891. 

Char).   11  Resolve  in  favor  of  george  p.  guerrier. 

George  r.  JResolved,  That  George  P.  Guerrier,  a  citizen  of  and 

resident  in  this  Commonwealth  and  who  was  a  member  of 
company  B,  twenty-second  regiment,  infantry,  Massachu- 
setts volunteers,  and  also  a  lieutenant  in  the  thirty-fifth 
regiment,  United  States  colored  troops,  during  the  war  of 
the  rebellion,  and  was  honorably  discharged  therefrom, 


Guerrier. 


1891.  —  Chapters  12,  13.  lOGl 

shall,  from  and  after  the  passage  of  this  resolve,  be  eligible 
to  receive  state  or  military  aid  under  the  provisions,  rules 
and  limitations  of  chapters  three  hundred  and  one  and  two 
hundred  and  seventy-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  in  the  same  manner  and  to  the 
same  extent  that  he  would  have  been  entitled  had  he  been 
credited  to  the  Commonwealth  on  both  enlistments. 

Approved  March  6,  1S91. 


Resolve  in  favor  of  george  hatden.  (JhciT).   12 

Resolved,  That  George  Hayden  of  Weymouth,  father  George 
of  George  F.  Hayden  formerly  a  member  of  company  H, 
twelfth  regiment,  infantry,  Massachusetts  volunteers,  in 
the  war  of  the  rebellion,  being  now  eighty-two  years  of 
age  and  wholly  dependent  upon  his  son,  said  son  being 
disabled  from  wounds  received  in  battle,  poor  and  hardly 
can  maintain  his  own  family,  shall,  from  and  after  the 
passage  of  this  resolve,  be  eligible  to  receive  state  aid 
under  the  provisions,  rules  and  limitations  of  chapter  three 
hundred  and  one  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine,  in  the  same  manner  and  to  the  same 
extent  he  would  have  been  entitled  had  he  received  state 
aid  prior  to  the  eleventh  day  of  April  in  the  year  eighteen 
hundred  and  sixty-seven  and  had  been  precluded  there- 
from by  the  provisions  of  the  act  of  that  date. 

Approved  March  6',  1S91, 


Havden. 


Resolve  in  favor  of  jiary  briggs.  Chan.   13 

Resolved,  That  Mary  Briggs,  mother  of  Andrew  J.  MaiyBrigga. 
Briggs  who  served  as  a  private  in  company  G,  tenth  regi- 
ment, infantry,  Massachusetts  volunteers,  and  was  killed 
at  Fair  Oaks,  during  the  war  of  the  re1>ellion.  May  thirty- 
first,  in  the  year  eighteen  hundred  and  sixty-two,  shall, 
from  and  after  the  passage  of  this  resolve,  be  eligible  to 
receive  state  aid  under  the  provisions,  rules  and  limitations 
of  chapter  three  hundred  and  one  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-nine,  in  the  same  manner  and 
to  the  same  extent  she  would  have  been  entitled  had  she 
drawn  aid  prior  to  the  eleventh  day  of  April  in  the  year 
eighteen  hundred  and  sixty-seven  and  had  l)een  precluded 
therefrom  by  the  provisions  of  said  chapter  three  hundred 
and  one.  Approved  March  6,  1891. 


1062  1891.  — Chaptees  14,  15,  16,  17. 


CllCtV'   14  Resolve  relating  to  the  transfer  of  certain  military  prop- 
erty  TO  THE  MASSACHUSETTS  AGRICDLTURAL   COLLEGE. 

Transfer  of  Hesolvecl,  That  the  Quartermaster-ofeneral  of  the   Com- 

military  111  i-t  c  -i  -i 

property  to        moDwealth  06  authoi'ized  to  transfer  to  the  trustees  ot  the 
coUege.  Massachusetts  agricultural  college  the  following  military 

property  now  in  their  possession,  and  loaned  them  by  the 
Commonwealth,  and  for  which  they  are  responsible  to  him 
by  law,  to  wit :  — one  Springfield  rifle,  one  artillery  sabre, 
seventy-five  cavalry  sabres,  two  gunners'  haversacks,  two 
hand-spikes,  six  lanyards,  one  prolonge,  two  priming  wires, 
one  sponge  and  rammer,  two  sponge  buckets,  two  tube 
pouches  and  belts,  two  thumbstalls,  one  worm  and  stave, 
twenty  knapsacks,  seventy-five  sabre  belts  and  plates,  two 
dress  hats,  two  water  buckets,  three  plumes,  six  drums 
complete,  one  hundred  and  fifty  tompions  (rifle),  two  pen- 
dulum hausses  and  two  sashes,  being  the  balance  of  prop- 
erty reported  on  hand  by  said  college,  loaned  under 
authority  of  chapter  eight  of  the  resolves  of  the  year  eight- 
een hundred  and  sixty-eight.  The  quartermaster-general 
is  hereby  authorized  to  drop  the  property  above  mentioned 
from  his  property  accounts.         Approved  March  6,  1891. 

Chan    15  Resolve  in  favor  of  the  trustees  of  the  soldiers'  home  in 

MASSACHUSETTS. 

Soldiers'  home        Resolved,  That  there  be  allowed  and  paid  out  of  the 

in  Massa-  y  r^  i  ^       i 

chusetts.  treasury  ot   the    Commonwealth    to    the  trustees    ot   the 

soldiers'  home  in  Massachusetts,  the  sum  of  twenty-five 
thousand  dollars,  the  same  to  be  used  towards  the  main- 
tenance of  a  home  for  deserving  soldiers  and  sailors. 

Approved  March  6',  1891. 

Chai)    16  Resolve  providing  for  the  printing  of  five  hundred  extra 

COPIES   OF  the   report   OF  THE   STATE   BOARD   OF   ARBITRATION. 

Report  of  state        Resolvcd.  That  fivc  hundred  extra  copies  of  the  fifth 

board  of  ,,  ,  i       i-         ^   •  •  -i  -i 

arbitration.        auHual  rcport  ot  the  state  board  or  arbitration  be  printed, 
to  be  distributed  under  the  direction  of  said  board. 


Approved  March  6,  1891. 


Chcq. 


fj^   27  Resolve  providing  for  deficiencies  in  the  current  expenses 

AT  THE  WESTBOROUGII  INSANE  HOSPITAL. 

westborouab  Resolvecl,  That  there   be  allow^ed  and  paid  out  of  the 

insane  nospital.  ,■     ^        r^  i    i  ji  r     \        tjt 

treasury  oi  the  Commonwealth  to  the  trustees  ot  the  West- 
borough  insane  hospital  at  Westborough,  a  sum  not  exceed- 


1891.  —  Chapters  18,  19,  20.  1063 

inof  eiffht  thousand  dollars,  to  meet  deficiencies  in  the 
current  expenses  of  said  institution  during  the  year  eighteen 
hundred  and  ninety.  Approved  March  12,  1891. 

Resolve  in  favor  of  matthew  o'hekrin.  ChdV.   18 

Resolved,  That  Matthew  O'Herrin  a  resident  of  Wal-  ^^^.^"^ew 
tham,  Massachusetts,  father  of  James  O'Herrin  who 
enlisted  at  the  age  of  nineteen  in  company  H  of  the  seven- 
teenth regiment  of  Massachusetts  volunteer  infantry  to  the 
credit  of  this  Commonwealth,  under  the  name  of  Frank 
Walch,  and  who  died  while  a  prisoner  of  war  in  the  hands 
of  the  enemy  during  the  war  of  the  rebellion,  shall,  from 
and  after  the  passage  of  this  resolve,  be  eligible  to  receive 
state  aid  under  the  provisions,  rules  and  limitations  of 
chapter  three  hundred  and  one  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-nine,  in  the  same  manner  and 
to  the  same  extent  that  he  would  have  been  had  he  received 
state  aid  prior  to  the  eleventh  day  of  April  in  the  year 
eighteen  hundred  and  sixty-seven  and  been  precluded 
therefrom  by  the  provisions  of  chapter  one  hundred  and 
thirty-six  of  the  acts  of  that  year. 

Approved  March  12,  1891. 

Resolve  in  favor  of  clara  abbott.  (Jlldp.   19 

Resolved,  That  Clara  Abbott  of  Boston,  widow  of  Francis  ciara  Abbott. 
O.  Abbott  who  was  an  acting  ensign  in  the  United  States 
navy  during  the  war  of  the  rebellion  and  who  was  a  citizen 
of  this  Commonwealth  at  the  date  of  his  appointment, 
shall,  from  and  after  the  passage  of  this  resolve,  be  eligible 
to  receive  state  aid  under  the  provisions,  rules  and  limita- 
tions of  chapter  three  hundred  and  one  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-nine,  to  the  same  extent 
that  she  would  have  been  entitled  had  her  late  husband 
served  to  the  credit  of  this  Commonwealth. 

Approved  March  12,  1891. 

Resolve  in  favor  of  harry  chapin.  CJldB-   20 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Harry  chapin. 
treasury  of  the  Commonwealth  to  Harry  Chapin  of  Fra- 
mingham,  the  sum  of  three  hundred  dollars,  as  a  gratuity, 
in  consideration  of  injuries  received  by  him  on  the  twenty- 
eighth  day  of  May  in  the  year  eighteen  hundred  and  ninety, 
said  Ch;ipin  being  struck  by  lightning  and  seriously  injured 
while  em{)loyed  mowing  on  the  campground  of  the  Com- 
monwealth at  Framingham.       Approved  March  12,  1891. 


1064  1891.  —  Chapters  21,  22,  23,  24. 


Chap.  21  Resolve    providing    for    the    leasing    of    house    numbered 

THIRTEEN    BEACON    STREET    FOR    THE    USE    OF     VARIOUS    COMMIS- 
SIONS  AND   BOARDS. 

Beawn^t°relt.  Resolved,  That  the  commissioners  on  the  state  house  be 
and  they  are  hereby  authorized  to  lease  for  the  use  of 
various  commissions  and  boards  the  house  numbered 
thirteen  Beacon  street,  until  such  time  as  the  said  com- 
missions and  boards  can  be  provided  with  suitable  quarters 
in  the  state  house  extension,  at  an  annual  rental  not  to 
exceed  fifty-seven  hundred  dollars.  Chapter  seventy-four 
of  the  resolves  of  the  year  eighteen  hundred  and  eighty- 
five  and  chapter  eighty-two  of  the  resolves  of  the  year 
eighteen  hundred  and  eighty-six  are  hereby  repealed. 

Ap2)7'oved  March  12,  1891. 

OJlup.  22  Resolve  in  favor    of  abby  b.  morton,  widow  of   the  late 

MARCUS    MORTON. 

Moru)^.'  Resolved,  That  there  be  paid  from  the  treasury  of  the 

Commonwealth  to  Abby  B.  Morton,  widow  of  Marcus 
Morton  late  chief  justice  of  the  supreme  judicial  court, 
the  full  amount  of  salary  which  the  said  Marcus  Morton 
would  have  been  entitled  to  receive  had  he  lived  until  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-one.  Approved  March  12,  1891. 

CJldV.   23  Resolve  in  favor  of  henry  j.  cross. 

Henry  J.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Henry  J.  Cross  of 
Cambridge,  the  sum  of  one  hundred  and  fifty  dollars  as 
compensation  for  injuries  accidentally  received  while 
performing  duty  as  a  member  of  troop  D,  first  battalion 
of  cavalry,  second  brigade,  Massachusetts  volunteer 
militia,  at  state  camp  ground.  South  Framingham, 
Massachusetts,  on  the  twenty-fourth  day  of  July  in  the 
year  eighteen  hundred  and  ninety,  and  for  medical  attend- 
ance rendered  necessary  by  said  injury. 

Approved  March  17,  1891. 

CJlCin.   24  Resolve  in  favor  of  Joseph  fernald 

Joseph  Resolved,  That   Joseph  Fernald    of   Boston    who    was 

Fernald.  •     ^     i  j.  •  •  •  i  tt     •        i 

appointed  an  actmg  assistant  engineer  in  the  United 
States  navy  on  the  twenty-fifth  day  of  August  in  the  year 
eighteen  hundred  and  sixty-three,  during  the  war  of  the 


1891.  —  Chapters  25,  26,  27.  1065 

rebellion,  and  served  until  the  fifth  day  of  July  in  the 
year  eighteen  hundred  and  sixty-five,  shall,  from  and 
after  the  passage  of  this  resolve,  be  eligible  to  receive 
state  or  military  aid  under  the  provisions,  rules  and  limi- 
tations of  chapters  two  hundred  and  seventy-nine  and 
three  hundred  and  one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  in  the  same  manner  and  to  the 
same  extent  he  would  have  been  entitled  had  he  served 
to  the  credit  of  this  Commonwealth. 

Approved  March  17 ^  1891. 

Resolve  to  provide  a  koom  for  the  bureau  of  statistics  of  (JJin^^   25 

LABOR   FOR   STORAGE   PURPOSES. 

Resolved,  That  the  state  house  commissioners  provide  a  Bureau  of 
room  outside  of  the  state  house  and  Commonwealth  build-  Lbo'iV^ 
ing  for  the  use  of  the  bureau  of  statistics  of  labor,  for 
storage  purposes,  at  a  rental  not  exceeding  five  hundred 
dollars  per  annum,   until  the  proposed  extension  to  the 
state  house  is  ready  for  occupancy. 

Approved  March  17,  1891. 

Resolve  in  favor  of  sarah  e.  geyer.  CliCip.   26 

Resolved,  That  Sarah  E.  Geyer,  widow  of  Charles  R.  sarahB.  Geyer. 
Ge3'er  late  surgeons'  steward  in  the  United  States  navy 
during  the  war  of  the  rebellion,  shall,  from  and  after  the 
passage  of  this  resolve,  be  eligible  to  receive  state  aid 
under  the  provisions,  rules  and  limitations  of  chapter 
three  hundred  and  one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  in  the  same  manner  and  to  the 
same  extent  she  would  have  been  entitled  had  her  late 
husband  served  to  the  credit  of  this  Commonwealth. 

Approved  March  20,  1891. 


Morley. 


Resolve  in  favor  of  gideon  m.  morley.  Chcip.   27 

Resolved,  That  Gideon  M.  Morley  of  Boston,  Massa- Gideon m. 
chusetts,  who  was  appointed  acting  second  assistant  engi- 
neer in  the  United  States  navy  during  the  war  of  the 
rebellion,  he  being  at  the  time  a  resident  and  citizen  of 
Massachusetts,  shall,  from  and  after  the  passage  of  this 
resolve,  be  eligible  to  receive  state  or  military  aid  under 
the  provisions,  rules  and  limitations  of  chapters  two  hun- 
dred and  seventy-nine  and  three  hundred  and  one  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-nine,  in  the 


1066  1891.  — Chapters  28,  29,  30. 

same  manner  and  to  the  same  extent  that  he  would  have 
been  entitled  had  he  served  to  the  credit  of  this  Common- 
wealth. Approved  March  20,  1891. 

Ghup.   28  Resolve  in  favor  of  hiram  n.  denham. 

DeXam/  Resolved,  That  Hiram  N.  Denham  of  the  town  of  Edgar- 

town,  who  served  as  an  ordinary  seaman  in  the  United 
States  navy  during  the  war  of  the  rebellion  and  who  at 
the  time  of  his  enlistment  was  a  citizen  of  the  town  of 
Edgartown,  shall,  from  and  after  the  passage  of  this 
resolve,  be  eligible  to  receive  state  or  military  aid  under 
the  provisions,  rules  and  limitations  of  chapters  two  hun- 
dred and  seventy-nine  and  three  hundred  and  one  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-nine,  to  the 
same  extent  that  he  would  have  been  entitled  had  he 
served  during  his  term  of  enlistment  to  the  credit  of  this 
Commonwealth.  Approved  March  20,  1891. 

dicup.   29  Resolve  in  favor  of  levi  b.  kelley. 

Levi  B.  Keiiey.  Besolved,  That  Levi  B.  Kelley  of  Provincetown,  who 
served  as  a  pilot  and  afterwards  as  an  ensign  in  the 
United  States  navy  during  the  war  of  the  rebellion,  from 
sometime  in  the  month  of  November  in  the  year  eighteen 
hundred  and  sixty-four  up  to  and  including  the  sixteenth 
day  of  September  in  the  year  eighteen  hundred  and  sixty- 
five,  shall,  from  and  after  the  passage  of  this  resolve,  be 
eligible  to  receive  state  or  military  aid  under  the  provi- 
sions, rules  and  limitations  of  chapters  two  hundred  and 
seventy-nine  and  three  hundred  and  one  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-nine,  in  the  same  man- 
ner and  to  the  same  extent  that  he  would  have  been 
entitled  had  he  served  to  the  credit  of  this  Common- 
wealth. Approved  March  28,  1891. 

CTlClJ).   30  Resolve  in  favor  of  george  golbert. 

George Goibert.  Resolvcd,  That  Gcorgc  Golbert,  father  of  William  C. 
Golbert  who  served  in  company  I,  thirty-second  regiment, 
Massachusetts  volunteers,  during  the  war  of  the  rebellion, 
from  the  seventeenth  day  of  July  in  the  year  eighteen 
hundred  and  sixty-two  until  the  fifteenth  day  of  July  in 
the  year  eighteen  hundred  and  sixty-four,  when  he  died  of 
wounds  received  in  service,  shall,  from  and  after  the  date 
of  the  passage  of  this  resolve,  be  eligible  to  receive  state 
aid  under  the  provisions,  rules  and  limitations  of  chapter 


1891.  — Chapters  31,  32,  33.  1067 

three  hundred  and  one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  in  the  same  manner  and  to  the 
same  extent  that  he  would  have  been  entitled  had  he  been 
in  receipt  of  state  aid  during  the  year  eighteen  hundred 
and  sixty-six.  Approved  March  28,  1891. 

Resolve  in  favor  of  joshca  c.  bobbins.  Chap,   31 

Resolved,  That  Joshua  C.  llobbins  of  the  town  of  Brew-  Joshua  c. 
ster,  who  served  as  an  ordinary  seaman  in  the  United  States 
navy  during  the  war  of  the  rebellion,  from  the  eighth  day 
of  June  to  the  seventh  day  of  July  in  the  year  eighteen 
hundred  and  sixty-three,  at  which  time  he  was  disabled 
and  was  discharged  from  the  hospital  at  Norfolk,  Virginia, 
shall,  from  and  after  the  passage  of  this  resolve,  be  eligible 
to  receive  state  or  military  aid  under  the  provisions,  rules 
and  limitations  of  chapters  two  hundred  and  seventy-nine 
and  three  hundred  and  one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  in  the  same  manner  and  to  the 
same  extent  that  he  would  have  been  entitled  had  he 
served  to  the  credit  of  this  Commonwealth. 

Approved  March  28,  1891. 

Resolve    in    favok    of    the    weymouth    agricultural    and  QJidj)^  32 

INDUSTRIAL    SOCIETY. 

Resolved.,  That  there  be  allowed  and  paid  out  of  the  weymouth 
treasury  of  the  Commonwealth  to  the  Weymouth  Agricult-  and  industrial 
ural  and  Industrial  Society,  the  sum  of  four  hundred  and  ^°"'''^- 
sixty-three  dollars  and  fift3^-five  cents,  being  for  bounty 
for    the  year   eighteen    hundred  and  ninety,  the  amount 
said  society  would  have  been  entitled  to  had  it  been  incor- 
porated by  an  act  of  the  general  court  instead  of  under  the 
general  law.  Apjproved  March  28,  1891. 

Resolve  in  favor  of  william  emerson.  CkdV.   33 

Resolved,  That  William  Emerson,  a  resident  of  Boston,  wiiuam 
Massachusetts,  who  served  in  the  United  States  navy  ^^^'■*°°- 
durinof  the  war  of  the  rebellion  and  who  at  the  date  of  enlist- 
ment  was  residing  in  this  Commonwealth,  shall,  from  and 
after  the  passage  of  this  resolve,  be  eligible  to  receive 
state  aid  or  military  aid  under  the  provisions,  rules  and 
limitations  of  chapters  three  hundred  and  one  and  two 
hundred  and  seventy-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  in  the  same  manner  and  to  the 


1068  1891.  — Chapters  34,  35,  36. 

same  extent  that  he  would  have  been  entitled  had  he 
served  to  the  credit  of  this  Commonwealth. 

Approved  March  28,  1891. 

Chctp.   34  Resolve  in  favor  of  fanny  ross. 

Fanny  Ro86.  Resolved,  That  there  be   allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Fanny  Ross  of  Cam- 
bridge, widow  of  the  late  Michael  Ross  who  was  a  member 
of  company  B,  forty-seventh  regiment  of  Massachusetts 
volunteers  and  who  re-enlisted  in  the  fifty-ninth  regiment 
and  died  in  camp  before  being  mustered  in  on  said 
re-enlistment,  an  annuity  of  two  hundred  dollars  during 
her  natural  life  should  she  remain  unmarried,  payable  in 
equal  quarterly  instalments.     Approved  March  28,  1891. 

Chctp.   35  Resolve  in  favor  of  the  town  of  ayer. 

TownofAyer.  Resolvecl,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  town  of  Ayer  the 
sum  of  one  hundred  and  twenty-five  dollars,  being  for 
rent  of  an  armory  used  by  a  detachment  of  troop  F,  cav- 
alry, Massachusetts  volunteer  militia,  during  the  year 
eighteen  hundred  and  ninety,  inasmuch  as  the  above 
amount  would  have  been  allowed  the  town  of  Ayer  had 
the  authorities  of  said  town  made  their  return  to  the 
adjutant-general  on  or  before  the  first  da}^  of  December  in 
the  year  eighteen  hundred  and  ninety  as  provided  for  in 
section  ninety-six  of  chapter  four  hundred  and  eleven  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven. 

Approved  March  28,  1891. 

Chcin     36  Resolve  in  favor  of  robert  ball  edes. 

Robert  Ball  Resolvecl,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Robert  Ball  Edes  of 
Newton,  first  lieutenant  and  inspector  of  rifle  practice, 
fifth  regiment  of  infantry,  second  brigade,  Massachusetts 
volunteer  militia,  the  sum  of  two  hundred  and  ninety- 
seven  dollars,  in  full  compensation  for  loss  of  time,  medi- 
cal attendance  and  expenses,  made  necessary  on  account 
of  injuries  received  by  him  at  the  annual  encampment  at 
Framingham  on  the  twenty-fourth  day  of  July  in  the  year 
eighteen  hundred  and  ninety.  Said  injury  being  caused 
by  being  thrown  from  his  horse  and  said  horse  falling 
upon  him.  Edes  was  at  the  time  attending  dress  parade 
in  line  of  his  duty  as  one  of  the  militia  of  the  Common- 
wealth. Approved  March  28,  1891. 


Edes. 


1891.  — Chapters  37,  38,  39,  40.  1069 


Resolve  in  favor  of  the  new  England  industrial  school  for  (^/^^j)    37 
deaf  mutes. 

Resolved,  That  there  be  allowed   and  paid  out  of  the  j^ew  England 
treasury  of  the  Commonwealth  to  the  New  England  indus-  schoouor  deaf 
trial  school  for  deaf  mutes,  in  the  town  of  Beverly,  the  "'"'''*• 
sum  of  two  thousand  dollars,  to   be  expended  under  the 
direction  of  the  trustees  thereof;  one  thousand  dollars  of 
said  sum  to  be  applied  towards  the  payment  of  the  debts 
of  said  institution,  and  the  balance  to  be  used  for  the  edu- 
cational purposes  of  the  school  for  the  present  year ;  and 
the  trustees  of  said  school  shall  report  to  the  state  board 
of  education.  Ax>proved  April  1,  1891. 

Resolve  in  favor  of  mart  e.  perkins.  GJiap.   38 

Resolved,  That  Mary  E.  Perkins,  residing  in  the  town  MaryE. 

•  y-^  »         Perkins 

of  Plymouth  and  state  of  Massachusetts,  widow  of  Charles 
H.  Perkins  who  served  in  company  I,  first  regiment  of 
California  cavalry,  during  the  war  of  the  rebellion,  being 
at  date  of  enlistment  a  citizen  of  Massachusetts,  shall, 
from  and  after  the  passage  of  this  resolve,  be  eligible  to 
receive  state  aid  under  the  provisions,  rules  and  limita- 
tions of  chapter  three  hundred  and  one  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-nine,  in  the  same  man- 
ner and  to  the  same  extent  that  she  would  have  been  en- 
titled had  her  late  husband  served  to  the  credit  of  this 
Commonwealth.  Ai-)X)roved  April  i,  1891. 

Resolve  in  favor  of  joseph  a.  parker.  CJiav    39 

Resolved,  That  Joseph  A.  Parker  of  the  city  of  Woburn,  Joseph  a. 
father  of  Joseph  A.  Parker,  Jr.  formerly  a  member  of 
company  I,  fifth  regiment,  Massachusetts  volunteer  militia, 
from  the  nineteenth  day  of  April  until  the  thirtieth  day  of 
July  in  the  year  eighteen  hundred  and  sixty-one,  who  died 
from  disabilities  contracted  in  service,  be  eligible  to  receive 
state  aid  under  the  provisions,  rules  and  limitations  of 
chapter  three  hundred  and  one  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-nine,  in  the  same  manner  and 
to  the  extent  he  would  have  been  entitled  had  he  been 
in  receipt  of  state  aid  during  the  year  eighteen  hundred 
and  sixty-six.  4?5proued  Aj)ril  1,  1891. 

Resolve  in  favor  of  jeremiah  j.  scannell.  Chav.   40 

Resolved,  That  Jeremiah  J.    Scannell   of  the    city   of  Jeicmiah  j. 
Lowell,  who  was  a  member  of  company  F,  first  battalion, 


1070  1891.  —  Chapters  41,  42,  43. 

thirteenth  regiment  of  United  States  infantry  from  April 
twenty-first  in  the  year  eighteen  hundred  and  sixty-two 
to  April  twenty-first  in  the  year  eighteen  hundred  and 
sixty-five,  shall,  from  and  after  the  first  day  of  February 
of  the  present  year,  be  eligible  to  receive  state  aid  under 
the  provisions,  rules  and  limitations  of  chapter  three  hun- 
dred and  one  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine,  in  the  same  manner  and  to  the  same  extent 
that  he  Avould  have  been  entitled  had  he  served  to  the 
credit  of  the  Commonwealth.       Approved  April  1, 1891. 

Chap.  41  Resolve  providing  for  repairs  on  a  certain  school-hodse  in 

THE  TOWN  OF   GAY   HEAD. 

I'S'He^ar''"  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  selectmen  of  the 
town  of  Gay  Head  the  sum  of  one  hundred  dollars,  to  be 
expended  in  making  certain  necessary  repairs  on  the 
school-house  in  the  town  of  Gay  Head  erected  by  the 
Commonwealth  upon  indian  lands,  within  the  limits  of 
said  town,  prior  to  its  incorporation. 

Approved  Ajnil  i,  1891. 

Ohup.  42  Resolve  relative  to  printing  an  edition  of  the  atlas  maps  op 

MASSACHUSETTS   AS   PREPARED   AND    ENGRAVED   BT   THE   GEOLOGI- 
CAL SURVEY. 

Mass'adfusetfs.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two 
thousand  dollars,  for  the  purpose  of  printing  and  dis- 
tributing additional  sheets  of  the  atlas  maps  of  Massa- 
chusetts, as  prepared  and  engraved  by  the  geological 
survey ;  said  maps  to  be  printed  and  sold  upon  the  same 
terms  as  provided  for  in  chapter  fifty-seven  of  the  resolves 
of  the  year  eighteen  hundred  and  ninety. 

Apijroved  April  1, 1891. 

CJlO/D.  43  Resolve  granting  county  taxes. 

County  taxes  JResolved,  That  the  sums  placed  against  the  names  of 

gran  e  .  ^j^^  several  counties  in  the  following  schedule  are  granted 

as  a  tax  for  each  county  named,  respectively,  to  be  col- 
lected and  applied  according  to  law  :  — Berkshire,  seventy- 
five  thousand  dollars;  Barnstable,  eighteen  thousand 
dollars;  Bristol,  one  hundred  and  seventy  thousand  dol- 
lars ;  Essex,  two  hundred  and  twenty-two  thousand  eight 
hundred  and  ninety  dollars  ;  Dukes  County,  seven  thousand 


1891.  —  Chapters  44,  45,  46.  1071 

five  hundred  dollars  ;  Franklin,  thirty-three  thousand  dol- 
lars ;  Hampden,  ninety-eight  thousand  dollars ;  Hamp- 
shire, forty-two  thousand  dollars  ;  Middlesex,  two  hundred 
and  seventy  thousand  dollars  ;  Norfolk,  one  hundred  and 
five  thousand  dollars  ;  Worcester,  one  hundred  and  fifty 
thousand  dollars  ;  Plymouth,  sixty-five  thousand  dollars. 

Approved  April  6,  1891. 

Resolve  authorizing  the  county  of  Plymouth  to  pay  certain  (Jjiq/y)^   44 
money  to  the  widoav  of  francis  m.  vaughan. 

Resolved,  That  the  county  of  Plymouth  be  authorized  vaugh^n. 
to  pay  from  the  county  treasury,  upon  the  order  of  the 
commissioners  of  said  county,  to  Carrie  B.  Vaughan, 
widow  of  Francis  M.  Vaughan  late  justice  of  the  fourth 
district  court  of  Plymouth,  the  salary  to  which  the  said 
Francis  M.  Vaughan  would  have  been  entitled  had  he 
lived  until  the  thirty-first  day  of  December  in  the  year 
eighteen  hundred  and  ninety-one. 

Approved  April  6,  1891. 

Resolve  in  favor  of  Patrick  buckley.  Chap.  45 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Annuity  to 
treasury  of  the  Commonwealth  to  Patrick  Buckley  of  le'y. 
North  Adams,  an  annuity  of  two  hundred  dollars  for  the 
term  of  five  years,  in  consideration  of  injuries  sustained  at 
the  Hoos.'ic  tunnel  while  in  the  employment  of  the  Com- 
monwealth, payable  in  equal  quarterly  instahiients  :  2'^'*^^- 
vided,  that  in  the  event  of  the  decease  of  said  Buckley 
within  said  term  of  five  years  this  annuity  shall  cease. 
Chapter  five  of  the  resolves  of  the  year  eighteen  hundred 
and  ninety  is  hereby  repealed.     Ap)proved  April  6,  1891. 

Resolve    providing    for    the    acceptance    by    the    common-  (J/fcip.  46 

WEALTH  of  a  REIMBURSEMENT  OF  THE  DIRECT  TAX  LEVY  AS 
AUTHORIZED  BY  AN  ACT  OF  CONGRESS  APPROVED  MARCH  SECOND 
IN   THE   YEAR   EIGHTEEN   HUNDRED   AND   NINETY-ONE. 

Resolved,  That   the    Commonwealth  of  Massachusetts  Acceptance  of 
hereby  accepts    in  full  satisfaction  of  all  claims  against  of'directtax 
the  United  States  on  account  of  the  levy  and  collection  of  '''''^" 
the  direct  tax  imposed  Iw  the  act  of  congress,  approved 
August  fifth  in  the  year  eighteen  hundred  and  sixty-one, 
such  sum  of  money  as  jnay  be  credited  to  it  by  the  secre- 
tary of  the  treasury  under  the  provisions    of  an    act  of 
congress,  approved    IMarch    second  in  the  year  eighteen 


1072  1891.  — Chapters  47,  48,  49. 

hundred  and  ninety-one,  entitled  "  an  act  to  credit  and 
pay  to  the  several  states  and  territories  and  the  District 
of  Columbia  all  moneys  collected  under  the  direct  tax  levied 
by  the  act  of  conp-ess  approved  August  fifth,  eighteen 
hundred  and  sixty-one."  And  the  Commonwealth  further 
accepts  all  trusts  imposed  upon  it  by  the  provisions  of 
said  act.  And  the  governor  is  hereby  authorized  to 
receive  said  money  for  the  use  and  purposes  aforesaid. 

Approved  April  8,  1891. 

Chctp.   47   KeSOLVE   in   favor  of  the  widow  of  the  late  ROBERT  C.  PITMAN. 

RobeTTa  ^'""^^        Resolved,  That   there  be  allowed  and  paid  out  of  the 
Pitman.  treasury  of  the  Commonwealth  to  the  widow  of  the  late 

Robert  C.  Pitman  late  justice  of  the  superior  court  of 
Massachusetts,  who  died  on  the  fifth  day  of  March  ot  the 
present  year,  the  sum  of  four  thousand  and  ninety-nine 
dollars  and  forty-seven  cents,  being  the  amount  of  salary 
which  the  said  Robert  C.  Pitman  would  have  been  entitled 
to  receive  had  he  lived  until  the  thirty-first  day  of  Decem- 
ber in  the  year  eighteen  hundred  and  ninety-one. 

Approved  April  .S,  1891. 

Chcip.  48  Resolve  providing  for  furniture  and  machinery  at  the  Mas- 
sachusetts SCHOOL  FOR  THE  FEEBLE-MINDED. 

Massachusetts        Resolved,  That  there  be  allowed  and  paid  out  of  the 

school  for  the  c     i         i-\ 

feeble-minded,  treasury  oi  the  Commonwealth  a  sum  not  exceeding  ten 
thousand  dollars,  for  the  purpose  of  providing  furniture 
and  machinery  at  the  Massachusetts  school  for  the  feeble- 
minded at  Waltham,  said  amount  to  be  expended  under 
the  direction  of  the  trustees  of  the  institution. 

Ap>proved  April  9,  1891. 


Chaj). 


Tewksbury. 


^C)  Resolve  providing  for  a  new  insane  asylum  and  for  certain 

REPAIRS   AND   IMPROVEMENTS   AT   THE   STATE  ALMSHOUSE. 

State  almshouse       Resolved,  That  thcrc  be  allowed  and  paid  out  of  the 

and  insane  '_  i^ 

asylum  at  trcasury    of    the    Commonwealth    a    sum    not    exceeding 

twenty-four  thousand  dollars,  to  be  expended  at  the  state 
almshouse  at  Tewksbury  under  the  direction  of  the  trus- 
tees and  superintendent  of  said  institution,  for  the  follow- 
ing purposes,  to  wit:  —  for  the  erection  of  a  new  insane 
as3^1um  for  males,  a  sum  not  exceeding  twenty  thousand 
dollars  ;  for  furnishing,  lighting  and  heating  the  said  asy- 
lum, a  sum  not  exceeding  three  thousand  dollars,  and  for 


1891.  — Chapters  50,  51,  52.  1073 

building  a  sun  room  in  connection  with  the  female  asylum 
buildings,  a  sum  not  exceeding  one  thousand  dollars. 

Approved  April  10,  1891. 

Resolve  to  provide  for  refunding  certain  taxes  assessed  (Jfidj),  50 

AGAINST   THE   WALTHAM   SAVINGS   BANK. 

Hesolved,  That  the  Waltham  savings  bank  shall  be  waithamsav- 
reimbursed  for  the  following  amounts  paid  by  it  into  the  ^  ^* 
treasury  of  the  Commonwealth  in  excess  of  the  tax 
required  by  law  and  in  consequence  of  omission  to  specify 
certain  non-taxable  bonds  held  by  said  bank,  as  an  invest- 
ment, in  the  returns  given  for  purposes  of  taxation,  to 
wit:  —  the  sum  of  one  hundred  forty-one  dollars  and 
twentj^-throe  cents  of  the  tax  paid  by  said  bank  for  the  six 
months  ending  on  the  tirst  day  of  November  in  the  year 
eighteen  hundred  and  eighty-nine,  and  the  further  sum  of 
two  hundred  and  fifty  dollars  of  the  tax  paid  for  the  six 
months  ending  on  the  first  day  of  May  in  the  year  eight- 
een hundred  and  ninety,  upon  application  to  the  auditor 
of  the  Commonwealth,  who,  on  satisfactory  proof  that 
said  amounts  were  paid  in  excess  of  the  required  tax,  shall 
certify  the  same  to  the  governor  and  council  in  the  same 
manner  as  other  claims  against  the  Commonwealth. 

Approved  April  10,  1891. 

Resolve  in  favor  of  waldo  f.  miles.  OhdV.  51 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Waido  f.  Miies. 
treasury  of  the  Commonwealth  to  Waldo  F.  Miles  of 
Lowell  the  sum  of  two  hundred  dollars,  in  full  compensa- 
tion for  loss  of  time  and  all  expenses  incurred  in  conse- 
quence of  injuries  received  in  the  city  of  Marlborough  on 
the  fourth  day  of  October  in  the  year  eighteen  hundred 
and  ninety,  while  on  duty  as  second  lieutenant  of  com- 
pany G,  sixth  regiment,  infantry,  Massachusetts  volunteer 
militia ;  the  said  injury  being  a  gunshot  wound  in  the 
right  arm  received  in  a  sham  fight  on  the  date  above  men- 
tioned  while  acting  under  orders  of  the  commander-in- 
chief.  Approved  Ajjril  10,  1891. 

Resolve  providing  for  the  payment  of  a  street  betterment  n},ffj^    no 

ASSESSMENT    UPON    PROPERTY     OF    THE    COMMONWEALTH    IN    THE*  "' 

CITY   OF  WORCESTER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  street  better. 
treasury  of  the  Commonwealth  to  the  city  of  Worcester  ment. 


1074  1891.  — Chapters  53,  54,  55. 

the  sum  of  one  hundred  and  eighty-seven  dollars  and 
eighty-tive  cents,  being  the  Commonwealth's  proportionate 
share  of  the  amount  assessed  by  the  mayor  and  aldermen 
of  said  Worcester  for  locating,  laying  out  and  construct- 
ing Prospect  street,  upon  which  the  Commonwealth,  as 
the  owner  of  the  estate  upon  which  the  state  normal  school 
in  said  city  is  situated,  is  an  abutter. 

Approved  April  10,  1891. 

(JhCLp.    53    i^ESOLVE   TO   PROVIDE   FOK   AN    INVESTIGATION    OF    THE    ZONE    SYS- 
TEM  OF    RAILROAD   PASSENGER    FARES. 

zorsysfim  of       Resolved,  That  the  board  of  railroad  commissioners  are 
railroad  passen-  hereby  instructcd  to  investigate  the  zone  system   of  rail- 

ger  fares.  ''  •    i  i         /.  i 

road  passenger  fares,  with  s})ecial  reference  to  the  question 
as  to  whether  said  system  or  any  modification  thereof  can 
])e  adopted  w^ith  advantage,  under  the  conditions  prevail- 
ing in  this  Commonwealth  ;  and  said  board  shall  report 
the  result  of  such  investigation  with  its  recommendations, 
if  any,  to  the  next  general  court. 

AjW'-oved  April  10,  1891. 

Chctp.    54  RliSOLVE   TO   CONFIRM   THE   ACTS   OF   BENJAMIN  F.  BRDWN   AS   A   JUS- 
TICE  OF  THE   PEACE. 

Brow™'fuftice        Resolvcd,  That  all  acts  done  by  Benjamin  F.  Brown  as 
of  the  peace,       a  iusticc  of  the  peace,  between  the  fourteenth  day  of  March 

acts  coufirraed.     .   "^    ,  .     ^  i  i        i  i       •  n      i       i>  i 

in  the  year  eighteen  hundred  and  ninety  and  the  tourteenth 
day  of  March  in  the  year  eighteen  hundred  and  ninety-one, 
are  hereby  confirmed  and  made  valid  to  the  same  extent 
as  though  he  had  been  during  that  time  qualified  to  dis- 
charge the  duties  of  said  office. 

Ajyproved  April  11,  1891. 

ChciJ).  55  Resolve  to  confirm  the  acts  of  william  g.   reed  as   a  jus- 
tice OF  the  peace. 

ReeSsUce  of  Resolved,  That  all  acts  done  ])y  William  G.  Reed  as  a 
the  peace  acts  justicc  of  the  pcacc,  bctwecn  the  twenty-third  day  of  Jan- 
uary  and  the  sixth  day  of  March  in  the  year  eighteen  hun- 
dred and  ninety-one,  are  hereby  confirmed  and  made  valid 
to  the  same  extent  as  though  he  had  been  during  that 
time  qualified  to  discharge  the  duties  of  said  office. 

Ap)proved  April  11,  1891. 


1891.  — Chaptees  56,  57,  58.  1075 


Resolve  to  confirm  the  acts  of  nathan  d.  pratt  as  a  jus-  QJifU)^  ^Q 

TICE   OF   the   peace. 

Resolved,  That  all  the  acts  done  by  Nathan  D.  Pratt  as  a  Nathan  d. 
justice  of  the  peace,  between  the  fourth  day  of  September  the^peicelacts 
and  the  ninth  day  of  October  in  the  year  eighteen  hundred  «=o"'^''"eci. 
and  ninety,  are  hereby  contirraed  and  made   valid  to  the 
same  extent  as  though  he  had  been  during  that  time  quali- 


fied to  discharge  the  duties  of  said  office. 


A];)proved  April  11,  1891. 


Chap.  57 


Resolve  in  favor  of  the  widow  of   the  late  s.  Augustus 

endicott. 

liesolved,  That  there  be  allowed  and  paid  out  of  the  widow  of  late 
treasury  of  the  Commonwealth  to  the  widow  of  the  late  S.  Endi"otu"* 
Augustus  Eudicott  the  sum  of  eleven  hundred  and  seventy- 
three  dollars  and  thirty-nine  cents,  being  the  amount  of 
salary  said  Endicott  would  have  received  had  he  lived  to 
perform  service  as  clerk  in  the  office  of  the  commissioners 
of  savings  banks  to  the  end  of  the  present  year. 

Approved  April  16,  1891. 


Chap.  58 


Resolves  providing  for  submitting  to  the  people  the  article 
OF  amendment  relative  to  the  qualification  of  voters  for 
governor,  lieutenant-governor,  senators  and  representa- 
tives. 

Resolved,  That,  the  following  article  of  amendment  to  Amendmemto 
the  constitution,  having  been  agreed  to  by  the  last  and  refaUvrtoVhe^" 
present   general    courts,    and   published    in    the    manner  voTirs'f o"r°° °^ 
required  l)y  the  Constitution,  be  submitted  to  the  people  gtovemor, 

,  .  *■         ^  lieuteiiant- 

for  their  ratification  and  adoption  :  —  governor,  sen- 

ators and  repre- 
sentatives to  be 

ARTICLE    OF    AMENDMENT    TO    THE   CONSTITUTION   RELATIVE   TO    THE   subniitted  to  the 

people  tor  tneir 
QUALIFICATION    OF    VOTERS     FOR     GOVERNOR,     LIEUTENANT-GOV-   ratification  and 

adoption. 
ERNOR,    SENATORS    AND    REPRESENTATIVES. 

So  much  of  article  three  of  the  amendments  of  the  con- 
stitution of  the  Commonwealth  as  is  contained  in  the 
following  words:  "and  who  shall  have  paid,  by  himself, 
or  his  parent,  master  or  guardian,  any  state  or  county 
tax,  which  shall,  within  two  years  next  preceding  such 
election,  have  been  assessed  upon  him  in  any  town  or 
district  of  this  Commonwealth  ;  and  also  every  citizen 
who  shall  be  by  law  exempted  from  taxation,  and  who 
shall  be  in  all  other  respects  qualified  as  above  mentioned  ", 
is  herei)y  annulled. 


1076 


1891.— Chapter  58. 


Meetings  for 
the  purpose  of 
voting  upon 
the  article  of 
amendment,  etc 


Ballot. 


Governor  and 
council  to  open 
and  examine 
votes,  etc. 


Resolved,  That  the  people  shall  be  assembled  for  the 
purpose  aforesaid,  in  their  respective  polling  places  in  the 
several  cities  and  towns,  in  meetings  to  be  legally  warned, 
and  held  on  Tuesday  the  third  day  of  November  next, 
at  which  meetings  all  persons  qualified  to  vote  for  state 
ofiicers  may  give  in  their  votes  by  ballot  for  or  against 
said  article  of  amendment ;  and  the  same  officers  shall 
preside  in  said  meetings  as  in  meetings  for  the  choice  of 
state  ofiicers,  and  shall  in  open  meeting  receive,  sort, 
count  and  declare  the  votes  for  and  against  the  said  article 
of  amendment ;  and  the  said  votes  shall  be  recorded  by 
the  clerks  of  said  cities  and  towns,  and  true  returns 
thereof  shall  be  made  out  under  the  hands  of  the  mayor 
and  aldermen,  and  of  the  selectmen,  or  a  major  part  of 
them,  and  of  the  clerks  of  the  said  cities  and  towns, 
respectively,  and  sealed  up,  and  within  ten  days  after  the 
said  meetings,  transmitted  to  the  secretary  of  the  Com- 
monwealth. So  far  as  the  same  can  be  made  applicable, 
the  provisions  of  law  applicable  to  the  election  of  state 
officers  shall  apply  to  the  taking  of  the  vote  on  said  arti- 
cle of  amendment. 

Resolved,  That  every  person  qualified  to  vote  as  afore- 
said may  express  his  opinion  on  said  article  of  amendment, 
and  the  following  w^ords  shall  be  printed  on  the  ballot, 
to  wit :  — 

Shall  the  proposed  amendment  to  the  constitu- 
tion relative  to  the  qualification  of  toters  for 
governor,  lieutenant-governor,  senators  and  repre- 
sentatives, be  approved  and  ratified? 

And  if  said  article  shall  appear  to  be  approved  by  a 
majority  of  the  persons  voting  thereon,  it  shall  be  deemed 
and  taken  to  be  ratified  and  adopted  b}^  the  people. 

Resolved,  That  his  excellency  the  governor,  and  the 
council,  shall  forthwith  open  and  examine  the  votes 
returned  as  aforesaid ;  and  if  it  shall  appear  that  said 
article  of  amendment  has  been  approved  by  a  majority  of 
the  persons  voting  thereon,  according  to  the  votes  re- 
turned and  certified  as  aforesaid,  the  same  shall  be  enrolled 
on  parchment,  and  deposited  in  the  secretary's  office  as  a 
part  of  the  constitution  of  the  Commonwealth,  and  shall 
be  published  in  immediate  connection  therewith,  numbered 
according  to  its  numerical  position,  with  the  articles  of 
amendment  of  the  constitution  heretofore  adopted,  in  all 
future  editions  of  the  law^s  of  the  Commonwealth  printed 
by  public  authority. 


YES. 


NO. 


1891.  — Chapters  59,  60.  1077 

Resolved,  That  his  excelleacy  the  iiovernor  be,  and  he  Governor  to 

•I  I        •  ii        •        1  1  i     ]  J.    *"•  1  •  1  issue  pioclama- 

nereby  is  authorized  and  requested  to  issue  his  proclama-  uon. 
tion  forthwith  after  the  examination  of  the  votes  returned  . 
as  aforesaid,  recitiog  said  article  of  amendment,  and 
announcing  that  said  article  has  been  duly  adopted  and 
ratified  by  the  people  of  the  Commonwealth,  and  thus 
becomes  a  part  of  the  constitution  thereof,  and  requiring 
all  magistrates  and  oiBcers,  and  all  citizens  of  the  Com- 
monwealth to  take  notice  thereof  and  govern  themselves 
accordingly  ;  or  that  said  article  of  amendment  has  been 
rejected,  as  the  case  may  be. 

Resolved,  That  a  printed  copy  of  these  resolves,  includ-  fo°ive8't;ob^e8ent 
ing  the  said  article  of  amendment,  shall  be  transmitted  as  to  cities  and 

111  c      ^         /-^  11  towns. 

soon  as  may  be  by  the  secretary  or  the  Commonwealth  to 
the  mayors  and  aldermen  of  the  several  cities  and  the 
selectmen  of  the  several  towns  of  the  Commonwealth. 

Approved  April  17,  1891. 

Resolve  directing  the  board  of  railroad  commissioners  to  n]iQfY)^  59 

COLLECT  CERTAIN  STATISTICS  AND  INQUIRE  INTO  THE  SUBJECT  OF 
PENSIONING  RAILROAD  EMPLOYEES  INJURED  IN  THE  DISCHARGE 
OF  THEIR   DUTY. 

Resolved,  That  the  board  of  railroad  commissioners  are  commissioners 
hereby  directed  to  collect  and  present  to  the  legislature  in  Bta't?stfcs' and**" 
their  next  annual  report,  complete  information    covering  jugp'onslonin™" 
as  many  years  as  possible  as  to  the  followino-  matters  : —  railroad  em- 

mi  1  i'  1  r.  I  -1  !•  •       Ployees  injured 

ihe  number  ot  employees  ot  each  railway  corporation  in  in  disciiarge of 
this  Commonwealth  who  have  been  injured  while  in  dis-  '^"^^' 
charge  of  duty  ;  the  nature  of  the  injury  ;  its  cause  ;  the 
duration  of  non-employment  due  to  it ;  the  extent  to 
which  it  finally  incapacitated  the  employee  from  further 
service  ;  the  number  continued  in  the  employ  of  the  cor- 
poration after  injury,  with  a  statement  as  to  whether  or 
not  a  change  in  the  nature  of  the  employment  was  made 
necessary  by  the  injury,  with  the  effect  if  an}'^  upon  the 
wages  of  the  employee  ;  the  amount  i)aid  by  the  corpora- 
tion, after  litigation  or  otherwise,  as  compensation  for 
damages  received  by  employees  injured  as  aforesaid,  and 
the  number  injured  without  receiving  such  compensation. 

Approved  April  17,  1891. 

Resolve  PROVIDING  FOR  A  FURTHER  DISTRIBUTION   OF   THE   SUPPLE-    H'hriY)     60 
MENT   TO   THE    PUBLIC    STATUTES. 

Resolved,  That  in  order  to  provide  for  a  distribution  of  Distribution  of 

,1  1  iT-kii-r^  -ii-.i         tlie  supplement 

the  supplement  to  the  r'ublic  btatutes  substantially  similar  totiiePubiic 

'^  '■  ''  statutes. 


1078  1891.  — Chapter  60. 

Se  Bujpilmem  to  tliG  distnbutioD  of  the  Public  Statutes,  the  secretary  of 
staufte^"'''''^      the  Commonwealth,  in  addition  to  the  distribution  pro- 
vided for  in  section  four  of  chapter  three  hundred  and 
eighty-three  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight,  cause  the  copies  of  said  supplement  now  in 
the  office  of  the  secretary,  to  be  distributed  as  follows  :  — 
To  the  state  library,  twenty  copies  ;  to  the  library  of  con- 
gress, three  copies  ;  to  the  secretary  of  state  of  the  United 
States,  four  copies  ;  to  the  following  officers,  boards  and 
persons,  one  copy  each  ;  each  reporter  in  regular  attend- 
ance upon  the  present  session,  each  ex-governor  of  the 
Commonwealth,  each  trial  justice,  each  county  treasurer, 
each  sheriff  and  keeper  of  jails,  each  master  of  a  house  of 
correction,  each  city  and  town  of  the  Commonwealth,  for 
the  use  of  the  city  or  town,  the  warden  of  the  state  prison, 
the  superintendent  of  each  of  the  state  institutions,  the  law 
and  general  library  of  Harvard  University,  the  library  of 
Williams  College,  Amherst  College,  Tufts  College,  Boston 
University,  Institute  of  Technology,  the  College  of  the 
Holy  Cross,  at  Worcester,  the  Agricultural  College,  at 
Amherst,  Wellesley  College,  Smith  College,  Boston  Col- 
lege, Boston  Dental  College,  the  Worcester  County  Free 
Institute,  the  state  normal  schools,  to  such  high  schools  in 
the  Commonwealth  as  may  apply  to  the  secretary  of  the 
Commonwealth  for  the  same,  the  Mount  Holyoke  Female 
Seminary,  the  Bradford  Academy,  to  each  incorporated 
academy,  and  to  one  common  school  in  each  town  having 
no  high  school,  such  school  to  be  designated  by  the  school 
committee  of  said  town,  the  American  Academy  of  Arts 
and  Sciences,  the  Massachusetts  Historical  Society,  the 
Historic  Genealogical  Society,  the  Museum  of  Compara- 
tive Zoology,  the  Old  Colony  Historical  Society,  the  Bos- 
ton Athena3um,  the  American   Antiquarian  Society,  and 
the  Society  of  Antiquity,  at  Worcester,  the  Essex  Insti- 
tute,   at    Salem,    Williston    Seminary,    Pilgrim    Society, 
Plymouth,  each  judge  of  the  United  States  supreme  court, 
the  judges  of  the  United  States  circuit  and  district  courts 
in  Massachusetts,  the  clerks  of  the  United  States  courts  in 
the  district  of  Massachusetts,  and  each  state  and  territorial 
library.     And  the  remaining  copies  shall  be  retained  in 
the  office  of  the  secretary  of  the  Commonwealth  for  such 
additional    distribution    as    may    from    time    to    time    be 
required.  Approved  April  17 ^  1891. 


1891.  — Chapters  61,  62,  63.  1079 


Resolve  in  favor  of  isaac  d.  pease.  ChCLV.  61 

Resolved,  That  Isaac  D.  Pease  of  Edgartown,  who  Isaac d. Pease. 
served  as  an  acting  ensign  in  the  United  States  navy  dur- 
ing the  war  of  the  rebellion  from  the  nineteenth  day  of 
July  in  the  year  eighteen  hundred  and  sixty-four  to  the 
twentieth  day  of  May  in  the  year  eighteen  hundred  and 
sixty-five,  shall,  from  and  after  the  passage  of  this  resolve, 
be  eligible  to  receive  state  aid  under  the  provisions,  rules 
and  limitations  of  chapter  three  hundred  and  one  of  the 
acts  of  the  year  eighteen  hundred  and  eighty  nine,  in  the 
same  manner  and  to  the  same  extent  that  he  would  have 
been  entitled  had  he  served  to  the  credit  of  this  Common- 
wealth. Approved  April  17,  1891. 

Resolve  providing  for    the  erection    of   memorial  tablets  (7^ax).  62 

ON  THE  BATTLEFIELD  OF  GETTYSBURG. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Memorial 
treasury  of  the  Commonwealth  to  the  Gettysburg  Battle-  bauLfieid  ot 
field    Memorial    Association,   the    sum    of    four    hundred  ^^"y^burg. 
dollars,  to  be  expended  under  the  direction  of  said  associ- 
ation for  the  following  purposes  :  for  the  erection  of  the 
large  tablet,  to  be  erected  by  several  of  the  states,  on  the 
battlefield  of  Gettysburg,  the  sum  of  one  hundred  dollars  ; 
for  the  erection  of  three  bronze  tablets  on  said  battlefield 
in  commemoration  of  the  services  of  the  fifteenth,  nine- 
teenth and  twentieth  regiments  of  Massachusetts  volun- 
teers, the  sum  of  three  hundred  dollars ;  the  sum  of  one 
hundred  dollars  to  be  expended  in  the  erection  of  each  of 
said  bronze  tablets.  Approved  April  17,  1891. 

Resolve  providing    for   furnishing   the  new   cottage    and  Ql^n^j    (33 

FOR    ADDITIONAL    HOSPITAL     ACCOMMODATIONS     AT     THE     LYMAN  "' 

SCHOOL   FOR    BOYS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Lyman  school 
treasury  of  the  Commonwealth  a  sum  not  exceeding  four  ""^  °^^" 
thousand  dollars,  to  be  expended  at  the  Lyman  school 
for  boys  at  Westborough  under  the  direction  of  the 
trustees  and  superintendent  of  said  institution,  for  the 
following  purposes,  to  wit :  for  furnishing  and  lighting 
the  new  cottage,  a  sum  not  exceeding  twenty-five  hun- 
dred dollars,  and  for  heating  the  same,  a  sum  not  exceed- 
ing five  hundred  dollars ;  and  for  providing  additional 
hospital  accommodations,  a  sum  not  exceeding  one  thou- 
sand dollars.  Approved  April  23,  1891. 


1080 


1891.  — Chapteks  64,  65,  66. 


Massachusetts 
charitable  eye 
and  ear 
infirmary. 


Chap.     64  I^ESOLVE   IN   FAVOR   OF   THE   MASSACHUSETTS    CHARITABLE   EYE   AND 

EAR   INFIRMARY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding 
thirty-five  thousand  dollars,  to  be  expended  at  the  Massa- 
chusetts charitable  eye  and  ear  infirmary  under  the  direc- 
tion of  the  managers  thereof,  for  the  following  purposes, 
to  wit :  the  sura  of  fifteen  thousand  dollars  for  the  chari- 
table purposes  of  said  infirmary  for  the  present  year,  and 
a  sum  not  exceeding  twenty  thousand  dollars  for  the  pur- 
pose of  completing  the  new  aural  department  of  said 
institution.  Axyproved  April  23,  1891. 


Cha2o.  65 

James  H.  Sears. 


Resolve  in  favor  of  james  h.  sears. 

Resolved,  That  James  H.  Sears  of  Rochester,  Massachu- 
setts, who  served  in  the  United  States  navy  during  the 
war  of  the  rebellion,  and  who  at  date  of  enlistment  was 
a  citizen  and  resident  of  Massachusetts,  shall,  from  and 
after  the  passage  of  this  resolve,  be  eligible  to  receive 
state  or  military  aid  under  the  provisions,  rules  and  limi- 
tations of  chapters  three  hundred  and  one  and  two  hundred 
and  seventy-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eight^^-nine,  in  the  same  manner  and  to  the  same 
extent  that  he  would  have  been  entitled  had  he  served  to 
the  credit  of  this  Commonwealth. 

Approved  Ax)ril  23,  1891. 

(Jha/p.   66  Resolve  relating  to  the  president  and  trustees  of  bow- 

DOIN   college. 

Hm°ung.°mount        Wheveas,  The  legislature    of  the  state   of  INIaine  has 
of  property  to     enactcd  a  statute,  approved  the  sixteenth  day  of  February 

be  held  by  the       ,  •     i  i  i        i  i        •  •  i  /.   i 

President  and     m  the  year  eighteen  hundred  and  ninety-one,  in  the  lol- 

Trustees  of  .         .  ./  ' 

Bowdoin  lowing  terms,  namely  :  —  "  All  provisions  of  law  limiting 

rlpeXd.  the  amount  of  property  which  may  be  taken  and  held,  or 

the  amount  of  income  which  may  be  received,  by  the  Presi- 
dent and  Trustees  of  Bowdoin  College  are  repealed,  and 
that  corporation  may  take  and  hold  property  and  receive 
income,  for  the  purposes  for  which  it  was  incorporated,  to 
any  amount",  and, 

WJiereas,  The  President  and  Trustees  of  Bowdoin  Col- 
lege have  asked  the  agreement  of  the  legislature  of  Massa- 
chusetts to  the  said  statute,  according  to  the  ninth  para- 
graph of  the  articles  of  separation,  now  therefore,  in 
agreement  to  said  statute. 


1891.  — Chapters  67,  G8,  69,  70.  1081 

Resolved,  That  all  provisions  of  law  limiting  the  amount 
of  property  which  may  be  taken  and  held,  or  the  amount 
of  income  which  ma}^  be  received,  by  the  President  and 
Trustees  of  Bowdoin  College  are  repealed,  and  that  cor- 
poration may  take  and  hold  property  and  receive  income, 
for  the  purposes  for  which  it  was  incorporated,  to  any 
amount.  Ai^promd  April  23,  1891. 

Resolve  in  favor  of  the  garnet  hospital.  Cha'D    67 

Resolved,  That  there  be  allowed  and  paid  out  of  the  camey 
treasury  of  the  Commonwealth  to  the  managers  of  the  ^°'p"'''- 
Carney  hospital,  a  corporation  in  the  city  of  Boston, 
the  sum  of  ten  thousand  dollars,  to  be  expended  under 
the  direction  of  such  managers  in  furnishing  their  new 
building  and  carrying  out  its  work  as  a  hospital;  and  said 
managers  shall  make  report  to  the  state  board  of  lunacy 
and  charity.  Approved  April  23,  1891. 

Resolve  providing  for  certain  improvements  at  the  state  phrj^^    PA 

FARM   AT    BRIDGEWATER.  ^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  farm  at 
treasury  of  the  Commonwealth  a  sum  not  exceeding  forty  ^^^s'^^^t"''- 
thousand  dolhirs,  to  be  expended  at  the  state  farm  at  Bridge- 
water  under  the  direction  of  the  trustees  and  superintend- 
ent of  said  institution,  for  the  purpose  of  erecting  a  new 
building  and  for  the  construction  of  one  hundred  additional 
cells  to  the  workhouse  department :  provided,  however, 
that  no  more  than  twenty  thousand  dollars  shall  be  ex- 
pended during  the  present  year. 

Approved  April  23,  1891. 
Resolve  providixg  for  printing  the  third  annual  report  op  nhfjy.    fiQ 

THE   STATE   PENSION   AGENT.  '  ' 

Resolved,  That  there  be  printed  three  hundred  copies  Report  of  the 
of  the  third  annual  report  of  the  state  pension  agent,  to  aS.'ut!"""'"' 
be  placed  in  the  hands  of  said  agent  for  distribution. 

Approved  April  23,  1891. 

Resolve  providing  for  the  erection  of  monuments  in  con-  fjhart    70 

NECTION     WITH    THE    ESTABLISHMENT    OF     THE    BOUNDARY     LINE  ^ 

between   MASSACHUSETTS   AND   NEW   HAMPSHIRE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Boundary  une 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five  MasBachusetts 
thousand  dollars,  for  the   purpose  of  payinof  outstandino-  »'"i  Ne w 

'^         '  I     ./       o  j3    llampsnire. 


1082  1891.  —  Chapters  71,  72. 

bills,  erecting  new  monuments  and  otherwise  carrying  out 
the  recommendations  of  the  commissioners  appointed  under 
the  authority  of  chapter  seventy-three  of  the  resolves  of 
the  year  eighteen  hundred  and  eighty-live,  for  ascertain- 
ing and  establishing  the  true  jurisdictional  boundary  line 
between  this  Commonwealth  and  the  state  of  New  Hamp- 
shire, and  for  the  further  purpose  of  carrying  out  the  pro- 
visions of  an  agreement  entered  into  by  and  between  the 
commissioners  of  this  Commonwealth  and  of  the  state  of 
New  Hampshire,  recited  in  the  re})ort  of  the  Massachusetts 
commissioners  made  to  the  general  court  the  present  year. 
And  the  said  commissioners  of  this  Commonwealth  are 
authorized  to  erect  such  new  monuments  as  they  shall 
deem  necessary  for  marking  the  line  so  recommended  in 
accordance  with  their  said  report. 

Approved  April  23,  1891. 

CJia/D    71  Resolve  in  favor  of  alonzo  d.  fisher. 

AionzoD.  Resolved,  That  Alonzo  D.  Fisher  of  Edgartown,  who 

^^^^^-  served  as  an  ordinary  seaman  in  the  United  States  navy 

during  the  war  of  the  rebellion  from  the  thirteenth  day  of 
September  in  the  year  eighteen  hundred  and  sixty-two  to 
the  eleventh  da}'  of  May  in  the  year  eighteen  hundred  and 
sixty- four,  shall,  from  and  after  the  passage  of  this  resolve, 
be  eligible  to  receive  state  or  military  aid  under  the  pro- 
visions, rules  and  limitations  of  chapters  two  hundred  and 
seventy-nine  and  three  hundred  and  one  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-nine,  in  the  same  man- 
ner and  to  the  same  extent  he  would  have  been  entitled 
had  he  served  to  the  credit  of  this  Commonwealth. 

Approved  April  28,  1891. 

Chct7).  72  Resolve  providing  for  nails  or  spikes  for  designating  cer- 
tain  TREES   ON   HIGHWAYS   FOR  PRESERVATION. 

Trees  on  high-  Jiesolved,  Thixt  theve  be  allowed  and  paid  out  of  the 
for^preserva^  ti'easuiy  of  the  Commonwealth  a  sum  not  exceeding  one 
**°°"  hundred  dollars,  for  the  purpose  of  furnishing  nails  or 

spikes  as  provided  for  in  chapter  forty-nine  of  the  acts  of 
the  present  year,  entitled  "  an  act  relative  to  preserving 
ornamental  and  shade  trees  on  the  highways  ",  said  nails 
or  spikes  to  be  procured  and  furnished  by  the  secretary  of 
the  state  board  of  agriculture. 

Approved  April  30,  1891. 


1891.  — Chapters  73,  74,  75,  76.  1083 


Resolve  PROViDiNa  for  furnishing  the  new  armory  in  fitch-  (JJiaj).   73 

BURG. 

Besnlved,  That  there  be  allowed  and  paid  out  of  the  New  armory  at 
treasmy  of  the  Commonwealth  a  sum  not  exceeding  two 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  governor  and  council  for  the  purpose  of  furnishing, 
ready  for  occupancy,  the  new  armory  now  being  erected 
in  the  city  of  Fitchburg,  as  provided  for  in  section  eight  of 
chapter  three  hundred  and  eighty-four  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-eight. 

Approved  April  30,  1891. 

Resolve  in  favor  of  the  state  lunatic  hospital  at  north-  (JJiap,  74 

AMPTON. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  lunatic 

/^  11  T  it   •    i.       hospital  at 

•  treasury  of  the  Commonwealth  a  sum  not  exceeding  thirty  Northampton. 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  trustees  of  the  state  lunatic  hospital  at  Northampton, 
for  the  purpose  of  enlarging  the  hospital  and  for  other 
necessary  repairs.  Approved  May  1,  1891. 

Resolve  in  favor  of  william  j.  hume.  Chctp.   75 

Resolved,  That  William  J.  Hume  of  Boston,  who  under  ™^'"J- 
the  name  of  Thomas  Morris  served  during  the  war  of  the 
rebellion  in  company  B,  second  battalion,  eighteenth  regi- 
ment of  United  States  infantry  (subsequently  the  twent'^- 
seventh  regiment  United  States  infantry)  and  who  at 
date  of  enlistment  therein  Avas  a  citizen  of  Massachusetts, 
shall,  from  and  after  the  passage  of  this  resolve,  be  eligi- 
ble to  receive  state  or  military  aid  under  the  provisions, 
rules  and  limitations  of  chapters  three  hundred  and  one 
and  two  hundred  and  seventy-nine  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-nine,  in  the  same  manner 
and  to  the  same  extent  that  he  would  have  been  had  he 
served  to  the  credit  of  this  Commonwealth. 

Approved  May  4,  1891. 

Resolve  providing  for  the  erection  of  a  bronze  tablet  on  (JJidp,   76 

the  battlefield  at  GETTYSBURG. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Brouze  tablet 
treasury  of  the  Commonwealth  to  the  Gettysburg  Battle-  aeid  at 
tield  Memorial  Association,  a  corporation  existing  in  the  ^^"ysburg. 
state  of  Pennsylvania,  a  sum  not  exceeding  five  hundred 


1084  1891.  — Chapters  77,  78,  79. 

dollars,  for  the  purpose  of  erecting  a  bronze  tablet  at  a 
certain  copse  of  trees  on  the  battlefield  of  Gettysburg 
known  as  the  "high  water  mark  of  the  rebellion";  at 
which  copse  of  trees  Longstreet's  famous  assault  was 
directed  on  the  third  day  of  July  in  the  year  eighteen 
hundred  and  sixty-three,  which  was  met  and  repulsed  by 
union  troops,  in  which  repulse  three  Massachusetts  regi- 
ments participated.  Chapter  fifty-six  of  the  resolves  of 
the  year  eighteen  hundred  and  eighty-nine  is  hereby 
repealed.  Approved  May  4,  1891. 


Chap. 


State  Normal 
school  at 


77      Resolve  m  favor  of  the  state  normal  school  at  salem. 

Resolved,  That  there  be  allow^ed  and  paid  out  of  the 
Salem.  trcasury  of  the  Commonwealth  a  sum  not  exceeding  fif- 

teen hundred  dollars,  to  be  expended  under  the  direction 
of  the  state  board  of  education,  for  the  purpose  of  provid- 
ing additional  facilities  for  heatino;  and  ventilatins^  the 
state  normal  school  building  at  Salem. 

Apjproved  May  4,  1891. 

Ghaj).   78  Resolve  in  favor  of  addison  d.  Harrington. 

Addison  D.  •  Resolved,  That  Addison  D.  Harrington  of  Paxton, 
Massachusetts,  who  served  in  the  sixty-ninth  regiment, 
Indiana  infantry,  and  who  at  date  of  enlistment  was  a 
citizen  of  this  Commonw^ealth,  shall,  from  and  after  the 
passage  of  this  resolve,  be  eligible  to  receive  state  or 
military  aid  under  the  provisions,  rules  and  limitations  of 
chapters  three  hundred  and  one  and  two  hundred  and 
seventy-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine,  to  the  same  extent  that  he  would  have  been 
had  he  served  to  the  credit  of  Massachusetts. 

Approved  May  4,  1891. 

CJlCUp.  79  Resolve  authorizing  the  change  of  the  name  on  the  pedestal 

OF  the  bust  in   DORIC   HALL   MARKED   SAMUEL   ADAMS   TO  WASH- 
INGTON. 

NameofWash-      Resolved,   That   the   report    made   by  the    commission 

ington  to  be  •  i     i  i  r      \         f^  11  •« 

substituted  for    appointed  by  the  governor  or  the  Commonwealth  under 

**  Samuel  ,  .    .  ^ 

Adams  "on       the  provisious  of  chaptcr  twenty-four  of  the   resolves  of 

hou*se° ^^''''^       the  year  eighteen  hundred  and  ninet}',  to  inquire  into  the 

authenticity  of  the  bust  in  Doric  Hall  marked  "  Samuel 

Adams  ",  recommending  that  the  name  of  Samuel  Adams 

be  removed  from  the  pedestal  and  that  the  name  of  Wash- 


1891.  — Chapters  80,  81,  82,  83.  1085 

ington  be  inscribed  in  its  place,  be  adopted,  and  that  the 
sergeunt-at-arms  be  authorized  to  make  the  changes  as 
recommended.  Approved  May  4,  1891. 

Resolve  authorizing  the  tabulation  of  special  statistics  for  (JJidj)^  gQ 

THE  UNITED  STATES  CENSUS  IN  THE  ROOMS  OF  THE  BUREAU  OF  STA- 
TISTICS  OF   LABOR. 

Resolved,  That  special  statistics  for  the  United  States  special sta- 
census  may  be   tabulated  in  the  rooms   of  the  bureau  of  uuited  states 
statistics  of  labor,  without  expense  to  the  Commonwealth,  tabuiated^in 
and  tabulating  clerks  temporarily  suspended  from  the  rolls  orsuui'sticsoT'^ 
of  the  bureau  may  be  employed  on  such  work,  and  in  con-  'a'^o'- 
nection  therewith  the  first  clerk  of  the  bureau  may  act  as 
a   special  agent  of  said  census  :  jrrovided,  that  the  pro- 
visions of  this  resolve  shall  in  no  way  interfere  with  the 
regular  work  of  the  bureau.  Approved  May  4,  1891. 

Resolve   to   provide   for  the   erection  of  a  statue  of  the  (JJidij,  81 

LATE   CHARLES   DEVENS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for  a 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifteen  the  late  Charies 
thousand  dollars,  to  be  expended  under  the  direction  of  ^''""'^^■ 
the  art  commission  of  the  city  of  Boston,  for  the  purpose 
of  erecting    in   said  city  a  statue   in  bronze   of  the  late 
Charles  Devens  ;  such  statue  to  be  placed  in  front  of  the 
new  court  house  in  said  city,  or  on  such  other  site  in  said 
city  as  the  said  commission  shall  deem  appropriate. 

Approved  May  4,  1891. 

Resolve  providing  for  the  better  enforcement  of  the  law  (JJidj),   82 

REGULATING   THE   PRACTICE   OF   PHARMACY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Practice  of 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five  regui^t^e'd! 
hundred  dollars,  to  be  expended  by  the  state  board  of 
registration  in  pharmacy  in  making  such  investigations 
as  they  may  deem  proper  for  the  better  enforcement  of 
the  law  in  regard  to  the  registration  of  those  engaged  in 
retailing  drugs  and  medicines  and  putting  up  physicians 
prescriptions,  as  defined  in  chapter  three  hundred  and 
thirteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five.  Approved  May  4,  1891. 

Resolve  in  favor  of  simon  e.  young.  Clmrt    83 

Resolved,  That  there  be  allowed  and  paid  out  of  the  simonE. 
treasury  of  the  Commonwealth  to  Simon  E.    Young  of  ^'°""s- 


1086  1891.  — Chapters  84,  85,  86. 

Methuen,  Massachusetts,  the  sum  of  two  hundred  dollars, 
in  full  compensation  for  a  horse  injured  so  that  he  died 
sometime  in  July  in  the  year  eighteen  hundred  and 
ninety,  said  horse  being  used  b}^  battery  C,  first  battalion 
of  light  artillery,  Massachusetts  volunteer  militia,  at  the 
annual  encampment  of  that  year.    Approved  May  4,  1891. 

Chap.  84  Resolve  in  favor  of  lemuel  burr. 

Allowance  to  Resolved.  That  there  be  allowed  and  paid  out  of  the 

L/emuel  Burr  /.ly^  t  it->  c   r^ 

for  care  of         trcasury  of  the  Couimonwealth  to  Lemuel  Burr  oi  Cam- 
trrbeo^fPoD-      bridge  the  sum  of  one  hundred  and  fifty  dollars,  in  con- 
kapoag  Indians,  gidcratlon  of  his  care  of  and  attention  to  his  late  mother 
and  aunt,  who  were  members  of  the  Ponkapoag  tribe  of 
Indians  and  were  formerly  beneficiaries  of  this  Common- 
wealth. Apjjroved  May  7,  1891. 

(JJldj).  85  Resolve  providing  for  certain  repairs  and  improvements  at 

THE   STATE   PRIMARY   SCHOOL   AT   MONSON. 

fchooi^al"''''^         Resolved,  That  there  be  allowed  and  paid  out  of  the 
Monson.  trcasuiy    of    the    Commonwealth    a    sum    not    exceeding 

twenty-six  hundred  dollars,  to  be  expended  at  the  state 
primary  school  at  Monson  under  the  direction  of  the  trus- 
tees and  superintendent  thereof,  for  the  purpose  of  com- 
pleting the  coal  shed,  for  increasing  and  purifying  the 
water  supply,  and  for  plumbing  and  drainage  at  said  insti- 
tution. App)roved  May  7,  1891. 

CJJlCip.  SQ  Resolve    providing   for    the  payment    of    supervisors  who 

SERVED   AT   THE   STATE   ELECTION   IN   THE   CITY  OF   BOSTON  IN  THE 
TEAR   EIGHTEEN   HUNDRED    AND    EIGHTY-NINE. 

Payment  of  Resolved,  That  there  be  allowed  and  paid  out  of  the 

supervisors  of  '  i 

elections  in  trcasury  of  the  Commonwealth  the  sum  of  five  dollars,  for 
one  day's  service,  to  each  of  the  state  supervisors  Av^ho 
were  qualified  and  served  at  the  annual  state  election  in 
the  city  of  Boston  in  the  month  of  November  in  the  year 
eighteen  hundred  and  eighty-nine,  which  shall  be  in  full 
compensation  for  their  services  ;  and  upon  application  to 
the  auditor  of  the  Commonwealth  by  said  supervisors, 
upon  satisfactory  proof  that  they  are  the  parties  who  per- 
formed the  duties  as  aforesaid,  he  shall  certify  the  amount 
due  each  person  to  the  governor  and  council  in  the  same 
manner  as  other  claims  against  the  Commonwealth. 

Approved  May  7,  1891. 


1891.  — ChapteI^s  87,  88,  89.  1087 


Resolve  to  provide  additional  facilities  and  improvements  (JJiay).  87 

AT   the   state   normal   SCHOOL  IN   BRIDGEWATER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  normal 
treasury  of  the  Commonwealth  a  sum  not  exceeding  Bridgewater. 
fifteen  thousand  and  thirty  dollars,  to  be  expended  at  the 
state  normal  school  in  Bridgewater  under  the  direction  of 
the  state  board  of  education,  for  the  following  purposes, 
to  wit:  the  alteration,  finishing  and  furnishing  of  the 
building  now  used  as  a  laboratory,  for  the  purpose  of 
providing  additional  students  rooms  :  providing  for  the 
lighting  of  the  boarding  hall  by  electricity ;  supplying 
additional  facilities  for  the  generation  of  gas  for  labora- 
tory and  other  necessary  purposes ;  for  preparing  and 
printing  a  report  of  the  semi-centennial  celebration  of 
the  foundation  of  the  school,  and  a  general  catalogue  of 
the  school  for  fifty  years  ;  to  provide  for  the  necessary 
expenses  attending  the  removal  of  the  school  to  the  new 
building,  and  the  formal  dedication  of  the  building  to  its 
use  ;  for  grading  and  laying  out  the  school  grounds  and 
providing  suitable  curbstones  and  concrete  walks.  The 
state  board  of  education  may  remove  or  sell  the  old 
school  building,  the  proceeds  of  such  sale  to  be  paid  into 
the  treasury  of  the  Commonwealth. 

Apxjroved  3Iay  7,  1891. 

Resolve  in  favor  of  the  woman's  charity  club  hospital.      (JJiav.   88 
Resolved.  That   the    sum    of  ten  thousand    dollars    be  woman-s 
allowed  and  paid  out  of  the  treasury  of  the    Common-  Hospuai^'"'' 
wealth  to  the  Woman's  Charity  Club  of  Boston,  the  said 
sum  to  be  expended  for  the  payment  of  the  indebtedness 
on  the  hospital  building  under  the  direction  of  the  man- 
agers thereof;  and  said  managers  shall  make  report  to  the 
state  board  of  lunacy  and  charity. 

Approved  May  13,  1891. 

Resolve  to  provide  for  certain  changes  in  the  normal  art  (JJidj),  89 
school  building. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Normal  art 
treasury    of    the    Commonwealth    a    sum  not    exceeding  *''*'°°'  buiidmg. 
twelve  thousand  dollars,  to  be  expended  under  the  direc- 
tion of  the  state  board  of  education,  for  the  purpose  of 
finishing   the    upper    story    of    and    making    such    other 
changes  in  the    normal    art    school    building    as    may  be 


1088 


1891.  —  Chapters  90,  91,  92. 


Chap. 


Protection  of 
town  of  West 
Springfield 
from  encroach- 
ments of  Con- 
necticut river. 


Chap. 


required  to  provide  the  additional  studio  accommodations 
necessary  for  the  use  of  the  students. 

Approved  May  13,  1891. 

90  Resolve  fok  the  protection  of  the  town  of  west  spring- 
field  AGAINST  THE  FURTHER  ENCROACHMENTS  OF  THE  CONNECTI- 
CUT RIVER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth,  to  be  expended  under  the 
direction  of  the  board  of  harbor  and  land  commissioners 
in  pursuance  of  the  provisions  of  chapter  three  hundred 
and  forty-four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five,  a  sum  not  exceeding  five  thousand  dollars, 
for  such  surveys  and  examinations  and  for  such  protective 
works  as  may  be  found  necessary  and  practicable  to  pre- 
vent the  further  inroads  of  the  Connecticut  river  upon  the 
easterly  side  of  the  town  of  West  Springfield  and  the 
destruction  of  property  in  said  town. 

Approved  May  13,  1891. 

91  Resolve  to  provide  for  certain  repairs  at  the  Massachu- 
setts REFORMATORY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth,  to  be  expended  at  the 
Massachusetts  reformatory  under  the  direction  of  the  com- 
missioners of  prisons,  the  following  sums  :  for  the  pur- 
chase and  repair  of  library  books,  not  exceeding  five 
hundred  dollars  ;  for  painting  and  papering  the  houses 
occupied  by  subordinate  officers,  not  exceeding  one  thou- 
sand dollars  ;  for  painting  the  chapel,  not  exceeding  eight 
hundred  dollars  ;  for  plumbing  in  the  cells,  not  exceeding 
eight  thousand  dollars  ;  for  repairing  the  brick  wall  around 
the  prison  yard,  not  exceeding  three  thousand  dollars. 

Approved  May  13,  1891. 

Chan.  92  Resolve  relating  to  the  dedication  of  the  bennington  battle 

monument. 
Dedication  of  Resolved,  That  in  order  to  accept  the  invitation  of  the 

Benmnttton  ■•        .    ■,  n  tr  -i  ...  „, 

battle  moDu-  legislature  of  Vermont  requesting  the  participation  of  the 
Commonwealth  in  the  approaching  dedication  of  the  Ben- 
nington battle  monument  at  Bennington,  Vermont,  in 
August  of  the  present  year,  and  the  celebration  of  the  one 
hundredth  anniversary  of  the  admission  of  Vermont  as  a 
state,  there  be  allowed  and  paid  out  of  the  treasury  of  the 


Repairs  at 

Massachusetts 

reformatory. 


1891.  — Chapters  93,  94.  1089 

Commonwealth  a  sum  not  exceeding  twenty-seven  hundred 
dollars,  to  be  expended  under  the  direction  of  the  governor 
and  council,  to  enable  the  Commonwealth  to  be  properly 
represented  through  the  following  officials  of  the  state 
government ;  the  governor  and  not  more  than  ten  mem- 
bers of  his  staff,  the  lieutenant-governor,  the  members  of 
the  council,  the  secretary  of  the  Commonwealth,  attorney- 
general,  treasurer  and  receiver-general,  auditor,  president 
and  clerk  of  the  senate,  speaker  and  clerk  of  the  house  of 
representatives,  the  joint  committee  on  federal  relations,  a 
special  committee  to  consist  of  five  members  of  the  senate 
and  foui'teen  members  of  the  house  of  representatives,  to 
be  appointed  by  the  presiding  officers  of  the  two  branches, 
the  brigade  and  battalion  commanders  of  the  Massachu- 
setts volunteer  militia,  sergeant-at-arms,  and  a  reporter 
from  each  Boston  daily  paper.      Approved  May  13,  1891. 


Resolve  providing  for  building  a  dokmitory  at  the  state 
normal  school  at  worcester. 


Chap.  93 


Resolved,  That  there  be  allowed  and  paid  out  of  the  state  normal 
treasury  of  the  Commonwealth  a  sum  not  exceeding  Worcester. 
fifteen  thousand  dollars,  to  be  expended  at  the  state  nor- 
mal school  at  Worcester  under  the  direction  of  the  state 
board  of  education,  for  the  purpose  of  erecting  a  building 
to  be  used  as  a  dormitory,  to  accommodate  not  less  than 
twenty  pupils  and  teachers,  with  provision  for  the  resi- 
dence of  the  princii)al  of  said  school ;  said  board  shall  fix 
and'require  veasonal^le  rent  to  be  paid  for  the  residence 
and  dormitories.  Such  sums  of  money  as  may  be 
received  for  rent  shall  be  paid  into  the  treasury  of  the 
Commonwealth.  Approved  May  16,  1891. 

Resolve  releasing  the   interest  of    the  commonwealth  in  nTtajy    94 

CERTAIN   LANDS   IN  WINCF.ESTER. 

Resolved,  That  the  undivided  fractional  interest  of  the  interest  of  com- 
Commonwealth,    acquired    by  escheat    from    Abbie    Ann  "enaTnlands^n 
Fiske,  sometimes    called    Abbie    Ann  Bailey,  in    all  the  ^e^oTaedlo' 
lands  in  the  town  of  Winchester  described  in  a  certain  Elizabeth  c. 

Locke  anu  heirs. 

deed  from  Oliver  J.  Locke  and  Daniel  W.  Locke  to  Eliz- 
abeth C.  Locke  of  said  Winchester,  dated  the  eleventh 
day  of  March  in  the  year  eighteen  hundred  and  eighty- 
one  and  recorded  in  the  Middlesex  south  district  registry 
of  deeds  in  book  fifteen  hundred  and  sixty-two,  at  page 
one    hundred    twenty-six,    be    and    the    same    hereby    is 


1090  1891.  — Chapters  95,  96,  97. 

released  to  said  Elizabeth  C.    Locke  and  her  heirs  and 
Interest  of         assicrns.     Also,  that  such  interest  of  the  Commonwealth 

Commonwealth    .  y  />  i         i    •  •  i   -itt-       i  i      i  i  j. 

in  certain  iand8  in  about  two  acrcs  01  land  in  said  Winchester  held,  except 
released to^  ^"^  Said  interest  of  the  Commonwealth,  and  for  many  years 
lye^'ln'irhlirs.  occupicd  by  Tryphcna  R.  Ayer  of  said  Winchester, 
bounded  easterly  by  Cambridge  street,  southerly  by 
land  of  Boynton,  and  westerly  and  northerly  by  land  of 
Emerson,  be  and  the  same  hereby  is  released  to  said 
Tryphena  R.  Ayer  and  her  heirs  and  assigns.  This 
resolve  shall  take  effect  upon  the  payment  to  the  treasurer 
of  the  Commonwealth  of  the  sum  of  one  dollar  as  con- 
sideration for  such  releases.  Ai^proved  3fay  16,  1891. 

Chap.  95  Resolve  providing  for  the  gratuitous  distribution  of  the 

ATLAS  MAP  OF  MASSACHUSETTS  TO  CERTAIN  DEPARTMENTS  AND 
PERSONS. 

the  at?a''s"map°of  Resolved,  That  the  commissioners  on  the  topographical 
Massachusetts,  sui'vcy  and  map  of  Massachusetts  be  and  they  are  hereby 
authorized  to  distribute  gratuitously,  in  their  discretion, 
one  hundred  copies  of  the  atlas  map  of  Massachusetts,  in 
its  portfolio  form,  to  the  departments  of  the  state  gov- 
ernment and  to  individuals  who  have  rendered  gratui- 
tously valuable  services  in  the  prosecution  of  the  survey ; 
and  that  fifteen  copies  be  placed  in  the  state  library  for 
the  purposes  of  exchange.  One  copy  shall  be  sent  by 
the  commissioners  to  every  public  and  historical  library 
in  the  state  ;  and  each  member  of  the  general  court  for 
the  year  eighteen  hundred  and  ninety-one  shall  be  fur- 
nished with  a  copy  at  its  actual  cost. 

Approved  May  16,  1891. 

Chap.  96  Resolve  providing  for  the  printing  of  five  hundred  extra 

COPIES   OF   the   second   REPORT   OF   THE    COMMISSIONER   ON    PUB- 
LIC  RECORDS   OF   PARISHES,   TOWNS   AND   COUNTIES. 

Extra  copies  of       Besolved,  That  five  hundred  extra  copies  of  the  second 

report  to  be  /.     ,  •      •  i  i  •  i         r-  •   i, 

printed.  rcpoi't  of  the  commissioiier  on  public  records  ot  parishes, 

towns  and  counties  be  printed,  to  be  distributed  under  the 
direction  of  said  commissioner.    Approved  May  21,  1891. 

Chap.  97  Resolve  in  favor  of  mart  c.  ostrander. 

Mary  c.  Resolved,  That  Mary  C.  Ostrander  of  Boston,  Massachu- 

Ostrander.  •  t  ^^     a     i      i  ft     y^  i  i  i    •      xi 

setts,  Widow  or  Achelus  H.  Ostrander  who  served  m  the 
United  States  navy  during  the  war  of  the  rebellion  as  an 
acting  ensign,  and  who  at  date  of  appointment  was  a  resi- 
dent and  citizen  of  this  Commonwealth,  shall,  from  and 


1891.  — Chapters  98,  99.  1091 

after  the  passage  of  this  resolve,  be  eligible  to  receive 
state  or  military  aid  under  the  provisions,  rules  and  limi- 
tations of  chapters  three  hundred  and  one  and  two  hundred 
and  seventy-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine,  in  the  same  manner  and  to  the  same 
extent  that  she  would  have  been  had  her  late  husband 
served  to  the  credit  of  this  Commonwealth. 

Approved  May  21,  1891. 


Chap.  98 


Resolve   relative    to    the    participation    of    the    common- 
wealth IN  the  world's    COLUMBIAN   EXPOSITION. 

Resolved,  That    for   the    purpose    of    exhibiting    the  Board  of 
resources,    products,    and    general     development    of  the  MamlglTis^of'^ 
Commonwealth,  at  the  world's  Columbian  exposition    of  ^^^^Tworid"* 
the  year  eighteen  hundred  and  ninety-three,  a  Board  of  coiumbiaa 
World's  Fair  Managers  of  Massachusetts,  consisting  of  five 
residents  of  the  Commonwealth,  of  whom  three  shall  be 
men  and  two  women,  shall  be  appointed  l)y  the  governor 
by  and  with  the  consent  of  the  council.     The  said  board 
shall  have  charge  of  the  interests  of  the  Commonwealth 
and  its  citizens  in  the  preparation  and  exhibition,  at  the 
world's  Columbian  exposition  of  the  year  eighteen  hun- 
dred and  ninety-three,  of  the  natural  and  industrial  prod- 
ucts of  the    Commonwealth,  and    of  objects    illustrating 
its   history,  progress,  moral    and    material    welfare,   and 
future  development,  and  in  all  other  matters  relating  to 
the  said  world's  Columbian  exposition  ;  it  shall  communi- 
cate with  the  officers  of  and  obtain  and  disseminate  throui^h 
the  Commonwealth  all    necessary  information    regarding 
said  exposition,  and  in    general    have    and   exercise    full 
authority  in  relation  to  the  participation  of  the  Common- 
wealth and  its  citizens  in  the  world's  Columbian  exposition 
of  the  year  eighteen  hundred  and  ninety-three.     To  carry  May  expend 
out  the  provisions  of  this  resolve  a   sum  not    exceeding  *"''*^°"- 
seventy-five  thousand  dollars  may  be  expended  under  the 
direction  of  the  governor  and  council  :  provided,  that  of  Proviso. 
such  sum  not   less    than    ten    thousand    dollars    shall    be 
devoted  to  the  educational  exhiljit  of  the  Commonwealth. 

Approved  May  28,  1891. 

Resolve  to  provide  for  certain  expenses  of  the  massachu-  nhri-ft    QQ 

SETTS  HOSI'ITAL  FOR  DIPSOMANIACS  AND  INEBRIATES. 

Resolved,  That  there  be  allowed   and   paid  out  of  the  Massachueetts 
treasury  of  the  Commonwealth  a  sum  not  exceeding  three  driZlnlini'acs 

and  inebriates. 


1092  1891.  — Chapters  100,  101. 

thousand  five  hundred  dollars,  to  be  expended  under  the 
direction  of  the  trustees  of  the  Massachusetts  hospital  for 
dipsomaniacs  and  inebriates,  for  the  paj^ment  of  the  salary 
and  travelling  expenses  of  the  superintendent  of  said 
hospital,  and  the  expenses  incurred  by  said  trustees  for 
the  current  year,  in  carrying  out  the  provisions  of  chapter 
four  hundred  and  fourteen  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine.  Approved  May  29,  1891. 

Chap.^00  Resolve  to  provide  for  compiling,  indexing  and  publishing 

THE   RECORDS   OF   THE   MASSACHUSETTS   TROOPS   "WHO   SERVED    IN 
THE  REVOLUTIONARY  AVAR. 

Record  of  Hesolved,  That  the  secretary  of  the  Commonwealth  is 

MaBsachusettb  i         •        i  it  i 

troops  in  the  hereby  authorized  and  directed  to  prepare,  at  an  expense 
wI°to  b°e"com.  not  cxcceding  ten  thousand  dollars,  an  indexed  compila- 
eti^fby°«!e^'''^'  tion  of  the  records  of  the  Massachusetts  soldiers  and 
commonwiauh.  sailoi's  who  sci'vcd  iu  the  army  or  navy  during  the  revolu- 
tionary war,  as  shown  in  the  archives  in  the  office  of  the 
secretary.  There  shall  be  published  in  book  form,  under 
the  direction  of  the  secretary  of  the  Commonwealth,  at  an 
expense  not  exceeding  five  thousand  five  hundred  dollars, 
one  thousand  copies  of  said  compilation,  to  be  distributed 
as  follows  :  to  each  member  and  officer  of  the  o-eneral 
court  of  the  3'ear  eighteen  hundred  and  ninetj^-one,  one 
copy ;  to  the  governor,  lieutenant-governor  and  each 
member  of  the  executive  council  of  the  year  eighteen 
hundred  and  ninety-one,  one  copy  ;  to  each  free  public 
library,  one  copy  :  to  each  city  and  town  in  which  there 
is  no  free  public  library,  one  copy  ;  to  each  duly  incorpo- 
rated historical  or  antiquarian  society,  one  copy  ;  to  the 
state  library,  twenty  copies;  to  the  adjutant-general,  ten 
copies ;  to  each  state  and  territory  of  the  United  States, 
one  copy.  The  remaining  copies  shall  be  held  by  the 
secretary  of  the  Commonwealth  subject  to  future  calls,  and 
copies  may  be  sold  by  the  secretary  at  a  price  not  less 
than  the  cost  thereof.  Approved  May  29,  1891. 

QJianAOl  I^ESOLVE  providing  AGAINST  DEPREDATIONS   BY  THE  INSECT  KNOWN 
AS  THE  OCNERIA  DISPAR  OR  GYPSY  MOTH. 

^r'gypsVmoth.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifty 
thousand  dollars,  which  sum  may  be  expended  under  the 
direction  of  the  state  board  of  agriculture  in  continuing 
the  work  of  exterminating  the  insect  known  as  the  ocneria 


1891.  —  Chapter  102.  1093 

dispar  or  gypsy  moth,  as  provided  for  in  chapter  two 
hundred  and  ten  of  the  acts  of  the  present  year.  The 
above  sum  shall  be  in  addition  to  any  sum  of  money  here- 
tofore authorized.  Approved  June  5,  1891. 


Cliap.\02 


Resolves  providing  for  submitting  to  the  people  the  article 
of  amendment  fixing  the  number  of  members  necessary  to 

constitute  a  quorum   in   EACH  BRANCH  OF   THE  GENERAL  COURT. 

Resolved,  That  the  following  article  of  amendment  to  Amendment  to 
the  constitution,  having  been  agreed  to  by  the  last  and  rehit'ive''toa"°° 
present   general   courts,    and    published    in    the    manner  t ran,a?tiMi  of '^ 
required  by  the  constitution,  be  submitted  to  the  people  |'^"*u°^^of"hr'^ 
for  their  ratification  and  adoption  :  —  general  court 

to  be  voted 
upon  by  the 
ARTICLE   OF  AMENDMENT   TO  THE   CONSTITUTION  FIXING  THE  NUMBER  people. 

OF  MEMBERS  NECESSARY  TO  CONSTITUTE  A  QUORUM  IN  EACH  BRANCH 

OF  THE   GENERAL   COURT. 

A  majority  of  the  members  of  each  branch  of  the  general 
court  shall  constitute  a  quorum  for  the  transaction  of 
business,  but  a  less  number  may  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members.  All  the 
provisions  of  the  existing  constitution  inconsistent  with 
the  provisions  herein  contained  are  hereby  annulled. 

Resolved,  That  the  people  sjiall  be  assembled  for  the  Meetings  for  the 
purpose  aforesaid,  in  their  respective  polling  places  in  the  fng 'upo^n'thr'' 
several  cities  and  towns,  in  meetings  to  be  legally  warned,  fu^ut^etc*™®"'*' 
and  held  on  Tuesday  the  third  day  of  November  next,  at 
which  meetings  all  persons  qualified  to  vote  for  state  offi- 
cers may  give  in  their  votes  by  ballot  for  or  against  said 
article  of  amendment ;  and  the  same  officers  shall  preside 
in  said  meetings  as  in  meetings  for  the  choice  of  state 
officers,  and  shall  in  open  meeting  receive,  sort,  count  and 
declare  the  votes  for  and  against  the  said  article  of  amend- 
ment ;  and  the  said  votes  shall  be  recorded  by  the  clerks 
of  said  cities  and  towns,  and  true  returns  thereof  shall  be 
made  out  under  the  hands  of  the  mayor  and  aldermen,  and 
of  the  selectmen,  or  a  major  part  of  them,  and  of  the  clerks 
of  the  said  cities  and  towns,  respectively,  and  sealed  up, 
and  within  ten  days  after  the  said  meetings,  transmitted 
to  the  secretary  of  the  Commonwealth.  So  far  as  the 
same  can  be  made  applicable,  the  provisions  of  law  appli- 
cable to  the  election  of  state  oflicers  shall  apply  to  the 
taking  of  the  vote  on  said  article  of  amendment. 

Resolved,  That  every  person  qualified  to  vote  as  afore-  Baiiot. 
said  may  express  his  opinion  on  said  article  of  amendment, 


YES. 


NO. 


1094  1891.  — Chapter  103. 

and  the  following  words   shall   be  printed  on  the  ballot, 
to  wit :  — 

Shall  the  proposed  amendment  to  the  constitu- 
tion making  a  majority  of  members  a  quorum  in 
each  branch  of  the  general  court,  be  approved 
and  ratified? 

And  if  said  article  shall  appear  to  be  approved  by  a 

majority  of  the  persons  voting  thereon,  it  shall  be  deemed 

and  taken  to  be  ratified  and  adopted  by  the  people. 

rp°ened°and  Rcsolved,  That '  his  excellency  the    governor,  and  the 

examined  by  the  couucil,    shall    forthwith    ODCU    and    examine   the   votes 

governor  and  '  „  .  i     •/•    -j        i      ii 

council,  etc.  returned  as  atoresaid  ;  and  it  it  shall  appear  that  said 
article  of  amendment  has  been  approved  by  a  majority  of 
the  persons  voting  thereon,  according  to  the  votes  returned 
and  certified  as  aforesaid,  the  same  shall  be  enrolled  on 
parchment,  and  deposited  in  the  secretary's  office  as  a  part 
of  the  constitution  of  the  Commonwealth,  and  shall  be 
published  in  immediate  connection  therewith,  numbered 
according  to  its  numerical  position  with  the  articles  of 
amendment  of  the  constitution  heretofore  adopted,  in  all 
future  editions  of  the  laws  of  the  Commonwealth  printed 
by  public  authority. 

S^^go^rn'i^r"^^  HeKolvecl,  That  his  excellency  the  governor  be,  and  he 
hereby  is  authorized  and  Requested  to  issue  his  proclama- 
tion forthwith  after  the  examination  of  the  votes  returned 
as  aforesaid,  reciting  said  article  of  amendment  and 
announcing  that  said  article  has  been  duly  adopted  and 
ratified  by  the  people  of  the  Commonwealth,  and  thus 
becomes  a  part  of  the  constitution  thereof,  and  requiring 
all  magistrates  and  officers,  and  all  citizens  of  the  Com- 
monwealth to  take  notice  thereof  and  govern  themselves 
accordingly  ;  or  that  said  article  of  amendment  has  been 
rejected,  as  the  case  may  be. 

uTbesinTto''^*       iiesolved.  That  a  printed  copy  of  these  resolves,  includ- 

cities and  towns.  Ji^g  tJic  Said  article  of  amendment,  shall  be  transmitted  as 
soon  as  may  be  by  the  secretary  of  the  Commonwealth  to 
the  mayors  and  aldermen  of  the  several  cities  and  the 
selectmen  of  the  several  towns  of  the  Commonwealth. 

Apjjroved  Jane  4,  1891. 


(JJlCtvAO''}  Resolve  in  favor  of  the  murdock  parlor  grate  company. 

Murdock  Parlor       liesolvecl,  That  there  be  allowed  and  paid  out  of  the 

pa'^y.   "^        treasury  of  the  Commonwealth  to  the  Murdock  Parlor 

Grate  Company,  a  corporation  organized  under  the  laws 


1891.  — Chapters  104,  105.  1095 

of  Massachusetts,  the  sum  of  two  hundred  and  forty- 
seven  dollars  and  eighty-nine  cents,  in  full  compensation 
for  injury  and  damages  to  the  premises  and  business  of 
said  corporation  by  reason  of  the  settling  of  the  floor  of  a 
room  occupied  by  the  bureau  of  statistics  of  labor  in  the 
Ticknor  building,  so  called,  in  the  city  of  Boston,  said 
room  being  over  the  premises  occupied  by  said  Murdock 
Parlor  Grate  Company,  and  the  acts  by  which  the  floor  of 
said  room  was  caused  to  settle  being  of  such  a  character 
that  the  Commonwealth  is  not  legally  liable  for  any 
injury  or  damages  done  or  caused  thereby. 

Ap2)roved  June  5, 1891. 


Cnap.104. 


Rksolve  providing  for  the  sale  of  a  portion  of  the  land 
upon  which  the  state  normal  school.  at  westfield  is 
being  erected  and  of  a  dwelling  house  situated  on  said 

LAND. 

Resolved,  That  the  state  board  of  education  be  and  they  Land,etc.,ofthe 
are  hereby  authorized  to  sell  and  convey  by  proper  deeds  in  westiieui 
certain  portions  of  the  lot    of  land,  not    exceeding   one  ""•^' '^'"'°'''' 
eighth  of  an  acre,  situated  in  the  town  of  Westfield  and 
owned  by  the  Commonwealth,  upon  which  the  new  state 
normal  school  is  being  erected,  said  lot  of  land  being  sold 
for  the  purpose  of  straightening  the  line  of  the  lot  and 
not  being   needed  for  school   purposes.     They  are    also 
authorized  to  sell  the  dwelling  house  standing  on  said  lot 
of  land,  the  same  to  be  removed  by  the  purchaser  thereof. 
The  proceeds  from  the  sale  of  the  land  and  dwelling  house  Proceeds  m  i,e 
as  aforesaid  shall  be  paid  into  the  treasury  of  the  Com-  u^easmy. "'^ 
raonwealth.  Approved  June  5,  1891. 

Resolve  relative  to  the  marking  of  places  dangerous  to  n])f,q)  IQ^ 

YACHTS  AND  SMALL  BOATS.  ^ 

Resolved ,  TlvAt  the  board  of  harbor  and  land  commis- pianformaik. 
si  oners  are  hereby  authorized  and  directed  to  make  an  rofki'!'!Hc!°iJi' 
investigation  and  report  to  the  next  general  court  such  reiwrt^a  to  tL 
plan  or  plans  as  seem  to  them  feasible  for  marking  dan-  gent^'Ji'  conn. 
gerous  rocks  and  bars  in   the  harl)ors   of  the   Common- 
wealth in  such  a  way  as  to  secure  greater  safety  to  yachts 
and  small  boats  ;  and  in  making  said  investigation  said 
commissioners  may  expend  a  sum  not  exceeding  one  thou- 
sand dollars,  which  shall  be  allowed  from  the  treasury  of 
the  Commonwealth.     Said  commissioners  shall  state  i)ar- 
ticularly  in  their  report  the  expense  of  carrying  out  any 
plans  recommended  by  them.        Apiivoved  Jane  5,  1891. 


]09G 


1891.  — Chapters  106,  107,  108. 


ComniiBsion  for 
investigating 
systems  of 
manual  training 
and  infiustrial 
education. 


CJlCCJJ.lOQ  Resolve  providing  for  an  investigation  into  the  subject  of 

MANUAL  TRAINING   AND   INDUSTRIAL  EDUCATION. 

Resolved,  That  the  governor  appoint  a  commission  to 
consist  of  three  persons,  who  are  hereby  instructed  to 
investigate  the  existing  systems  of  manual  training  and 
industrial  education,  with  special  reference  to  the  question 
whether  any  existing  system  of  manual  training  or  indus- 
trial education,  or  any  modification  thereof,  can  be  adopted 
with  advantage  in  any  of  the  public  schools  of  this  Com- 
monwealth. The  commissioners  herein  provided  for  shall 
serve  without  compensation,  but  shall  be  allowed  for  all 
expenses  actually  incurred  in  the  performance  of  their 
official  duties  such  a  sum  as  the  governor,  with  the  advice 
and  consent  of  the  council,  shall  approve,  which  shall  be 
paid  out  of  the  treasury  of  the  Commonwealth  ;  and  they 
shall  report  the  results  of  their  investigations,  with  such 
recommendations  as  may  seem  best  to  them,  to  the  next 
general  court.  Approved  June  9,  1891. 


ChClV.\07   RkSOLVE    in    RELATION    TO    THE   BILL  RELATING   TO   TAXES   ON   THE 
PROPERTY   AND   FRANCHISES    OF   STREET   RAILWAY   COMPANIES 

Bill  relating  to        Besolvecl,  That  the  bill   entitled   "an    act   relating   to 

taxes  on  prop-  '  .  ,& 

erty, etc., of       taxcs  OH  the  property  and  franchises    of  street   railway 
corporations,      compaulcs  ",  printed  as  house  document  five  hundred  and 
rapid  transit  ^    twcnty-four  of  the  year  eighteen  hundred  and  ninety-one, 
commission.       |^g  referred  to  the  commission  to  promote  rapid  transit  for 
the  city  of  Boston  and  its  suburbs,  already  estal)lished  by 
law,  and  that  the  scope  of  the  investigation  and  inquiry  to 
be  conducted  by  said  commission  be  broadened  so  as  to 
include    the    subjects    covered   by  said   bill.      The   time 
within  which  said  commission  shall  make  its  final  report 
is  hereby  extended  to  the  first  Wednesday  in  April  in  the 
year  eighteen  hundred  and  ninety-two,  and  said  commis- 
sion is  hereby  authorized  to  report   in   part   from   time 
to  time  in  its  discretion.  Approved  June  9,  1891. 


(JJian.\OS  Resolve  relating  to  allowances  ^or  assistance  to  district 

ATTORNEYS    IN    PROCEEDINGS    UNDER    THE    MYSTIC    AND   CHARLES 
RIVER  VALLEYS   SEWAGE   DISPOSAL   ACT. 

^8t°rilt  auor  °  Besolvcd,  That  the  superior  court  may  allow  such  sum 
Beys  for  defence  as  it  may  deem  reasonable,  for  assistance  to  the  district 
relating  to  sew-  attoriicys  iu  thc  defcncc  of  proceedings  in  that  court 
Mystic.^'etl*.',  ^*"   for   damagcs    or    other   proceedings  under    chapter   four 

valleys. 


1891.  — Chapters  109,  110,  111,  112.  1097 

hnndrcd  and  thirty-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  relating  to  a  system  of  sewage 
disposal  for  the  Mystic  and  Charles  river  valleys  ;  and 
the  sum  so  allowed  shall  be  deemed  part  of  the  expenses 
incurred  under  the  provisions  of  said  act  and  shall  he 
paid  in  the  same  manner  as  such  expenses. 

Approved  June  9,  1891. 

Resolve  relating  to  brakemen  on  freight  trains.  Oil  fill  109 

Tlesolved,  That  the  board  of  railroad  commissioners  be  Brakemen  on 
directed  to  inquire  into  the  practice  of  the  various  rail-  f»'''g'>^ "''*"'»• 
roads  in  relation  to  the  number  of  brakemen  employed  on 
freight  trains,  and  to  make  to  the  companies  such  recom- 
mendations in  relation  thereto  as  the  safety  of  traffic  and 
human  life  may  require,  and  to  embody  its  findings  and 
recommendations  in  its  next  annual  report. 

Approved  June  10,  1891. 

Resolve  in  relation  to  the  bill  to  incorporate  the  boston  QJinr)  110 
railway  company. 

Remlved,  That  the  bill  to  incorporate  the  Boston  Rail-  ^^^'^  ^thl^BoXii 
way  ( 'ompany,  numbered  house  document  four  hundred  RaiiwayCoiu- 
and  nmety-tive,  be  referred  to  the  commission  to  promote  to  the  rapid 
rapid  transit  for  the  city  of  Boston  and  its  suburbs,  already  .4o,u' 
established  by  law.  Approved  June  10,  1891. 


Resolve  providing  for  the  payment  of  current  expenses  and  /-^-i        -i  -•  -t 

FOR  THE    ERECTION    OF   A   NEW  LAUNDRY   AND   BOILER   HOUSE   AT  ^ 

THE   WESTBOROUGH   INSANE   HOSPITAL. 

Resolved,  That  there   be  allowed  and  paid  out  of  the  wcstbnrongh 
treasury  of  the  Commonwealth  a  sum  not  exceeding  thirty-  ""'""''  hospital. 
five  thousand  dollars,  to  be  expended  at  the  Westborough 
insane  hospital  at  Westborough  under  the  direction  of  the 
trustees  thereof,  for  the  following  purposes  :  a  sum  not 
exceeding  ten  thousand  dollars  for  the  current  expenses  ' 
and  the  ordinary  repairs  at  said  institution,  and  a  sum  not 
exceeding  twenty-five  thousand  dollars  for  building  a  new 
laundry,  boiler  house  and  bakery,  and  for  reconstructing 
the  present  laundry  for  the  accommodation  of  patients. 

Approved  June  10,  1891. 

Resolve  providing  for  certain  repairs  and  improvements  at  n]ff,^y  1 1Q 

THE  TAUNTON   LUNATIC   HOSPITAL. 

Resolved,  That  there  be   allowed  and  paid  out  of  the  Taunton  umatic 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifty  ''°«i"'=''- 


1098  1891.  —  Chaptees  113,  114,  115. 

thousand  dollars,  to  be  expended  at  the  Taunton  lunatic 
hospital  at  Taunton  under  the  direction  of  the  trustees  of 
said  institution,  for  the  following  purposes  :  for  continu- 
ing the  repairs  on  the  steam  heating  apparatus,  a  sum  not 
exceeding  two  thousand  dollars ;  for  general  repairs  to 
the  buildings,  a  sum  not  exceeding  three  thousand  dol- 
lars, and  for  the  erection  of  an  additional  wing  to  the  hos- 
pital, a  sum  not  exceeding  forty-five  thousand  dollars. 

Approved  June  11,  1891. 

ChapAlS   KeSOLVE   in   favor   of   the  widow   of  the   late   WILLIAM  ALLEN. 

huJfwinHm^ '        Resolved,  That  there  be  allowed  and  paid  from  the  treas- 
Aiien.  ury  of  the  Commonwealth  to  the  widow  of  the  late  Wil- 

liam Allen,  late  associate  justice  of  the  supreme  judicial 
court,  the  amount  of  salary  to  which  the  said  William 
Allen  would  have  been  entitled  had  he  lived  until  the 
thirty-first  day  of  December  in  the  yeai  eighteen  hundred 
and  ninety-one.  Approved  June  11,  1891. 

07/^79.1 14  Resolve  in  favou  of  the  messengers  and  pages  of  the  senate 

and  house  of  representatives. 
Messengers  and       Resolved,  That  thcrc  be  allowed  and  paid  out  of  the 

pages  of  senate  /     i         z-i  i    i       •  i  t    • 

and  house  of  ti'easury  ot  the  Commonwealth,  in  addition  to  the  sums 
lepitsen  a  ives,  ^^^^  provided  by  law,  the  sum  of  one  hundred  dollars  each 
to  the  doorkeepers,  postmaster  and  messengers  of  the 
senate  and  house  of  representatives  and  to  the  clerk  and 
messengers  of  the  sergeant-at-arms,  the  extra  clerks  of  the 
senate  and  house,  the  clerk  in  the  document  room,  the 
messenger  of  the  expenditure  committee,  and  the  two 
elevator  men,  and  the  sum  of  sixty-seven  dollars  to  each 
page .  Ajyproved  June  11,  1 891 . 

QJiajy.WB  Resolve  providing  for  the  collection    by   the    bureau  of 

STATISTICS  OF  LABOR  OF  CERTAIN  STATISTICS  RELATIVE  TO 
FAMILIES  RESIDING  IN  RENTED  TENEMENTS  IN  THE  CITY  OF 
BOSTON. 

Statistics  10  be        Resolved,  That  the  bureau  of  statistics  of  labor  be  here- 

collected  rela-       i  t  i  •  i 

tivo  to  families  by  du'cctcd  to  asccrtaiu  and  report  to  the  next  general 
reute'd  tene-  court  the  nuuibcr  of  families  in  the  city  of  Boston  residing 
Bo8ton"etc.  i'T  rented  tenements ;  the  average  amount  of  rent  paid 
monthly  by  each  family  ;  the  number  of  rooms  rented  by 
each  family  ;  the  average  number  of  persons  to  each  room, 
their  sex  and  occupation  ;  the  length  of  time  the  heads  of 
such  families  have  been  residents  of  the  United  States  ; 
what  per  cent,  of  the  male  population  are  citizens,  and 


1891.  — Chapters  116,  117,  118.  1099 

their  nationality ;  and  the  sanitary  condition  of  the  tene- 
ments rented  as  aforesaid  ;  and  ten  thousand  dollars  shall 
be  paid  out  of  the  treasury  for  the  purpose  of  carrying  out 
the  provisions  of  this  resolve,  to  be  expended  by  the 
bureau  of  statistics  of  labor.         Approved  June  11,  1891. 

Resolve  in  favor  op  the  soldiers'  messenger  corps.  Ghctp.WQ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  soidiers-  mes- 

^     ^         /-^  11  1  Till  IT         5  senger  corps. 

treasury  of  the  Commonwealth  to  the  disabled  soldiers 
employment  bureau,  a  sum  not  exceeding  eight  hundred 
dollars,  the  same  to  l>e  expended  under  the  direction  of 
the  adjutant-general ;  three  hundred  dollars  of  said  sum 
shall  be  allowed  for  superintendence  of  said  bureau. 

Approved  June  11,  1891. 

Resolve  in  favor  of  mart  e.  o'neill.  Chap.Wl 

Resolved,  That  Mary  E.  O'Neill,  widow  of  Michael  MaryE.o'Nem 
O'Neill  who  was  a  seaman  in  the  United  States  navy  during 
the  war  of  the  rebellion,  serving  on  board  the  Ohio,  Minne- 
sota, Lehigh  and  Savannah,  and  who  was  honorably  dis- 
charged from  service  on  the  sixteenth  day  of.  June  in  the 
year  eighteen  hundred  and  sixty-four,  be,  from  and  after 
the  passage  of  this  resolve,  eligible  to  receive  state  aid  under 
the  provisions,  rules  and  limitations  of  chapter  three  hun- 
dred and  one  of  the  acts  of  the  j'^ear  eighteen  hundred  and 
eighty-nine,  in  the  same  manner  and  to  the  same  extent  to 
which  she  would  have  been  entitled  had  the  said  Michael 
O'Neill  served  to  the  credit  of  the  Commonwealth. 

Approved  June  11,  1891. 

Resolve  providing  for  an  investigation  bt  the  state  board  QJkijj.WS 
of  agriculture  into  the  dangers  arising  from  tuberculosis 
in  the  food  products  of  cattle. 

Resolved,    That  the  state  board  of  agriculture  be  in-  Dangers  arising 
structed  to  investigate  and  ascertain  the  best  methods  to  be  81^10  food  p°rod- 
adopted  in  order  to  protect  the  citizens  of  this  Common-  bfinvL'ti"ate!r 
wealth  against  the  dangers  to  human  life  and  health  which  ^^ .^^'^l^^l^^y^^ 
may  arise  from  the  presence  of  tuberculosis  in  the  food 
l)roducts  of  cattle,  with  power  to  employ  expert  assistance, 
and  report  in  print  the  result  of  their  investigations  to  the 
next  general   court,  with   such   recommendations  as  they 
may  deem  advisable.     And  for  the  purpose  aforesaid,  they 
may  expend  such  sum,  not  exceeding  twenty-five  hundred 
dollars,  as  they  may  deem  necessary,  which  sum  shall  be 
allowed  and  paid  out  of  the  treasury  of  the  Commonwealth. 

Approved  June  11,  1891. 


1100 


PROPOSED  Amendment  to  the 


PROPOSED  AMENDMENT  TO  THE 
CONSTITUTION. 


The  following  proiiosed  article  of  amendment  to  the  Constituticni 
has  been  officially  certified  and  deiwsited  in  the  office  of  the  secre- 
tary of  tlie  Commonwealth,  as  required  by  section  32  of  chapter  2  of 
the  Public  Statutes,  and  if  agreed  to  by  the  general  court  next  to  be 
chosen,  in  the  manner  jirovided  by  the  Constitution,  must  be  sub- 
mitted to  the  people  for  their  ratification  or  rejection  :  — 

Resolve  proviping  fok  an  amendment  to  the  constitution 
abolishing  the  puoperty  qualification  for  the  office 
of  governor. 


Proposed 
amendment  to 


licalion  for 
oflice  of 
governor 


Resolved,  That  it  is  expedient  to  alter  the  Constitution 
the  constiTution  of  this  Commonwealth  by  the  adoption  of  the  subjoined 

abolisliiii'^'"  the  %j  l  «/ 

property quaii-  urticlc  of  amendment;  and  that  the  said  article,  being 
agreed  to  by  a  majority  of  the  senators  and  two  thirds  of 
the  members  of  the  house  of  representatives  present  and 
voting  thereon,  be  entered  on  the  journals  of  both  houses, 
with  the  yeas  and  nays  taken  thereon,  and  referred  to  the 
general  court  next  to  be  chosen  ;  and  that  the  said  article 
1)6  published,  to  the  end  that  if  agreed  to  in  the  manner 
provided  by  the  Constitution,  by  the  general  court  next 
to  be  chosen,  it  may  be  submitted  to  the  people  for  their 
approval  and  ratification,  in  order  that  it  may  become  a 
part  of  the  Constitution  of  the  Commonwealth. 


ARTICLE    OF    AMENDMENT. 

So  much  of  article  two  of  section  one  of  chapter  two  of 
part  the  second  of  the  Constitution  of  the  Connnonwcalth 
as  is  contained  in  the  following  words:  "and  unless  he 
shall  at  the  same  time,  be  seized  in  his  own  right,  of  a 
freehold  within  the  Commonwealth  of  the  value  of  one 
thousand  pounds,"  is  hereby  annulled. 


Constitution.  1101 

House  of  Kepresentatives,  March  26,  1891. 

The  foreuoiniii:  article  of  amendment  is  ajjreed  to,  two 
thirds  of  the  members  of  the  house  of  representatives 
present  and  voting  thereon  having  voted  in  the  affirmative  ; 
and  the  same  is  referred  to  the  general  court  next  to  be 
chosen. 

William  E.  Barrett,  Sjpealcer. 

Senate,  April  7,  1891. 

The  foregoing  article  of  amendment  is  agreed  to,  a 
majority  of  the  senators  present  and  voting  thereon  hav- 
ing voted  in  the  aflSrmative  ;  and  the  same  is  referred  in 
concurrence  to  the  general  court  next  to  be  chosen, 

Henry  H.  Sprague,  President. 


1102  Kesolutions. 


RESOLUTIONS. 


Resolution  relative  to  the  decease  of  Charles  devens. 

Ss^or^'  Whereas,  By  the  death  of  the  honorable  Charles 
Charles  Sevens.  Devens,  justice  of  the  supreme  judicial  court,  the  Com- 
monwealth of  Massachusetts  has  lost  one  of  its  most  influ- 
ential and  valued  citizens  and  the  bench  one  of  its  ablest, 
most  faithful  and  impartial  jurists  ;  a  man  distinguished 
among  all  men  in  the  state  and  nation  as  a  brave  soldier, 
an  able  general  and  a  brilliant  orator,  and  endeared  to 
all  the  people  as  a  farsighted  and  high-minded  patriot ; 
therefore, 

Resolved,  By  the  senate  of  the  Commonwealth  of  Mas- 
sachusetts, that,  in  recognition  of  such  services,  a  com- 
mittee consisting  of  the  president  and  four  members  be 
appointed  to  represent  the  senate  at  his  funeral. 

In  Senate,  adopted  January  8,  1891 . 

Resolutions  upon  the  death  of  charles  devens.  . 
upr-n  the  death        W/ie7'eas,  bv  the  death  of  Charles  Devens,  a  justice  of 

of  Charles  V,..,  i  /-^  iiii 

Deveus.  the  suprcmc  judicial  court,  the    Commonwealth  has  lost 

one  of  her  most  distinguished  sons,  eminent  during  a  lonir 
career  in  the  service  of  his  state  and  of  the  nation,  both  in 
war  and  in  peace. 

Resolved,  That  this  house,  in  commemoration  of  his 
public  services  and  of  his  high  character,  place  upon 
record  its  sense  of  the  loss  which  the  Commonwealth  has 
sustained  in  his  death.  As  brigadier-general  in  the  ser- 
vice of  the  union,  as  justice  of  the  superior  court,  as 
attorney-general  of  the  United  States,  as  justice  of  the 
supreme  judicial  court,  as  an  orator  and  as  a  man,  he  did 
honor  to  his  state. 


Kesolutions.  1103 

Resolved,  That  these  resolutions  be  entered  upon  the 
journal  of  the  house,  and  that  a  copy  be  transmitted  to  his 
family. 

In  House  of  Representatives,  adopted  January  12,  1891. 

Resoldtions  in  favor  of  honest  money. 

Whereas,  The  people  of  Massachusetts  believe  in  honest  tq  favor  of 
money  and  look  to  their  senators  and  representatives  in 
congress  to  defend  a  sound  currency  ;  and, 

Whereas,  They  believe  in  a  conservative  regulation  of 
the  currency  and  condemn  its  inflation  either  by  the  issue 
of  inconvertible  paper  money  or  by  the  free  coinage  of 
the  depreciated  dollar  ;  and, 

Whereas,  A  bill  has  just  passed  the  senate  of  the  United 
States  providing  for  the  free  coinage  of  silver  and  its 
unlimited  purchase  by  the  United  States  government  at  a 
fixed  price  ;  and, 

WJiereas,  This  measure  will  debase  our  currency  and 
imperil  the  commercial  credit  of  the  United  States  and 
endanger  the  prosperty  of  all  its  citizens,  and  particularly 
the  welfare  of  the  wage  earners,  — 

Resolved,  That  we  hereby  express  our  thanks  to  our 
senators  for  their  opposition  to  such  a  measure,  and  that 
we  request  them  and  our  representatives  in  congress  to 
use  every  effort  to  defeat  not  only  the  proposed  unlimited 
purchase  of  silver  by  the  national  treasury  at  extortionate 
rates,  but  also  any  measure  including  free  coinage  or 
tending  in  any  way  to  debase  our  currency. 

Resolved,  That  we  request  our  senators  and  representa- 
tives in  congress  to  use  their  influence  to  secure  the  adop- 
tion by  the  chief  commercial  nations  of  the  world  of  a 
fixed  ratio  between  gold  and  silver. 

Resolved,  That  these  resolutions  be  communicated  to 
congress,  and  that  a  copy  thereof  be  transmitted  to  each 
of  the  senators  and  representatives  in  congress  from  this 
Commonwealth. 

In  House  of  Representatives,  adopted  Jamiary  16,  1891. 

llESOLUTIONS    RELATING    TO   THE     PASSAGE    OF     A    GENERAL     BANK- 
RUPTCY  LAW    BY   CONGRESS. 

Wher'eas,  The  laws  of  the  several  states  and  territories  on  paseHuc  of 
relating  to  settlements  by  debtors  with  their  creditors  are  mptcy  i'aw  by 
conflicting    in  their    provisions  and  often  unjust  to  both  ''""S'"''^*- 
debtor  and  creditor  ;  and, 


IIOJ: 


Resolutions. 


On  the  death  of 
general 
William  T. 
yherman. 


Whereas.,  The  want  of  a  uniform  law  on  the  subject 
of  bankruptcies  tends  to  the  curtaihiient  of  business 
through  lack  of  confidence  by  business  men,  and  becomes 
a  cause  of  financial  stress,  entailing  injury  and  loss ;  and. 

Whereas,  Under  the  constitution  of  the  United  States 
the  right  to  pass  a  general  bankruptcy  law  is  reserved  to 
congress,  —  be  it 

Resolved,  That  the  senators  and  representatives  from 
this  Cojnmouwealth  in  the  congress  of  the  United  States 
are  hereby  requested  to  use  their  influence  to  obtain  the 
passage  at  the  present  session,  of  the  bankruptcy  bill 
now  before  congress,  entitled  "an  act  to  establish  a  uni- 
form system  of  bankruptcy  throughout  the  United  States." 

Resolved,  That  a  copy  of  these  resolutions  be  trans- 
mitted to  each  of  the  senators  and  representatives  from 
this  Commonwealth  in  the  congress  of  the  United  States. 

In  House  of  Mepresentatives,  adopted  January  16,  1891. 

Resolutions  on  the  death  of  general  william  t.  sherman. 

Resolved,  That  this  house  has  heard  with  deep  regret 
of  the  death  of  general  William  T.  Sherman,  late  general 
in  the  United  States  army  ; 

Resolved,  That,  to  show  our  appreciation  of  his  great 
services  for  his  country,  and  our  admiration  for  his  emi- 
nent abilities  and  personal  character,  there  l)e  placed 
upon  the  records  of  the  house  this  testimonial  to  his  great 
virtues  and  lofty  patriotism  ; 

Resolved,  That  a  copy  of  these  resolutions  be  forwarded 
to  the  family  of  the  deceased. 

In  House  of  Representatives,  adopted  February  16,  1891. 


Resolutions  on  the  death  of  william  t.  sherman. 
*i?.,\^«"'t-ath  of        Whereas,  The  senate  of  Massachusetts  has  learned  with 

U  llham  T.  '  •      •  m         -ii 

Sherman.  unfcigued  sorrow  of  the  death  of  William  T.  Sherman, 

late  general  of  the  army,  the  memory  of  whose  services  to 
the  republic  and  the  cause  of  civil  liberty  is  to  his  country- 
men a  priceless  legacy,  it  desires  to  record  its  appreciation 
of  his  brilliant  services  as  a  soldier  and  his  lofty  character 
as  a  citizen  ;  therefore,  — 

Resolved,  That  in  his  decease  the  country  he  loved  and 
served  so  well  suflcrs  an  irreparable  loss,  and  the  cause  ot 
freedom  is  deprived  of  one  of  its  most  zealous  champions. 


Resolutions.  1105 

Resolved,  That  his  career  as  a  soldier  without  reproach, 
as  a  citizen  ever  tic  voted  to  duty,  and  as  a  man  whose 
sterling  Avorth  and  stainless  character  endeared  him  to  all 
conditions  of  men,  will  ever  serve  as  an  example  to  those 
who  shall  follow  him,  and  cause  him  to  be  enrolled  among 
the  nation's  heroes,  as  he  is  now  enshrined  in  the  hearts 
of  his  countrymen. 

Resolved,  That  the  senate  tenders  to  his  bereaved  family 
its  sincere  sympathy. 

Resolved,  That  the  president  of  the  senate  be  requested 
to  cause  a  certified  copy  of  the  above  preamble  and  reso- 
lutions to  be  forwarded  to  the  family  of  the  deceased. 

In  Senate,  adopted  February  17,  1891. 

Resolution  relative  to  the  late  marcus  morton. 
Resolved,  That  the  senate  hereby  records  its  apprecia-  Relative  to  the 
tion  of  the  valuable  services  to  the  state,  of  the  late  Mar-  mJ^tiou!*^ 
cus  Morton,  for  more  than  thirty  years  a  member  of  the 
judiciary  of  the  state,  and  for  a  period  of  eight  years  the 
chief  justice  of  the  supreme  judicial  court.     His  record 
was  marked  by  a  quick  perception,  sharp  insight  and  rare 
power  of  statement,  with  which  were  combined  strong- 
common  sense,  fairness  and  purity.     He  closely  observed 
the  best  traditions  of  the  past,  and  he  transmitted  the  high 
trust  confided  to  him  unimpaired  to  his  successor. 

In  Senate,  adopted  February  20,  1891. 
Resolutions  on  the  death  of  the  late  chief  justice  marcus 

MORTON. 

W7iereas,  "The  character  and  virtues,  the  iust  senti- o»  t^e  death  of 
mcnts  and  useful  actions  of  distinguished  men,  preserved  justiic  Marcus 
in  the  annals  and  cherished  in  the  recollections  of  a  grate- 
ful people,  constitute  their  richest  treasures";  and, 

Whereas,  The  late  Marcus  Morton,  during  a  continuous 
judicial  service  for  the  term  of  thirty-two  years,  of  which, 
for  the  term  of  eight  years,  he  was  chief  justice  of  our 
supreme  judicial  court,  stood  the  peer  of  any  in  useful  cit- 
izenship ;  therefore  be  it 

Resolved,  That  by  reason  of  his  inflexible  honesty,  his 
untiring  industry,  his  great  common  sense,  his  rightness 
of  mind,  his  thorough  kindness  of  heart  and  his  tender 
humanity,  the  Commonwealth  has  lost  in  him  a  model 
magistrate,  judge  and  useful  citizen,  and  the  people  a  true 
friend ; 


1106  Resolutions. 

Remlved,  That  these  resohitions  be  entered  upon  the 
journal  of  the  house,  and  that  a  copy  be  transmitted  to  his 
family. 

In  House  of  Representatives^  adopted  February  24^  1891. 

Resolution  relating  to  couplers  and  brakes  on  freight  cars. 

fo^iISund  Whereas,  From  the  last  published  statistics  of  the  rail- 

brakes  on  ways  in  the  United  States,  being  for  the  year  ending  on 

the  thirtieth  day  of  June  in  the  year  eighteen  hundred  and 
eighty-nine,  it  appears  that  three  hundred  emploj^ees  were 
killed  and  six  thousand  seven  hundred  and  fifty-seven 
injured  in  that  year  in  coupling  and  uncoupling  cars,  being 
fifty-six  per  cent,  of  all  the  accidents  happening  to  train 
men,  and  practically  all  these  accidents  can  be  avoided  by 
the  adoption  of  uniform  automatic  couplers  for  freight 
cars,  and, 

}V/iereas,  Five  hundred  and  fifty-eight  employees  were 
killed  and  two  thousand  three  hundred  and  seven  injured 
by  overhead  obstructions  or  by  falling  from  trains  and 
engines,  being  twenty-three  per  cent,  of  all  the  accidents 
happening  to  train  men,  and  a  large  proportion  of  these 
accidents  would  be  avoided  by  the  adoption  of  the  train 
brake  on  freight  trains,  and. 

Whereas,  The  regulation  of  couplers  and  of  train  brakes 
upon  freight  cars  is  of  pressing  importance  and  is  within 
the  proper  scope  of  the  powers  of  the  congress  of  the 
United  States,  while  action  by  the  individual  states  on 
these  subjects  has  produced  and  must  continue  to  produce 
conflicting  and  unsatisfactory  results,  and. 

Whereas,  At  the  convention  of  railroad  commissioners 
lately  held  in  Washington  at  the  rooms  of  the  interstate 
commerce  commission,  upon  motion  emanating  from  the 
board  of  railroad  commissioners  of  this  state,  a  resolution 
was  unanimously  adopted  providing  for  the  appointment 
of  a  committee  of  five  to  appear  before  congress  as  soon 
as  possible  after  the  opening  of  its  next  regular  session 
and  urge  the  passage  of  measures  calculated  to  insure  and 
hasten  the  adoption  of  uniform  automatic  couplers  and 
train  brakes  upon  freight  cars  and  of  driving  wheel  brakes 
on  engines, 

Besolved,  That  the  senate  and  house  of  representatives 
of  the  Commonwealth  of  Massachusetts,  in  general  court 
assembled,  approving  of  the  action  of  its  board  of  railroad 
commissioners,  do  most  respectfully  and  earnestly  urge 


Resolutions.  1107 

upon  congress  the  consideration  of  the  foregoing  subjects, 
to  the  end  that  the  consummation  which  all  desire  may- be 
reached  with  the  utmost  reasonable  speed,  and  especially 
do  we  urge  upon  our  own  representatives  in  congress  to 
join  energetically  in  promoting  wdse,  speedy  and  effective 
action,  and  that  a  committee  of  one  on  the  part  of  the 
senate  and  two  on  the  part  of  the  house  be  appointed  to 
convey  this  resolution  to  congress  and  act  in  conjunction 
with  the  committee  appointed  at  the  convention  of  railroad 
commissioners  to  urge  upon  congress  a  speedy  considera- 
tion thereof. 

In  House  of  Representatives^  adopted  March  30,  1891. 
In  Senate,  adopted  in  concurrence,  April  6,  1891. 

Resolution  for  the  promotion  of  greater  harmony  in  the 
laws  of   the  united   states   and  of   the   several  states, 
relating  to  railroads. 
Whereas,  The  board  of  railroad  commissioners  in  its  For  promotion 
annual  report  has   called  attention  to  the  importance  of  monyin  the 
greater  harmony  in  the  laws  of  the  United  States  and  of  united  states 
the  several  states,  relating  to  railroads, —  geveiautates, 

liesolved,  That  said  board  be  requested  to  confer  with  '''■!j',^^"^g° 
the  commissioners  of  the  other  New^  England  states  as  to 
the  extent  to  which  harmony  between  the  laws  of  said 
states   is   desirable,   and  the  manner  in  which  it  can  l)e 
secured,  and  to  report  to  the  next  legislature. 

In  Senate,  adopted  April  13,  1891. 

In  House  of  Representatives,  adopted  in  (concurrence,  April 
20,  1891. 

Resolutions  relating  to  the  adoption  of  uniform  laws  for 

THE  protection  OF  FOOD  FISHES  IN  THE  NEW  ENGLAND  STATES. 

Whereas,   There  are  crreat  variations    in   the    laws    of  P^<^''''i"s '° 

'  .       o  adoption  of  urn- 

Maine,  New  Hampshire,  Vermont,  Rhode  Island,    Con- form  i.aw»  r.n- 

necticut  and  Massachusetts,  regarding  the  protection  of  food  lisuos  in 

food  fishes,  and  as  a  law  the  same  for  all  the  states  herein  Lmi  etrtes."" 

named  would  be  of  benefit  to  all  interested,  therefore  be  it 

Resolved,  That  the  senate  and  house  of  representatives 

of  the  Connnon wealth  of  Massachusetts,  in  general  court 

assembled,  request  the  commissioners  on  inland  fisheries 

and  game  to  confer  with    the    proper  aulhorities  of  the 

states  of  Maine,  New  Hampshire,  Vermont,  Rhode  Island 


1108  Resolutions. 

and  Connecticut,  with  a  view  to  securing  the  adoption  of 
uniform  laws  to  protect  the  food  fishes  of  the  states  named. 

Resolved,  That  the  commissioners  on  inland  fisheries 
and  game  be  and  are  hereby  requested  to  report  the  result 
of  their  conference  to  the  general  court  of  the  year  eight- 
een hundred  and  ninety-two. 

Resolved,  That  copies  of  these  resolutions  be  forwarded 
to  the  governors  of  the  states  of  Maine,  New  Hampshire, 
Vermont,  Rhode  Island  and  Connecticut. 

hi  Senate,  adopted  May  18,  1891. 

In  House  of  Representatives,  adopted  in  concurrence,  June  1, 
1891. 


Resolutions  tendering  the  thanks  of  the  commonwealth  to 
lieutenant  john  m.  hawley,  united  states  navy. 
The  thanks  of  WJieveas,  It  has  come  to  the  knowledo-e  of  the  senate 

the  Common-  .  ,  ~  i  r> 

wealth  tendered  and  housc  oi  representatives  ot  the  Commonwealth  of 
John  M.  Haw.  Massachusctts  that  the  saving  of  the  United  States  man- 
states  navy,  of-war  Nipsic  and  of  the  lives  of  most  of  her  men  during 
the  terrible  hurricane  in  the  bay  of  Apia,  Samoa,  in 
March  eighteen  hundred  and  eighty-nine,  was  due  largely 
to  the  rare  courage  and  ability  of  lieutenant  John  M. 
llawley,  the  executive  ofiicer  in  charge,  and, 

WJiereas,  Lieutenant  Hawley  is  of  Massachusetts  birth 
and  present  citizenship,  therefore  be  it 

Resolved,  That  the  senate  and  house  of  representatives 
hereby  place  on  record  their  recognition  of  the  high  ser- 
vices of  lieutenant  Hawley,  and  express  to  him  their 
appreciation  of  the  fidelity  in  peril,  and  of  the  signal  abil- 
ity in  a  grave  crisis  displayed  by  him  whereby  the  Nipsic 
was  saved  and  many  lives  preserved.  The  general  court 
is  pleased  to  place  his  name  with  those  of  other  distin- 
guished sons  of  the  Commonwealth. 

Resolved,  That  these  resolutions  be  engrossed  and 
signed  by  the  president  and  clerk  of  the  senate  and  by  the 
speaker  and  clerk  of  the  house  ;  and  that  his  excellency 
the  governor  be  requested  to  sign  the  same  and  to  affix 
the  great  seal  of  the  Commonwealth  thereto,  and  to  for- 
ward these  resolutions  to  lieutenant  Hawley. 

In  House  of  Representatives,  adopted  May  27,  1891. 

In  Senate,  adopted  in  concurrence  June  2,  1891 . 


Eesolutiqns.  1109 


Resolutions  extended  to  representative  Charles  w.  flint. 

Resolved,  That  the  membei's  of  the  house  of  representa-  to  repvesenta-^ 
fives,  in  this  closing  hour  of  its  session,  hear  with  regret  Fum.^''' ^^^ 
of  the  continued  iHness  of  our   much  respected  fellow- 
member,  Charles    W.  Flint,  representing   the   twentieth 
Middlesex  district,  and,  therefore, 

Resolved,  That  the  house  of  representatives  hereby 
extends  to  him  the  best  wishes  of  all  its  members  for  his 
permanent  recovery  of  health  and  strength  and  a  speedy 
return  to  the  duties  of  the  state  and  of  citizenship,  which 
in  health  he  has  so  faithfully  performed. 

In  House  of  Representatives,  adopted  June  11,  1891. 

The  general  court  of  1891,  during  its  annual  session,  passed  four 
luuidred  and  twenty-three  acts  and  one  hundred  and  eigliteen 
resolves,  which  received  the  approval  of  his  excellency  tlie  gov- 
ernor. In  addition  to  these,  the  following  acts  were  laid  before  the 
governor  Avhich  failed  to  receive  his  approval,  but  as  they  were  not 
returned  by  him,  with  his  objections  thereto,  within  five  days  after 
receiving  the  same,  the  general  court  not  having  adjourned  in  the 
meantime,  said  acts  and  resolves  had  "  the  force  of  a  law,''  under  the 
provisions  of  the  Constitution,  and  have  been  so  certified,  viz. :  — 

An  Act  to  establish  the  salary  of  the  justice  of  the  second  district 
court  of  Bristol.     [Chap.  108.] 

An  Act  to  incorporate  the  Winthrop  Loan  and  Trust  Company. 
[Cliap.  109  ] 

An  Act  to  incorporate  the  Haverhill  Safe  Deposit  and  Trust  Com- 
pany in  the  city  of  Haverhill.     [Chap.  110.] 

An  Act  to  incorporate  the  Fall  River  Loan  and  Trust  Company. 
[Chap.  168.]^ 

An  Act  to  iiicorporate  the  Mattapan  Deposit  and  Trust  Companv. 
[Chap.  169.] 

An  Act  to  incorporate  the  State  Street  Safe  Deposit  and  Trust 
Company.     [Chap.  199.] 

An  Act  to  incoT-porate  the  North  Essex  Trust  Company.     [Chap.  29S.] 

An  Act  to  incorporate  the  Somerville  Trust  Company.     fCliai). 

Two  acts,  entitled  respectively,  "  An  Act  to  authorize  the  town  of 
East  Bridgewater  to  pay  certain  bounties,"  and  "An  Act  to  provide 
for  the  building  of  aii  Asylum  for  the  Chronic  Insane,"  were  passed 
and  laid  before  the  governor  for  his  approval,  and  were  returned  l)y 
him  to  the  senate,  in  which  they  originated,  with  liis  objections 
thereto ;  were  reconsidered,  agreeably  to  the  provisions  of  the  con- 
stitution, and  the  vote  being  taken  on  passing  the  same,  notwith- 
standing the  objections  of  the  governor  thereto,  they  were  rejected, 
two  thirds  of  the  members  present  and  voting  thereon  not  Jiaving 
voted  in  the  affirmative. 

The  general  court  was  prorogued  on  Tiun-sda}^  June  ll,tii('  ses- 
sion having  occupied  one  hundred  and  fifty-six  days. 


1110  GovERNOPt's  Address. 


INAUGURAL   ADDRESS 

OF  # 

HIS  EXCELLENCY  WILLIAM  E.  RUSSELL. 


At  twelve  o'clock  on  Thursday,  the  eighth  day  of 
January,  his  excellency  the  governor,  accompanied  by 
his  honor  the  lieutenant-governor,  the  members  of  the 
executive  council,  and  officers  of  the  civil  and  military 
departments  of  the  government,  attended  by  a  joint 
committee  of  the  two  houses,  met  the  senate  and  house 
of  representatives,  in  convention,  and  delivered  the  fol- 
lowing :  — 

ADDRESS. 

Oentlemen  of  the  Senate  and  Hotise  of  Bepresentatives. 

Intrusted  by  the  people  of  the  Commonweaith  with  the 
management  of  her  affairs  for  the  current  year,  we  meet 
to-day  to  begin  this  responsible  and  honorable  duty. 

A  usage  long  established  requires  me  at  this  time  to 
submit  to  the  two  branches  of  the  legislature  suggestions 
and  recommendations  that  seem  to  need  their  consideration 
and  action.  It  has  been  usual  in  such  a  message  briefly 
to  consider  the  finances  of  the  Commonwealth,  the  condi- 
tion of  the  various  departments,  their  wishes  and  needs. 
Necessarily  this  information  is  gathered  from  official 
reports,  all  of  which  are  submitted  to  your  consideration. 
As  I  can  have  but  little  trustworthy  knowledge  outside  of 
these  reports,  it  seems  to  me  useless  and  perfunctory  to 
anticipate  your  careful  review  of  them  by  stating  briefly 
what  they  state  at  length,  or  by  repeating  their  recom- 
mendations. Especially  is  this  true  when  other  matters 
quite  as  important,  and  much  more  fundamental,  demand 


Governor's  Address.  1111 

your  attention.  I  therefore  depart  from  this  usage,  with 
full  confidence  that  you  will  give  to  the  reports  and  recom- 
mendations'of  the  departments  the  careful  consideration 
to  which  they  are  entitled,  as  the  best  thought  of  experi- 
enced officials  upon  subjects  with  which  they  are  familiar. 
As  experience  gives  me  a  more  full  and  accurate  knowledge 
of  the  work  and  condition  of  the  departments,  I  may  here- 
after call  your  attention  to  changes  and  reforms  that  may 
be  advisable. 

The  Constitution  of  Massachusetts  declares  :  "  Govern- 
ment is  instituted  for  the  common  good  ;  for  the  protection, 
safety,  prosperity  and  happiness  of  the  people,  and  not 
for  the  profit  or  private  interest  of  any  one  man,  family  or 
class  of  men  :  Therefore  the  people  alone  have  an  incon- 
testable, inalienable  and  indefeasible  right  to  institute  gov- 
ernment ;  and  to  reform,  alter,  or  totally  change  the  same, 
when  their  protection,  safety,  prosperity  and  happiness 
require  it." 

This  declared  purpose  of  government  and  power  over  it 
guaranteed  to  the  people  make  it  the  imperative  duty  of 
their  chosen  representatives,  as  their  trusted  servants,  to 
keep  it  ever  true  to  their  interests,  to  watch  for  the  expres- 
sion of  their  will,  and  when  ascertained  implicitly  to  obey 
it.  Rarely  is  such  expression  directly  made  in  an  election 
or  with  a  partisan  voice.  Yet  by  petitions,  public  meet 
ings,  the  public  press,  and  other  signs,  there  is  unerring 
evidence  of  their  will  as  to  the  policy  of  their  government. 
A  political  revolution  may  then  give  emphasis  to  their 
discontent,  weight  to  their  criticism,  and  be  their  mandate, 
not  for  partisan  legislation,  but  for  heed  to  their  wish. 
Massachusetts,  with  her  sturdy,  intelligent,  patriotic 
people,  jealous  of  their  rights  and  courageous  in  defending 
them,  has  many  a  time  been  the  fruitful  field  of  agitations 
meant  to  be  the  forerunner  of  law,  and  successful  in  their 
purpose.  This  has  justly  made  her  a  leader  in  the  sister- 
hood of  states.  Here  have  been  great  aoitations  for  human 
rights,  for  upholding  the  nation  in  important  crises,  for 
reforms  that  insure  purity  and  independence  in  elections, 
eflSciency  and  unselfishness  in  administration,  for  retrench- 
ment and  economy  in  state  expenditure,  for  wise  and  pro- 
gressive labor  legislation,  and  for  other  objects,  where 
the  voice  of  the  people  was  heard  as  distinctly  and  followed 
as  faithfully  as  if  they  had  directly  passed  upon  these 
questions.  There  was  no  need  of  a  poll  to  know  the 
popular  Avill. 


1112  Governor's  Address. 

4 

Judged  by  such  signs  of  the  people's  thought  and  wish 
as  have  controlled  in  the  past,  I  ask  you  to  consider 
whether  there  is  not  within  our  Commonwealth  and 
throughout  the  country  a  profound  and  just  feeling  that 
there  is  a  growing  tendency  to  divert  legislation  and  govern- 
ment from  their  true  purpose,  and  to  surrender  their  con- 
trol to  selfish  interests  for  selfish  objects,  rather  than  to 
use  them  "for  the  common  good;"  whether  there  is 
not  also  with  this  -feeling  an  earnest  demand  for  some 
changes  and  reforms,  within  your  power  to  grant,  which 
will  check  this  tendency  and  keep  their  government  well 
within  the  control  of  the  people,  —  to  the  end  that  all 
law  may  be  the  free  and  full  expression  of  the  people's 
will,  and  its  administration  just,  pure  and  honest. 

With  a  strong  conviction  that  such  demand  exists,  that 
it  is  just  and  should  be  heeded,  I  submit  to  your  consider- 
ation suggestions  for  legislation  in  this  direction.  They 
are  based  upon  a  firm  belief  that  the  people  can  safely 
be  trusted  with  political  power ;  that  legislation  should 
be  for  their  interest,  and  never  controlled  against  their 
interest ;  and  that  their  government,  so  far  as  possible, 
should  be  made  directly  and  immediately  responsible  to 
them.  Many  of  these  suggestions  deal  with  matters  that 
have  been  considered  without  partisan  bias  by  your  prede- 
cessors and  by  the  people  generally.  They  are  submitted 
in  no  partisan  spirit,  and  will  be  considered  by  you,  I  am 
confident,  with  the  single  purpose  of  faithfuU}^  serving  the 
public  interests. 

THE    SUFFRAGE. 

As  a  first  and  fundamental  change  necessary  to  accom- 
plish the  reforms  suggested,  I  call  your  attention  to  a 
restriction  upon  the  sufirage,  which  is  based  upon  a  mis- 
trust of  the  people,  is  unjust  in  principle,  injurious  and 
corrupting  in  practice,  and  which  leaves  this  great  primal 
right  of  freedom  without  proper  constitutional  guaranty, 
and  subject  to  be  controlled,  obstructed,  and  possibly 
defeated,  by  legislative  action.  Massachusetts,  almost 
alone  of  the  states  of  the  Union,  requires  the  payment 
of  a  tax  as  a  qualification  for  voting.  Besides  certain 
conditions  as  to  age,  sex,  residence  and  education,  our 
Constitution  also  prescribes,  to  qualify  a  voter  in  any 
election,  the  payment  of  "  any  state  or  county  tax  which 
shall  within  two  3'ears  next  preceding  such  election  have 


Governor's  Address.  1113 

been  assessed  upon  him  in  any  town  or  district  in  this 
Commonwealth."  There  is  excepted  from  this  provision 
"  every  citizen  who  shall  be  by  law  exempted  from  taxa- 
tion." Whether  or  not  there  shall  ])e  any  state  or  county 
tax,  and  upon  what  such  tax  shall  be  laid,  whether  upon 
polls  or  property,  are  matters  within  the  control  of  the 
legislature.  When  laid,  the  assessment  of  the  tax  upon 
the  citizen  requires  the  action  of  the  local  board  of  assess- 
ors. The  failure  of  either  body  to  act  means  the  dis- 
franchisement of  voters.  Thus  the  suffrage,  the  very 
foundation  of  republican  institutions,  instead  of  being 
protected  by  constitutional  guaranty,  is  left  to  the  discre- 
tion of  the  legislature,  and  is  dependent  upon  its  annual 
action.  There  have  been  years  in  the  past  when  no  state 
tax  was  required  or  laid.  It  may  be  that  other  sources 
of  revenue  will  make  it  unnecessary  at  some  time  in  the 
future  to  lay  either  a  state  or  county  tax.  It  is  possible 
that  in  such  a  case  there  would  be  a  wholesale  disfran- 
chisement. Judicial  interpretation  has  declared  :  "It  (the 
Constitution)  confines  the  power,  therefore,  in  terms  to 
those  who  shall  have  paid  some  tax  assessed  within  a  short 
period  preceding  the  election,  and  for  the  sake  of  exact- 
ness fixes  that  period  at  two  years.  If,  therefore,  the  per- 
sons in  question  have  been  exempted  for  two  entire  years, 
either  by  being  omitted  in  the  assessment  or  b}' the  abate- 
ment of  the  tax  by  the  assessors,  such  persons  arc  excluded 
by  the  plain  terms  and  manifest  intent  of  the  Constitu- 
tion." By  statute  law,  within  the  power  of  any  legisla- 
ture to  change  or  repeal,  a  portion  of  the  state  and  county 
tax  is  assessed  upon  polls ;  otherwise  all  except  the 
owners  of  taxable  property  would  be  disfranchised.  By 
statute,  too,  the  person  assessed  may  have  the  state  and 
county  tax  separated  from  the  town  tax  ;  otherwise  he  must 
pay  more  than  the  Constitution  requires,  or  be  disfran- 
chised. By  statute,  too,  no  poll  tax  can  be  abated  within 
the  year  in  which  it  is  assessed  ;  otherwise  the  power  to  dis- 
franchise every  person  who  pays  only  a  poll  tax  rests  abso- 
lutely with  a  local  board,  and  abating  taxes  would  be  a 
convenient  way  of  abating  voters.  So  it  has  become  neces- 
sary by  statutes  to  lay  a  tax,  to  separate  the  tax  on  polls 
from  the  tax  on  property,  to  forljid  its  abatement  —  that  the 
sacred  right  of  suflVage  may  be  preserved  to  the  freemen  of 
Massachusetts.  To  repeal  any  of  these  statutes  in  any  year 
puts  in  jeopardy  this  right.     By  a  simple  change  in  them, 


1114  Governor's  Address. 

the  legislature  may  raise  the  most  stringent  and  odious  prop- 
erty qualification,  and  disfranchise  a  large  majority  of  the 
voters  in  the  state.  If,  for  example,  a  statute  was  passed 
abolishing  the  poll  tax,  or  exempting  all  polls  from  any 
state  or  county  tax,  or  providing  that  those  taxes  should 
be  laid  wholly  on  real  estate,  at  once  by  legislative  act 
there  is  raised  anew  qualification,  severe,  repulsive,  intol- 
erable, and  from  one-half  to  three-quarters  of  the  voters 
are  disfranchised.  "  It  is  liability  to  taxation,  not  want 
of  taxable  property,"  as  our  supreme  court  has  said, 
"which  distinguishes  citizens  generally  from  citizens 
exempted  by  law  from  taxation.  The  exemption  by  law 
contemplated  by  the  Constitution  is  an  exemption  from  all 
taxation,  without  any  distinction  between  a  poll  tax  and 
any  other  tax.  .  .  .  So,  if  the  legislature  were  to  take  oft* 
the  poll  tax  altogether,  it  could  not  be  said  that  all  per- 
sons having  at  any  particular  time  no  taxable  property 
would  be  exempted  by  law  from  taxation ;  therefore  to 
come  within  the  other  provision  of  the  Constitution  they 
must  actually  pay  a  tax  to  enable  them  to  vote  ;  and  such 
in  the  absence  of  all  poll  taxes  must  be  a  property  tax." 
That  no  legislature  probably  would  ever  dare  to  exercise 
this  power  to  disfranchise,  is  no  reason  for  allowing  the 
right  of  suffrage  to  remain  within  its  control.  A  right  so 
fundamental  and  sacred  ought  to  be  established,  defined 
and  protected  by  the  Constitution,  and  so  be  placed 
beyond  the  reach  of  legislative  discretion.  Opportunity 
for  the  arbitrary  use  of  power  in  a  political  emergency,  for 
partisan  purposes,  is  one  of  the  first  evils  against  which  a 
republican  form  of  government  should  guard. 

The  maintenance  of  this  qualification  seems  clearly  in 
conflict  with  the  fourteenth  amendment  of  the  Constitution 
of  the  United  States,  and  renders  the  state  liable,  as  pro- 
vided in  that  amendment,  to  a  reduction  of  her  represen- 
tation in  the  national  house  of  representatives. 

There  are  other  reasons  quite  as  important  that  require 
the  abolition  of  this  tax  qualification  for  voting.  It  is  no 
test  of  a  man's  intelligence,  capacity,  or  honesty,  of  his 
interest  in  public  affairs,  or  even  of  his  contribution  for 
the  support  of  government.  Indirectly,  in  the  cost  of 
necessaries  of  life,  especially  in  rent',  does  every  self- 
supporting  man  pay  taxes.  The  real  tax-payer  is  not 
the  one  who  pays  the  tax,  but  the  one  upon  whom  it 
finally  rests.     This  tax  deprives  a  man  of  his  vote  because 


Goveknor's  Address.  1115 

of  his  poverty  only.  It  forgets  that  his  veiy  poverty 
makes  him  the  more  dependent  npon  the  eitieient  adminis- 
tration of  hiws  that  are  wise,  just  and  honest,  and  that 
our  democratic  idea  of  government  requires  that  he  be 
given  a  voice  in  the  making  of  these  laws.  In  matters 
which  concern  the  health,  safety,  education,  convenience 
and  happiness  of  the  community,  he  must  often  look  to 
law,  while  wealth  can  always  protect  itself.  He  is  re- 
quired, moreover,  to  perform  all  the  duties  of  a  citizen, 
and,  if  need  be,  to  give  himself  in  defence  of  his  country, 
to  hold  his  liberty  and  life  subject  to  her  laws,  to  all  of 
which  he  is  required  to  render  implicit  obedience.  AVhy 
should  he  not,  if  of  mature  age  and  proved  intelligence, 
have  a  voice  in  these  matters  which  vitally  aftect  him? 
There  were  both  truth  and  just  sentiment  in  the  touching 
appeal  of  Henry  Wilson  —  "  Poverty  is  bitter  enough  to 
be  borne  without  the  degradation  of  disfranchisement. 
The  man  of  toil  who  has  reared  a  family,  contributed 
hundreds  of  dollars  by  indirect  taxation  to  support  the 
government,  who  may  have  given  perhaps  his  blood  to  the 
defence  of  the  country,  who  has  paid  his  tax  cheerfully  for 
years,  should  not,  as  life  begins  to  cast  its  shadows  over 
him,  as  his  arm  l)egins  to  fail  and  his  step  to  totter,  be 
degraded  because  he  is,  in  his  old  age,  compelled  to  drink 
the  bitter  cup  of  poverty.  That  constitutional  provision 
which  would  deny  to  the  poor  man,  who  could  not  pay  his 
tax  bill,  the  right  to  vote,  should  be  forever  blotted  out 
of  the  Constitution  of  a  christian  Commonwealth." 

Is  it  wise  to  deprive  men  of  all  share  in  the  government 
merely  because  they  cannot  pay  a  direct  tax  ?  May  they 
not,  if  deprived  of  a  proper,  conservative  way  of  giving 
force  to  their  opinions  or  their  grievances,  in  their  discon- 
tent try  other  means  to  make  their  wishes  known  and 
their  power  felt?  This  tax  qualification  either  disfran- 
chises many  thousands  of  men  or  tends  to  suljject  their 
votes  to  the  control  of  another's  will.  It  leads  to  the 
debasement  of  our  politics,  to  the  collection  and  expendi- 
ture of  large  sums  of  money  at  elections  ;  it  tends  to  make 
wealth  a  necessary  qualification  for  candidates,  because 
poverty  is  a  disqualification  for  voters.  In  important  and 
exciting  contests  it  is  of  no  effect  except  to  degrade  the 
voter,  to  burden  the  candidates,  and  to  suggest  and 
encourage  corruption. 

Upon    such  grounds    the    constitutional    convention   of 


1116  Governor's  Address. 

1853  voted  more  than  three  to  one  against  it.  Democrats, 
whigs,  and  the  founders  of  the  republican  party,  stood 
side  by  side  demanding  its  abolition, — amongst  them 
such  distinguished  jurists  and  statesmen  as  Marcus  Morton, 
Charles  Sumner,  Joel  Parker,  Henry  Wilson,  Charles 
Allen,  Francis  W.  Bird,  Otis  P.  Lord,  Richard  H.  Dana, 
Jr.,  George  S.  Boutwell,  Amasa  Walker,  Anson  Burlin- 
game,  Nathaniel  P.  Banks,  Robert  Rantoul  and  AVilliam 
Schouler. 

There  is  now  the  same  demand,  just  as  strong  and  non- 
partisan. Recognizing  it,  your  predecessors  of  last  year, 
by  a  large  majority,  adopted  a  resolution  to  amend  the 
Constitution  by  annulling  so  much  of  it  as  requires  the 
payment  of  a  tax  as  a  qualification  for  voting.  This  reso- 
lution now  comes  up  for  your  consideration.  I  strongly 
recommend  immediate  and  favorable  action  upon  it,  and 
its  submission  to  the  people,  as  required  by  the  Constitu- 
tion, at  an  early  day,  —  to  the  end  that  the  suffrage  may 
as  soon  as  possible  be  made  broader,  safer  and  purer,  by 
removing  the  injustice,  danger  and  evil  that  now  sur- 
round it. 

PROPERTY    QUALIFICATION    FOR    GOVERNOR. 

In  this  connection  I  submit  to  your  consideration  the 
question  whether  any  useful  purpose  is  now  served  by 
the  constitutional  qualification  for  governor  that  he  must 
"  at  the  time  of  his  election  ....  be  seized  in  his 
own  right  of  a  freehold  within  the  Commonwealth  of  the 
value  of  one  thousand  pounds."  The  very  terms  of  value 
point  to  a  time  and  circumstances  vastly  diflerent  from 
the  present.  Is  not  this,  our  sole  remaining  property 
qualification,  out  of  date? 

ELECTION    LAWS. 

In  a  government  really  representative,  which  would 
have  law  the  true  expression  of  the  people's  will,  the  pro- 
tection of  elections  from  all  improper  influences  is  next  in 
importance  and  order  to  a  free  and  pure  suffrage.  This 
has  been,  and  should  be,  peculiarly  a  matter  of  state  legis- 
lation. Much  has  already  been  accomplished  by  the  wise 
and  successful  reform  embodied  in  our  ballot  law,  which 
secures  to  every  voter  independence  and  secrec}^,  and  puts 
upon  the  state  a  proper  charge  and  responsibility.     Legis- 


Goveknoe's  Address.  1117 

lation  can  still  do  much  in  the  same  direction.  The 
expenses  attending  nominations  and  elections  are  great 
and  growing,  and  are  believed  by  many  to  be  in  part 
unnecessary  and  in  part  injurious.  Ail  of  them  affect 
public  interests.  In  my  judgment  the  people  have  a 
right  to  know  the  amount  of  such  expenses,  for  w^hat  and 
to  whom  incurred,  and  to  limit  their  amount  and  define 
their  proper  objects.  Expenditures  which  cannot  bear 
the  light  of  day  ought  not  to  be  made. 

Your  immediate  predecessors  considered  this  subject, 
and  passed  in  one  branch  of  the  legislature  "An  Act  to 
secure  the  publication  of  election  expenses,"  as  a  first  and 
proper  step  in  this  direction.  I  commend  this  matter  to 
your  favorable  consideration,  with  the  suggestion  that  this 
act,  to  be  eflectual,  must  be  more  stringent,  and  that  it 
should  be  followed  by  further  legislation. 

THE    BALLOT    LAW. 

The  advantages  of  our  present  ballot  system  are  so 
great  and  universally  acknowledged  that  it  should  be  our 
aim  to  strengthen  it  by  removing  any  just  ground  of  criti- 
cism upon  it.  At  present,  either  through  misunderstand- 
ing or  carelessness,  the  voter  often  fails  to  mark  for  the 
full  number  of  candidates.  In  presidential  elections,  the 
voter  will  be  required  to  mark  separately  the  names  of  at 
least  fourteen  electors  in  order  to  give  full  eflect  to  his  vote 
for  president.  It  is  probable  that  in  this  case  the  evil  of 
partial  voting  will  be  much  increased,  and  may  lead  to  an 
unintentional  division  of  the  electoral  vote  of  the  state.  I 
suggest  that  the  law  be  so  amended  that  a  single  mark 
may  be  a  vote  for  all  the  electors  of  a  party,  with  an 
opportunity  for  the  voter  to  scratch  any  name  and  to 
insert  another.  It  is  desirable  to  encourage 'the  voter  to 
exercise  his  full  right  of  franchise,  and  to  make  it  easy  for 
him  to  do  so,  by  any  means  that  will  not  impair  the  effi- 
ciency of  our  ballot  system. 

Further  and  more  efiectual  notice  of  the  names  of  can- 
didates to  be  balloted  for  should  be  given  to  the  voter 
before  each  election,  —  either  by  the  distribution  by  the 
state  of  sample  ballots,  or  in  some  other  proper  way. 

I  would  suggest  also  for  your  consideration  the  expedi- 
ency of  establishing  some  uniform  and  accurate  system  of 
countino^  and  canvassinii"  the  votes,  in  order  to  avoid  errors 


1118  Goveknoe's  Address. 

now  common.  Such  a  system  could  make  the  accuracy 
of  the  first  count  so  certain  as  to  obviate  or  restrict  the 
necessity  of  any  recount. 

PRECINCT    OFFICERS. 

By  section  75  of  chapter  423  of  the  acts  of  1890  pro- 
vision is  expressly  made  for  the  representation  among 
election  officers  of  the  voters  who  do  not  belong  to  either 
of  the  two  leading  political  parties.  Subsequent  clauses 
in  the  same  section  conflict  with  this  provision  and  defeat 
the  evident  intent  of  the  legislature.  The  matter  deserves 
your  attention  and  correction. 

THE    LOBBY. 

One  thing  above  all  is  necessarj^  to  make  law  the  true 
expression  of  the  people's  will.  Broadening  and  pro- 
tecting the  suffrage,  reforming  and  purifying  elections, 
will  fail  of  this  purpose,  unless  the  law-making  power  is 
protected  from  insidious  and  corrupting  influences,  which 
tend  to  control  legislation  against  the  people's  interest 
and  to  impair  public  confidence  in  its  impartial  enactment. 

There  exists  in  this  state,  as  in  other  states,  an  irre- 
sponsible body  known  as  the  lobby,  representing  or 
preying  upon  special  interests,  which  professes  and  under- 
takes for  hire  to  influence  or  control  legislation.  Its  M'ork 
is  wholly  distinct  and  diflerent  from  the  advocacy  of  one's 
cause  in  person,  or  by  council  or  agent,  which  is  the 
constitutional  right  of  every  one.  It  seeks  often  to  con- 
trol nominations  and  elections,  and  to  sul)ject  the  indi- 
vidual legislator,  directly  or  indirectly,  to  secret  and 
improper  influences.  It  throws  suspicion  upon  the  honest 
and  temptation  in  the  way  of  the  dishonest.  Professing 
power  greater  than  it  has,  it  frequently  extorts  money  as 
the  price  of  its  silence  or  unnecessary  assistance.  It  has 
initiated  legislation  attacking  the  interests  of  its  clients, 
in  order  to  be  hired  to  defend  those  interests.  It  has 
caused  the  expenditure  of  large  sums  of  money  to  obtain 
or  defeat  legislation.  It  cares  little  for  the  merits  of  a 
measure  or  the  means  employed  to  make  it  successful.  In 
my  judgment,  improper  measures  have,  by  its  influence, 
been  made  law,  against  the  public  interest,  and  just 
measures  have  been  defeated.     These  criticisms  are  not 


Governor's  Address.  1119 

based  upon  rumor  or  conjecture,  Ijut  upon  facts  reported 
after  most  thorough  investigations  ])y  your  predecessors, 
who  denounced  in  unsparing  terms  the  evil  and  diligently 
sought  a  remedy. 

In  1887  they  spoke  of  the  methods  thus  employed  as 
"a  struggle  for  success  without  regard  to  means;" 
causing  "a  growing  demoralization;"  and  they  added, 
"  The  venality  and  corruption  which  these  practices 
encourage,  tending  to  defeat  that  right  and  justice  which 
the  state  is  bound  freely  and  without  price  to  bestow,  are 
a  reproach  to  a  free  people."  In  the  same  year,  the  gov- 
ernor, vetoing  a  measure  because  of  the  lobby  influence, 
described  the  lobby  as  "a  pernicious  system,"  and  its 
methods  as  "  a  monstrously  bad  and  corrupting  practice." 
In  1890  a  committee  of  investigation  of  the  house 
reported:  "It  Is  a  fact  beyond  denial  that  a  body  of 
professional  lobbyists  has  for  3'ears  formed  part  of  the 
machinery  of  legislation,  .  .  .  and  has  been  growing  in 
numbers  and  influence,"  and  again  they  denounced  its 
methods.  The  evils  of  the  lobby  have  become  so  flagrant 
and  disgraceful  that  for  the  purity  of  legislation,  the  pro- 
tection of  the  legislature  and  the  fair  name  of  our  Com- 
monwealth, they  demand  your  serious  consideration,  and 
some  stringent  and  radical  remedy.  This  is  a  matter 
which  especially  concerns  the  legislature,  and  therefore 
one  which  the  executive  approaches  with  some  embarrass- 
ment. Yet  I  feel  I  should  be  derelict  in  my  duty  if  I 
failed  to  do  all  in  my  power  to  aid  you  in  its  solution. 

It  is  far  easier  to  state  the  evil  than  to  suggest  the 
remedy.  Clearly  it  is  impossible  and  improper  to  prevent 
a  constituent  or  any  other  person  from  having  the  freest 
access  to  a  legislator.  This  constitutional  right  guaranteed 
to  the  people  gives  opportunity  to  the  lobljy  to  do  its 
work.  Prevention  by  non-intercourse  is  therefore  impos- 
sible. Prevention  by  publicity  is  possible,  and  I  would 
suggest  for  your  consideration  whether  a  remedy  may 
not  be  found  in  this  direction,  b\^  making  it  easier  than  it 
now  is  pulflicly  to  investigate  the  methods  used  and 
money  spent  on  pending  legislation  ;  and  also  by  giving 
power  to  some  proper  ofiicer,  before  a  measure  Anally 
becomes  law,  to  demand  under  oath  a  full  and  detailed 
statement  as  to  these  matters.  The  fear  of  publicity, 
and  through  it  of  defeat,  may  stop  im])roper  practices  by 
making  them  worse  than  useless.    Your  immediate  prede- 


1120  Governor's  Address. 

cessors,  with  an  earnest  desire  to  cure  the  evil,  and 
believing  in  the  remedy  of  publicity,  passed  an  act 
requiring  all  counsel  and  agents  employed  by  any  special 
interest  on  matters  pending  before  the  legislature,  to  be 
registered,  and  a  statement  under  oath  of  all  expenses 
incurred  to  be  made  within  thirty  days  after  the  adjourn- 
ment of  the  legislature.  I  believe  that  good  will  come 
from  this  act,  if  fairly  and  thoroughly  enforced,  but 
that  it  falls  short  of  being  a  sufficient  remedy.  It  makes 
public  the  names  of  all  persons  employed,  but  not  the 
acts  of  the  lobbyist.  It  makes  public  the  expenses 
incurred,  but  too  late  to  affect  the  legislation  for  which 
they  were  incurred. 

I  ask  you  also  to  consider  whether  something  cannot  be 
done  to  relieve  the  legislature  of  much  work  that  seems  to 
be  onerous  and  unnecessary,  to  prolong  its  sessions,  and 
to  give  life  and  strength  to  the  lobby.  Recent  amend- 
ments to  your  rules  have  been  made,  I  am  informed,  with 
this  purpose.  You  may  deem  it  wise  to  make  further 
provision  for  an  earlier  introduction  of  business,  and  for 
its  more  systematic  conduct.  Any  steps  which  would 
tend  to  reduce  suggested  legislation  to  a  specific  form, 
and  to  give  the  fullest  possible  notice  to  the  public  of  the 
exact  status  of  any  matter  pending,  would,  I  am  confident, 
restrict  the  employment  of  the  lobby.  If  additional  cleri- 
cal or  expert  assistance  is  required  for  this  purpose,  the 
state  can  well  afford  to  pay  for  it. 

RELIEF    FROM    SPECIAL    LEGISLATION. 

As  a  further  and  more  fundamental  remedy,  I  submit 
for  3^our  consideration  whether  much  of  the  special  legis- 
lation, which  makes  a  large  proportion  of  the  business  of 
every  session,  cannot  be  avoided  by  the  passage  of  general 
laws  or  by  other  means.  The  Constitutions  of  several 
states  prohibit  all  special  laws.  In  this  state  constant 
applications  for  charters  for  banks,  railroads,  insurance 
companies  and  other  corporations,  which  involved  the 
expenditure  of  large  sums  of  money  and  the  employment 
of  the  lobljy,  led  to  the  passage  of  general  laws  on  these 
and  other  subjects,  which  left  them,  under  proper  limita- 
tions, to  be  settled  as  business  questions,  and  at  once 
relieved  the  legislature  of  much  disaijreeable  and  onerous 
work.     There   seems  to  be  a  necessity  for  further  legisla- 


Governor's  Address.  1121 

tion  in  the  same  direction.  A  general  law  in  reference  to 
public  water  supplies  would  prevent  the  frequent  and 
necessary,  but  often  conflicting,  applications  on  this  sub- 
ject to  the  legislature  by  cities  and  towns,  and  provide  for 
its  broad  and  just  treatment.  The  applications  of  corpora- 
tions for  further  powers  and  privileges  might  well  be 
covered  by  general  laws,  which,  with  careful  restrictions 
protecting  the  rights  of  the  public,  might  give  to  some 
public  authority  jurisdiction  over  such  applications. 

Much  special  legislation  is  enacted  in  behalf  of  cities  and 
towns,  and  is  made  necessary  by  their  limited  powers. 
Twenty-three  cities  and  forty-one  towns  were  the  subjects 
of  special  acts  at  the  last  legislature.  In  my  opinion 
greater  powers  can  be  given  to  cities  and  towns  with 
safety  and  advantage,  not  only  as  a  relief  to  the  legis- 
lature, but  as  a  just  and  proper  extension  of  local  self- 
government.  I  therefore  commend  to  your  consideration 
the  subject  of  enlarging  their  powers  by  general  laws, 
especially  in  matters  of  taxation,  franchises,  municipal 
control  of  municipal  work,  and  ownership  of  the  instru- 
mentalities for  its  performance.  The  exercise  of  such 
powers  can  well  be  left  as  a  question  of  expediency  for 
each  community  to  determine  for  itself. 


CONTROL    OF    MUNICIPAL    FRANCHISES. 

Upon  what  terms  and  conditions  a  city  or  town  shall 
grant  franchises  for  the  use  of  its  public  highways,  and 
what  control  it  shall  have  over  such  franchises  when 
granted,  are  questions  of  public  importance  which  have 
been  much  discussed  and  are  worthy  of  your  serious  con- 
sideration. On  the  one  hand  it  is  urged  that  special 
privileges  in  the  public  highways,  distinct  from  their 
public  use,  ought  to  be  paid  for,  either  by  a  gross  sum  or 
a  tixed  rental  ;  on  the  other  hand  it  is  said  that  such  pay- 
ment, exacted  from  a  corporation  whose  business  is  solely 
with  the  public,  only  adds  an  expense  which  the  public 
finally  pay,  either  in  higher  charges  or  poorer  service. 
Last  year  an  act,  compelling  the  sale  by  auction  of  such 
franchises  in  the  future,  was  passed  by  the  house.  In 
my  judgment  each  community  is  best  fitted,  has  the  right, 
and  ought  to  have  the  power,  to  determine  this  question 
for  itself.  I  therefore  suggest  for  your  consideration  the 
expediency  of  giving  to  cities  and  towns,  with  such  limita- 


1122  Governor's  Address. 

tions  as  you  deem  necessary,  the  power  of  selling  such 
franchises  in  the  future,  and  of  fixino;  the  terms  and  con- 
ditions on  which  they  shall  be  granted.  In  this  and  all 
matters  of  local  administration  let  us  guard  jealously  the 
right  of  local  self-government,  preserve  it  when  possible, 
and  restore  it  where  necessary. 

GEXERAL  MUNICIPAL  LAW.^ 

The  constant  demand  by  our  cities  for  charter  amend- 
inents,  the  apparent  necessity  for  enlarging  their  powers, 
the  number  of  towns  that  soon  will  ask  for  municipal 
cliarters,  the  wisdom  of  having  them  uniform  and  com- 
prehensive, suggest  the  expediency  of  framing  a  general 
municipal  law,  under  which  future  cities  shall  be  incor- 
porated, and  which  can  be  adopted  by  present  cities  if 
they  see  tit.  Under  it  towns,  upon  having  the  required 
and  ascertained  qualifications,  might  after  a  proper  vote 
at  once  organize  a  municipal  government.  Where  differ- 
ent local  circumstances  may  require  different  powers  or 
officers,  discretionary  power  can  be  given  by  the  law. 
If  the  time  and  research  necessary  for  framing  such  a  law 
make  it  impracticable  for  3"our  consideration,  you  ma}^ 
deem  it  expedient  to  have  the  matter  made  the  subject 
of  a  thorough  and  independent  investigation  Ijy  able  and 
experienced  men.  Such  an  investigation  might  at  least 
make  valuable  suggestions  on  the  important  and  difficult 
subject  of  the  best  form  of  proper  municipal  government. 

RAILROAD   PASSES. 

For  many  ^^ears,  I  am  informed,  it  has  been  the  custom 
for  the  railroad  corporations  of  this  state  to  tender  free 
])asses  over  their  respective  roads  to  members  of  the  legisla- 
ture. Even  if  this  is  done  without  purpose  to  create  an 
obligation,  the  custom  is  open  to  just  criticism.  Measures 
in  which  these  corporations  are  interested  are  certain 
to  come  before  the  legislature.  Its  action  ought  to  be 
free  not  only  from  any  ol)ligation,  conscious  or  unconscious, 
l)ut  even  from  a  suspicion  of  such  obligation,  that  the 
public  ma}^  have  full  confidence  in  its  impartiality.  The 
pay  now  allowed  to  a  member  of  the  legislature  for  his  ser- 
vices makes  it  unjust  to  put  upon  him  any  further  expense. 
I  believe  the  giving  of  such  passes  ought  either  to  l)e  for- 


Governor's  Address.  1123 

bidden  or  compelled  by  law,  and  that  any  expense  involved 
should  be  borne  by  the  state.  This  may  be  done  by  a 
fair  and  proper  mileage  system,  which  seems,  however, 
to  require  an  amendment  to  the  Constitution,  mileage  be- 
ing by  it  limited  to  "travelling  to  the  general  assembly 
and  returning  home  once  in  every  session,  and  no  more  ;  " 
or  you  may  deem  it  wise  for  the  state  to  purchase  and  give 
such  passes  ;  or,  if  within  its  power,  to  require  the  railroad 
corporations  to  give  them.  They  could  hardly  ol^ject  to 
a  law  which  should  compel  them  to  do  only  what  they  now 
do  voluntarily. 

Another  custom  of  the  same  character  and  open  to  the 
same  criticism  I  call  to  your  attention,  —  the  entertain- 
ment, often  with  profuse  hospitality,,  of  committees  or  of 
other  members  on  behalf  of  some  special  interest  having 
legislation  pending.  Expenses  of  this  nature,  properly 
incurred,  ought,  in  my  judgment,  to  be  borne  by  the 
state  rather  than  by  the  special  interest,  which  may  there- 
by gain  some  advantage.  The  only  remedy  seems  to  be 
an  absolute  prohibition  of  such  entertainment. 

ADMINISTRATIVE    BOARDS    AMD    COMMISSIONS. 

The  suggestions  I  have  made  in  reference  to  the  suf- 
frage, elections  and  legislation  have  been  with  a  desire 
and  hope  that,  if  they  meet  your  approval,  they  will  tend 
to  make  our  government  more  thoroughly  representative, 
its  laws  a  truer  expression  of  the  people's  will,  and  its 
power  more  directly  within  their  control.  With  the  same 
purpose  I  commend  to  your  consideration  its  system  of 
administrative  and  executive  work.  With  much  truth 
Massachusetts  has  been  described  as  a  commission- 
governed  state.  Its  great  departments  of  education,  health, 
charities,  ])risons,  reform  schools,  almshouse  and  work- 
house, agriculture,  railroads,  insurance,  tisheries,  harbors 
and  lands,  savings  banks,  and  others,  are  governed  by 
independent  boards,  practically  beyond  the  control  of  the 
people.  Besides  these  there  are  commissions  on  gas, 
pharmacy,  dentistry,  civil  service,  arbitration,  cattle, 
wrecks,  pilots,  state  aid,  and  others  for  special  and  tem- 
porary purposes.  Almost  without  exception  the  members 
of  these  boards  are  appointed  by  the  governor,  but  only 
with  the  advice  and  consent  of  nine  other  men.  Their 
tenure  of  office  is  usually  for  a  term  of  several  years,  often 


1124  Governok's  Address. 

without  power  of  removal  by  any  one,  sometimes  subject 
to  removal  for  cause  or  otherwise  by  the  governor  with 
the  same  consent.  The  latter  power  in  effect  necessitates 
a  trial  upon  formal  charges,  which  seldom  would  be  made 
or  could  be  proved,  except  for  flagrant  malfeasance  in 
office.  The  subordinate  officials  are  generally  appointed 
by  the  boards.  These  boards  and  their  work  are  practi- 
cally beyond  the  control  of  the  people,  or  of  any  one 
immediatel}^  responsible  to  them,  except  in  the  limited 
power  of  the  governor  occasionally  to  appoint  a  single 
member.  The  people  of  the  state  might  have  a  most 
decided  opinion  about  the  management  and  work  of 
these  departments,  and  give  emphatic  expression  to  that 
opinion,  and  yet  be  unable  to  control  their  action.  The 
system  gives  great  power  without  proper  responsibility, 
and  tends  to  remove  the  people's  government  from  the 
people's  control.  The  head  of  the-  executive  departments 
of  the  state,  elected  by  the  people  and  directly  responsi- 
ble to  them,  has  but  little  power  and  few  duties,  except 
social  and  perfunctory.  I  make  this  criticism  on  the  sys- 
tem with  full  knowledge  that,  as  a  rule,  the  work  of  these 
boards  has  been  excellent  and  their  members  faithful 
public  servants.  But  Massachusetts  may  not  always  be 
so  fortunate.  Is  it  not  far  safer  to  rely  upon  a  sound 
system  than  on  the  chance  that  a  defective  system  may 
be  made  to  work  well  by  good  officials?  I  submit  that 
the  first  essential  of  sound  administration  is  to  couple 
power  with  responsibilit}'  by  making  it  subject  to  the 
people's  control.  Speaking  of  this  necessity,  one  of  the 
ablest  and  most  experienced  public  officials,  Mr.  Seth 
Low,  has  said,  "  Power  without  responsibility  is  always 
dangerous,  but  power  with  responsibility  to  a  constituency, 
W'hich  can  readily  call  it  to  account,  is  not  dangerous.  It 
is  the  first  requisite  of  efficient  administration." 

To  accomplish  this,  I  suggest  for  your  favorable  con- 
sideration, ^^Vs^  whether  boards  and  commissions,  whose 
work  is  wholly  executive,  ought  not  to  be  departments  of 
state,  each  with  a  single  responsible  head  ;  second,  whether 
power  of  removal  of  their  members,  for  cause  stated, 
ought  not  to  be  oriven  to  the  orovernor  as  the  chief  execu- 
tive,  thereby  compelling  him  to  exercise  a  supervision  of 
their  work,  and  making  him,  and  so  making  them, 
responsible  to  the  people  for  its  administration.  Such 
power  has  been  given  to  the  mayor  of  our  largest  city,  as 


Governor's  Address.  1125 

the  best  and  safest  system  of  municipal  administration. 
Can  it  not  be  safely  intrusted  to  the  governor  of  the  Com- 
monwealth ?  It  makes  any  man  conservative  ;  its  selfish 
use  for  patronage  only  is  fortunately  sure  to  be  both 
disagreeable  and  destructive. 


EDUCATION. 

From  the  earliest  days  Massachusetts  has  generously 
provided  for  the  education  of  her  children  and  maintained 
with  jealous  care  her  public  school  system.  She  has 
wisely  deemed  it  essential  to  the  preservation  of  her 
institutions  and  our  liberties,  and  so  the  concern  of  all 
her  citizens.  It  is  certainly  our  desire,  and  plainly  our 
duty,  not  only  to  uphold  this  system  in  its  full  vigor,  but 
also  to  provide  for  its  progressive  development.  Its 
special  aim  should  be  to  furnish  an  education  beneficial  to 
the  many,  rather  than  exceptional  privileges  to  the  few  ; 
to  equalize  for  all,  as  far  as  practicable,  the  opportunity 
for  education,  by  providing  ampler  means  in  many  places 
now  poorly  circumstanced  and  thus  placed  at  a  great  com- 
parative disadvantage  ;  to  have  its  course  of  study  prac- 
tical, adapted  to  the  condition  and  occupations  of  our 
people,  recognizing  such  new  methods  and  courses  of 
instruction  as,  after  thorough  trial,  have  proved  to  be 
useful  educationally  and  of  immediate  benefit  in  the  work 
of  later  life  ;  and  to  keep  its  control  clear  of  any  spirit 
of  intolerance,  which  cannot  but  weaken  its  influence 
and  limit  its  work. 

In  my  judgment,  industrial  education  and  manual  train- 
ing have  been  so  successful  where  tried,  and  are  of  such 
practical  benefit,  that  I  recommend  to  your  favorable  con- 
sideration their  adoption  as  part  of  the  system  of  instruc- 
tion in  our  public  schools,  at  least  in  some  communities. 
At  present  a  large  proportion  of  the  children  who  enter 
the  grammar  schools  leave  before  graduation.  A  still 
larger  proportion  do  not  enter  the  high  school,  and  com- 
paratively few  graduate  from  it.  In  Boston,  I  am 
informed,  only  about  sixteen  per  cent,  of  the  children 
who  enter  the  grammar  schools  reach  the  high  school,  and 
only  about  five  per  cent,  graduate.  This  is  due,  no  doubt, 
to  the  necessity  of  beginning  early  to  -earn  a  livelihood,  or 
to  get  the  special  experience  and  instruction  necessary  for 
this  purpose.      If  such  instruction  could  be  had  in  the 


1126  Goveenor's  Address. 

public  schools  in  connection  with  other  studies,  many 
children  would  remain  longer.  It  might  then  be  expedi- 
ent to  increase  the  maximum  age  for  compulsory  attend- 
ance at  school,  and  more  easy  to  limit  still  further  the 
employment  of  children  in  manufacturing  and  other 
establishments. 

There  exists  in  this  state  a  great  difference  and  inequal- 
ity in  the  character  and  efficiency  of  the  public  schools  in 
different  places  ;  also  in  the  amount  spent  upon  them  for 
each  pupil,  and  in  the  burden  of  taxation  for  such  expendi- 
ture. Almost  invariably  the  burden  is  heaviest  where  the 
amount  raised  and  spent  is  least,  —  due  to  the  vast  difier- 
ence  in  the  wealth  and  valuation  of  respective  places.  In 
1889  the  averao;e  rate  of  taxation  throusfhout  the  state  for 
all  purposes  was  $14.68,  and  for  school  purposes  (esti- 
mating it  at  25  per  cent,  of  the  total  tax)  $3.67  per 
thousand,  or  an  amount  equal  to  about  $20.00  for  each 
child  between  the  ages  of  five  and  fifteen.  Yet  in  different 
places  there  was  an  endless  variety  in  rate,  differing,  for 
example,  from  64  cents  per  thousand  in  Manchester,  and 
$1.06  in  Nahant,  and  $2.28  in  Milton,  to  $7.48  in  Hol- 
brook,  $8.91  in  Wellfleet,  and  $10.42  in  Palmer.  Yet 
the  amount  spent  for  each  child  in  the  first-named  places 
was  nearly  twice  as  much  as  in  the  last  and  many  times  as 
much  as  in  some  towns.  Necessarily  there  is  a  corre- 
sponding difference  in  their  educational  advantages.  The 
result  is  a  great  inequality  in  the  public  education  of 
children  in  the  state,  and  a  marked  contrast  in  such  edu- 
cation between  the  wealthy  towns  with  few  children  and 
the  poor  towns  with  many  children. 

How  far  this  condition  ought  to  be  and  can  be  remedied 
by  legislation  is  a  matter  worthy  of  your  serious  considera- 
tion. The  state  has  always  recognized  the  education  of 
her  children  as  a  matter  of  state  concern.  She  has  com- 
pelled the  establishment  of  public  schools  of  various  grades, 
prescribed  the  courses  of  study,  enforced  the  attendance 
of  the  children,  exercised  state  supervision  over  the  pub- 
lic schools,  appropriated  money  in  various  ways  to  assist 
in  their  maintenance,  and  required  an  educational  qualifica- 
tion for  the  franchise.  This  she  has  done  while  properly 
recognizing  the  right  of  each  locality  to  control  the  expendi- 
ture of  its  school  money,  and  the  right  of  every  parent  to 
determine  what  school  his  children  shall  attend.  Her 
interference  is  based   upon  the  just  assumption  that  every 


Governor's  Address.  1127 

citizen  is  interested  in  the  proper  education  of  all  her 
children,  and  that  such  education  is  necessary  for  her  own 
safety  and  prosperity.  I  ask  you  to  consider  whether 
she  cannot  properly  go  further,  and  not  onl}^  provide  for 
the  education  of  all,  but  strive  for  the  equal  education  of 
all  to  a  certain  standard,  and  whether  the  richer  localities 
ought  not  to  contribute  something  for  the  public  schools 
of  the  poorer,  upon  the  ground  that  the  interest  of  every 
locality  in  public  education  is  not  limited  to  the  education 
of  its  own  children.  Such  action  would  do  much  to  equalize 
educational  advantages  throughout  the  state,  generally 
improve  the  condition  of  the  public  schools,  do  something 
to  correct  the  gross  inequality  in  general  taxation  that  now 
exists  between  diflerent  places,  and  make  every  tax-payer 
bear  a  fairer  proportion  of  the  cost  of  educating  all  the 
children  in  the  state. 

TAXATION. 

The  inequality  of  the  burdens  of  taxation  in  this  state 
has  been  known  and  felt  for  years,  but  no  adequate  remedy 
for  it  has  yet  been  found  and  applied.  A  subject  so  com- 
plicated in  its  details  and  important  in  its  bearings  requires 
most  thorough  investigation  as  preliminary  to  legislative 
action.  I  have  been  unable  yet  to  make  investigation 
sufficiently  thorough  to  warrant  me  in  making  suggestions 
for  your  consideration,  except  to  commend  for  your  favor- 
able action  the  recommendation  of  my  immediate  prede- 
cessor, "  of  levying  as  a  duty  or  excise,  upon  the  settlement 
of  estates,  a  tax  upon  legacies  and  successions,"  with  proper 
exemptions  and  limitations. 

LABOR    LEGISLATION, 

Though  Massachusetts  has  led  the  states  of  the  Union 
in  this  field  for  many  years,  she  has  not  reached  the  limit 
of  wise  and  progressive  labor  legislation.  Hqr  course  in 
the  past  has  seemed  too  slow  and  conservative  to  some, 
too  radical  to  others,  but  has  been  a[)proved  by  the  great 
mass  of  her  citizens,  and  amply  justified  by  results.  I 
doubt  not  it  commends  itself  to  your  judgment  and  will  be 
continued  with  your  approval ;  and  that  you  will  give  to 
all  labor  legishition  that  discriminating  attention  which 
neither  accepts  everything  because  asked  for  in  the  name 


1128  Governor's  Address. 

of  labor,  nor  rejects  everything  because  opposed  in  the 
name  of  capital. 

I  recommend  to  your  favorable  consideration  the  reduc- 
tion of  the  hours  of  labor  of  women  and  children  employed 
in  factories  and  workshops.  Such  a  law  passed  the  last 
house  of  representatives  and  was  barely  defeated  in  the 
senate.  In  England,  where  it  is  often  claimed  that  the 
condition  of  labor  is  deplorable,  the  hours  of  such  labor 
have  long  been  limited  by  law  to  fift3'-six  a  week.  While 
with  us  the  problem  is  more  complicated,  because  each 
state  has  its  own  legislation  and  no  uniform  statutory 
regulation  of  hours  for  the  whole  nation  is  possible  under 
the  Constitution,  yet  it  is  not  desirable  to  stand  still  be- 
cause there  are  obstacles  in  the  way  of  progress.  Our  very 
dependence  upon  manufactures  requiring  skilled  labor 
should  lead  us  to  adopt  a  liberal  policy  in  respect  to  the 
hours  and  conditions  of  toil,  —  one  which  will  promote 
the  welfare  and  increase  the  utility  of  our  working 
population. 

While  a  general  reduction  in  the  hours  of  labor  must  be 
brought  about  mainly  by  the  organized  action  of  employees, 
it  is  urged,  and  I  believe  with  justice,  that  the  state  should 
lend  its  co-operation  and  the  weight  of  its  example  in  this 
direction.  I,  therefore,  commend  to  your  careful  con- 
sideration the  question  whether  the  time  has  come  to 
reduce  still  further  the  hours  of  labor  of  public  employees 
engaged  in  manual  work.  A  bill  to  prohibit  the  imposi- 
tion of  fines  or  deductions  of  wages  upon  factor}^  operatives 
employed  at  weaving  has  been  considered  by  the  legislature 
for  a  number  of  years,  and  failed  to  pass  last  year  by  a 
single  vote  in  the  senate.  While  legislation  on  this  subject 
is  not  free  from  difficulties,  it  is  desirable  that  the  constant 
friction  which  this  practice  causes  should  be  removed  by 
any  practicable  m^ans.  In  many  factories  this  practice 
does  not  exist,  so  it  cannot  be  an  absolute  necessity.  I 
trust  that  you  may  find  some  satisfactory  solution  of  the 
question. 

Three  years  ago  the  employer's  liability  act  was  passed. 
It  has,  I  believe,  been  just  to  the  employers,  while  it  has 
provided  relief  for  the  families  of  many  workmen  injured 
or  killed  in  the  performance  of  their  duty.  By  a  recent 
decision  of  the  supreme  judicial  court,  the  operation  of 
this  act,  if  death  ensues,  has  been  limited  to  cases  where 
death  was  instantaneous  or  without  conscious   suffering. 


Goveenok's  Address.  1129 

The  wording  of  this  act  no  doubt  fails  to  express  the  real 
purpose  of  the  legislature.  It  is  manifestly  unjust  that 
widows  and  orphans,  otherwise  entitled  to  relief  under 
this  act,  should  be  deprived  of  it  merely  because  there 
was  an  interval  of  conscious  life  after  the  fatal  injury  was 
received.  I  recommend  that  the  act  be  restored  to  its  full 
beneficent  purpose  by  a  suitable  amendment.  Even  when 
so  amended  it  is  not  so  broad  in  its  scope  as  the  law  which 
has  lonof  been  in  force  in  Eno^land. 

The  railroad  employees  in  this  state  feel  a  just  grievance 
that  the  law  passed  in  1884,  which  requires  that  freight 
cars  be  provided  with  automatic  couplers,  and  which  was 
intended  to  give  such  employees  a  long-needed  protection, 
has  failed  of  its  purpose.  The  difficulty  seems  to  be  in  the 
fact  that  a  large  proportion  of  freight  cars  used  here  come 
from  other  states,  and  national  legislation  is  therefore  nec- 
essary. I  strongly  recommend  that  you  petition  congress 
to  take  action,  and  consider  whether  any  further  action 
can  be  taken  by  you  for  the  proper  protection  of  railroad 
employees  against  the  dangers  to  which  they  are  exposed. 

LIQUOR    LEGISLATION. 

I  call  to  your  attention  the  well-known  variety  of  opin- 
ion as  to  the  meaning  of  the  statute  provision  which  forbids 
the  keeping  of  a  public  bar,  and  the  utter  lack  of  agree- 
ment in  its  construction  and  enforcement.  It  is  inconsist- 
ent with  sound  public  policy  that  a  provision  of  law  which 
is  the  same  for  the  whole  Commonwealth  should  be  open  to 
these  objections.  In  my  judgment,  this  provision,  as  con- 
strued and  enforced  in  the  city  of  Boston,  does  not  tend  to 
promote  temperance,  is  not  sustained  by  public  opinion, 
and  ought  to  be  corrected. 

RE-APPORTIONMENT  OF  THE  CONGRESSIONAL  DISTRICTS. 

The  passage  by  congress  of  a  bill  re-apportioning  repre- 
sentatives in  the  house  of  representatives  upon  the  basis 
of  the  census  of  1890,  which  now  seems  probable,  will 
make  it  your  duty  to  divide  the  Commonwealth  into  new 
congressional  districts. 

The  present  political  situation  and  division  of  political 
power  in  this  state  make  this  year  peculiarly  favorable  for 
a  fair  and  honest  treatment  of  this  question. 


1130  Governor's  Address. 

I  strongly  recommend  the  passage  at  the  present  session 
of  such  a  re-districting  bill,  establishing  districts  of  proper 
geographical  shape  and  contiguous  territory,  and  of  such 
political  complexion  as  to  give  to  each  political  party,  as 
nearly  as  possible,  the  representation  to  which  its  numbers 
entitle  it. 

OTHER    RECOMMENDATIONS . 

Greater  uniformity  in  the  legislation  of  the  several  states 
upon  many  subjects,  especially  upon  marriage  and  divorce, 
is  very  desirable,  and  this  requires  concert  of  action  be- 
tween the  states.  To  this  end  New  York  has  appointed  a 
commission,  serving  without  compensation,  and,  through 
this  commission,  requests  like  action  by  this  state,  which 
request  I  commend  to  your  favorable  consideration. 

A  thorough  reform  in  our  system  of  land  transfer  and 
registration,  upon  the  lines  of  legislation  which  has  long 
been  successful  in  other  countries,  and  intended  to  make  it 
safer,  cheaper  and  easier,  will,  I  am  informed,  be  called 
to  your  attention.     It  deserves  your  serious  consideration. 

At  an  early  day,  I  shall  submit  for  your  consideration 
such  recommendations  and  suggestions  of  the  departments, 
as  seem  to  be  of  sufficient  importance  to  be  called  specially 
to  your  attention. 

Senator's  and  Representatives  :  — 

There  is  an  opportunity  for  us  by  wise  and  progressive 
legislation  to  meet  the  just  demands  of  the  people  and 
merit  their  confidence,  to  strengthen  the  institutions  of 
our  beloved  Commonwealth,  and  to  add  something  to  her 
glory  and  prosperity.  Such  inspiring  work  should  lift 
us  above  party  strife,  encourage  mutual  respect  and  confi- 
dence, and  cordial  co-operation  in  the  fearless  and  unselfish 
discharge  of  our  respective  duties.  Then  may  the  law  be 
the  free  and  true  expression  of  the  people's  will,  and  only 
for  their  interest. 


Special  Messages.  1131 


SPECIAL  MESSAGES. 


THE     FOLLOWING     SPECIAL    COMMUNICATIONS    "WERE    MADE     BT    HIS 

EXCELLENCY   THE   GOVERNOR   TO   THE   LEGISLATURE 

DURING   THE   ANNUAL   SESSION. 

[To  the  Senate  and  House  of  Representatives,  Jan.  12,  1891.] 

I  have  the  honor  to  transmit  herewith  to  the  general 
court  a  report  of  the  pardons  granted  in  1890,  left  with 
me  by  my  predecessor  in  office. 

WM.    E.    RUSSELL. 

Jan.  8,  1891. 

I  have  the  honor  herewith  to  present,  in  compliance 
with  chapter  50  of  the  resolves  of  1860,  a  report  of  the 
thirty-four  pardons  issued  by  the  governor,  with  the 
advice  of  the  council,  during  the  year  of  my  administra- 
tion just  closing.  Of  the  number  thus  released,  six  were 
in  the  state  prison,  twenty-three  in  houses  of  correction, 
two  in  the  reformatory  prison  for  women,  and  one  each  in 
the  Massachusetts  reformatory,  house  of  industry  at  Deer 
Island  and  the  Suflblk  County  jail.  Sickness  was  the  con- 
trolling reason  for  the  discharge  of  eleven,  three  of  whom 
have  since  died. 

JOHN  Q.  A.  BRACKETT. 

No.  1.  Selina  Erickson.  Convicted  of  adultery, 
Superior  Court,  Worcester  County,  May  22,  1889.  Sen- 
tenced to  house  of  correction  for  one  year.  Pardoned 
Jan.  8,  1890,  upon  the  recommendation  of  the  district 
attorney.  The  prisoner  had  two  young  children,  six  and 
three  years  of  age  respectively,  who  were  in  the  custody 
of  a  friend.     She  had  been  deserted  by  her  husband  some 


1132  Special  Messages. 

years  ago,  and  had  never  seen  him  since.  The  man  with 
whom  the  act  was  committed  was  desirous  of  marrying 
her.  It  was  by  no  means  an  aggravated  case,  and,  con- 
sidering her  children,  it  was  the  opinion  of  the  pardon 
committee  that  executive  clemency  might  with  good  rea- 
son be  extended  to  her. 

No.  2.  Joseph  Laeochelle.  Convicted  of  larceny, 
Third  District  Court,  Bristol  County,  Aug.  15,  1889. 
Sentenced  to  house  of  correction  for  one  year.  Pardoned 
Jan.  15,  1890,  upon  the  recommendation  of  the  mayor 
and  probation  officer  of  New  Bedford.  The  offence  con- 
sisted of  stealing  some  pigeons  from  another  boy.  He 
was  but  eighteen  years  of  age,  and  this  was  his  first 
offence.  The  probation  officer,  who  had  carefully  investi- 
gated the  case,  believed  that  a  pardon  would  tend  to 
encourage  him  to  lead  a  better  life.  The  judge  certified 
that  he  had  no  objection  to  a  remission  of  the  sentence. 

No.  3.  Joseph  E.  Bartlett.  Convicted  of  adultery, 
Superior  Court,  Essex  County,  Oct.  11,  1888.  Sentenced 
to  house  of  correction  for  two  years.  Pardoned  Jan.  15, 
1890.  The  prisoner  was  convicted  solely  on  his  own 
testimony.  The  district  attorney  certified  that  Bartlett 
was  a  man  of  weak  mind,  and  that  the  offence  was  not  of 
an  open  and  notorious  character.  Ex-city  marshal  King 
of  Lynn,  where  the  crime  was  committed,  appeared  at 
the  hearing  and  urged  that  a  pardon  be  granted,  on  the 
ground  that  the  sentence  was  excessive,  that  he  had 
suffered  much  through  sickness  since  imprisonment,  that 
this  was  his  first  offence,  and  that  if  released  he  would 
become  a  good  citizen. 

No.  4.  Charles  Morris.  Convicted  of  larceny, 
Superior  Court,  Suffolk  County,  April  term,  1888.  Sen- 
tenced to  state  prison  for  three  and  one-half  years. 
Pardoned  Jan.  22,  18H0.  The  prisoner  was  in  an 
advanced  stage  of  pulmonary  consumption,  and,  in  the 
opinion  of  the  prison  physician,  could  not  possibly  live 
many  months  in  prison.  He  was  removed  to  the  home  of 
his  brother,  in  Ohio. 

No.  5.  Annie  Sullivan.  Convicted  of  robbery, 
Superior  Court,  Suffolk  County,  Jan.    16,  1889.      Sen- 


Speciai.  Messages.  1133 

tenced  to  house  of  correction  for  three  years.  Pardoned 
Feb.  27,  1890,  upon  the  recommendation  of  the  district 
attorney.  The  pardon  committee  gave  the  case  careful 
consideration,  and  reported  that  in  their  judgment  the 
prisoner  was  convicted  on  insufficient  evidence,  and  was 
undoubtedly  innocent  of  the  crime  of  which  she  was 
convicted. 

No.  6.  Charles  Edgewood,  alias  Aylward.  Con- 
victed of  violating  the  license  law,  Superior  Court, 
Suffolk  County,  November  term,  1889.  Sentenced  to  the 
house  of  correction  for  three  months,  and  to  pay  a  fine  of 
one  hundred  dollars  and  costs.  Pardoned  March  12,  1890. 
The  prisoner  had  never  had  anything  to  do  with  the  liquor 
business  until  he  married  a  woman  in  the  summer  of  1889, 
who  had  been  engaged  in  it.  Edgewood  was  convicted 
for  the  reason  that  the  law  holds  the  husband  responsible 
for  the  acts  of  his  wife.  The  district  attorney  certified 
"  that  it  would  have  been  more  just  in  this  case  if  the  law 
made  the  wife  responsible,  rather  than  the  husband."  For 
the  above  reasons,  and  as  employment  was  awaiting  him, 
if  discharged,  a  pardon  was  granted. 

No.  7.  Timothy  Sullivan.  Convicted  of  larceny 
and  of  being  a  common  drunkard,  Second  District  Court, 
Bristol  County,  Sept.  12,  1889.  Sentenced  to  the  house 
of  correction  for  seven  months.  Pardoned  March  13, 1890, 
upon  the  certificate  of  the  prison  physician  that  the  pris- 
oner was  in  the  last  stages  of  pulmonary  consumption, 
and  could  live  but  a  short  time.  He  died  a  few  weeks 
after  his  release. 

No.  8.  Mary  A.  Crisp.  Convicted  of  violation  of 
license  law,  Superior  Court,  Worcester  County,  January 
term,  1890.  Sentenced  to  thirty  days  in  house  of  correc- 
tion, and  to  pay  a  fine  of  fifty  dollars  and  costs.  Pardoned 
March  27,  1890,  upon  the  recommendation  of  the  district 
attorney  and  prison  physician.  The  prisoner  was  unable 
to  pay  the  fine  ;  she  was  pregnant,  and  expected  to  be  con- 
fined about  the  middle  of  April ;  for  these  reasons  a  pardon 
was  granted. 

No.  9.  Julia  Simmons.  Convicted  of  violating  license 
law,    Superior    Court,    Suffolk   County,  Feb.    18,    1890. 


1134:  Special  Messages. 

Sentenced  to  pay  a  fine  of  seventy-five  dollars  and  costs. 
Committed  to  Sufiblk  county  jail,  in  default  of  payment 
of  same.  Pardoned  April  23,  1890.  The  prisoner  was 
in  an  advanced  staofe  of  pregnancy,  as  certified  by  the 
prison  physician.  She  also  had  an  infant  fourteen  months 
old,  who  was  sick,  and  needed  a  mother's  care.  For  these 
reasons  a  pardon  was  granted,  as  the  prisoner  was  poor 
and  unable  to  pay  the  tine. 

No.  10.  Dennis  Connor.  Convicted  of  breaking 
and  entering,  Superior  Court,  Worcester  County,  May 
16,  1889.  Sentenced  to  house  of  correction  for  two  years. 
Pardoned  May  7,  1^90,  upon  the  recommendation  of  the 
district  attorney,  county  commissioners  and  master  and 
physician  of  the  house  of  correction,  on  the  ground  that 
the  prisoner  was  in  an  advanced  stage  of  pulmonary  con- 
sumption, with  an  increasing  tendency  to  a  fatal  termina- 
tion if  not  speedily  released. 

No.  11.  Frank  H.  Rice.  Convicted  of  larceny, 
Police  Court  of  Fitchburg,  May  23,  1889.  Sentenced  to 
house  of  correction  for  two  years.  Pardoned  May  23, 
1890,  on  the  ground  that  he  had  been  sufficiently  pun- 
ished, considering  the  crime  committed  and  its  attending 
circumstances.  It  appeared  that  he  had  no  counsel  at  his 
trial,  and  that,  if  his  case  had  been  properly  presented,  he 
would  undoubtedly  have  been  placed  on  probation.  The 
pardon  was  recommended  by  the  justice  who  imposed  the 
sentence,  the  mayor  and  city  marshal  of  Fitchburg,  and 
the  complainant. 

No.  12.  James  O.  Dean.  Convicted  of  adultery, 
Superior  Court,  Middlesex  County,  Nov.  18,  1889.  Sen- 
tenced to  house  of  correction  for  fifteen  months.  Par- 
doned June  4,  1890,  on  the  recommendation  of  the  select- 
men and  other  prominent  citizens  of  Way  land,  where  the 
crime  was  committed.  This  was  the  prisoner's  first 
ofience.  His  only  child,  a  boy  of  eleven  years  of  age,  and 
a  cripple,  was  incurably  ill  with  a  spinal  disease,  and 
according  to  the  physician's  certificate,  would  probably 
live  but  a  few  weeks.  His  condition  was  pitiful ;  he  was 
continually  calling  for  his  father,  to  whom  he  was  much 
attached.  A  pardon  was  granted  on  the  grounds  of  mercy 
and  humanity. 


Special  Messages.  1135 

No.  13.  Charles  F.  Dewey.  Convicted  of  forgery, 
Superior  Court,  Suffolk  County,  Jan.  22,  1884.  Sen- 
tenced to  state  prison  for  eight  years.  Pardoned  June 
4,  1890,  on  the  recommendation  of  Kidder,  Peabody  & 
Co.,  tlie  complainants,  detective  Hanscom,  the  arresting 
officer,  and  Dr.  Sawin,  the  prison  physician.  The  pris- 
oner, after  deducting  time  for  good  behavior,  had  less 
than  four  months  to  serve.  His  health  was  rapidly  fail- 
ing, and,  in  the  opinion  of  the  prison  physician,  there  was 
great  dang-er  of  his  becoming  insane  if  obliged  to  serve 
the  remainder  of  his  sentence.  For  this  reason  he  was 
pardoned. 

No.  14.  Frank  Britton.  Convicted  of  robbery, 
Superior  Court,  Bristol  County,  Feb.  4,  1889.  Sentenced 
to  state  prison  for  three  years.  Pardoned  June  12,  1890. 
The  prisoner  was  in  the  last  stages  of  pulmonary  con- 
sumption. The  prison  physician  certifying  that  he  could 
live  but  two  or  three  months  if  he  remained  in  prison,  he 
was  pardoned  that  he  might  be  removed  to  his  home  to 
die  among  his  friends. 

No.  15.  Edward  S.  Pierce.  Convicted  of  assault, 
Superior  Court,  Suffolk  County,  May  term,  1889.  Sen- 
tenced to  house  of  correction  for  eighteen  months.  Par- 
doned July  3,  1890,  upon  the  certificate  of  the  prison 
physician  that  the  prisoner  was  fatally  ill  with  consump- 
tion, and  that  it  appeared  likely  that  he  could  not  long 
survive.     He  died  about  a  week  after  his  release. 

No.  16.  William  H.  Dodge.  Convicted  of  larceny, 
Superior  Court,  Middlesex  County,  Feb.  19,  1890.  Sen- 
tenced to  house  of  correction  for  eighteen  months.  Par- 
doned  .July  24,  1890,  upon  the  recommendation  of  the 
prison  ph3'sician.  The  prisoner  was  suffering  from  an 
incipient  spinal  paralysis.  He  had  lost  the  sight  of  one 
eye  entirely,  and  the  sight  of  the  other  was  partially 
gone.  It  was  the  opinion  of  the  prison  physician  that 
every  hour  spent  in  prison  was  shortening  the  prisoner's 
life.     For  these  reasons  a  pardon  was  granted. 

No.  17.  Arthur  A.  Notes.  Convicted  of  breaking 
and  entering,  Superior  Court,  Suffolk  County,  Aug.  28, 
1882.     Sentenced  to  ten  years  in  state  prison.     Pardoned 


1136  Special  Messages. 

Aug.  1,  1890.  The  prisoner's  record  in  prison  had  been 
perfect.  Deducting  the  time  allowed  to  him  for  good 
behavior,  his  sentence  would  have  expired  Aug.  28,  1890. 
This  was  his  first  and  only  crime.  The  complainant  was 
one  of  the  petitioners  for  his  pardon,  and  personally 
appeared  and  strongly  urged  that  it  be  granted,  as  he 
believed  that  the  prisoner  would  not  be  guilty  of  criminal 
conduct  again.  While  in  the  discharge  of  his  duty  in  the 
prison  Noyes  met  with  an  accident  by  which  he  narrowly 
escaped  the  loss  of  his  sight.  As  only  four  weeks  of  his 
sentence  remained  unexpired,  it  was  the  opinion  of  the 
pardon  committee  that  the  good  of  the  prisoner  and  the 
interest  of  the  public  would  be  furthered  by  the  exercise 
of  executive  clemency. 

No.  18.  Frederick  H.  Bisch.  Convicted  of  violating 
license  law,  Superior  Court,  Middlesex  County,  Nov.  18, 

1889.  Sentenced  under  two  indictments  to  the  house  of 
correction  for  nine  months,  and  to  pay  a  fine  of  two  hun- 
dred dollars  and  costs.  Pardoned  Aug.  9,  1890.  Bisch 
was  suffering  from  paralysis  and  articular  rheumatism. 
At  times  he  was  absolutely  helpless,  and  had  to  have  two 
nurses  in  constant  attendance.  Owing  to  his  physical 
condition,  and  the  fact  that  he  had  served  his  sentence 
and  was  utterly  unable  to  pay  the  fine  and  costs,  a  pardon 
was  granted. 

No.  19.  Fannie  Aldus.  Convicted  of  larceny,  Supe- 
rior Court,  Suffolk  County,  March  term,  1890.  Sentenced 
to  house  of  correction  for  eight  months.  Pardoned  Oct. 
1,  1890.  The  prisoner  was  pregnant.  The  prison  phy- 
sician certified  that  she  would  probably  be  delivered 
before  October  15. 

Nos.  20  and  21.  Albert  Webb  and  Mary  O'Neil. 
Convicted  of  lewd  and  lascivious  cohabitation,  Municipal 
Court,  Charlestown  District,  Feb.  20,  1890.  Sentenced 
to  the  house  of  industry  for  one  year.     Pardoned  Oct.  1, 

1890,  upon  the  recommendation  of  judge  Bragg,  who 
imposed  the  sentence,  and  Hon.  C.  J.  Prescott,  one  of  the 
commissioners  of  institutions  of  the  city  of  Boston.  The 
prisoners  having  been  married  since  their  conviction,  and 
a  child  also  having  been  born  in  prison,  it  was  thought 
best  for  all  concerned  that  a  pardon  should  be  granted. 


Special  Messages.  1137 

Xo.  22.  Benjamin  J.  Banquoit.  Convicted  of  lar- 
ceny, Municipal  Court,  Boston,  Sept.  27,  1890.  Banquoit 
was  sentenced  to  six  months'  imprisonment  in  the  house 
of  correction  ;  he  appealed  from  said  sentence,  and  judge 
Forsaith,  the  presiding  magistrate,  fixed  the  bail  on  said 
appeal  in  the  sum  of  $500  ;  but,  through  some  misunder- 
standing, the  clerk  of  said  court  issued  a  mittimus,  by 
virtue  of  which  Banquoit  was  committed  to  the  house 
of  correction,  where  he  was  confined  unlawfully  and  in 
violation  of  his  right  of  apjieal.  After  a  careful  investi- 
gation by  the  pardon  committee,  and  upon  the  recommen- 
dation of  judoe  Forsaith,  a  pardon  was  granted  Oct.  29, 
1890. 

No.  23.  Salina  Crozier.  Convicted  of  being  a  com- 
mon drunkard.  District  Court,  Eastern  Berkshire,  April  8, 
1890.  Sentenced  to  the  reformatory  prison  for  women 
for  one  year.  Pardoned  Oct.  30,  1890,  upon  the  recom- 
mendation of  many  prominent  citizens  of  Dalton,  where 
the  offence  was  committed,  and  of  judge  Tucker,  the  jus- 
tice who  imposed  the  sentence,  and  who  were  of  the  opin- 
ion that  the  punishments  she  had  already  suffered  were 
sufficient  and  that  hereafter  she  would  refrain  from  the 
use  of  intoxicating  liquor.  She  had  three  children  under 
twelve  years  of  age,  who  greatly  needed  a  mother's  care. 

No.  24.  Timothy  O'Brien.  Convicted  of  felonious 
assault,  Superior  Court,  Middlesex  County,  Nov.  9,  1888. 
Sentenced  to  the  house  of  correction  for  three  years. 
Pardoned  Nov.  12,  1890.  Since  the  prisoner's  trial  facts 
had  come  to  light  seriously  affecting  the  credibility  of  the 
witness  upon  whose  testimony  O'Brien  was  convicted,  con- 
sequently there  were  grave  doubts  regarding  his  guilt. 
The  district  attorney  joined  with  the  petitioners  in  recom- 
mending a  pardon. 

No.  25.  George  A.  Sellers.  Convicted  of  larceny, 
Superior  Court,  Suffolk  County,  Oct.  29,  1889.  Sen- 
tenced lo  fifteen  months  in  house  of  correction.  Par- 
doned Nov.  14,  1890,  at  the  earnest  solicitation  of  his 
former  employer,  whom  he  had  wronged,  but  who  was 
satisfied  that  he  had  reformed  and  would  become  a  good 
citizen,  and  who  would  immediately  give  him  employment 


1138  Special  Messages. 

again  if  released.     But  thirty  days  of  the  term  of  his 
sentence  remained. 

No.  26.  Thomas  Linsky.  Convicted  of  assault  on  an 
officer,  Superior  Court,  Suffolk  County,  December  term, 
1889.  Sentenced  to  two  years  in  house  of  correction. 
Pardoned  Nov,  17,  1890.  The  prisoner  was  in  an 
advanced  stage  of  pulmonary  consumption,  and,  in  the 
opinion  of  the  prison  physician,  could  live  but  a  short 
time.     He  died  on  the  following  day. 

No.  27.  (hvEN  McEnine.  It  appears  that  he  was  tried 
in  the  Municipal  Court  of  Boston,  on  a  complaint  for  com- 
mitting the  crime  of  larceny,  and  sentenced  to  the  house 
of  correction  for  eight  months,  from  which  sentence  he 
appealed  to  the  Superior  Court,  as  he  in  law  had  a  right 
to  do.  Owing  to  a  misunderstanding,  he  was  committed 
upon  the  sentence,  and  the  appeal  was  not  regarded.  The 
defendant  had  been  by  mistake  illegally  imprisoned,  and 
ought  to  be  restored  to  his  rights  by  process  of  law,  or  be 
pardoned.  As  complications  of  the  case  were  many,  and 
it  would  require  considerable  labor  and  time  to  get  the 
matter  corrected  in  the  courts  ;  and  considering  ail  this 
and  the  fact  that  he  had  been  in  prison  since  August  14, 
upon  the  recommendations  of  the  attorney-general  and 
of  the  judge  who  imposed  the  sentence,  a  pardon  was 
granted  Nov.  19,  1890. 

No.  28.  William  E.  Bridgett.  Convicted  of  burn- 
ing a  building,  Superior  Court,  Dukes  Count3S  June  1, 
1889.  Sentenced  to  house  of  correction  for  three  years. 
Pardoned  Nov.  ^G,  1890.  His  pardon  was  earnestly 
desired  by  almost  the  entire  community  of  Cottage  City, 
where  the  crime  was  committed.  Bridgett  had  been  a 
man  of  good  character,  and  this  was  his  first  offence. 
Intoxication  was  the  inspiring  cause  of  the  crime  for  which 
he  was  convicted.  The  tire  was  extinguished  before  any 
damage  was  done.  The  district  attorney  concurred  in 
the  recommendation. 

No.  29.  Henry  Pike.  Convicted  of  breaking  and  enter- 
ing, armed  with  a  dangerous  weapon,  Superior  Court,  ^lid- 
dlesex  County,  Feb.  2,  1875.  Sentenced  to  state  prison 
for  life.     Pardoned  Nov.  27,  1890,  as  an  act  of  executive 


Special  Messages.  1139 

clemency  for  Thanksgiving  day.  Pike  had  been  an 
exceptionally  good  prisoner.  He  had  won  the  respect 
not  only  of  the  prison  officers  but  also  of  his  fellow  con- 
victs, all  of  the  other  life  men  waiving  their  claims  for 
release  by  pardon  in  his  favor.  He  had  also  attracted  the 
attention  of  a  visitor  at  the  prison,  who,  having  confidence 
in  his  good  intentions,  offered  to  furnish  him  with  the'means 
to  go  to  the  west,  where  he  had  relatives  and  a  prospect 
of  obtaining  honest  employment.  Pike  was  sentenced  at 
a  time  when  the  penalties  were  more  severe  than  those 
now  usually  imposed  on  persons  guilty  of  the  crime  of 
which  he  was  convicted,  and  he  was  condemned  to  suffer 
the  extreme  penalty  of  the  law  which  he  had  violated. 
Since  that  time  sentences  for  such  a  crime  have  rarely 
exceeded  twenty  years'  imprisonment,  and  he  had  served 
what,  with  the  allowance  of  time  for  good  behavior,  was 
nearly  equivalent  to  a  term  of  that  duration.  He  had  in 
every  way  possible  shown  that  he  is  a  man  who  has 
repented  of  his  evil  ways  and  acts,  and  there  is  abundant 
reason  to  believe  that  he  will  become  a  worthy  and  useful 
member  of  society. 

No.  30.  Frank  H.  Wenzell.  Convicted  of  robbery, 
Superior  Court,  Middlesex  County,  March  5,  1875.  Sen- 
tenced to  state  prison  for  life.  Pardoned  Nov.  27,  1890, 
as  an  act  of  executive  clemency  for  Thanksgiving  day. 
Wenzell  had  an  exceptionally  good  prison  record  ;  he  had 
done  faithfully  the  work  required  of  him,  and  he  had 
never  during  the  entire  term  of  his  imprisonment  been 
guilty  of  a  single  violation  of  the  prison  rules.  Sentences 
for  like  offences  do  not  usually  exceed  twenty  years  ;  and, 
had  he  been  sentenced  for  that  term,  the  allowance  of  time 
to  which  he  would  have  been  entitled  for  good  conduct 
would  have  reduced  the  period  of  his  imprisonment  nearly 
to  that  for  which  he  had  served.  He  had  shown  by  every 
means  in  his  power  that  he  was  a  reformed  man.  He  is 
of  industrious  habits,  and  there  is  reason  to  believe  that 
he  will  regain  an  honorable  position  in  society. 

No.  31.  Tho3ias  Murphy.  Convicted  of  vagrancy, 
Municipal  Court,  Roxl)ury,  Nov.  4,  1890.  Sentenced  to 
the  Massachusetts  reformatory,  on  an  indeterminate  sen- 
tence. Pardoned  Dec.  17,  1890,  upon  the  recommenda- 
tion of  the  justice  who  imposed  the  penalty,  on  the  ground 


1140  Special  Messages. 

that,  had  he  known  all  the  facts  in  the  case  at  the  time  of 
the  trial,  he  should  not  have  sentenced  him. 

No.  32.  James  A.  Carey.  Convicted  of  burnino:  a 
building,  Superior  Court,  Worcester  County,  Oct.  22, 
1888.  Sentenced  to  house  of  correction  for  three  years. 
Pardoned  Dec.  24,  1890,  upon  the  recommendation  of  the 
district  attorney,  trial  justice  Hill,  and  the  selectmen  and 
prominent  citizens  of  Spencer,  where  the  crime  was  com- 
mitted. Carey's  former  reputation  had  been  of  the  best. 
The  committee  were  of  the  opinion  that  his  mental  con- 
dition was  such  at  the  time  the  crime  was  committed, 
owing  to  business  and  other  troubles,  that  he  was  not 
responsible  for  his  acts. 

No.  33.  Catherine  Patterson.  Convicted  of  adul- 
tery, Superior  Court,  Essex  County,  May  14,  1889. 
Sentenced  to  three  years  in  house  of  correction.  Par- 
doned Dec.  31,  1890,  on  the  recommendation  of  the  dis- 
trict attorney  who  tried  the  case,  the  prison  physician, 
and  the  city  marshals  of  Salem  and  Lynn,  on  account  of 
serious  illness. 

No.  34.  Margaret  Arnold.  Convicted  of  being  a 
common  drunkard.  Municipal  Court,  Boston,  April  15, 
1890.  Sentenced  to  reformatory  prison  for  women  for 
eighteen  months.  Pardoned  Jan.  7,  1891.  Her  husband, 
who  complained  of  her,  petitioned  for  her  pardon,  the 
probable  cause  of  her  irritation  having  been  removed.  He 
is  foreman  in  the  service  of  a  manufacturing  company, 
and  his  employer  promises  to  look  out  for  her.  She  has 
two  children,  who  need  her  care,  and  a  good  home  on  the 
grounds  of  the  factory  to  which  she  will  go. 

[To  the  Honorable  Senate  and  House  of  Representatives,  Jan.  13,  1891.] 
I  transmit  to   you  herewith  for  your  information  and 

use,  the  accompanying  documents,  viz.  : 

Sixth  annual  report  of  the  board  of  police  for  the  city 

of  Boston. 

Second  annual  report  of  the  state  house  construction 

commissioners. 

[To  the  Honorable  Senate  and  House  of  Representatives,  Jan.  16,  1891.] 

I  submit  herewith  the  following  recommendations  and 
suggestions  of  the  departments  which  have  been  made  by 


Special  Messages.  1141 

them  to  me  with  the  purpose  of  having  them  called  specially 
to  your  attention  :  — 

Of  the  secretary  of  state,  that  chapter  413  of  the  acts  of 
1889  be  amended  in  its  provisions  as  to  the  delivery  of 
ballots. 

Of  the  state  treasurer,  for  further  legislation  in  regard  to 
the  trust  deposits  in  his  custody.  Also  that  legislation  is 
necessary  in  reference  to  $15,000  recently  received  by  the 
state  from  the  United  States  government. 

Of  the  hoard  of  lunacy  and  charity,  for  an  early  appro- 
priation for  the  erection  of  buildings  for  the  chronic  insane, 
on  land  already  purchased  under  authority  of  chapter  445  of 
the  acts  of  1890. 

Of  the  commiffsioners  of  prisons,  for  additional  legislation 
to  secure  the  enforcement  of  the  probation  law  ;  and  suggest- 
ing the  expediency  of  establishing  an  asylum  for  the  confine- 
ment of  insane  criminals 

Of  the  superintendent  of  prisons,  suggesting  legislation 
in  regard  to  the  classification  of  prisoners  into  grades,  their 
employment  and  partial  compensation  for  their  labor,  as 
provided  in  the  New  York  law  of  1889. 

Of  the  superintendent  of  the  reformatory ,  for  an  amend- 
ment to  the  present  law  in  reference  to  labor  in  the  penal, 
correctional  and  reformatory  institutions. 

Of  the  superintendent  of  the  reformatory  prison  for 
women,  that  certain  classes  of  women  now  detained  there 
should  be  provided  for  elsewhere. 

Of  the  trustees  of  the  state  primary  and  reform  schools, 
for  an  appropriation  for  the  erection  of  a  "  cottage  for  the 
little  children  at  Monson." 

Of  the  railroad  co77imissioners,  for  uniform  legislation 
throughout  the  country,  compelling  the  use  of  automatic 
couplers  and  brakes  on  freight  cars,  and  the  necessity  of  the 
legislature  bringing  the  subject  to  the  attention  of  con- 
gress ;  also  for  more  stringent  legislation  to  prevent  persons 
walking  on  railroad  tracks. 

Of  the  board  of  agriculture,  that  "  the  agriculturists  of 
the  state  are  earnest  for  the  enactment  of  a  law  that  shall 
forbid  the  coloring  of  oleomargarine  in  imitation  of  butter," 
and  are  "particularly  desirous  for  legislation  that  will 
equalize  taxation." 

Of  the  metropolitan  seioerage  commission,  that  deposits 
forfeited  by  bidders  on  contracts  should  be  added  to  its 
appropriation,  rather  than  as  now  to  the  general  funds  of 
the  state. 


1142  Special  Messages. 

Of  the  jjilot  commission^  for  a  change  in  the  law  as  to 
their  appointment,  compensation  and  control. 

Of  the  military  and  naval  historian,  for  an  increase  in 
the  appropriation  for  his  "  necessary  expenses,"  which 
seems  imperative  to  enable  him  successfully  to  continue 
his  valuable  and  useful  work. 

Of  the  comtnissio)ier  of  public  records,  calling  attention 
to  "  the  deplorable  condition  "of  the  records  in  many  towns, 
and  recommending  a  revision  of  the  law  in  reference  to 
town  clerks. 

Of  the  conti'oller  of  county  accounts,  that  trial  justices 
be  abolished. 

The  militia  is  reported  as  in  an  effective  and  satisfactory 
condition,  and  in  readiness  for  any  emergency.  Its  duty 
has  been  well  done  the  past  year.  No  doubt  it  has  the  full 
confidence  of  our  citizens  and  will  receive  your  earnest 
support. 

[To  the  Honorable  Senate  and  House  of  Representatives,  Jan.  23,  1891.] 

I  transmit  to  you  herewith  for  your  information  and 
use  the  report  of  the  commissioners  of  the  topographical 
survey  of  this  Commonwealth,  for  the  year  1890. 

[To  the  Honorable  Senate  and  House  of  Representatives,  Jan.  27,  1891.] 

I  submit,  herewith,  various  communications  and  docu- 
ments received  in  reference  to  the  World's  Columbian 
Exposition,  which  is  to  be  held  in  Chicago  in  1893  : 

1.  Communication  from  the  Massachusetts  state  board 
of  agriculture  relative  to  the  same  subject,  and  accom- 
panying letter  to  said  board  from  the  chief  of  the  depart- 
ment of  agriculture  of  the  World's  Columbian  Exposition. 

2.  Copy  of  the  joint  resolution  by  the  general  assem- 
bly of  the  state  of  Vermont,  relative  to  this  subject. 

3.  Draft  of  a  general  form  of  bill  providing  for  state 
organization  and  state  exhibits,  as  submitted  by  George 
R.  Davis,  director-general  of  said  exposition. 

4.  Report  of  the  special  committee  of  conference  on 
jurisdiction,  as  adopted  by  the  directory  of  the  World's 
Columbian  Exposition. 

5.  Letter  from  Jno.  T.  Dickinson,  secretary  of  said 
exposition,  with  references  to  manual  of  the  commission 
accompanying  same. 

The  managers  of  said  exposition  earnestly  request  that 
this  Commonwealth,  at  an  early  day,  provide  for  a  proper 


Special  Messages.  1143 

exhibition  there  of  her  resources.     I  submit  the  matter 
for  your  consideration. 

[To  the  Honorable  Senate  and  House  of  Representatives,  Jan.  30,  1891.] 

As  supplemental  to  my  message  of  Jan.  16,  1891, 
which  submitted  to  you  certain  recommendations  and 
suggestions  of  the  departments,  and  in  order  that  you 
may  know  more  in  detail  what  they  are,  I  submit  here- 
with the  original  papers  containing  them. 

[To  the  Honorable  Senate  and  House  of  Representatives,  Feb.jlS,  1891.] 

I  have  the  honor  to  transmit  to  you  herewith  an  attested 
copy  of  an  act  of  congress,  approved  Feb.  7,  1891, 
entitled:  "  An  act  making  apportionment  of  representa- 
tives in  congress  among  the  several  states  under  the 
eleventh  census,"  the  same  having  been  forwarded  to  me 
by  the  secretary  of  state  of  the  United  States. 

[To  the  Honorable  Senate  and  House  of  Representatives,  Feb.  13,  1891.] 

I  have  the  honor  to  transmit  to  you  herewith  the  invita- 
tion of  the  state  of  Vermont  for  the  Commonwealth  of 
Massachusetts  to  unite  with  the  states  of  Vermont  and 
New  Hampshire  in  the  dedication  of  the  Bennington  Battle 
Monument,  and  the  celebration  of  the  one  hundredth  anni- 
versary of  the  admission  of  Vermont  as  a  state,  which  will 
take  place  at  Bennington,  Aug.  16,  1891. 

[To  the  Honorable  Senate  and  House  of  Representatives,  Feb.  17, 1891.] 

In  my  inaugural  address  I  referred  to  the  fact  that  the 
subject  of  a  thorough  reform  in  our  system  of  land  regis- 
tration and  transfer  would  be  brought  before  you,  and  com- 
mended the  matter  to  your  serious  consideration.  Since 
that  time  public-spirited  citizens  and  various  business 
organizations  have  been  manifesting  an  interest  in  this 
question,  and  through  the  press  and  otherwise  it  is  coming 
prominently  before  the  people  for  discussion.  In  view  of 
the  great  benetits  which  I  believe  can  be  realized  by  the 
adoption  of  new  methods,  I  deem  it  proper  to  bring  the 
matter  specially  and  prominently  to  your  attention. 

I  believe  that  the  Australian  system  of  land  registration 
and  transfer,  more  commonly  referred  to,  from  the  name 
of  its  originator,  as  the  Torrens  system,  is  the  longest  step 
that  has  yet  been  taken  anywhere  towards  that  freedom, 
security  and  cheapness  of  land  transfer  which  is  conceded 


1144  Special  Messages. 

to  be  so  desirable  in  the  interest  of  the  people.  Our  citi- 
zens demand  the  enactment  of  the  best  legislation  that  can 
be  devised,  whether  originated  here  or  elsewhere,  and 
while  another  country,  whose  conditions  are  similar  to  our 
own,  has  gained  the  credit  of  first  adopting  the  admirable 
and  simple  plan  of  land  transfer  which  I  now  call  to  your 
attention,  we  can  yet  be  the  first  among  the  states  of  the 
Union  to  place  this  legislation  upon  our  statute  book  and 
to  lead  the  way  in  its  adoption  by  the  American  people, 
as  we  have  already  done  in  the  case  of  the  Australian 
ballot.  The  universal  favor  with  which  this  latter  system 
has  been  received  by  our  people  should  at  least  remov^e 
any  prejudice  against  following  the  legislation  of  the  same 
country  in  another  respect. 

The  need  of  some  new  system  of  land  transfer  is  shown 
by  the  growing  public  dissatisfaction  caused  by  the  delays 
and  expense  attending  our  present  system  of  registration 
of  deeds.  That  system  has  existed  in  this  Commonwealth 
for  a  little  more  than  two  hundred  and  forty  years.  In 
former  days  when  our  population  was  smaller  it  apparently 
satisfied  the  popular  demand  ;  but  with  increase  of  popula- 
tion it  has  become  less  serviceable.  Our  people  are  now 
largely  concentrated  in  cities  and  populous  towns.  The 
last  national  census  shows  that  forty-seven  cities  and 
towns,  having  each  more  than  eight  thousand  inhabitants, 
contain  seventy  per  cent,  of  our  whole  population.  The 
density  of  the  population  with  the  greater  subdivision  of 
land  and  increase  of  real  estate  transactions  which  it  in- 
volves is  reflected  in  the  mass  of  the  records  in  our  regis- 
tries of  deeds.  The  four  containing  the  largest  number  of 
volumes  are  those  of  the  Middlesex  south  district,  of 
Suflblk  county,  of  the  Worcester  district  and  of  the  Essex 
south  district.  These  contain  respectively  at  the  present 
time,  2,022,  1,979,  1,355  and  1,300  volumes.  The  in- 
crease in  the  number  of  volumes  in  three  of  these  regis- 
tries during  the  period  of  thirty  years  from  the  end  of  the 
year  1860  to  the  end  of  the  year  1890  was  as  follows  :  — 
In  the  Suffolk  registry  from  790  to  1,974  volumes,  an 
increase  of  150  per  cent.  ;  in  the  Middlesex  south  district 
registry,  from  872  to  2,014  volumes,  an  increase  of  131 
per  cent.,  and  in  the  Essex  south  district  registry,  from 
617  to  1,297  volumes,  an  increase  of  110  per  cent.  These 
figures  indicate  such  a  rapid  growth  in  the  mass  of  the 
records  that  at  no  distant  day  even  the  question  of  provid- 


Special  Messages.  1145 

ing  room  for  the  records  will  be  a  matter  of  serious  con- 
cern. But  we  are  already  met  by  the  more  serious 
difficulty  that  the  present  mass  of  records  is  so  great  that 
much  time  and  labor  must  be  spent  in  searches  in  order  to 
ascertain  the  transactions  which  affect  the  title  to  any 
piece  of  land.  This  causes  delay  and  expense  in  com- 
pleting transfers  even  if  the  most  complete  methods  of 
indexing  should  be  employed,  so  as  to  reduce  to  a  mini- 
mum the  time  required  in  searching  the  records  —  and 
our  present  methods  are  by  no  means  perfect.  The  delay 
and  expense  attending  the  present  system  form  a  serious 
tax  upon  purchasers  and  mortgagors  ot"  land,  which  bears 
with  especial  weight  upon  owners  of  small  estates. 

The  tirst  point  which  should  be  noted  in  connection  with 
the  Torrens  system  is  that  its  use  is  optional  and  not  com-, 
pulsory  ;  existing  methods  of  transfer  can  be  continued 
precisely  as  at  present.  It  remains  entirely  within  the 
option  of  every  land  owner  whether  he  will  avail  himself 
of  the  privileges  offered  by  the  new  system  or  not,  and 
therefore  no  one  loses  any  right  which  he  now  possesses. 
The  new  method  must  secure  support  from  the  public  not 
through  compulsory  legislation  but  through  the  greater 
advautao^es  which  it  offers. 

Under  the  Torrens  system  the  state  provides  for  a  public 
registration  of  titles.  Any  person  claiming  to  own  a  piece 
of  land  can  apply  for  registration  of  his  title  to  a  public 
officer  clothed  with  judicial  powers  and  called  the  registrar 
of  titles.  The  applicant  submits  his  deed,  plans  and  other 
evidences  of  title.  The  registrar  then  causes  an  examina- 
tion to  be  made,  and  after  proper  notice  and  proceedings 
to  enable  all  persons  who  may  appear  to  have  any  adverse 
interests  to  assert  them,  if  the  title  appears  to  be  good  and 
no  adverse  claim  is  made,  a  certificate  of  title  to  the  land 
is  issued  to  the  applicant.  If  such  claims  are  made,  action 
upon  the  application  is  suspended  until  the  same  are  dis- 
posed of  by  proceedings  in  the  proper  court.  Any  recog- 
nized encumbrances  or  limitations,  such  as  mortgages, 
easements,  trusts,  etc.,  are  noted  on  the  certificate. 
Duplicate  copies  of  the  certificate  are  made  out ;  one  is 
given  to  the  applicant  and  the  other  is  retained  by  the 
registrar  and  bound  up  in  a  volume.  The  title  so  regis- 
tered is  made  by  law  indefeasible,  that  is,  the  certificate 
is  given  the  effect  of  a  decree  of  court  which  cannot  be 
questioned.     The  law  also  establishes  the  principle,  "no 


1146  Special  Messages. 

transfer  except  upon  the  books,"  by  which  is  meant  that 
no  subsequent  act  or  proceeding  is  allowed  to  aiFect  the 
title  to  land  once  regfistered,  unless  it  is  brouo^ht  to  the 
attention  of  the  registrar  and  a  proper  memorandum  stat- 
ing its  effect  is  endorsed  on  the  certificate.  It  is  there- 
fore possible  under  the  Torrens  system  to  ascertain  the 
state  of  the  title  to  any  piece  of  land  brought  under  it  by 
simply  inspecting  the  certificate  on  record. 

The  contrasts  between  our  present  sj'stem  of  registration 
of  deeds  and  the  Torrens  system  of  registration  of  titles 
are  very  marked.  Under  our  system  title  to  land  depends 
not  only  upon  instruments  recorded  in  the  registry  of 
deeds,  but  also  upon  facts  and  proceedings  which  lie  out- 
side of  those  records.  There  is  a  constant  increase  in  the 
mass  of  records  of  deeds  and  of  proceedings  affecting  titles 
to  land,  which  makes  the  work  of  examination  a  constantly 
growing  burden.  If  any  man's  title  to  a  piece  of  land  is 
questioned  or  attacked  by  any  particular  person  the  Com- 
monwealth has  provided  courts  with  appropriate  jurisdic- 
tion in  which  the  owner  can  have  his  riofhts  ascertainid 
and  established  as  against  that  person.  But  it  has  failed 
to  provide  any  method  by  which  one  can  have  his  title 
ascertained  and  established  as  against  all  the  world. 
Under  our  practice  a  nevv  examination  of  the  title  is 
usually  made  upon  each  sale  or  mortgage  of  a  piece  of 
land,  in  spite  of  the  fact  that  sufficient  examinations  may 
have  been  made  in  former  transactions.  These  repeated 
re-examinations,  generally  needless,  not  only  cause  useless 
expense  but  delays  which  often  involve  a  serious  loss. 

Under  the  Torrens  system  an  official  examination  of  title 
is  substituted  for  an  unofficial  one,  and  the  result  when 
once  sufficiently  ascertained  is  given  conclusive  effect  in 
favor  of  the  owner,  and  his  title  is  made  perfect  against  all 
the  world.  In  effect  under  the  Torrens  system  the  state 
provides  a  proper  court  in  which  any  one  can  have  his 
rights  in  relation  to  a  piece  of  land  declared  and  established, 
not  only  as  against  particular  persons  who  may  have  an 
adverse  interest  upon  special  notice  to  them,  but  also  as 
against  everybod\ .  The  principle  of  basins:  decrees  upon 
general  notice  to  all  persons  interested  already  prevails 
in  our  probate  law.  Laws  providing  for  the  removal  of 
clouds  upon  title  t(»  land  after  general  notice  to  all 
unknown  defendants  exist  in  many  states  of  the  Union, 
and  the   validity  of  decrees  made   under  such   laws  has 


Special  Messages.  1147 

Iteon  established  by  decisions  of  the  supreme  court  of  the 
United  States. 

The  contrasts  in  practical  effect  between  the  two  systems 
are  therefore  very  great  Under  the  system  of  registration 
of  deeds,  we  have  needless  expense  from  repeated  re-exam- 
inations, loss  from  delays,  and  possible  insecurity  arising 
from  the  fact  that  title  depends  not  only  upon  the  records 
l)ut  also  upon  facts  outside  of  the  records  and  not  disclosed 
by  them.  Under  the  Torrens  system,  the  title  is  examined, 
once  for  all,  and  there  is  no  needless  re-examination  ;  as 
all  subsequent  acts  and  proceedings  must  be  brought  one 
l)y  one  to  the  registrar  to  be  noted,  the  state  of  the  title 
can  be  ascertained  at  any  time  by  simple  inspection  ot  the 
certificate  on  record.  Therefore,  with  the  added  advantage 
of  great  simplification  of  the  forms  of  legal  instruments, 
transfers  can  be  made  quickly,  easily  and  at  small  expense  ; 
and,  further,  there  is  absolute  security  in  the  possession 
of  the  premises  bought,  resulting  from  the  indefeasibility 
given  to  the  certificate  of  title  issued  by  the  state.  The 
result  is  that  under  the  Torrens  system  real  estate  can  be 
transferred  or  pledged  for  loans  with  almost  as  much  ease 
as  stock  in  corporations. 

A  further  feature  of  the  system  is  worth}'  of  notice. 
When  land  is  first  registered  and  a  certificate  of  title  is 
issued,  or  when  it  passes  by  will  or  descent  on  the  death 
of  an  owner,  the  applicant,  devisee  or  heir  is  required  to 
pay  a  small  percentage  of  the  value  of  the  land,  generally 
about  one-fifth  of  one  per  cent.,  into  the  public  treasury. 
The  sums  so  paid  form  an  "Assurance  Fund  "  which  is 
held  for  the  payment  of  indemnity  to  any  person  who  may 
have  had  some  claim  upon,  or  interest  in,  land  admitted 
to  registration,  and  who  failed  to  receive  notice  of  the 
application,  or  for  other  sufficient  cause  did  not  assert  his 
claim.  Under  our  system,  on  the  other  hand,  a  purchaser 
may  have  paid  full  value  for  his  land,  yet  if  .any  outstand- 
ing claim  or  interest  is  overlooked,  he  is  obliged  to  make 
further  payment  and  may  be  remitted  for  his  remedy  to  a 
suit  upon  covenants  which  have  no  practical  value. 

Again,  technical  claims  are  sometimes  passed  over  by 
one  attorney  as  of  no  consequence,  but  b}^  subsequent 
requirement  of  some  other  attorney,  who  thinks  them  of 
importance,  the  owner  may  be  subjected  to  delay  and 
expense  in  obtaining  a  release. 

Such  being,  in  brief,  the  features  of  the  Torrens  system 


1148  Special  Messages. 

as  contrasted  with  that  which  we  now  employ,  argument 
seems  almost  superfluous  in  support  of  the  advisability  of 
adopting  it.  While  a  system  which  gives  absolute  security 
of  title  and  makes  transfers  easy,  quick  and  inexpensive, 
tends  to  make  all  land  more  valuable,  its  benefits  will  be 
especially  felt  by  two  great  classes  of  our  people,  —  the 
small  land  owners  and  the  borrowers  upon  mortgage. 
Widely  distributed  proprietorship  of  land  and  the  owner- 
ship by  the  people,  to  the  greatest  possible  extent,  of  the 
homes  in  which  they  live,  are  so  obviously  desirable  that  I 
need  not  dwell  upon  them.  It  is  evident  that  the  masses 
of  the  people  are  more  injuriously  afiected  by  the  insecurity 
and  expense  connected  with  our  present  system  than  the 
rich  ;  the  smaller  the  piece  of  real  estate,  the  greater  is 
the  proportionate  expense  of  transferring  it.  Under  the 
Torrens  system,  the  expenses  of  transfer  are  based  upon  a 
fixed  percentage  of  the  value  of  the  estate,  so  that  a  small 
estate  is  not  subjected  to  a  greater  proportionate  charge 
than  a  large  one.  Then,  too,  ease  and  cheapness  of  trans- 
fer are  of  more  consequence  to  a  man  whose  whole  property 
is  invested  in  a  small  piece  of  real  estate,  than  to  the  large 
land  owner,  as  it  is  more  important  to  the  former  to  be 
able  easily  to  dispose  of  his  property  to  meet  any  sudden 
exigency. 

The  convenience  and  relief  afforded  by  this  new  system 
to  all  who  borrow  upon  mortgage  will  be  very  great.  The 
facility  of  raising  money  easily  and  cheaply  upon  landed 
security  is  of  great  consequence  to  the  prosperity  and 
development  of  a  community.  By  abolishing  the  tax 
formerly  imposed  upon  mortgages,  our  state  has  already 
relieved  borrowers  of  one  unjust  and  oppressive  burden, 
to  the  great  advantage  of  the  public,  and  the  additional 
step  now  proposed  will  confer  further  benefit  in  the  same 
direction.  The  power  of  readily  pledging  real  estate  will 
also  prove  of  great  importance  to  the  business  communit3^ 
At  present  the  delays  involved  in  an  examination  of  title 
often  prevent  a  business  man  from  obtaining  a  needed 
advance  to  meet  a  sudden  stringency  in  the  money  market. 
At  times  when  loans  are  contracted  and  credit  is  shaken  it 
would  be  of  great  benefit  to  business  if  all  the  real  estate 
of  the  community,  possessing,  as  it  does,  greater  stability 
of  value  than  anvthins:  else,  could  be  made  as  immediately 
available  as  a  means  of  raising  money  as  stocks  of  goods 
or  other  personal  property. 


Special  Messages.  1149 

The  Torrens  system  of  registration  of  title  was  an  adap- 
tation to  land  of  a  system  of  registration  of  title  to  ship- 
ping. It  was  established  in  the  colony  of  South  Australia 
in  the  year  1856.  It  has  since  been  adopted  in  the  other 
Australian  colonies,  in  New  Zealand,  British  Columbia 
and  in  the  city  of  Toronto  in  a  modified  form  :  it  was 
established  in  part  in  Ireland  soon  after  the  year  1863, 
and  as  the  result  of  a  Ions;  agitation  in  England  a  bill 
embodying  it  was  brought  forward  as  a  government  meas- 
ure at  the  last  session  of  Parliament.  Systems  of  dealing 
with  land  which  give  like  facilities  of  transfer  have  long 
existed  in  some  of  the  continental  countries  of  Europe. 
The  successful  use  of  the  Torrens  system  for  nearly  a 
generation  in  Australia,  its  introduction  into  other  English 
possessions,  all  deriving  their  system  of  law  from  the  same 
source  as  ourselves,  show  that  it  can  be  easily  adapted  to 
our  circumstances. 

Full  statistics  of  the  expenses  attending  the  system  are 
not  available  to  me,  but  some  figures,  reduced  to  our  cur- 
rency, are  worthy  of  your  attention.  The  expense  of 
originally  obtaining  a  registration  for  a  piece  of  land  varies 
from  $15  to  $100,  according  to  the  testimony  of  one  offi- 
cial. It  is  also  stated  that  a  force  of  fourteen  officers  and 
clerks  sufficed  for  a  business  of  17,000  transactions  annu- 
ally, the  cost  of  salaries  and  office  expenses  being  some- 
thing under  $35,000  per  annum.  In  New  Zealand  for  the 
year  ending  June  30,  1879,  the  average  cost  of  each  of 
17,422  registrations  of  sales  and  mortgages,  covering 
property  to  the  value  of  nearly  $38,000,000,  was  only 
$5.50. 

I  believe  the  present  legislature  can  go  far  enough  into 
this  matter  to  become  satisfied  that  the  proposed  system, 
is  both  desirable  and  practicable,  and  to  take  action  look- 
ing to  its  adoption.  Jt  is  evident,  however,  that  before  a 
proper  bill  can  be  drafted  for  its  application  in  this 
Commonwealth  the  whole  subject  should  receive  the  most 
careful  and  painstaking  investigation,  ample  opportunity 
should  be  afforded  for  all  persons  interested  to  express 
their  views  and  to  make  suggestions,  and  the  machinery'" 
for  carrying  out  the  new  system  should  be  thoroughly 
planned.  It  will  also  be  found  desirable,  no  doubt,  to 
make  some  other  changes  in  our  present  laws  relating  to 
land  in  connection  with  the  adoption  of  the  new  system  of 
transfer.     I  recognize  that  it  is  entirely  impossible  for  a 


1150  Special  Messages. 

committee  of  the  legislature,  burdened  with  the  duty  of 
hearing  and  reporting  upon  many  important  matters  in  a 
limited  time,  to  undertake  the  framing  of  such  a  statute. 
'"^  I  therefore  recommend  the  appointment  of  a  special 
commission,  to  be  charged  with  the  duty  of  giving  public 
hearings  on  this  matter,  and  reporting  to  the  next  legis- 
lature the  draft  of  a  proper  act,  together  with  any  amend- 
ments of  our  present  law  which  should  accompany  it. 
While  I  have  in  my  inaugural  address  asked  you  to 
consider  whether  our  present  system  of  administrative 
commissions  is  a  sound  one,  a  commission  of  this  character, 
created  for  the  purpose  of  hearing  evidence  upon  a  special 
subject  of  large  importance  and  involving  much  intricacy 
of  detail,  and  reporting  a  bill  for  the  information  and 
assistance  of  the  legislature,  is  not  only  unobjectionable 
in  principle  under  our  form  of  government,  but  useful  in 
practice.  I  believe,  moreover,  that  with  a  reasonable 
sum  allowed  for  clerical  expenses,  competent  men,  who 
would  command  the  confidence  and  support  of  the  public, 
can  be  induced  to  serve  upon  this  proposed  commission 
out  of  public  spirit  and  without  compensation.  Before  the 
meeting  of  the  next  legislature  there  will  be  ample  time 
for  the  performance  of  the  work  involved,  and  in  m}^  judg- 
ment public  sentiment  will  have  so  ripened  by  that  time 
in  support  of  the  proposed  legislation  that  its  enactment 
could  be  easily  secured. 

[To  the  Honorable  Senate  and  House  of  Representatives,  Feb.  25,  1891.] 

In  the  session  of  the  legislature  of  1890  the  attention 
of  that  body  was  called  to  the  fact  that  a  noxious  foreign 
insect  known  as  the  gypsy  moth  had  become  naturalized 
in  and  about  the  town  of  Medford.  In  the  two  preceding 
years  it  had  rapidly  extended  the  field  it  had  occupied 
and  caused  much  damage  to  vegetation.  It  is  a  well- 
known  fact  that  this  pest,  which  is  a  native  of  Europe,  is 
a  source  of  great  loss  to  the  people  in  the  countries  whence 
it  came.  The  testimony  given  before  a  committee  of  the 
legislature  concerning  the  injury  which  may  be  expected 
to  arise  from  the  ravages  of  this  insect,  provided  it  is 
allowed  to  spread  over  this  country,  was  so  conclusive 
that  the  legislature,  by  chapter  95,  acts  of  1890,  provided 
for  the  appointment  of  a  commission  to  prevent  its  spread- 
ing and  to  secure  its  extermination,  and  appropriated  the 
sum  of  twenty-five  thousand  dollars  —  which  was  after- 


Special  Messages.  1151 

wards  increased  to  fifty  thousand  dollars — to  be  used  for 
this  purpose.  Three  commissioners  were  appointed  under 
the  authority  of  said  act,  and  oro;anized  March  22,  1890. 
The  compensation  of  said  commissioners  was  established 
by  the  oovernor  and  council  at  one  thousand  dollars, 
twelve  hundred  dollars  and  eighteen  hundred  dollars, 
respectively,  for  the  three  commissioners, — in  all  four 
thousand  dollars.  The  tenure  of  office  of  said  commis- 
sioners is  fixed  by  section  5  of  said  act  which  declares 
that  the  "  governor  may  terminate  their  commissions  at 
his  pleasure."  Acting  under  said  authority  I  have  this 
day  terminated  the  commissions  of  all  of  said  commis- 
sioners, for  cause  which  is  stated  in  detail  in  a  communi- 
cation to-day  sent  by  me  to  the  honorable  the  executive 
council. 

In  place  of  said  commissioners  I  have  nominated  Wil- 
liam R.  Sessions,  secretary  of  the  state  board  of  agri- 
culture, Prof.  N.  S.  Shaler  of  Cambridge,  and  Francis  ' 
H.  Appleton  of  Peabody,  both  members  of  the  state 
board  of  agriculture.  These  nominations,  in  accordance 
with  the  wish  of  the  nominees,  have  been  made  upon  the 
distinct  understanding  that  their  services  shall  be  given 
gratuitously. 

The  work  to  be  done  to  prevent  the  spreading  and  to 
secure  the  extermination  of  this  pest  is  so  important  that 
prompt,  judicious  and  energetic  action  is  necessary  to  keep 
the  evil  from  l)ecoming  wide-spread  and  ineradicable.  Each 
year  that  any  individuals  of  this  species  are  allowed  to  re- 
main on  our  soil  makes  the  chance  of  its  spreading  the 
more  serious.  Two  years  ago  it  occupied  only  a  small 
area  in  the  town  of  Medford.  It  now  has  spread  to  some 
adjacent  towns  and,  in  the  opinion  of  the  late  commis- 
sioners, covers  a  territory  of  at  least  fifty  square  miles ; 
and  unless  at  once  checked  it  soon  will  be  quite  beyond  con- 
trol. If  the  evil  cannot  be  arrested  by  the  means  at  com- 
mand of  the  Commonwealth,  the  fact  should  be  at  once 
ascertained.  In  that  event  it  would  be  proper  to  give 
notice  to  the  federal  authorities,  so  that  they  may  have  a 
chance  to  consider  what  their  course  will  be. 

In  my  judgment  this  important  work  has  not  been  prop- 
erly done  in  the  past,  nor  has  it  been  in  proper  hands. 
I  believe  that  a  paid  commission  has  lieen  not  only  in- 
efficient but  has  been  substituted  for  a  board  that  can  and 
ought  to  assume  this  work  and  that  can  deal  with  it  most 
efficiently  and  with  a  proper  sense  of  responsibility.     The 


1152  Special  Messages. 

interests  that  are  menaced  by  this  evil  are  interests  in  the 
immediate  charge  of  the  state  board  of  agriculture,  a  body 
of  nearly  fifty  persons,  selected  for  their  expert  knowledge 
of  that  occupation  and  their  willingness  to  contribute  to  its 
needs.  When  the  crops  of  our  fields  and  our  forests  are 
menaced  by  such  a  danger  it  seems  especially  fit  to  call  up- 
on this  board  for  the  services  which  its  members  can  so 
well  render.  A  special  committee  of  said  board,  recently 
appointed  to  represent  the  board  in  "  matters  of  legisla- 
tion and  agitation  concerning  the  destruction  of  the  gypsy 
moth,"  in  a  report  made  to  me  and  herewith  submitted  for 
your  consideration,  says:  •' Should  it  seem  to  the  legis- 
lature desirable  to  commit  the  serious  task  of  exterminating 
this  insect  to  the  state  board  of  agriculture  we  believe  it 
would  be  possible,  through  a  committee  appointed  by  that 
body,  with  the  aid  of  proper  experts,  to  deal  with  the  danger 
in  an  efficient  wa3^" 

I  therefore  recommend  that  chapter  95,  acts  of  1890, 
establishing  a  paid  commission  for  this  work,  be  repealed, 
and  that  the  unexpended  balance  of  the  appropriation  here- 
tofore made  be  transferred  to  the  state  board  of  agriculture 
to  be  expended  under  its  direction,  and  that  any  further 
appropriation  necessary  to  be  made  be  thus  expended. 
The  advantages  of  such  a  course  are  :  — 

First.  A  needless  commission,  with  salaries  of  four 
thousand  dollars,  will  be  abolished. 

Second.  This  important  work  will  be  placed  in  the 
hands  of  a  responsible  body  immediately  in  contact  with 
the  agricultural  interests  of  the  whole  state. 

Third.  The  control  of  the  work  will  be  in  the  hands  of 
experienced  men  having  no  selfish  interest  or  other  interest 
than  promptly  and  efficiently  to  deal  with  the  evil  and 
finish  their  work  as  quickly  as  possible. 

The  nominations  I  have  made  to  fill  the  vacancies  have 
been  for  the  purpose  of  haviug  some  one  in  charge  of  the 
Avork  while  the  matter  is  under  consideration  by  the  legis- 
lature, and  also  to  show  that  capable  men  connected  with 
the  board  of  agriculture  are  willing  to  do  this  work  gra- 
tuitously. It  was  understood  by  them  that  this  recom- 
mendation for  the  abolition  of  the  commission  would  be 
made  for  your  consideration. 

[To  the  Honorable  Senate  and  House  of  Representatives,  March  3, 1891.] 

My  attention  was  called  some  time  since  to  the  system 
of  manufacturino;  clothins;  in   tenement   houses    both  in 


Special  Messages.  1153 

New  York  and  in  this  state,  and  it  was  alleged  that  such 
system,  popularl}'  known  as  the  "  sweating  system,"  was 
dangerous  to  the  public  health  and  that  it  produced  a 
condition  of  life  and  labor  that  was  highly  injurious  to 
the  public  interests. 

I  have  deemed  the  matter  of  sufficient  importance  to 
call  for  a  thorough  investigation  by  officers  of  the  inspec- 
tion department  of  the  state  district  police.  By  my 
direction  such  an  investigation  has  been  made  both  in 
New  York  and  here.  I  submit  herewith  the  report  of 
such  investigation  made  to  me  l\y  the  chief  of  the  dis- 
trict police,  and  the  reports  of  the  officers  detailed  by 
him  for  this  work. 

I  call  your  attention  to  the  opinion  of  the  chief  ex- 
pressed in  his  report  as  follows:  "The  investigations 
made  by  this  department  fully  corroborate  the  testimony 
of  others  in  their  complaints  of  the  uncleanly  and  too 
often  filthy  surroundings  attending  the  manufacture  of 
clothing  in  New  York  tenement  houses,  and  the  large 
amount  manufactured  for  dealers  in  ready-made  clothing 
in  Boston  alone  calls  for  legislative  intervention  for  the 
protection  of  our  citizens  from  the  infected  product  of 
New  York  tenement  houses." 

I  call  your  attention  also  to  the  fifth  annual  report  of 
the  factory  inspectors  of  the  state  of  New  York,  trans- 
mitted to  the  legislature  of  that  state,  Jan.  26,  1891,  and 
especially  to  pages  27  to  29,  in  which  they  deal  with  this 
subject.  In  it  they  say  :  "If  ever  an  epidemic  occurs  in 
this  country,  these  'sweat  shops'  will  be  potent  factors 
in  propagating  the  germs  of  the  plague.  The  clothing 
made  in  them  affords  exceptional  means  for  distributing 
disease,  more  especially  as  it  is  usually  of  a  cheap  grade, 
and  is  mostly  sold  to  people  who  have  not  always  the 
opportunity,  even  if  they  had  the  desire,  to  guard  against 
contagion  by  habits  of  personal  cleanliness  and  home  sur- 
roundings of  a  healthy  character." 

I  recommend  a  full  inquiry  by  you  into  this  matter 
through  your  proper  committee. 

[To  the  Honorable  Senate  and  House  of  Representatives,  March  17,  1891.] 

I  have  the  honor  to  transmit  to  you  herewith,  a  detailed 

report  made  to  me  by  Horace  G.  Wadlin,  chief  of  the 

bureau    of  statistics  of   labor,  containing  statistical    and 

other  information  as  to  the  "  sweating  system,"  so  called, 


1154  Special  Messages. 

which  may  be  of  service  to  the  legislature  in  its  considera- 
tion of  this  subject. 

[To  the  Honorable  Senate  and  House  of  Representatives,  March  18, 1891.] 

I  transmit  herewith  a  copy  of  an  act  of  congress, 
approved  March  2,  1891,  entitled  :  "  An  act  to  credit  and 
pay  to  the  several  states  and  territories  and  the  District  of 
Columbia  all  moneys  collected  under  the  direct  tax  levied 
by  the  act  of  congress,  approved  August  fifth,  eighteen 
hundred  and  sixty-one:"  also,  a  letter  to  me  from  the 
treasurer  and  receiver-general  of  the  Commonwealth  in 
reference  to  said  act. 

1  call  to  your  attention  section  three  of  the  act  submitted 
which  requires  action  l)y  the  legislature  before  any  money 
can  be  paid  to  this  Commonwealth  under  the  provisions 
of  the  act. 

[To  the  Honorable  Senate  and  House  of  Representatives,  March  23,  1891.] 

There  has  existed  at  the  state  prison  for  some  time  a 
condition  of  affairs  that  is  unsatisfactory  and  demands  3'our 
attention.  During  the  past  year  there  has  lieen  insubordi- 
nation, even  to  the  point  of  riot  and  rebellion,  amongst  the 
prisoners ;  a  lack  of  harmony  between  the  warden  and 
some  of  the  subordinate  officers,  which  is  subversive  of 
proper  prison  di^^cipline,  and  disagreement  between  the 
warden  and  the  prison  commissioners.  Public  opinion 
has  been  aroused  by  the  repeated  insubordination  of  the 
prisoners  and  their  frequent  escapes,  by  the  finding  of 
keys,  saws  and  other  implements,  and,  in  one  instance,  of 
firearms  in  their  possession,  and  by  other  acts  which  seem 
to  show  negligence  at  least  on  the  part  of  some  oflScers 
in  control. 

I  have  made  suflicient  investigation  of  these  matters  to 
convince  me  that  our  system  of  prison  management  and 
control  is  largely  at  fault,  and  ought  to  be  corrected. 

In  my  judgment  there  is  no  institution  of  the  Common- 
wealth more  difficult  to  manage  well  than  the  state  prison. 
This  requires  not  only  good  officials  but  a  proper  system. 
Such  system,  as  its  first  requisite,  should  give  ample  power 
to  those  in  control,  concentrate  responsibility  upon  them, 
and  make  them  answerable  for  its  discharge  to  a  proper 
authority  over  them.  Our  present  system  fails  in  this 
respect.  It  divides  the  management  of  the  prison  amongst 
various  officials  not  properly  suboidinate  one  to  the  other. 


Special  Messages.  1155 

It  gives  them  important  duties,  but  so  limits  their  powers 
as  to  impede  them  in  the  discharge  of  these  duties  ;  and 
so  distributes  responsibility  as  to  make  no  one  properly 
responsible. 

The  warden,  who  is  primaril}'^  responsible  for  the  man- 
agement of  the  prison,  has  no  power  to  appoint  or  remove 
any  of  his  principal  subordinate  officers,  except  subject  to 
the  approval  of  the  prison  commissioners.  In  case  of  a 
disagreement  with  them  over  a  removal,  he  has  a  right  of 
appeal  to  the  governor  and  council.  So  that  in  the  selec- 
tion and  control  of  a  force  that  ought  to  be  under  the  strict- 
est discipline,  at  least  two  and  perhaps  three  diflerent  sets 
of  officials  ma}'^  have  a  hand,  and  may  come  in  conflict. 

The  prison  commissioners,  the  board  in  control  of  the 
state  prison,  have  no  power  whatever  over  the  warden 
either  in  his  appointment  or  removal ;  nor  over  any  of  his 
officers  except  as  a  check  upon  his  action. 

The  governor,  who  appoints  the  warden  with  the  con- 
sent of  the  council,  and  can  remove  him  at  his  pleasure, 
has  nothing  to  do  with  the  management  of  the  prison,  and 
no  real  power  over  the  board  of  commissioners  except 
occasionally  to  appoint  a  member. 

In  addition  to  these  various  officials  in  charge  of  the  state 
prison,  in  1887  there  was  created  by  statute  an  official  known 
as  the  superintendent  of  prisons,  whose  dut}^  is  "  to  estab- 
lish and  maintain  in  the  state  prison,  reformatories  and  the 
houses  of  correction  in  the  Commonwealth  such  industries 
as  may,  from  time  to  time,  be  determined  upon  by  him 
and  the  wai'den,  superintendent  and  master.'^  He  "  or  the 
warden  or  master  under  his  supervision,"  is  to  purchase 
the  material  used  and  to  sell  the  manufactured  goods.  He 
holds  his  office  "at  the  discretion  of  the  governor,"  and 
has  no  power  over  nor  connection  with  the  board  of 
prison  commissioners,  nor  have  they  over  or  with  him. 
His  duty  seems  to  require  the  co-operation  and  assistance 
of  the  warden  and  master  ;  and  costs  the  state  in  his  salary 
$3,500;  clerical  assistance,  $1,000;  travelling  expenses, 
$500  ;  incidentals  and  rent,  $1,500  ;  in  all,  $6,50"0  a  year.  In 
my  judgment  this  office,  with  its  present  very  limited  duties 
is  unnecessary  and  should  be  abolished.  These  duties  can 
be  and  should  be  performed  by  the  various  boards  in 
charge  of  the  respective  institutions  or  by  the  heads  of  such 
institutions  under  the  direction  of  said  boards.  In  New 
York,  where  such  office  exists  it  supplanted  the  board  in 


1156  Special  Messages. 

charge  of  the  prisons  and  that  official  was  given  "the 
superintendence,  management  and  control  of  all  state 
prisons,"  with  power  to  appoint  "all  agents,  wardens, 
physicians  and  chaplains  of  the  prisons,"  and  with  "  all  the 
powers"  and  "all  the  duties"  of  said  board.  Practi- 
cally he  has  charge  of  the  whole  prison  system,  and  is 
subject  to  removal  at  any  time  by  the  governor  for  cause. 
Such  a  system  gives  responsible  control  and  management 
by  providing  ample  power  where  duty  is  imposed,  and 
])roper  and  undivided  authority  over  subordinate  officials. 
While  the  systems  in  other  important  states  differ  greatly, 
I  have  been  unable  to  tind  in  any  of  them  such  anomalous 
condition  as  exists  here,  but  in  all  there  is  far  greater 
responsibility  in  prison  management.  In  Illinois  the 
commissioners  have  full  control  of  the  appointment  and 
removal  of  the  warden  and  principal  officers,  and  are  them- 
selves subject  to  removal  by  the  governor  at  his  discretion. 
In  Pennsylvania  the  commissioners  (called  inspectors) 
appoint  semi-annually  the  wardens,  physicians  and  clerks, 
and  the  wardens  appoint  and  dismiss  their  subordinate 
officers  in  their  discretion.  In  Ohio  the  commissioners 
are  subject  to  removal  at  the  discretion  of  the  governor ; 
they  have  full  power  over  the  warden,  and  he  has  power 
to  remove  his  subordinate  officers  for  cause,  though  he 
appoints  them  subject  to  the  consent  of  the  commissioners. 

In  New  Hampshire  there  are  no  prison  commissioners. 
The  governor  and  council  appoint  the  warden  and  all  the 
officers  of  the  prison,  and  have  general  control  of  it. 

In  my  judgment  a  more  efficient,  responsible,  and  satis- 
factory prison  management  can  be  obtained  by  making 
certain  changes  in  our  present  system,  if  it  is  deemed  wise 
to  continue  the  control  of  our  prisons  by  a  board  of  com- 
missioners. I  submit,  therefore,  for  your  consideration 
the  following  recommendations  :  — 

1.  That  the  office  of  superintendent  of  prisons  be  abol- 
ished, and  its  duties  and  powers  transferred  to  the  respec- 
tive boards  in  charge  of  the  institutions  with  which  it  is 
connected,  or  to  the  heads  of  such  institutions  under  the 
supervision  of  such  boards. 

2.  That  the  warden  of  the  state  prison  be  given  full 
power  to  appoint,  and  remove  for  cause  stated,  his  subor- 
dinate officers. 

3.  That  the  board  of  prison  commissioners  be  given 
full  power  to  appoint,  and  remove  for  cause  stated,  the 


Special  Messages.  1157 

warden,  chaplain,  and  physician  and  surgeon  of  the 
prison. 

4.  That  the  governor  be  given  full  power  to  remove 
for  cause  stated  any  member  of  the  board  of  prison  com- 
missioners. 

These  suggestions,  if  adopted,  in  my  judgment  will 
establish  a  system  of  prison  management  which  gives  to 
each  official  the  power  proper  and  necessary  for  the  dis- 
charge of  his  duty,  and  concentrates  responsibility  where 
it  properly  belongs.  Under  such  a  system,  if  there  is  lack 
of  discipline,  insubordination  or  mismanagement  at  the 
prison  the  subordinate  officers  are  answerable  for  it  to  the 
warden,  w^ho  has  the  power  and  responsibility  of  correct- 
ing the  trouble.  For  the  proper  exercise  of  his  power 
the  warden  is  answerable  to  the  prison  commissioners, 
they  to  the  governor,  and  the  governor  to  the  people  of 
the  Commonwealth. 

[To  tbe  Honorable  Senate  and  House  of  Representatives,  March  27,  1891.] 

I  have  the  honor  to  transmit  to  you  herewith  a  report 
made  by  the  commissioners  appointed  under  the  pro- 
visions of  chapter  24,  resolves  of  1890,  to  inquire  into 
the  authenticity  of  the  bust  in  Doric  Hall,  marked  Samuel 
Adams. 

I  call  to  3^our  attention  their  finding  that  the  ])ust  in 
Doric  Hall  whose  pedestal  is  marked  Samuel  Adams  is 
really  that  of  George  AVashingtou.  I  also  submit  photo- 
graphs of  the  busts  referred  to  in  said  reports. 

[To  the  Honorable  Senate  and  House  of  Representatives,  May  5,  1891.] 
I  transmit  herewith  for  your  information  and  action  a 
petition  of  the  state  board  of  agriculture  requesting  a  fur- 
ther appropriation  for  preventing  the  spread  and  securing 
the  extermination  of  the  ocneria  disjjai'  or  gypsy  moth  in 
this  Commonwealth  ;  also,  the  request  of  the  committee 
of  said  l)oard  in  charge  of  this  w^ork,  together  with  a 
detailed  plan  of  their  work  and  detailed  estimates  of  the 
probable  amount  required  to  carry  on  its  work  until  Feb. 
1,  1892,  made  by  their  superintendent. 

[To  the  Honoral)le  Senate,  May  6,  1891.] 

I  return  to  you  herewith,  with  my  objections,  the  l^ill 
entitled  "  An  act  to  authorize  the  town  of  East  Bridge- 
water  to  pay  certain  l)ounties,"  which  originated  in  your 
body. 


1158  Special  Messages. 

A  similar  bill,  chapter  93,  acts  of  1882,  which  under- 
took to  confer  the  same  authority  on  the  town  of  Acton, 
was  declared  by  our  supreme  court  to  be  unconstitutional 
in  the  case  of  Meade  v.  Acton,  139  Mass.  341. 

However  meritorious  the  measure,  in  my  judgment,  it 
is  obviously  my  duty  to  interpose  my  objection  to  the 
passage  of  a  bill  which  the  court  has  decided  to  be  uncon- 
stitutional. 

In  the  case  referred  to,  the  legislature  subsequently,  by 
chapter  106,  acts  of  1887,  provided  that  the  bounties 
should  be  paid  out  of  the  treasury  of  the  Commonwealth. 

I  suljrait  for  your  consideration  the  expediency  of  meet- 
ing these  claims  if  they  are  just  and  meritorious  by  a 
similar  act ;  and  also  the  claims  provided  for  by  chapter 
156  of  the  acts  of  this  year,  which  seems  to  be  open  to 
the  same  objection  as  the  act  under  consideration,  but 
which  received  my  approval  before  I  was  aware  of  this 
constitutional  objection. 

[To  the  Honorable  Senate  and  House  of  Representatives,  May  13,  1891.] 

During  the  present  session  of  the  legislature  there  have 
.  been  granted  eight  charters  to  safe  deposit  and  trust  com- 
panies and  loan  and  trust  companies,  and  during  the  past 
few  years  a  number  of  similar  charters  have  been  granted. 
Eight  charters  granted  in  1887,  1888  and  1890  have  not 
been  used.  Under  these  charters  and  the  acts  of  1888, 
chapter  413,  and  amendments  thereof  in  relation  to  said 
companies,  a  banking,  trust  and  safety  deposit  business, 
and  even  savings  bank  business  can  be  done,  and  all  have 
been  done  in  some  instances. 

The  wide  powers  thus  given,  the  intermingling  of  various 
kinds  of  business  in  one  company,  the  latitude  allowed 
said  companies  in  their  investments,  the  desirability  of 
determining  before  a  charter  is  granted  whether  there  is 
a  proper  field  for  such  a  company,  whether  the  powers 
given  are  to  be  used  for  business  purposes,  or  are  obtained 
for  speculative  purposes  or  to  hold  the  ground  against 
others,  whether  one  or  more  or  all  the  kinds  of  business 
now  permitted  such  companies  can  be  wisely  and  properly 
granted  to  each  new  company, — all  these  reasons,  in  my 
judgment,  require  that  the  granting  of  such  charters 
should  be  under  the  careful  scrutiny  and  supervision  of 
'  trained  officials  thoroughly  conversant  with  such  matters  ; 
and  then  under  such  supervision  charters  should  not  be 


.  Special  Messages.  1159 

granted  as  special  legislation,  but  under  a  general  law  be 
open  to  all  responsible  persons  who  meet  the  necessary 
requirements. 

I,  therefore,  suggest  for  your  consideration  the  passage 
of  a  general  law  permitting  the  incorporation  of  such  com- 
panies under  the  supervision  and  with  the  consent  of  the 
commissioners  of  savings  banks.  This  can  be  done  by  a 
simple  amendment  of  chapter  413,  acts  of  1888.  A  prece- 
dent is  established  by  the  general  law  permitting  the 
formation  of  banks  and  of  co-operative  banks,  and  by 
chapter  243,  acts  of  1890,  which  requires  in  the  latter  case 
the  consent  of  the  commissioners  of  saving's  banks. 

The  advantages  of  such  a  law  would  be  :  — 

1.  Proper  supervision  by  experienced  and  skilled 
officials  in  the  formation  of  such  companies,  involving  an 
examination  of  the  purpose  and  standing  of  the  promoters 
and  the  business  conditions  of  the  situation. 

2.  Discretionary  power  in  said  officials  to  determine 
how  many  and  what  kinds  of  business  the  proposed  com- 
pany should  transact. 

3.  Making  the  business,  instead  of  a  special  privilege 
to  the  few,  open  to  all  under  proper  supervision. 

4.  Relieving  the  legislature  of  much  special  legisla- 
tion that  is  constantly  increasing. 

Entertaining  these  views,  I  have  allowed  the  special 
acts  of  this  year  incorporating  these  companies  (with  the 
exception  of  the  first,  which  escaped  my  attention)  to 
become  a  law  without  my  approval.  Having  no  objection 
to  any  of  these  acts  upon  their  merits,  I  have  not  consid- 
ered that  my  opinion,  that  the  subject  should  be  covered 
by  a  general  law,  was  sufficient  reason  for  returning  them 
to  you  without  my  approval.  At  the  same  time,  I  have 
been  unwilling  by  my  formal  approval  to  sanction  a  course 
of  special  legislation  which  seems  to  me  unwise  and 
unnecessary. 

[To  the  Honorable  Senate  and  House  of  Representatives,  May  U,  1891.] 

Under  authority  of  chapter  72,  resolves  of  1884,  a 
commission  of  three  persons  known  as  the  topographical 
survey  commission,  was  appointed,  whose  duties  were 
to  aid  "  in  the  preparation  and  completion  of  a  contour 
topographical  survey  and  map  of  this  Commonwealth." 
By  chapter  29,  resolves  of  1885,  an  additional  appropri- 
ation was  given  to  said  commission  for  "  the  determination 


1160  Special  Messages. 

by  triangulation  of  the  boundary  lines  of  the  cities  and 
towns  in  the  Commonwealth."  The  commissioners  report 
in  a  communication  to  me  dated  May  13,  1891,  that  "  in 
the  stage  which  the  survey  has  reached,  with  no  questions 
of  policy  remaining  unsettled,  and  with  only  a  well- 
defined  course  of  technical  work  to  be  pursued  within 
narrow  lines,  it  is  neither  necessary  nor  desirable  that  the 
commission  should  be  continued  under  present  organiza- 
tion." They  recommend  that  "  on  .  the  first  day  of 
January,  1892,  the  commission  be  reorganized  so  that  it 
should  thereafter  consist  of  a  single  responsible  head,  or 
else  that  the  work  be  transferred  to  the  land  and  harbor 
commission  of  the  Commonwealth;"  which  recommenda- 
tion I  submit  for  your  favorable  consideration.  They 
suggest  that  in  case  such  transfer  is  made  that  "  it  would 
seem  desirable  that  an  additional  member,  of  skill  and 
experience  in  geodesy,  should  be  appointed  to  that  com- 
mission; "  which  suggestion  is  herewith  submitted,  to- 
gether with  their  communication. 

[To  the  Honorable  Senate  and  House  of  Representatives,  May  21,  1891.] 

I  call  to  your  attention  the  claim  of  Theodore  E.  Davis 
against  the  Commonwealth  for  about  $14,000,  being  two 
per  cent,  of  the  amount  received  by  the  Commonwealth 
from  the  United  States  by  the  refund  of  the  direct  tax 
under  the  act  of  congress,  approved  March  2,  1891.  The 
original  papers  in  reference  to  said  claim  have  been  sub- 
mitted by  me  to  the  executive  council,  and  are  now  upon 
their  files.  I  submit  herewith  a  copy  of  the  opinion  of  the 
attorney-general  of  the  Commonwealth  recently  given  to 
the  governor  and  council  in  answer  to  their  questions  as 
to  the  legality  of  the  claim  and  the  authority  to  pay  it 
without  further  legislation. 

The  attorney-general  is  of  the  opinion  in  substance  :  — 

First.  That  by  the  terms  of  the  agreement  between 
the  Commonwealth  and  said  Davis,  his  claim,  without 
further  legislation,  can  only  be  paid  out  of  the  money 
received  by  the  Commonwealth  from  the  United  States. 

Second.  That  notwithstanding  the  express  provision  of 
said  act  of  congress  refunding  this  money,  which  declares 
"  that  no  part  of  the  money  hereby  appropriated  shall  be 
paid  out  by  the  governor  of  any  state  or  territory  or  any 
other  person  to  any  attorney  or  agent  under  any  contract 
for  services  now  existing  or  heretofore  made  between  the 


Special  Messages.  1161 

representatives  of  any  state  or  territory  and  any  attorney 
or  agent ;  "  and  notwithstanding  the  further  fact  that  the 
act  requires  the  legislature  of  a  state,  before  receiving  the 
money,  to  pass  a  resolution  accepting  the  trusts  imposed 
by  the  act,  which  was  done  in  this  Commonwealth  by 
resolve  46  of  this  year, — yet,  whatever  moral  obligation 
these  facts  impose  upon  the  Commonwealth,  they  do  not 
constitute  any  legal  objection  to  the  payment  of  the  money 
so  received. 

Third.  That  the  agreement  between  the  Common- 
wealth and  said  Davis  is  not  illegal  for  champerty,  nor, 
so  far  as  any  facts  are  disclosed  by  the  papers  submitted 
to  him,  because  of  the  character  of  the  services  rendered 
by  said  Davis. 

If  the  opinion  of  the  attorney-general  is  correct,  and  it 
is  entitled  to  most  respectful  consideration,  the  claim  of 
said  Davis  can  legally  be  paid  out  of  the  money  so  received. 
But  such  payment  would  be  in  direct  violation  of  the  act 
of  congress,  would  be  appropriating  a  part  of  the  money 
received  under  said  act  to  a  use  expressly  forbidden  by  it, 
and,  in  my  judgment,  would  be  a  breach  of  good  faith  on 
the  part  of  the  Commonwealth  to  the  United  States,  which, 
even  if  without  remedy  by  the  United  States,  is  none  the 
less  improper  and  inexcusable. 

With  this  firm  conviction,  I  shall  refuse  my  sanction, 
to  the  full  extent  of  any  power  within  my  control,  to  the 
payment  of  any  part  of  this  money  in  violation  of  the  act 
of  congress,  for  a  purpose  prohibited  by  it.  I  do  not 
believe  that  any  prudent  individual,  receiving  a  fund 
clothed  with  the  conditions  and  trusts  imposed  by  this  act 
of  congress,  would  assume  the  responsibility  of  paying 
out  of  it  such  a  claim  without  the  sanction  of  an  express 
judicial  decision. 

Either  of  two  remedies  is  then  open  to  Mr.  Davis,  if  his 
claim  is  just  and  legal :  — 

First.  He  may  institute  such  proceedings  in  court  as 
he  deems  expedient  to  compel  the  payment  of  his  claim. 

Second.  The  legislature  can  make  a  special  appropria- 
tion for  its  payment. 

Believing  it  but  just  to  all  interests  concerned  that  this 
matter  should  be  brought  formally  to  your  attention,  in 
order  that  you  may  take  such  action  as  you  deem  expe- 
dient, I  now  su))mit  it  for  your  consideration. 

I  desire,  however,  to  be  distinctly  understood  as  making 


1162  Special  Messages. 

no  recommendation  in  favor  of  action  looking  to  the  pay- 
ment of  this  claim. 

[To  the  Honorable  Senate,  June  9.] 

I  herewith  return  with  my  objections  a  bill  entitled 
"  An  act  to  provide  for  the  building  of  an  asylum  for 
the  chronic  insane,"  which  originated  in  your  body.  The 
act  provides  for  the  appointment  of  a  board  of  three 
salaried  commissioners,  whose  duty  is  to  erect  in  the 
towns  of  Medfield  and  Dover  an  asylum  for  the  chronic 
insane,  sufficient  for  the  accommodation  of  one  thousand 
patients,  at  an  expense  not  exceeding  $500,000.  The 
land  for  the  asylum  has  already  been  purchased,  and 
plans  prepared  in  detail  and  approved,  and  estimates 
made.  The  need  of  such  an  asylum,  in  the  present  over- 
crowded state  of  our  other  asylums,  is  imperative,  and  in 
my  opinion  the  appropriation  is  proper  and  necessary.  I 
do  not  believe,  however,  that  for  the  work  of  construc- 
tion, which  alone  remains  to  be  done,  the  machinery 
created  by  this  act  is  the  best,  most  economical  or  most 
expeditious. 

The  experience  of  the  Commonwealth  during  the  past 
twenty  years  does  not  show  that  the  appointment  of 
salaried  commissioners  for  the  construction  of  public 
buildings  has  resulted  in  either  economy  or  expedition, 
but  does  show  that  better  results  have  been  obtained  when 
such  construction  has  been  placed  in  boards  of  trustees, 
who  are  to  manage  the  institution  when  completed. 

I  submit  herewith  a  few  instances  in  this  experience  : 

The  construction  of  the  buildings  for  the  Danvers 
lunatic  hospital  was  originally  placed  in  charge  of  a 
salaried  commission.  Starting  with  an  appropriation  ot 
$650,000,  the  final  cost  was  nearly  $1,600,000,  or  about 
$2,500  for  each  patient.  The  cost  of  superintending  the 
construction,  in  salaries  of  the  commissioners,  travel, 
clerical  help,  inspection,  engineering  and  other  expenses 
incidental  to  such  superintendence  was  $53,583.53.  The 
work  dragged  along  over  a  period  of  five  years,  when 
finally  the  commissioners  were  legislated  out  of  office,  and 
the  completion  of  the  buildings  placed  in  the  hands  of  a 
board  of  trustees,  who  were  also  to  manage  the  institution 
when  finished. 

The  construction  of  the  state  prison  at  Concord,  in  the 
hands  of  a  paid  commission,  took  over  five  years,  and,  on 


Special  Messages.  1163 

an  expenditure  of  about  $1,000,000,  cost  for  salaries  of 
the  commissioners  and  their  expenses  nearly  $22,000. 

The  armory  commissioners  up  to  Jan.  1,  1891, 
received  in  salaries  and  expenses,  $20,826.14  on  a  total 
cost  of  construction  of  $757,701.97  ;  and  were  receiving 
$6,500  in  salaries  this  year  for  superintending  the  con- 
struction of  a  $40,000  armory,  when  the  suggestion  was 
made  and  adopted  that  the  salaries  of  two  of  the  three 
commissioners  be  abolished. 

The  commissioners  for  superintending  the  construction 
of  the  state  house  extension  have  been  paid  in  salaries 
alone  up  to  Jan.  1,  1891,  $13,374.99  on  a  total  cost  of 
construction  of  $395,027.03. 

On  the  other  hand,  the  construction  of  the  "Worcester 
lunatic  hospital  was  under  the  direction  of  its  trustees. 
With  a  capacity  to  hold  about  100  more  inmates  than  the 
Danvers  hospital,  it  cost  nearly  $500,000  less,  or  about 
$850  less  for  each  patient. 

Later,  the  trustees  of  the  Westborough  lunatic  hos- 
pital were  authorized  to  superintend  the  construction  of 
the  present  hospital  there.  The  work  was  admirably 
done,  at  an  expense  of  about  $250,000  for  400  patients, 
or  $625  for  each  patient,  as  compared  with  $2,500  at 
Danvers. 

At  many  other  of  our  state  institutions  important  and 
expensive  additions  and  improvements  have  been  made 
under  the  supervision  of  their  respective  boards  of  trus- 
tees, without  the  intervention  of  special  salaried  commis- 
sions. 

In  view  of  this  experience,  and  of  the  fact  that  the  only 
work  to  be  done  under  this  act  is  to  construct  buildings 
upon  a  site  already  selected,  in  accordance  with  plans 
already  approved,  and  estimates  already  made,  it  seems 
to  me  neither  necessary  nor  wise  to  create  a  special  paid 
commission  to  superintend  such  construction. 

I  recommend  that,  in  place  of  such  commission,  pro- 
vision be  made  for  the  appointment  of  the  trustees  who 
are  to  manage  this  hospital  when  finished,  and  that  au- 
thority be  given  them  to  cause  to  be  erected  the  buildings 
contemplated.  This  was  the  exact  course  adopted  in  the 
building  of  the  hospital  for  dipsomaniacs  and  inebriates,  • 
as  provided  in  chapter  414  of  the  acts  of  1889.  Pro- 
vision should  also  be  made  for  the  appointment  of  a  man 
with  practical  experience  as  a  builder,  to  whom  a  proper 


1164  Special  Messages. 

salary  should  be  paid  for  superintending  the  work  of  con- 
struction, and  who  should  be  under  the  direction  of  the 
board  of  trustees. 

The  advantages  of  the  change  herewith  suggested,  in 
my  opinion,  will  be  :  — 

1.  A  saving  of  expense  to  the  Commonwealth. 

2.  Greater  expedition  in  building  the  hospital. 

3.  Better  construction  and  a  better  hospital,  because 
built  under  the  direction  of  the  board  who  are  to  manage 
it  when  finished. 

4.  A  better  institution  when  in  operation,  because 
under  the  control  of  a  board  thoroughly  familiar  with  it 
from  their  work  and  experience  in  its  construction. 

Fully  agreeing  with  you  as  to  the  necessity  of  building 
this  hospital,  which  is  imperative,  and  as  to  the  amount 
to  be  appropriated,  I  regret  to  differ  from  you  as  to  the 
manner  of  its  construction,  and  to  return,  at  so  late  a  day 
of  your  sitting,  this  bill  for  your  further  consideration. 
If,  however,  the  suggestions  herein  contained  meet  your 
approval,  I  believe  that  a  proper  bill  containing  them  can 
quickly  be  drafted  and  passed,  so  that  there  need  be  no 
delay  in  beginning  this  important  work,  nor,  I  trust,  any 
inconvenience  to  you  in  prolonging  your  session. 


CHANGE   OF  NAMES. 


0HA:NGE   of  l^AMES   OF  PEKSO^S. 


Ill  compliance  with  the  requirement  of  the  Public  Statutes,  Chap.  148,  Sect.  14,  returns  of 
the  following  Changes  of  Names  have  been  received  in  the  office  of  the  Secretary  of  the 
Commonwealth,  as  decreed  by  the  several  Judges  of  the  Probate  Courts  in  their  respective 
Counties :  — 

BARNSTABLE  COUNTY. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1890. 

1 

April  15, 

Annie,* 

Annie  W.  Baker,     .... 

Yarmouth. 

May 

21, 

Frank  Clayton,* 

Frank  Clayton  Burrows, 

Welltleet. 

June 

1", 

Mamie  Crowell  Carlin,* 

Mary  Adleta  Bacon, 

Barnstable. 

Sept. 

9, 

Sarah  Louisa  Totman,*  . 

Sarah  Totraan  Freeman, 

Brewster. 

Oct. 

27, 

Alice  Elizabeth  Achilles,* 

Alma  Maude  Dunn, 

Bourne. 

Dec. 

9, 

Anna  Webb  Irwin, 

Anna  Webb, 

Barnstable. 

BERKSHIRE   COUNTY. 

Jan. 

7, 

Lucy  Rogers,*          .... 

Viola  Angeline  Springsteen,  . 

Stockbridge. 

9. 

Bhith  F.  Hand,*       . 

Edith  F.  7\Bhman,   .... 

North  Adams. 

April 

1, 

Walter  Overbaueh,* 

Walter  Gleason,      .        .        .        . 

Pittsfield. 

May 

6, 

Minnie  Ashton,* 

Minnie  Elizabeth  Aldrich,     , 

North  Adams. 

July 

15, 

Maggie  Wilson,* 

Maggie  McColgan,  .... 

Pittsfield. 

17, 

Bessie  May  Willis,* 

Bessie  May  Nash,    .... 

Pittsfield. 

Sept. 

2, 

Henry  Brown  Aldrich,* 

Henry  Brown  Houlihan, 

North  Adams. 

Oct. 

7, 

Eliza" Thomas  Willis, 

Lila  Thomas  Willis, 

Pittsfield. 

8, 

Charles  H.  Houghtaliug,* 

Charles  H.O'Connell,     . 

Lenox. 

9. 

Ike  Rubinovick, 

Ike  Goodrich, 

North  Adams. 

Dec. 

2 

Mary  Maria  Tower,* 

Mary  Maria  Bishop, 

North  Adams 

2 

Mary  B.  Alley,* 

Mary  E.  Bostley 

North  Adams. 

3*, 

Charles  Hannibal,* 

Charles  Harris 

Great  Barrington.  ' 

BRISTOL   COUNTY. 

Feb. 

7, 

Gracie  Rowe,*          .... 

Edith  Rhodes,          .        .        .        . 

Taunton. 

7, 

John  Thomas  Ramsbottom, 

John  Thomas  Reed, 

Swanzey. 

7, 

Elizabeth  Willis  Rarasbotton 

1, 

Elizabeth  Willis  Reed,    . 

t  Swanzey. 

7 

James  Arthur  Ramsbottom, 

1  James  Arthur  Reed, 

Swanzey. 

7^ 

Alfred  Willis  Ramsbottom, 

Alfred  Willis  Reed, 

Swanzey. 

7, 

Annie  Ramsbottom, 

Annie  Reed, 

Swanzey. 

7, 

Dora  Gardner  Ramsbottom, 

Dora  Gardner  Reed, 

Swanzey. 

7, 

Nora  Brown  Ramsbottom, 

Nora  Brown  Reed,  .        .        .        . 

Swanzey. 

7, 

Laurranna  Villiers,* 

Laura  Tucker,          .        .        .        . 

New  Bedford. 

21, 

Alzada  Cobb,* 

Alzada  Isaliel  Grinnell,  . 

Fall  River. 

21, 

.lames  Darlington,* 

James  Johnson,       .        .        .        . 

Fall  River. 

Mar. 

7, 

Rose  Skinner,* 

Grace  Bassett,          .        .        .        . 

Berkley. 

Apri 

4, 

Eva  C.  Bassetl,*      . 

Emma  May  Dean 

Taunton. 

4, 

Lawrence  Leach, 

Lawrence  Leach  Holden, 

Fall  River. 

Aug. 

1, 

Sarah  A.  Allen,*      . 

Sarah  Ann  Delaney, 

New  Bedford. 

1, 

Mary  Ann  Hurst,*  . 

Ellen  Maud  Dedrich, 

New  Bedford. 

Sept. 

5, 

Abbie  J.  Wilcox.*  . 

Abbie  J.  Sherman,  .                 .        . 

New  Bedford. 

Oct. 

3, 

Agnes  Frances  Magowan,* 

Agnes  Church  Fox, 

New  Bedford. 

Nov. 

7, 

Elizabeth  Parkinson,*     . 

Elizabeth  Smith 

New  Bedfont. 

Dec. 

5. 

Charlotte  Wilson  Booker,* 

Charlotte  W.  Wetherell 

Attleborough. 

0, 

Maud  Minnie  Gould,*     . 

Maud  Minnie  Freelove,  . 

Fall  River. 

*  Changed  by  reason  of  adoption. 


1168 


Change  of   Names. 


ESSEX  COUNTY. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Kesidence. 

1890. 

Jan. 

6, 

Eugene  Dunn,*       .... 

Eugene  Augustus  Howard,    . 

6, 

Mamie  Loach,*        .... 

Pearl  Howard  Tucker,    . 

Gloucester. 

20, 

Cora  A.  Boy  den,*   .... 

Cora  Boyden  Thompson, 

Lynn. 

20, 

Herbert  W.  Jones,* 

Herbert  Warren  Tarbox, 

Lynn. 

20, 

Albert  X.  Jones,*   .... 

Albert  Nelson  Tarbox,  . 

Lynn. 

Feb. 

3, 

Augusta  Merchant,* 

Louisa  Marshall  Towne, 

Gloucester. 

3, 

Samuel  R.  Furbush,*      . 

Arthur  Russell  Furbush, 

Lynn. 

1", 

Florence  A.  Lynch, 

Florence  Amanda  York, 

Lynn. 

1''. 

David  S.  Streamberg,     . 

John  Fremont  Streamberg, 

Beverly. 

17, 

Edith  W.  Mayberry, 

Edith  Warren  Pierce,     . 

Lynn. 

17, 

Edwin  Leeds,*         .... 

Harold  Edwin  True, 

1", 

Elsie  F.  Turney,*   .... 

Elsie  Frances  Ford, 

Falmouth. 

1", 

Ida  M.Duffy,*         .        .        .        . 

Ida  May  Nickerson, 

Lynn. 

Mar. 

3, 

Helen  D.  Place,*     .... 

Helen  Danforth  Haskell, 

Essex. 

3, 

Ethel  Corneille,*     .... 

Ethel  Corneille  Burrill,  . 

Boston. 

Apri! 

14, 

Benjamin  0.  Hatch,* 

Bfujamiu  Osgood  Congdon, 

Amesbury. 

21, 

Nora  S.  Strout,*      .... 

Nora  Susie  Page,     . 

Haverhill. 

May- 

Oi 

Lewis  L.  Sullivan,* 

Lewis  Lelioy  Lumber  Bell, 

Amesbury. 

19, 

Elizabeth  M.  Clifford,*  . 

Elizabeth  Mary  Flynn,  . 

Lawrence. 

June 

23, 

Frederick  S.  Frye 

Frederick  Sheridan  Morse, 

Haverhill. 

July 

7, 

Effle  Dodge,* 

Effie  Dodge  Chase, 

j  Beverly. 

7, 

Joseph  R.  Harris  alias  Joseph  R.  1 
Lemay,*        .        .        .        .         j 

Joseph  Richard  Lambert, 

1  Methuen. 

21 

Maria  Harden,*        .... 
Nora  Clifford,*        .... 

Helen  Gertrude  Leavitt, 
Margery  Marietta  Lamprey, 

Aug. 

'4, 

1 

1 

Sept. 

8, 

Mary  A.  Day,*         .... 

Mary  Stoue, 

15, 

Sarah  E.  McLellan,* 

Grace  Hammond  Tobey, 

Boston. 

15, 

Thomas  E.  Faulkner,*    . 

Thomas  Ebenezer  Berry, 

Dan  vers. 

15, 

Ora  Belle  Faulkner,* 

Ora  Belle  Berry, 

Danvers. 

Oct. 

6, 

Bernard  Burns,*      .... 

Bernard  Steele, 

Pawtt^ket,  R.  I. 

6, 

Mary  McLeod,*        .... 

Addie  May  Gilman, 

Boston. 

20, 

Emma  S.  Blaisdell,* 

Emma  Sumner  Brown, 

Newbury  port. 

20, 

Frank  L.  Taylor,*  .... 

Frank  Leslie  Potts, 

Newcastle,  Me. 

Dec. 

15, 

Mary  Moorehouse,* 

Mary  Moore  Smith, 

Boston. 

15, 

Marion  Morgan,*     .... 

Marion  Morgan  Ross, 

Boston. 

FRANKLIN  COUNTY. 


April    2, 

Leslie  A.  Dunton,* 

Leslie  A.  Lewis 

Montague. 

May      6, 

Albert  Alden,*         .... 

Clarence  Alva  Edison  Brown, 

New  Salem. 

Aug.     5, 

Morris  Oliver  Waterman,*     . 

Morris  Oliver  Waterman, 

Shutesbury. 

Sept.  23, 

Grace  May  Senter,* 

Grace  May  Meacham,     . 

Colrain. 

Dec.      2, 

Robert  Davis,*         .... 

Robert  Davis  Butler, 

Buckland. 

2 

Henry  Burton  Barrett,* 

Henry  Burton  Barrett,    . 

Northfield. 

HAMPDEN  COUNTY. 


Jan.    15, 

Ernest  Malcolm  Smith,* 

Samuel  Ernest  Berrett,  . 

Springfield. 

15, 

Lura  May  Smith,*  . 

Lura  May  Berrett,  . 

Springfield. 

18, 

Geneva  Willis,* 

Geneva  Dimmick,    . 

Wales. 

Mar.    5, 

Effie  Sherman  Bathrlck,* 

Effie  Sherman  Dwight,  . 

Springfield. 

April    2, 

Flora  Albena  Masses,*   . 

Flora  Albena  Wells, 

Holyoke. 

May     7, 

Elizabeth  Jane  Croshier,* 

Elizabeth  Jane  Reed,      . 

Springfield. 

7, 

Charles  Thurman  McNeill,* 

Clesson  William  Thayer, 

Springfield. 

14, 

Mary  Collins.* 

Marj'  Agnes  Moran, 

Palmer. 

June     4, 

Julia  Maria  Slingsby, 

Julia  Maria  Clark,  . 

Holyoke. 

4, 

Frederick  Baker,*  . 

Edward  Gilligan  Barry, 

Springfield. 

4, 

Beulah  Isabel  Hood,* 

Mary  Driscoll, 

Chicopee. 

18, 

Joseph  Mason,* 

Joseph  Alexander  Arsino, 

Holyoke. 

*  Changed  by  reason  of  adoption. 


Change  of  ^NTames. 


1169 


HAMPDEK   COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Xftme  Decreed. 

Kesidence. 

I890. 

July      2, 

26, 

26, 

Aug.     1, 

Sept.     3, 

Oct.       1, 

11. 

15, 

Nov.     5, 

Cora  BellTobin,*    . 
Jane  Manzie,*  . 
BesBie  Manzie,* 
Willie  Parks  Cone,* 
Lydia  Florence  Millett,* 
Bartholomew  Bradley,* 
Warren  Lester  Emmons,* 
Friederike  Ahrens,* 
Mary  Lena  Gober,* 

Cora  Ballou  Freeland,     . 
Jane  MccHitcheon,  . 
Bessie  Ann  McCntcheon, 
Willie  Parks  Nichols,     . 
Lydia  Florence  Rnssell, 
Bartholomew  Sexton, 
Lester  Emmons  Butler,  . 
Friederike  Hayden  Shallies, 
Sarah  Pickering, 

Westfield. 

Ludlow. 

Ludlow 

Westfield. 

Wilbraham. 

Chicopee. 

Wilbraham. 

Springfield. 

Chicago,  111. 

HAMPSHIRE   COUNTY. 


Feb.      4, 

Clair  Cook,* 

Arthur  W.  Rowley, 

Southampton. 

Mar.   11, 

Mary  Ann  Mason,* 

Mary  Ann  Mather,  . 

Belchertown. 

April    1, 

Blanche  Simpson,* 

Blanche  Simpson  Gleason, 

South  Hadley. 

1, 

Lillian  Maj'  Sweatlaod,* 

Lillian  Mav  Holden, 

Belchertown. 

May      6, 

Carrie  J.  Farley,*    . 

Carrie  Stowell  McGrath, 

Ware. 

6, 

Mable  Viola  Uodelli,*     . 

Mable  Viola  Hupfer, 

Easthampton. 

June     3, 

Mary  Creighton,*    . 

June  Elizabeth  Stone,     . 

Northampton. 

Sept.     9, 

Etta  Amanda  Burt,* 

Harriet  May  Owen, 

Ware. 

9, 

Charles  Flags,* 

James  I.  Clark, 

Greenwich. 

Oct.      7, 

John  George  Ogden,*     . 

Alfred  Lesure  White,     . 

Amherst. 

Nov.     5, 

Noel  Bvron  Lincoln,* 

Noel  Bvron  Hitchcock,  . 

Belchertown. 

Dec.      2, 

Alice  May  Nilson,* 

Caroline  Pauline  Blacklock, 

Easthampton. 

MIDDLESEX   COUNTY. 


Jan.      7, 

Lillie  Estelle  Watherston,*   . 

Bertha  Louise  Needham, 

Newton. 

7i 

William  Dennis,*    .... 

William  Mahoney, 

Maiden. 

7, 

Arthur  Gustavus  Thomas,*  . 

Arthur  Gustavus  Bolam, 

Stow. 

14, 

Edith  May  Holland,*      . 

Edith  May  Goodell, 

'  Somerville. 

14, 

Amy  L.  Mann,*       .... 

Amy  Loella  Peckens,     . 

Westford. 

14, 

Agatha  Prince,*      .... 

Alice  Briggg,    . 

Maiden. 

21, 

Hugo  Thornton  Parsons,* 

Hugo  Thornton  Paige,    . 

Lowell. 

28, 

Patrick  Joseph  Sheehan,* 

Joseph  Morris, 

Lowell. 

28, 

Josephine  S.  Coolidge,* 

Josephine  Sophia  Temple, 

;  Franiingham. 

Feb.      4, 

Ella  Willard  Brooks,*    . 

Bessie  Harvey  Mitchell, 

Northampton. 

4, 

Thomas  Stonewall  Jackson,* 

Frank  Harmon  Lee, 

!  Concord. 

4, 

Harriet  Ann  Brown,*     . 

Harriet  Angelia  Morey, . 

No.  Stoughton,  Ct. 

4, 

Josephine  Elizabeth  demons,*     . 

Josephine  Irene  Walker, 

Boston. 

n, 

Letitia  Foster,*        .... 

Katherine  Harrington,    . 

Boston.            _ 

25, 

Genevieve  L.  Leland,*   . 

Grace  Louise  Trow, 

Brooklyn,  N.  Y. 

25, 

Charles  Rogers,*     .... 

Charles  Joseph  Reed,     . 

Boston! 

Mar.   18, 

Sarah  Ann  Morrison,*    . 

Sarah  Ann  Curtis,  . 

Lowell. 

18, 

Mary  Eva  Gourley,* 

Mary  Eva  Gourley  Roe, 

Cambridge. 

25, 

Sadie  May,* 

Sadie  May  Gale, 

Wxliham". 

April    8, 

Nellie  Johnson,*      .... 

NeHie  Jeannetta  Jones,  . 

Cambridge. 

15, 

Irene  C.  Nason,*      .... 

Irene  Clifton  White, 

Lowell. 

15, 

Irene  Emerson,*      .        .        .        . 

Irene  Young,    . 

Cambridge. 

15, 

Roland  Emerson,*  .... 

Roland  Young, 

Cambridge. 

15, 

Nellie  Glendora  Pinkham,     . 

Nellie  Glendora  Laughtou, 

Lowell. 

22, 

Lillie  Agnes  Wilcox, 

Lillian  Agnes  Wilcox,    . 

Med  ford. 

22 

Robert  Palmer,*      .... 

Robert  Merton  Ellis, 

Med  ford. 

22! 

Katie  Lawrence,*    .... 

Katie  Alghieri, 

Cambridge. 

May      6, 

William  Martin  Bulfinch,*     . 

William  Martin  Johnson, 

Everett. 

6, 

John  Otis  Duigwell,*      .        .        . 

William  Otis  Barker,      . 

Lowell. 

13, 

Leopold  Early,*      .... 

Joseph  Leopold  Smith,  . 

Cambridge. 

13, 

Henry  Edwards,*    .... 

Harry  Gorham  Spaulding, 

Dunstable. 

13, 

Mary  Ann  Egan 

Mary  Ann  Morse,    . 

Maiden. 

13, 

James  Martin  Standish, . 

James  Myles  Standish,  . 

Newton. 

*  Changed  by  rcasoa  of  adoption. 


1170 


Change  of  Names. 


MIDDLESEX  COUXTY  — Concluded. 


Date  of 

Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1890. 

May 

•20, 

Jessie  Redding,*      .... 

Jessie  Redding  Walker, 

Lowell. 

27, 

William  Fallon,*     . 

William  Arthur  Hamlin, 

Melrose. 

June 

lu, 

24, 

Odessa  Marietta  Cummings,* 
Mary  Ellen  Atkins,* 

Odessa  Marietta  Heudrick, 
Mary  Ellen  O'Brien, 

Stoneham. 
Cambridge. 

July 

1, 

Robert  Bacon,* 

Robert  Lee  Spredby, 

'  Bedford. 

1, 

William  DriscoU,*  . 

William  Emery, 

Somerville. 

8, 

Alice  Stone,*   . 

Alice  Stone  Barton, 

Waltham. 

16, 

Mary  Dugen,*  . 

Mary  Ouillette, 

Lowell. 

15, 

Lorana  S.  Angier,   . 

Lorana  S.  Potter,    . 

Melrose. 

T2, 

Francois  Favreau,* 

Francois  Leblanc,    . 

Lowell. 

Sept. 

o 

Ella  May  Willey,*  . 

Ella  May  Parker,    . 

Waltham. 

2 

Dexter  Pratt  Guilford,* 

Dexter  Guilford  Pratt, 

1  Medford. 

2 

Lawrence  Welch,*  . 

Percy  Lawrence  French, 

1  Maiden. 

2, 

Ella  Meader  Starbuck,* 

Ella  Starbuck  Rogers,    . 

Newton. 

9, 

Curtis  McQuillan,*  . 

Curtis  Vernon  Ordway, 

Cambridge. 

Oct. 
Nov. 

7, 
14. 
14. 
14, 
28, 
28, 

5, 
11, 
11. 
18, 
25, 

William  Edmund  Mills, 
Marion  Woodward,* 
Annie  Patterson,*   . 
Eva  Mander,*  . 
Mabel  Ann  Taylor,* 
Charles  Murphy,     . 
Lena  Emily  Mentor,* 
Mildred  Perry,* 
Lolo  Ruth  Crawford,* 
Harold  Dean  Blaikie,* 
Frank  Peter  McGuire, 

* 

William  Edmund  Brown, 
Gertrude  Marion  Jones, 
Annie  Elizabeth  Groves, 
Ethel  Crowell  Dowse,    . 
Mabel  Ann  Brusch, 
Charles  Murphy  Viles,  . 
Mary  Edna  Carleton,      . 
Mildred  Burdett,     . 
Jean  Mayland  Hill, 
Rufus  Stickney  Scripture, 
Frank  Arthur  Green,      . 

Lowell. 

Waltham. 

Newton. 

Andover. 

Cambridge. 

Cambridge. 

Melrose. 

Hudson. 

Medford. 

Somerville. 

Hudson. 

Dec. 

2, 
9, 
23, 

Ichabod  Pierce  Warren, 
Mabel  Florence  Harlow,* 
Martha  Tufts,* 

Percy  Warren, 

Mabel  Florence  Geisendorff, 

Lillian  Elinor  Sturtevant, 

Weston. 
Newton. 
Somerville. 

23, 

John  W.  Haney,*    . 

Wilbur  Harold  Moodv,  . 

Tewksbury. 

23, 

Alice  Mav  Hunter,* 

Alice  Edwina  Robinson, 

Lowell. 

23, 

Lizzie  Fletcher,*     . 

Lizzie  Gertrude  Nelson, 

Somerville. 

23, 

Emma  Louise  Weber,* 

Louise  Weber  Haskins, 

Somerville. 

23, 

Silas  Card,* 

William  Card  Brock, 

Cambridge. 

NORFOLK  COUNTY. 


Jan.      8, 

Heb.      5, 

May    21, 

21, 

21, 

21, 

July    16, 

Oct.      1, 

15, 

15, 

Dec.      3, 


Arthur  Wiswall  Gates,  . 
Alice  Erlena  Halliday,*  . 
Charlotte  Lyndia  Feakins, 
Frederick  Hawley  Feakins, 
Esther  Catherine  Feakins, 
Harriette  Savage  PauUin,* 
Fred  Newell  Simmons,  . 
Georgiana  Ferguson  Small,* 
Mary  Augusta  Thayer,  . 
Mabel  Weston  Phinney,* 
Walter  Lindsay  Strong,* 


Arthur  Wiswall  Gates-Fairbankf 
Alice  Erlena  Cowen, 
Charlotte  Lyndia  Hawley,     . 
Frederick  Hawley, 
Esther  Catherine  Hawlej-, 
Harriette  Savage  Paullin  Fenton, 
Fred  Newell  Cohenno,    . 
Georgiana  Ferguson  Peterson, 
Mary  Alden  Thayer, 
Mabel  Weston  Hunt, 
Walter  Lindsay  Van  Kleeck, 


Dedhara. 
Hyde  Park. 
Hyde  Park. 
Hvde  Park. 
Hyde  Park. 
Quincy. 
Stougiiton. 
Hyde  Park. 
Sioughton. 
Milton. 
New  York. 


PLYMOUTH  COUNTY. 


Jan.    13, 

Rowena  F.  Barry 

Rowena  Fobes,         .... 

1 

1  Chelsea. 

27, 

Sherman, 

Isabella  May  Briggs, 

Carver. 

Feb.    10, 

Bly  Gardner,   . 

Walter  Bly  Grav,    . 

Brockton. 

April  14, 

Blanche  Alton  Hinckley, 

Fannie  Stuart  Hinckley, 

1  Hanover. 

14, 

Mabel  Haven,  . 

Mallei  Haven  McElroy,  . 

Hanson. 

June     9, 

Emily  Stanley, 

Emily  Violet  Hatch, 

Duxbury. 

July    14, 

Grace  Caroline  McCue,  . 

,   Grace  Caroline  Goodwin, 

Weymouth. 

Aug.   25, 

Eleanor  Beatrice  Packard, 

Beatrice  Florence  Bourne, 

!  Boston. 

25, 

Myra  Winslow, 

Abbie  Mav  Roads,  . 

Boston. 

25, 

Nellie  Greeley, 

Nellie  Gertrude  Dwelley, 

Truro. 

Sept.     8, 

Ida  Belle  Waterman, 

Ida  Belle  Pierce, 

Abington. 

8, 

Lawrence  Brooks  Fuller, 

Henry  Burness,  Junior, . 

1   Brockton. 

22, 

Mildred  Allen  Randall,  . 

Mildred  Louise  Jameson, 

Duxbury. 

*  Changed  by  reason  of  adoption. 


Change  of  Kames. 


1171 


SUFFOLK  COUNTY. 


Date  of 

Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1890. 

Jan. 

13, 

William  DeWitt,*  . 

William  Klttridge 

13, 

Dillon,* 

Nellie  Luna  Sargent, 

Boston. 

13, 

Emma  J.  Mitchell,* 

Emma  J.  Cleaveland,      . 

Boston. 

20, 

Isaac  Stiefel,     . 

Isaac  Henry  Caliga, 

Boston. 

27, 

Lizzie  M.  Bailey,*  . 

Musetta  Chin,  . 

Ashby. 

Feb. 

3, 

Florence  Gould,*    . 

Rita  Jones, 

Boston. 

3, 

Gertrude  Emerson,* 

Mabel  Estella  Sargent,    . 

Boston. 

10, 

Mary  Costello,* 

Mary  Costello  Wolcott,  . 

Boston. 

17, 

Crelia  launuzzi,*     . 

Augioliua  Rosa  DeFillippo, 

Boston. 

17, 

Mary  Frances  O'Connor,* 

Minnie  Frances  Joyce,    . 

Boston. 

Mar. 

3, 

William  Daniels  Welch, 

William  Welch  DaVis,    . 

Boston. 

3. 

Robert  Richardson  Everett, 

Robert  Maxwell  Everett, 

Boston. 

10, 

Sarah  Edwards  Sell,* 

Sarah  Edwards  Porter,  . 

Boston. 

10, 

Elizabeth  Palmer,* 

Elizabeth  Kane, 

Boston. 

10, 

Carl  Alfred  Carlson,* 

Axel  Albert  Lindqiiist,  . 

"Worcester. 

17, 

Amy  Hanuau,* 

Amy  Harrison  Wood,     . 

Boston. 

17, 

Agnes  Orenberg,*    . 

Mary  Alice  McCall, 

Apri 

7, 

Leander  Joseph  Bellefleur, 

Joseph  Leander  Belfler, 

Boston. 

7, 

Harrie  Gushing  Hill, 

Gushing  Hill,    . 

Boston. 

7, 

Hattie  Melissa  Merrifleld,* 

Hattie  Melissa  Roberts,  . 

Conway,  N.  H. 

7, 

Arthur  Leslie  Barnes,*   . 

Leslie  Arnold, 

Revere. 

14, 

Cecelia  Leroy,* 

Ellen  Quinn,     . 

Boston. 

28, 

Walter  Vincent  McCarthy,* 

Walter  \'incent  Barry,   . 

Boston. 

May 

5. 

Minnie  A.  Osborn,* 

Minnie  Alice  Pratt, 

Chelsea. 

12, 

Charles  Lees,* 

John  Bowers,  . 

Boston. 

19, 

Besse  Lyon,*   . 

Besse  Lyon  Sinnett, 

Chelsea. 

19, 

John  Joseph  Sweenej-,* 

Archer  Irving  Gilpatrick, 

Boston. 

19, 

Eleanor  Curtis,* 

Eleanor  Holt,   . 

26, 

Minnie  F.  Rapson,* 

Minnie  F.  Titus, 

Boston. 

June 

9, 

Mary  Frances  Hamilton, 

Mary  Frances  Adams,     . 

Boston. 

9, 

Fraukie  Brosnan,*  . 

Abram  Nussbaum,  . 

Boston. 

July 

7, 

Mona  Patterson,*     . 

Mona  Hill  McGregory,    . 

Revere. 

21, 

Carrie  B.  Smith,      . 

Carrie  B.  Nelson,     . 

Boston. 

28, 

John  F.  Carroll,*     . 

Francis  Drips  Bower,     . 

New  York  City. 

Aug. 

18, 

Walter  Allen,  . 

Walter  Allen  Walker,     . 

Boston. 

1*5, 

Edith  Agnes  Pembroke,* 

Edith  Agnes  Benton, 

Maiden. 

18, 

Frank  Coulter,* 

Frank  Adams,  . 

Boston. 

Sept. 

8. 

May  Lizzie  Clayton,* 

May  Elizabeth  Marshall, 

Boston. 

22, 

Mary  Cavanagh,*     . 

Marv  Richards, 

Boston. 

22, 

Joseph  Tansy,* 

William  Daly, 

Revere. 

29, 

William  Bell,* 

Jesse  William  Harvey,   . 

Boston. 

29, 

Maud  McCaskell,*  . 

Lucy  Robbing  Parker,    . 

Boston. 

Oct. 

6. 

Joseph  W.  Teufel, . 

Joseph  W.  Dizel,     . 

Boston. 

6, 

Margaret  Alice  Kelley,  . 

Margaret  Alice  Cummings, 

Boston. 

6, 

Mattie  Bowe,* 

Frances  Helena  Weston, 

Boston. 

6, 

Lizzie  Williams,*    . 

Elizabeth  W.  Corley,      . 

Boston. 

6, 

James  S.  Doody,*    . 

Walter  Lewis  Juckett,    . 

Boston. 

6, 

Mary  Ethel  Hogan,* 

Margaret  E.  Waterhouse, 

Boston. 

6, 

Agnes  Kirns,* 

Mary  Ethel  Saunders,     . 

Boston. 

13, 

Edward  Smith,* 

Charles  Adna  Ross, 

Boston. 

13, 

Frank  A.  Armstrong,*   . 

P^rank  Armstrong  Harriman, 

England. 

13, 

Patrick  L.  Dolan,*  . 

Lawrence  McGovern, 

Boston. 

13, 

Lillias  Walker,*       . 

Lillias  Gibson, 

Boston. 

13, 

Nellie  Gurney,* 

Nellie  Gurney  McLachlan, 

Chelsea. 

27, 

Eddie  West,*    .... 

Edward  Tucker, 

Boston. 

Nov. 

3, 

Eleanor  Frances  Black,* 

Eleanor  Frances  Carter, 

Boston. 

3, 

Olive  Johnson,* 

Olive  Versailles, 

Boston. 

3, 

Clarence  Dodge  Brickett,*      . 

Clarence  Allison  Thayer, 

East  Saugus. 

10, 

Charlotte  May  Powers,* 

Charlotte  May  Johnson, 

Boston. 

10, 

Ferdinand  J.  Pinsonneault,    . 

Ferdinand  J.  Parsons,     . 

Boston. 

17, 

Joseph  Lewis  Pomeroy, 

Joseph  Lewis, 

Boston. 

17, 

George  Clinton  Ducott,* 

George  Clinton  Rice, 

Boston. 

17, 

AliciTAdaleve  Heazle,*  . 

Alice  Louise  Colbj', 

Boston. 

24, 

Margaret  Donovan,* 

Margaret  Fleming,  . 

Boston. 

Dec. 

1, 

Mary  Frances  Raymond,* 

Mary  Florence  Frost, 

Boston. 

8, 

Anna  Doughty,* 

Anna  Sutton,    . 

Lynn. 

8, 

Lucy  Ann  Smith,*  . 

Gladys  Julia  Rogers, 

Maynard. 

*  Changed  by  reason  of  adoption. 


1172 


Change  of  Names. 


SUFFOLK  COUNTY  — Concluded. 


Date  of 
Decree. 


Original  Xame. 


1S90. 

Dec.    lb, 
1.5, 

n, 

22. 
22, 


Mary  Fox,* 
Mary  E.  Carline,*   . 
William  Charles  Krauss,* 
Fannie  May  Merrill,* 
Alice  Carrigan,* 


Mary  Elizabeth  Joyce,   . 
Marie  Lavinia  Frances  Ward, 
William  Charles  Stegmaier,  . 
Fannie  May  Young, 
Alice  McBarron, 


Boston. 
Boston. 
Boston. 
Boston. 
Boston. 


WORCESTER  COUNTY. 


Jan. 

I'l, 

Edith  May  Furrow,*      . 

Edith  May  McKinstry,  . 

Brookfield. 

21, 

Fosdake,*         .... 

Charles  Ernest  RoUig,    . 

Worcester. 

31, 

Lena  Chesterfield,* 

Maude  Chesterfield  Crowell, 

Worcester. 

Feb. 

4, 

Arthur  Clifford,*     .... 

Clifton  Lincoln  Batcheller,     . 

Mill  bury. 

21, 

Walter  Allen,*         .... 

Walter  Allen  Peabody,  . 

Worcester. 

21, 

Gertrude  Marion  Blanchard,* 

Mary  Harwood,        .... 

Warren. 

Mar. 

■4, 

Joseph  Neylon,*     .... 

George  Guyor 

Worcester. 

4, 

Paul  Valentine  Brown,* 

Frederick  Hoffman, 

Dudley. 

28, 

Charles  B.  Swinerton,*  . 

Charles  B.  Desmerais,    . 

Millbury. 

28, 

Jacob  Swinerton,*  .... 

Adelard  Stradford, 

Millbury. 

May 

14, 

Martha  C.  Burbank,*      . 

Martha  Christine  Wheeler,    . 

Worcester. 

16, 

Mabel  A.  Clark,*     .... 

Mabel  A.  Beers 

Worcester. 

23, 

Letitia  Fay,* 

Nellie  Stuart  Fay 

Westborough. 

23, 

George  W.  Evans,* 

George  Evans  Robinson, 

Webster. 

23, 

Mary  Emma  Gobeille,*  . 

Mary  Emma  Casavant,   . 

Webster. 

27, 

Carl  Carlton  Todd,* 

Carl  Carlton  Chipman,    . 

Fitchburg. 

27, 

Gertrude  M.  Parker,*     . 

Gertrude  Maria  Parker  Currier,    . 

Fitch  burg. 

June 

3, 

Ida  J.  Willis,*          .... 

Nina  Belle  Rice 

Leominster. 

3, 

John  Lawrence  Clark,    . 

John  Calvin  Lawrence  Clark, 

Lan  chaster. 

6, 

Mary  Hen  ward,*     .... 

Mary  Ellen  Broughton,  . 

Sturbridge. 

July 

1, 

Nellie  Bates,*  .        .        .        .  '      . 

Bernice  Barton,       .... 

Worcester. 

1, 

Harry  A.  Hamilton,* 

Harry  Crawford,     .... 

Clinton. 

1, 

Albina  C   Chapman, 

Albina  C.  Jacobs,    .... 

Westborough. 

11, 

Alma  Augusta  -Tackson,* 

Alma  Harris  Colley, 

Worcester. 

15, 

William  Dyer  Sullivan,  . 

William  J.  Dyer 

Leominster. 

Aug. 

12, 

Eva  Louisa  Bowker,* 

Eva  Louisa  Upham, 

Barre. 

12, 

Everett  Alroy  Harrington,*  . 

Everett  Alfred  Estes,      . 

Westborough. 

12, 

Frances  Grishey,*  .... 

Frances  Sharkey 

Westborough. 

22, 

Mabel  Charlotte  Gay,*  . 

Marie  Mabel  Moreau, 

Gardner. 

22, 

Mary  Sayre  Cook,* 

M:iry  Cook  Kendall, 

Worcester. 

29, 

Carrie  Louise  Weeks,*  . 

Lillian  Gertrude  Carpenter,  . 

Worcester. 

Sept. 

2, 

Nellie  R.  Shaw,*      .... 

Nellie  R.  Wriaht,    .... 

Leominster. 

9, 

Alvan  James  Moody,*    . 

Alvan  Jame«  Winter,     . 

Millbury. 

15, 

Elizabeth  Keary,*  .... 

Corine  Wedse 

Spencer. 

19, 

Annie  L.  Williams,* 

Grace  Tiffany,          .... 

Auburn. 

Oct. 

7, 

Ruth  Garland  Perkins,* 

Ruth  Garland  Seagrave, 

Northbridge. 

7, 

James  Russell  Lowell  Burnett, 

James  Burnett  Lowell,  . 

Southborough. 

21, 

Mattie  L.  McCrillis, 

Mattie  L.  DeMerritt, 

Worcester. 

21, 

Mary  Suzetta  Holt, 

Mary  Abbott  Holt,  .... 

Worcester. 

31, 

Eileen  A'Comt  Annette  Heazle,*  . 

Caroline  Eileen  Strong,  . 

Fitfhburg. 

Nov. 

7, 

Rosa  Bell  Lewis,*   .... 

Rosa  Belle  .Jacques, 

Athol. 

7, 

Hattie  I.  Parry,*      .... 

Helen  Holden  Craft, 

Worcester. 

7, 

Louisa  Ann  Dietz,* 

Louisa  Ann  Buttrick, 

Worcester. 

18, 

Maud  L.  Norton,*   .... 

Florence  Maud  Chase,    . 

Worcester. 

Dec. 

2, 

Edith  Rogers,*         .... 

Olive  Edith  Putney, 

Worcester. 

16, 

Grace  Havey,*         .... 

Grace  May  Caswell, 

Worcester. 

19, 

William  Eugene  Rue,*   . 

William  Eugene  Wilson, 

Worcester. 

19, 

Nellie  Swan  Richardson, 

Helen  Swan  Richardson, 

Worcester. 

*  Changed  by  reason  of  adoption. 


THE 


CIYIL   GOVERNMENT 


(!l-ommoiuui?alth  d|  (P^HfjfjacItufidts, 


AND  OFFICERS  IMMEDIATELY  CONNECTED  THEREWITH 
FOR  THE  POLITICAL  YEAR 

1891. 


EXECUTIVE    DEPARTMENT. 


HIS   EXCELLENCY 

WILLIAM    E.    RUSSELL, 

Governor. 


Jeremiah  W.  Coveney 
Edward  F.  Hamlin  . 


Private  Secretary. 
Executive  Clerk. 


niS   HONOR 


WILLIAM   H.    HAILE, 

Lieutenant-Governor. 


COUNCIL— (By  Districts). 
L  — ISAAC  N.  KEITH 
II.  — ARTHUR  W.  TUFTS 

III.  —  EPHRAIM  STEARNS 

IV.  — EDWARD  J.  FLYNN 
v.— MOSES  HOW       . 

VI.  —  BYRON  TRUELL 
VII.  — WILLIAM  ABBOTT 
VIII.  —  ASHLEY  B.  WRIGHT 


Bourue. 

Boston. 

Waltham. 

Boston. 

HaverhilL 

Lawrence. 

Douglas. 

Nortli  Adams. 


WILLIAM   M.    OLIN, 

Secretary  or  the  Commonwealth. 

Isaac  H.  Edgett,  1st  Deputy.  George  G.  Spear,  2d  Deputy. 

GEORGE   A.    MARDEN, 

Treasurer  and  Receiver-General. 

John  Q.  Adams,  1st  Clerk.  George  S.  Hall,  2d  Clerk 

Wendell  P.  Harden,  Cashier. 

WILLIAM   D.    T.    TREFRY, 

Auditor  of  Accounts. 


William  D.  Hawley,  1st  Clerk. 


James  Pope,  2d  Clerk. 


ALBERT   E.    PILLSBURY, 

Attorney-General. 


George  C.  Travis   . 
Charles  N.  Harris 


.    Assistant  Attorney-Oeneral. 

.    Second  Assistant  Attorney-Oeneral. 


LEGISLATIVE   DEPARTMENT. 


GENERAL    COURT. 

Arranged  in  Accordance  with  the  District  Revision  of  1886. 


SEJSTATE. 


President  —  HENRY  H.  SPRAGUE. 


District. 

Name  of  Senator. 

Residence. 

First  Suffolk, 

Arthur  B,  Champlin, 

Chelsea. 

Second    " 

John  Reade, 

Boston. 

Third       « 

John  W.  Coveney,     . 

Cambridge. 

Fourth     " 

James  Donovan, 

Boston. 

Fifth 

Henry  H.  S^jrague,    . 

Boston. 

Sixth 

William  S.  MeXary, . 

Boston. 

Seventh  " 

Frederick  S.  Risteen, 

Boston. 

Eighth     « 

Josej)h  Bennett, 

Boston. 

Ninth 

William  H.  West,      . 

Boston. 

First  Essex, 

Arthur  B.  Breed, 

Lynn. 

Second     " 

William  Stopford,     . 

Beverly. 

Third       " 

Aaron  Low, 

Essex. 

Fourth     " 

Benjamin  F.  Brickett, 

Haverhill. 

Fifth 

B.  Frank  Southvvick, . 

Peabody. 

Sixth 

Joseph  M.  Bradley,    . 

Andover. 

First  Middlesex, 

Francis  H.  Raymond, 

Somerville. 

Second        " 

Gorham  D.  Gilman,  . 

Newton. 

Third 

Horace  G.  Kemp, 

Cambridge. 

Senate. 


1177 


Name  of  Senator. 


Fourth  Middlesex,    . 

Fifth 

Sixth 

Seventh       " 

First  Worcester, 

Second        " 

Tliird 

Fourtli         " 

Worcester  and  Hamp- 
shire, 

First  Hampden, 

Second       " 

Franklin,  , 

Bei'kshire, 

Berkshire  and  Hamp- 


James  W.  McDonald, 
Edwin  F.  Wyer, 
B.  Marvin  Fernald,    . 
John  E.  Drury,  . 
John  R  Thayer, 
George  P.  Cooke, 
Charles  Haggerty,     . 
Alfred  S.  Pinkerton,  . 

Sidney  P.  Smith, 
Frank  E  Carpenter, . 
William  Provin, 
Wilder  P.  Clark, 
H.  Torrey  Cady, 


Marlborough. 

Woburn. 

INIelrose. 

Lowell. 

Worcester. 

Milford. 

Southbridge. 

Worcester. 

Athol. 
Springfield. 
Westfield. 
Winehendon. 
North  Adams. 


sJiire, 

Henry  A.  Kimball,    . 

Northampton. 

First  Norfolk,   . 

William  N.  Eaton,     . 

Quincy. 

Second      " 

George  Makepeace  Towle, 

Brookline. 

First  Plymouth, 

Thomas  Alden,  . 

Duxbury. 

Second       " 

Isaac  N.  Nutter, 

E.  l^ridgewater. 

First  Bristol,     . 

Cyrus  Savage,   , 

Taunton. 

Second    " 

Robert  Howard, 

Fall  River. 

Third      " 

Morgan  Rotch,  . 

New  Bedford. 

Cape, 

John  Simpkins, . 

Yarmouth. 

HENRY  D.  COOLIDGE, 
EDMUND  DOWSE, 
JOHN  G.  B.  ADAMS,    . 


.     Clerk. 

.     Chaplain. 

.     Sergeanl-al-Atins. 


1178 


House  of  Repkesei^'tatives. 


HOUSE   OF  EEPRESEKTATIYES. 


Speaker —  ^Y1LL1  AM  E.  BARRETT. 


COUNTY  OF  SUFFOLK. 


Town  or  Ward. 


Name  of  Representative. 


1st, 

2cl, 

3cl, 

4th, 

6th, 

6th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 

13th, 

14th, 


Boston,  Ward  1, 
Boston,  Ward  2, 
Boston,  Ward  3, 
Boston,  Ward  4, 
Boston,  Ward  5, 
Boston,  Ward  6, 
Boston,  Ward  7, 
Boston,  Ward  8, 
Boston,  Ward  9, 
Boston,  Ward  10, 
Boston,  Wai'd  11, 
Boston,  Ward  12, 
Boston,  Ward  13, 
Boston,  Ward  14, 


Frederick  B.  Day, 
Charles  A.  Tilden, 

Charles  A.  Kelly, 
Thomas  O.McEuaney, 

Cornelius  E.Mahoney, 
Michael  J.  Mitchell, . 

William  H.  Oakes,  . 
Charles  A.  Frazer,   . 

Edward  W.  Presho, . 
George  N.  Swallow, 

Jeremiah  J.  Crowley, 
James  O.  Fallon, 

Patrick  Cannon, 
Roger  Haggerty,*    . 

Daniel  F.  Breen, 
Joseph  P.  Lomasney, 

Wm.  Power  Wilson, 
Edward  C.  Ellis,      . 

Nathaniel  W.  Ladd, . 
Chai'les  F.  Sprague, . 

James  M.  Olmstead, 
Perlie  A.  Dyar, 

Patrick  J.  HefFernin, 
Michael  F.  Sullivan, 

Daniel  McCarthy,     . 
Jere'h  J.  McNamara, 

Charles  J.  Chance,  . 
Richard  F.  McSolla, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 


*  Elected  February  3;  qualified  February  11.     [No  choice  Nov.  4,  1890.] 


House  of  Representatives. 

COUNTY  OF  SUFFOLK  — Concluded. 


1179 


15th, 

16th, 

17th, 

18th, 

19th, 

20th, 

21st, 
22d, 
23d, 

2ith, 
2oth, 
26th, 

27th, 


Town  or  Ward. 


Boston,  Ward  15,  } 

Boston,  Ward  16,  ) 

Boston,  Ward  17,  j 

Boston,  Ward  18,  j 

Boston,  Ward  19,  j 

Boston,  Ward  20,  j 

Boston,  Ward  21,  j 

Boston,  Ward  22,  . 

Boston,  Ward  23,  < 

Boston,  Ward  24,  ^ 

Boston,  Ward  25,  . 

Chelsea,Wards  1,2,3,  j 

Chelsea,  Ward  4, 
Revere,    . 
Winthrop, 


Name  of  Representative. 


John  H.  Coffey, 
John  B.  Lynch, 

Isaac  Rosnosky, 
Thomas  J.  Keliher, . 

Andrew  M.  Lanigan, 
Isaac  P.  Hutchinson, 

William  S.  Stevens, 
S.StillmanBlanchard 

Thomas  F.  Fallon,   . 
Patrick  H.  Raftery, . 

Michael  J.  McEttrick 
John  Golding,  . 

Ileniy  S.  Dewey, 
Francis  W.  Kittredge 

William  L.  Mooney, 

Salem  D.  Charles,    . 
Charles  G.  Keyes,     . 

Frederick  W.  Bliss, . 
Louis  M.  Clark, 

Bentley  W.  Warren, 

John  M.  Plummer,  . 
David  E.  Gould, 


John  C  Loud,  . 
A.  W.  Richardson, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Chelsea, 
Chelsea, 

Chelsea, 
Winthrop. 


COUNTY  OF  ESSEX. 


1st, 


2d, 


{Salisbury,        .  .  "j 

Amesbury,       .  .  ! 

jNIerrimac,        .  .  j 

West  Newbury,  .  J 

5  Haverhill,  Wards  1, ) 
)      2,4,6,.        .        .1 


Dudley  J.  INIarston, 
Horace  G.  Leslie, 


Henry  H.  Johnson,  . 
J.  Otis  Wardwell,    . 


Amesbury. 
Amesbury. 


Haverhill, 
Haverhill. 


1180 


House  of  Representatives. 

COUNTY  OF  ESSEX  —  Continued, 


3d, 

4th, 
5th, 
6th, 

7th, 
8th, 
9th, 

10th, 

11th, 

12th, 
13th, 
14th, 
15th, 
16th, 

17th, 


Town  or  Ward. 


fHaverhill,  Ward3  3,^ 

J      5 I 

)  Methuen,  ,         .  j 

1^  Bradford,         .        J 

5  Lawrence,  Wards  1, ) 
(      z,  o,      .         .         .  ^ 

3  Lawrence,  Wards  4, } 
i      5,6,      .        .        .\ 

<  Andover, ,        .        .  ? 
I  North  Andover,       .  \ 


f  Groveland, 
J  Georgetown, 
I  Boxford, . 
[  Topsfield, 


("Newburyp't,  Wards') 
<      1,  2,  3,  4        " 
Q  Newbury, 


^1,2,3,4,5,6,       .^ 


f  Rowley,  . 
J  Ipswich,  . 
j  Hamilton, 
1^  Wenham, 


•J 


f  Gloucester,    Wards ") 

I  1,  3,  4,  5,  6,  7,  8,  .  i 
j  Essex,  .  .  .  j 
1^  Manchester,     .        .  J 

^  Gloucester,  Ward  2,  ? 
I  Rockport,         .        .  \ 

Beverly,  . 

Salem,  Wards  1,  2, . 

Salem,  Wards  3,  5, . 

Salem,  Wards  4,  6, . 

Marblehead,    . 

^  Swampscott,  .  .  } 
I  Lynn,  Wards  2,  3,   .\ 


Name  of  Representative. 


James  O.  Parker, 
John  A.  Gale,  . 


John  O'Brien,  . 
William  Cannon, 

Richard  A.  Carter,   . 
Frank  INIcAnally, 

Edward  W.  Greene, 


Samuel  N.  Curtis, 


Arthur  C.Richardson, 
NathanN.Withinoion 


Geor2:e  K.  Knowlton 


Fitz  J.  Babson, 
Howard  G.  Lane, 
Henry  T.  Bingham, , 


Isaac  P.  Fears, . 

William  D  Sohier,  . 

BenjaminP.Pickering. 

William  E.  Meade,  . 

William  H.  Stearns, 

Heni-y  C.  Sparhawk, 

John  J.  Salter, 
Edwin  A.  Tibbetts,  . 


Methuen. 
Haverhill. 


Lawrence. 
Lawrence, 

Lawrence, 
Lawrence. 

No.  Andover. 


Georg-etown. 


Newburyport. 
Newburyport. 


Hamilton. 


Gloucester. 
Gloucester. 
Manchester. 


Rockport. 

Beverly. 

Salem. 

Salem. 

Salem. 

Marblehead. 

Lynn. 
Lynn. 


18th, 

19th, 

20th, 
21st, 
22d, 


House  of  Representatives. 

COUNTY  OF  ESSEX— Concluded. 


1181 


Town  or  Ward. 


Name  of  Kepresentatlve. 


Lynn,  Ward  4, 
Nahant,   . 

Lynn,  Wards  1,  5, 
Lynnfield, 

Lynn,  Wards  6,  7, 
Saugus,   . 

Peabody, 

Danvers, . 
Middleton, 


Charles  H.  Baker,  .  Ljmn. 

William  D.  Hodges,  Nahant. 

John  M  Danforth, .  Lynnfield. 

Charles M.Bacheller,  Lynn. 


Lemuel  M,  Brock,  . 
Alonzo  Penney, 

Francis  H.  A]3pleton, 
Samuel  L.  Sawyer, . 


Lynn. 
Lynn. 

Peabody. 
Danvers. 


COUNTY  OF   MIDDLESEX. 


1st, 

^  Cambridge,   Wards  ? 
i      1,5,      .         .         .\ 

Isaac  ]\IcLean, 
Archibald  M.  Howe, 

Cambridge. 
Cambridge. 

2d, 

Cambridge,  Ward  2,  < 

Elmer  H.  Bright,    . 
Andrew  J.  Rady,     . 

Cambridge. 
Cambridge. 

3d, 

Cambi'idge,  Ward  3, 

Stephen  Anderson, . 

Cambridge. 

4th, 

Cambridge,  Ward  4,  ) 

Malcolm  E.  Rideout, 
Chas.W.  Henderson, 

Cambridge. 
Cambridge. 

5th, 

Somerville,  AVard  1, 

George  W.  Perkins, 

Somerville. 

6th, 

Somerville,  Ward  2, 

Joseph  J.  Giles, 

Somerville. 

7th, 

5  Somerville,    Wards  ) 
^      3, 4,      .         .         .1 

Frederick  M.  Kilmer, 

Somerville. 

8th, 

Medford, 

Wm.  B.  Lawrence, . 

Medford. 

9th, 

^  Maiden,  Wards  1,  2, ) 
}      3,  4, 5,  6,      .        .  ^ 

Henry  E.  Turner,    . 
Harry  H.  Barrett,    . 

Maiden. 
Maiden. 

10th, 

Everett,  . 

Frank  P.  Bennett,  . 

Everett. 

11th, 

Melrose,  . 

William  E.  Barrett, 

Melrose. 

12th, 

Stonehara, 

Myron  J.  Ferren,    . 

Stoneham. 

13th, 

Wakefield,       . 

James  H.  Carter,    . 

Wakefield. 

1182 


House  of  Kepresei^tatives. 

COUNTY  OF  MIDDLESEX- Continued. 


14tla, 

15th, 
16th, 
17th, 

18th, 
19th, 

20th, 

21st, 
22d, 
23d, 

24th, 

25th, 
26th, 
27th, 

28th, 


Town  or  Ward. 


Name  of  Representative. 


Woburn,  Wards  1, 2, 

3,  4,  5,  6,  7, 
Reading, . 

J  Arlington, 
(  Winchester, 

^  Watertown, 
(  Belmont, 

^  Newton,   Wards    1 
I      2,  3,  4,  5,  6,  7, 

(Waltham,  Wards  1 
^      2,  3,  4,  5,  6,  7, 
(,  Weston,  . 

f  Lexington, 

Lincoln,  . 

Concord, . 

Bedford,  . 
,  Burlington, 

'Chelmsford,    . 

Bill  erica, 

Tewksbury, 

Wilmington,    . 
^  North  Reading, 

Lowell,  Ward  1, 

Lowell,  Ward  2, 

Lowell,  Ward  3, 


^  Lowell,  Wards  4,  5 

<  Dracut,     . 

(^  Tjngsborough, 

Lowell,  Ward  6, 

Natick,     , 

^  Ho^jkinton, 
(  Ashland, . 

f  Holliston, 
Sherborn, 
Framingham, 
Wayland, 


Thomas  D.  Hevey, 
James  Reid,     . 


William  H.H.Tuttle, 


Charles  S.  Ensign, 

Dwight  Chester, 
S.  E.  Howard, 

Henry  C.  Hall, 
Charles  Moore, 


Richard  F.  Barrett, , 


Charles  W.  Flint,*   . 

Patrick  J.  Savage,  . 

Fred.  N.  Wier, 

George  B.  McKenna, 

Robert  G.  Bartlett,  . 
Clarence  G.  Cobm'n, 
Amasa  Pratt,    . 

Charles  H.  Hobson, 

Frank  B.  Tilton,      . 

Edwin  D.  Thompson, 


James  L.  Brophy,    . 
Charles  H.  Boodey, 


Woburn. 
Reading-. 


Arlington. 

Watertown. 

Newton. 
Newton. 

Waltham. 
Waltham. 


Concord. 


Chelmsford. 

Lowell. 

Lowell. 

Lowell. 

Lowell. 
Lowell. 
Lowell. 

Lowell. 

Natick. 

Hojikinton. 

Fi'amingham. 
Wayland. 


*  Deceased  June  24. 


House  of  Eepresentatives. 

COUNTY  OF  MIDDLESEX  — Concluded. 


1183 


Town  or  Ward. 


^Mai'l  borough, 
<  Hudson,  . 
(_  Sudbury, 

(  Maynard, 

I  Stow, 

J  Boxborough, 
I  Littleton, 
I  Acton, 
1^  Carlisle,  . 

f  ^Yestfo^d, 
J  Groton,  . 
1  Pepperell, 
[Dunstable, 

r  Ayer, 
J  Shirley,   . 
I  Townsend, 
(^  Ashby,     . 


Name  of  Representative. 


Francis  C.  Curtis,     . 
John  J.  O'Brien, 


Aaron  C.  Handley,  . 


Parker  J.  Kemp, 


Charles  F.Worcester, 


Marlborough. 
Marlborouo-h. 


Acton. 


Pepj)erell. 


Townsend. 


COUNTY   OF   WORCESTER. 


C  Athol,      . 
^  Royal  ston, 
(^Phillipston, 

f  Gardner, . 
j  Winchendon, 

Terapleton, 
[  Ashburnham, 

(  Ban-e, 
I  Dana, 
<j  Petersham, 

Hardwick, 

Rutland,  . 

f  Westminster, 
I  Hul)bardston, 
■I  Princeton, 
Holden,   . 
(^  Pax  ton,    . 

fBrookfield, 
I  North  Brookfield, 
I  West  Brookfield, 
<{  New  Braintree, 

Oakham, , 
I  Sturbridge, 
1^  Warren,  . 


Lucien  Lord, 


Morton  E.  Converse, 
S.  Augustus  Howe,  . 


Henry  C.  Longley,  . 


Ledyard  Bill, 


George  H.  Brown,    . 
Timothy  Howard,    . 


Athol. 


Winchendon. 
Gai'dner. 


Dana. 


Paxton. 


W.  Brookfield. 
No.  Brookfield. 


1184 


House  or  Repkesextatives. 

COUNTY  OF  WORCESTER  — Continued. 


Town  or  Ward. 


6th, 
7tll, 

8th, 

9th, 

10th, 

11th, 
12th, 


13th, 


Uth, 

15th, 

16th, 
I7th, 


^  Spencer,  . 

1  Leicester, 

C  Charlton, 
^  Dudley,  . 
(^  Southbridge, 

C  Webster, . 

2  Oxford,  , 
(^Auburn,  . 

Douglas, . 
Millbury, 
Sutton,     • 

Uxbridge, 
jSTorthbridge, 
Upton,     . 

(  Blackstone, 
J  Men  don,  . 
1  Milford,  . 
(^  Hopedale, 

f  Westborough, 
I  Northborough 
J  Southborough, 
"i  Berlin,     . 
j  Shrewsbury, 
l^  Grafton,  . 

f  Boj'lston, 

Bolton,     . 
I  West  Boylston 
<(  Clinton,   . 

Harvard,. 
I  Lancaster, 
1^  Sterling,  . 

^  Leominster, 
I  Lunenburg, 


Fitchburg,  Wards  1, 

2,  3,  4,  5,  6,  . 

Worcester,  Ward  1, 
Worcester,  Ward  2, 


Kame  of  Bepresentative. 


Louis  E.  P.  Moreau, 
Hezeki'h  W.Williams, 

John  F.  Hinds, 

Henry  B.  Bullard,    . 

Chas.  H.  Harriman, 


John  T.  McLoughlin 
Michael  Carroll, 


John  W.  Fairbanks, 
Edward  C.  Howe,     . 


Charles  T.  Fletcher, 
Wellington  E. 

Parkhurst, 


Aaron  O.  Wilder,     . 

John  W.  Kimball,    . 
Michael  J.  Murray,  . 

Henry  C.  Wheaton, . 

William  H.  Rice,      . 


Spencer. 
Dudley. 

Webster. 

Sutton. 

Northbridsre. 


Milford. 
Blackstone. 


Westborough. 
Shrewsbury. 


Lancaster. 
Clinton. 

Leominster. 

Fitchburg. 
Fitchburg. 

Worcester. 

Worcester. 


House  of  Representatives. 

COUNTY  OF  WORCESTER— Concluded. 


1185 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

18th, 

Worcester,  Ward  3, 

Eugene  M.  Moriarty, 

Worcester. 

19th, 

Worcester,  Ward  4, 

James  H.  Mellen,     . 

Worcester. 

20th, 

Worcester,  Ward  5, 

Patrick  J.  Quinn,     . 

Worcester. 

21st, 

Worcester,  AVard  6, 

Franklin  B.  White,  . 

Worcester. 

22d, 

Worcester,  Ward  7, 

Henry  G.  Taft, 

Worcester. 

23d, 

Worcester,  Ward  8,  ■ 

George  S.  Clough,    . 

Worcester. 

COUNTY   OF   HAMPSHIRE. 


(  Northampton,  Wds.  "^ 
I       1,  2,  3,  4,  5,  6,  7, 
I  Eastham2:)ton, 
[  Southampton, 


(  Chesterfield, 

Cummington, 

Goshen,   . 
,  Huntington, 
'  Middiefield, 

Plainfield, 

Westhampton, 
^  W^orthiugton, 


Hatfield,  . 
i  Hadley,  . 
i  South  Hadley, 

Williamsburg, 


^  Amherst, 
}  Belchertown, 
QGranby,  . 

f  Enfield,    . 
j  Greenwich, 

Pelhara,  . 

Prescott,  . 

Ware, 


Arthur  F.  Nutting,  . 
Barney  T.  Wetherell, 


Edward  A.  Atkins, 


Myron  H.  Judd, 


Charles  S.  Smith, 


Lysander  Thurston, 


Northampton. 
Southamjiton. 


Plainfield. 


South  Hadley. 


Amherst. 


Enfield. 


1186 


District. 


1st, 

2d, 

3d, 

4th, 
5th, 
6th, 
7th, 
8th, 

9th, 
10th, 


House  of  Kepresentatives. 
county  of  hampden. 


Town  or  Ward . 


Kame  of  Representative. 


f  Chester,  . 
i  Blandford, 
I  Tolland,  . 
j  Granville, 

Southwick, 

Agawana, 

f  Montgomery,  . 

I  Russell,   . 

1  Westfield, 

l^  West  Springfield, 

5  Holyoke,  Wards  5, ) 
^      6,7,      .        .        .1 

5  Holyoke,   Wards  1,  ? 
J      9   ^  4-  c 

Chicopee, 

5  Springfield,   Wards  ) 
^1,4,8,.         .         .1 

Springfield,  Ward  5, 

^  Springfield,  Wards  ? 


2,  3,  6,  7, 

'  Longmeadow, 
Hampden, 
<{  Wilbraham, 
Monson,  . 

[  Wales,     . 

f  Ludlow,  . 
■  Palmer,    . 

Brimfield, 

Holland,  . 


James  W.  Knox, 


James  A.  Lakin, 
Ethan  Brooks,  . 


James  Ramage, 


William  P.  Buckley, 

Eugene  J.  O'Neil,    . 

Frederick  H.  Gillett, 
Hiram  B.  Lane, 

John  McFethries,     . 

Herman  Buchholz,  . 
Henry  S.  Dickinson, 


Herbert  A.McFarland 


H.  E.  W.  Clarke, 


Residence. 


Blandford. 


Westfield. 
W. Spring-field. 


Holyoke. 


Holyoke. 

Chicopee. 

Springfield. 
Springfield. 

Springfield. 

Springfield. 
Springfield. 


Wales. 


Palmer. 


COUNTY   OF   FRANKLIN. 


1st, 


^  Greenfield, 
)  Shelburne, 
(^  Bernardston, 


Myron  L.  Corbett, 


Bernai-dston. 


House  op  Eepeesentatives. 

COUNTY  OF  FRANKLIN  —  Concluded. 


1187 


2(1, 


3d, 


4th, 


5th, 


Town  or  Ward. 


(  Warwick, 
I  Orange,   . 
<{  New  Salem, 
I  Ei'viiig:,    . 
l^  Shutesbury, 

fNorthfield, 
I  Gill, 

I  Montague, 
i  Wendell,. 

f  Leverett, . 
I  Sunderland, 
-{  Whately, 
Deertieid, 
[  Conway,  . 

fAshfield, . 
Buckland, 
Charlemont, 
Col  rain,   . 

<j  Hawley,  . 
Heath,  . 
Leyden,  . 
Rowe, 

\^  Monroe,  . 


Name  of  Representative. 


Edward  A  Goddard, 


Samuel  E.  Rijiley,    . 


James  W.  Clapp, 


Charles  B.  Newell,  . 


Residence. 


Orange. 


Montaofue. 


Deerfield. 


Rowe. 


COUNTY  OF  BERKSHIRE. 


1st, 


2d, 


3d, 


C  New  Ashf ord, . 
Williamstown, 
North  Adams, 
Florida,   . 

^  Clarksburg, 

^  Adams,  . 
<  Cheshire, 
C Savoy,     . 

Hancock, 

Lanesborough 

Lenox, 

Windsor,. 
^  Peru, 

Hinsdale, 

Washington, 
(^Richmond, 


Nathan  B.  Flood, 
Stephen  A.  Hickox, 


Andrew  J.  Bueklin, . 


Ebenezer  Shaw, 


North  Adams. 
Williamstown. 


Adams. 


Windsor. 


11S8 


House  of  Representatives. 

COUNTY  OF  BERKSHIRE  —  Concluded. 


Town  or  Ward. 


Name  of  Representatiye. 


4th, 
5th, 

6th, 
7th, 


Pittsfield, 
Dalton,    . 

Stockbridge,    . 
Lee, 
Becket,    . 

(  West  Stockbridge, 

!  Alford,     . 

I  EgTemont, 

(^  Great  Ban'ington, 

f  Monterey, 

Otis, 

Sandisfield, 
<(  New  Marlborough, 

Sheffield, 
I  Mt.  Washington, 
l^  Tyringhani,     . 


Franklin  F.  Reed,     . 
Peter  J.  McDonald, . 

Charles  E.  Hinckley, 


John  P.  Pomeroy, 


Heniy  W.  Langdon, 


Pittsfield. 
Pittsfield. 

Lee. 


G.  Barrington. 


Monterey. 


COUNTY  OF  NORFOLK. 


1st, 

2d, 
3d, 

4th, 
5  th, 
6th, 

7th, 
8th, 


Dedham, . 
Norwood, 

Brookline, 

Hyde  Park, 

Milton,     . 
Canton,    . 

Quincv,  Ward 

3,  4,'  5,  6, 
Weymouth, 

5  Braintree, 
}  Holbrook,      ^ 

r  Randolph, 
I  Stoughton, 
<{  Avon, 

Sliaron,    . 
y  Walpole, . 

f  Franklin, 
j  Foxboroagh, 
j  Wrentham, 
j  Bellingham, 
I  Medway, . 
^Norfolk,  . 


1,2, 


James  A.  Hartshorn, 

Geo.  N.  Carpenter,  . 
Wilbur  H  Powers,  . 

Augustus  Hemenway, 

Josiah  Quincy, 
James  F.  Burke, 
Zechariah  L.Bicknell, 

B.  Herbert  Woodsum, 


Henry  AV.  Brittou,   . 
Robert  P.  Capen, 


ErastusP.  Carpenter, 
Nathan  H.  Fates, 


Norwood. 

Brookline. 
Hyde  Park. 

Canton. 

Quincy. 
Quinc}-. 
Weymouth. 

Braintree. 


Stoughton. 
Stouo'hton . 


Foxborough. 
Norfolk. 


House  of  Kepeesentatives. 

COUNTY  OF  NORFOLK  —  Concluded. 


1189 


District.                  Town  or  Ward. 

Name  of  Representative. 

Residence. 

9th, 

fNeedham,        .         .") 
Dover,     .        .        .  j 
<j  Medfield,         .        .  )■ 
1  Wellesley, 
l^Millis,      .        .        J 

N.  Frank  Harding,  . 

Medfield. 

COUNTY   OF  PLYMOUTH. 


1st, 
2d, 

3d, 

4th, 

6th, 
6th, 

7th, 

8th, 

9th, 

10th, 
11th, 
12th, 


Plymouth, 

(  Marshfield, 
j  Plympton, 
I  Kingston, 
i^Duxbury, 

rScituate,  . 
j  Norwell,  . 
j  Hanson,  . 
^^  Pembroke, 

^  Cohasset, 
)  Hingham, 
(Hull, 

^  Rockland, 
I  Hanover, 

^  Whitman, 
I  Abington, 

f  Mattapoisett, 

I  Marion,    . 

■I  Wareham, 

Rochester, 

^  Carver,    . 

^  Middleborough, 
)  Lakeville, 
(Halifax,  . 

^  Bridge  watei*, 

)  East  Bridgewater, 

(  West  Bridgewater, 

5  Brockton,  Wards  4, 
I     5, 6,      . 

{  Brockton,  Wards  2, 
Brockton,  Wards  1, 


3  Bro( 
I      7, 


Elkanah  Finney, 
William  J.  Wright, . 

John  E.  O.  Prouty,  . 

Thomas  Weston, 

Eben  C.  Waterman, 
Benj.  F.  Peterson,     . 

Benjamin  Gammons, 

Charles  W.  Turner, 

Amos  Hunting, 

Edward  E.  Herrod,  . 
Hiram  A.  INIonk, 
Harrison  O  Thomas, 


Plymouth. 
Duxbury. 

Scituate. 

Hingham. 

Hanover. 
Whitman. 

Rochester. 

Middleborough 

E. Bridgewater. 

Brockton. 
Brockton. 
Brockton. 


1190 


House  of  Represej^^tatives. 
county  of  bristol. 


1st, 

2cl, 
3cl, 

4th, 

oth, 
6th, 
7th, 

8th, 

9th, 

10th, 


Town  or  Ward. 


(  Attleborough, .  . ") 

!  N.  Attleborough,  .  ! 

1  Norton,    .         .  .( 

[  Seekonk, .        .  . J 


r  Mansfield, 
<  Easton,  . 
(^Raynham, 

("Taunton,  Wards   1 
^      2,3,4,5,6,7,8, 
(^Berkley,  . 

C  Fairhaven, 
<?  Acushnet, 
i^  P'reetown, 

5  New  Bedford,  Wds 
i      1,  2,  3,  . 

5  New  Bedford,  Wds 
j      4,  5,  6,  .        . 

^  Westport, 
;  Dartmouth, 


)  Fall   River,  Wards 
1      1,  2,  3,  4,  6,  . 

{  Fall   River,  Wards 

I      5,  7,  8,  9,      . 

(  Dighton,  . 
J  Somerset, 
I  Swanzey, 
[  Rehoboth, 


Name  of  Representative. 


Everett  S.  Horton, 
Edwin  Whitney, 


Elvin  L.  Smith, 


S.  Hopkins  Emery, 
Edward  Mott,  . 
J.  Lewis  Austin, 


James  A.  Lewis, 


Hailc  R.  Luther, 
Charles  F.  Shaw, 

George  F  Tucker,  . 
William  M.  Butler,  . 

Albert  C.  Kirby, 

Patrick  B.  Luby,  . 
Edw.  J.  Heffernan,  . 
John  T.  Hurley, 

Walter  J.  D.  Bullock, 
Squire  S.  Davis, 


Daniel  R.  Child, 


Residence. 


Attleborough. 
N.  Attleboro\ 


Mansfield. 


Taunton. 
Taunton. 
Taunton. 


Fairhaven. 


New  Bedford. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

Westport. 

Fall  River. 
Fall  River. 
Fall  River. 

Fall  River. 
Fall  Rivei'. 


Swanzey. 


COUNTY   OF   BARNSTABLE. 


1st, 


Falmouth, 

Bourne,    . 

Sandwich, 
■{  Mashpee, 

Barnstable, 
I  Yarmouth, 
1^  Dennis,    . 


Nathan  Edson, 
George  E.  Clarke, 


Barnstable. 
Falmouth. 


House  of  Repkesentatives. 

COUNTY  OF  BARNSTABLE  — Concluded, 


1191 


District. 

Town  or  Ward. 

Name  of  Reptesentative. 

Residence. 

f  Harwich, 

•1 

2d, 

J  Chatham, 
j  Brewster, 

John  Ken  rick,  Jr.,   . 

Orleans. 

(^Orleans,  . 

"  J 

(  Eastham, 

\ 

3d, 

J  Wellfleet, 
'  Truro,      . 
Provincetown, 

'  Y 

Robert  B.  Jenkins,  . 

Wellfleet. 

COUNTY  OF  DUKES  COUNTY. 


1st, 


fChilmark, 

Cottage  City, 
J  Edgartown, 
j  Gay  Head, 
I  Gosnold,  . 
tTisbury,  . 


Ulysses  E.  Mayhew, 


Tisbury, 


COUNTY   OF  NANTUCKET. 


1st, 


Nantucket, 


Arthur  H.  Gardner, 


Nantucket. 


EDWARD  A.  Mclaughlin, 

DANIEL  W.  WALDRON,   . 
JOHN  G.  B.  ADAMS,  . 


Clerk. 
Chaplain. 
Sergeant-at-Arms . 


1192 


Judicial  Department. 


JUDICIAL  DEPAETMENT. 


SUPREME  JUDICIAL  COURT. 

CHIEF  JUSTICE. 

WALBRIDGE  A.  FIELD, of  Boston. 


0  ASSOCIATE  JUSTICES 

CHARLES  ALLEN, 

OLIVER  WENDELL  HOLMES,  Jr., 

MARCUS  P.  KNOWLTON,  . 

JAMES  M.  MORTON,  . 

JOHN  LATHROP, 

JAMES  MADISON  BARKER,      . 


of  Bosto7i. 
of  Boston, 
of  SprHngfield. 
of  Fall  River, 
of  Boston, 
of  Pittsfield. 


SUPERIOR    COURT. 

CHIEF   JUSTICE. 

ALBERT  MASON, of  Brooklme. 

ASSOCIATE   JUSTICES. 

P.  EMORY  ALDRICH, of  Worcester. 

HAMILTON  B.  STAPLES, of  Worcester. 

CALEB  BLODGETT, of  Boston. 

CHARLES  P.  THOMPSON, of  Gloucester. 

JOHN  W.  HAMMOND, of  Cambridge. 

JUSTIN  DEWEY, of  Springfield. 

EDGAR  J.  SHERMAN, of  Lawrence. 

JAMES  R.  DUNBAR, of  Brookline. 

ROBERT  R.  BISHOP, of  Newton. 

HENRY  K.  BRALEY, of  Fall  River. 

DANIEL  W.  BOND, of  Northampton. 

JOHN  HOPKINS, of  Millbury. 

ELISHA  BURR  MAYNARD,        .        ...  of  Springfield. 


Judicial  Department. 


1193 


JUDGES  OF  PROBATE  AND  INSOLYENCT. 


JOHN  W.  McKIM,  Boston,  .... 
ROLLIN  E.  HARMON,  Lynn,      . 
CrEORGE  M.  BROOKS,  Concord, 
WILLIAM  T.  FORBES,  Westborongh, 
WILLIAM  G.  BASSETT,  Northampton,      . 
WILLIAM  S.  SHURTLEFF,  Springfield,     . 
CHESTER  C.  CONANT,  Greenfield,  . 
JAMES  T.  ROBINSON,  North  Adams, 
GEORGE  WHITE,  Wellesley,      . 
BENJAMIN  W.  HARRIS,  East  Bridgewater, 
WILLIAM  E.  FULLER,  Taunton, 
HIRAM  P.  HARRIMAN,  Wellfleet,     . 
JOSEPH  T.  PEASE,  Edgartown, 
THADDEUS  C.  DEFRIEZ,  Nantucket, 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


EEGISTERS  OF  PEOBATE  AND  INSOLYENCT. 


ELIJAH  GEORGE,  Boston,  . 
JEREMIAH  T.  MAHONEY,  Salem,     . 
JOSEPH  H.  TYLER,  Winchester, 
FREDERIC  W.  SOUTHWICK,  Worcester, 
HUBBARD  J\I.  ABBOTT,  Northampton, 
SAMUEL  B.  SPOONER,  Springfield,  . 
FRANCIS  M.  THOMPSON,  Greenfield, 
EDWARD  T.  SLOCUM,  Pittsfield,       . 
JONATHAN  COBB,  Dedham,      . 
JOHN  C.  SULLIVAN,  Middleborough, 
JOHN  H.  GALLIGAN,  Taunton, 
FREEMAN  H.  LOTHROP,  Barnstable, 
BERIAH  T.  HILLMAN,  Chilmark,      . 
BENJAMIN  F.  BROWN,  Nantucket, 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


DISTRICT  ATTOENEYS. 

OLIVER  STEVENS,  Boston,        ....  Suffolk. 

PATRICK  H.  COONEY,  Natick,  .        .        .  Northern. 

WILLIAM  II.  MOODY,  Haverhill,       .        .        .  Eastern. 

HARVEY  H.  PRATT,  Abington,         .        .        .  South-eastern. 

HOSEA  M.  KNOWLTON,  New  Bedford,    .        .  Southern. 

FRANCIS  A.  GASKFLL,  Worcester,    .        .        .  Middle. 

CHARLES  E.  HIBBARD,  Pittsfield,     .        .        .  Western. 

JOHN  A.  AIKEN,  Greenfield,       ....  North-western. 


1194 


Judicial  Depaktmei^t. 


SHERIFFS. 

JOHN  B.  O'BRIEN,  Boston, 
HORATIO  G.  HERRIClt,  Lawrence, 
HENRY  G.  GUSHING,  Lowell, . 
SAMUEL  D.  NYE,  Worcester,   . 
JAIRUS  E.  CLARK,  Northampton,    . 
SIMON  BROOKS,  Springfield,    . 
GEORGE  A.  KIMBALL,  Greenfield,  . 
JOHN  CROSBY,  Pittsfield, 
AUGUSTUS  B.  ENDICOTT,  Dedham, 
ALPHEUS  K.  HARMON,  Plymouth, 
ANDREW  R.  WRIGHT,  Taunton,      . 
JOSEPH  WHITCOMB,  Provincetown, 
JASON  L.  DEXTER,  Edgartown,      . 
JOSIAH  F.  BARRETT,  Nantucket,    . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket, 


CLERKS  OF  COURTS. 

HENRY  A.  CLAPP,  Boston,  Clerk  of  the   Supreme  Judicial  Court 

for  the  Commonwealth. 

JOHN  NOBLE,  Boston,  Supreme  Judicial  Court,       .  Suffolk. 

JOSEPH  A.  WILLARD,  Boston,  Sup.  Ct.  Civil.  Bus., )  Suffolk 
JOHN  P.  MANNING,  Boston,  Sup.  Ct.  Crim.  Bus.,  S 

DEAN  PEABODY,  Lynn, Essex. 

THEODORE  C.  HURD,  Cambridge,  ....  Middlesex. 

THEODORE  S.  JOHNSON,  Worcester,     .        .        .  Worcester. 

WILLIAM  H.  CLAPP,  Northampton,        .        .        .  Hampshire. 

ROBERT  O.  MORRIS,  Springfield,    ....  Hampden. 

EDWARD  E.  LYMAN,  Greenfield,     ....  Franklin. 

HENRY  W.  TAFT,  Pittsfield, Berkshire. 

ERASTUS  WORTHINGTON,  Dedham,      .        .        .  Norfolk. 

EDWARD  E.  HOB  ART,  Bridgewater,        .        .        .  Plymouth. 

SIMEON  BORDEN,  Fall  River, Bristol. 

SMITH  K.  HOPKINS,  Barnstable,     ....  Barnstable. 

SAMUEL  KENISTON,  Edgartown,    ....  Dukes. 

JOSIAH  F.  MURPHEY,  Nantucket,  .        .        .        .  Nantucket. 


Membeks  of  Congress. 


1195 


MEMBEES  OF  THE  EIFTY-SECOND  CONGEESS. 


[Congressional  Districts  established  by  Chap.  253,  Acts  of  1882.] 


Senators. 


HENRY  L.  DAWES, 
GEORGE  F.  HOAR, 


of  Pittsfield. 
of  Worcester. 


Representatives. 
District  I.  — CHARLES  S.  RANDALL,  . 
n.  — ELtJAH  A.  MORSE,   . 

III.  _  JOHN  F.  ANDREW,  . 

IV.  — JOSEPH  H.  O'NEIL,  . 
v.  — SHERMAN  HOAR,      . 

VI.— HENRY  CABOT  LODGE,  . 
VII.  — WILLIAM  COGSWELL,     . 
VIII.  — MOSES  T.  STEVENS, 
IX.  — GEORGE  FRED  WILLIAMS, 
X.  — JOSEPH  H.  WALKER, 
XL  — FREDERIC  S.  COOLIDGE, 
XII.  — JOEIN  C.  CROSBY,     . 


of  New  Bedford. 

of  Canton. 

of  Boston. 

of  Boston. 

of  Waltham. 

of  Nahant. 

of  Salem, 

of  North  Andover. 

of  Dedham. 

of  Worcester. 

of  Ashburnham. 

of  Pittsfield. 


Commontotaltb^  a{  Sl^assacljus^tts. 


Office  of  the  Secretary,  Boston,  July  10,  1891. 

Ifcertify  that  the  Acts  and  Resolves  contained  in  this 
volume  are  true  copies  of  the  originals,  and  that  the 
accompanying  papers  are  transcripts  of  official  records 
and  returns. 

I  further  certify  that  the  tables  showing  the  changes 
made  in  the  general  statutes  by  the  legislation  of  the 
presenfyear  have  been  prepared  and  are  published  as  an 
appendix  to  this  edition  of  the  laws  by  direction  of  the 
Governor,  in  accordance  with  the  provisions  of  Chap.  238 
of  the  Acts  of  1882. 

WILLIAM  M.  OLIN, 

Secretary  of  the  Commomvealth. 


APPENDIX. 


The  following  tables  have  been  prepared  by  Fisher  Ames,  Esq., 
appointed  to  that  duty  under  chapter  238  of  the  Acts  of  1882,  which 
authorizes  the  Governor  to  appoint  some  person  to  prepare  "  tables 
showing  what  general  statutes  have  been  affected  by  subsequent 
legislation,  in  such  manner  as  to  furnish  ready  reference  to  all 
changes  in  such  statutes." 


TABLES 


WHAT   GENERAL    STATUTES    OF   THE    COMIMONWEALTH 

HAVE   BEEN   AFFECTED   BY    SUBSEQUENT 

LEGISLATION. 

I. 


CHANGES   IN   THE   "PUBLIC   STATUTES." 


Chapter  1,  — Of  the  Jurisdiction  of  the  Commonwealth  and  Places 
Ceded  to  the  United  States. 

Sect.  1.  Provision  is  made  for  defining  the  boundary  line  between 
Massachusetts  and  Rhode  Island.  St.  1883,  113,  154.  And  between 
Massachusetts  and  New  Hampshire.     Res.  1885,  73  ;  1886,  58;  1891,  70. 

Sect.  3.  Jurisdiction  is  ceded  to  the  United  States  over  a  part  of 
Gallop's  island  in  Boston  harbor.  St.  1889,  27.  And  certain  lands  in 
Winthrop.     St.  1891,  81. 

Sect.  4.  The  United  States  are  given  concurrent  jurisdiction  with  the 
Commonwealth  over  lands  of  the  United  States  fish  and  fisheries  com- 
mission.    St.  1882,  131. 

Chapter  la.  — Of  the  Great  Seal. 
The  form  of  the  great  seal  is  established.     St.  1885,  288. 

Chapter  2.  — Of  the  General  Conrt. 

Sect.  2.  Practice  before  the  general  court  and  its  committees  regulated. 
Sts.  1890,  456;  1891,  223. 

Sect.  5-14.  The  law  as  to  the  notice  of  petitions  is  revised  and  amended. 
Sts.  1885,  24;  1890,302. 

Sect.   15.     The  pay  of  members  is  $750.     Sts.  1884,  319  ;  1886,  352. 

Sect.  17.  The  compensation  of  the  door-keepers  is  $1,400;  messen 
gers,  $750  ;  assistant  door-keepers  and  postmaster,  $850.     St.  1887,  116. 

Sect.  18.  The  compensation  of  the  pages  is  fixed  at  three-fifths  of  that 
of  the  messengers.     St.  1887,  116. 


1200  Changes  in  the  [Chap.  2. 

Sects.  21,  22.  The  clerks  of  the  senate  and  of  the  house  may  employ 
additional  clerical  assistance.     St.  1888,  1. 

Sect.  21.  The  salaries  of  the  clerks  of  the  senate  and  of  the  house  of 
representatives  are  $3,000.     St.  1884,  329. 

Sect.  22.  The  salaries  of  the  assistant  clerks  of  the  senate  and  of  the 
house  of  representatives  are  $1,500.     Sts.  1882,  257,  §  1  ;  1884,  334. 

Sects.  24,  35,  relating  to  the  annual  election  sermon,  are  repealed.  St. 
1884,  60. 

Sect.  27.  The  limit  of  the  number  of  door-keepers,  assistant  door- 
keepers, messengers  and  pages  is  thirty-two.     St.  1882,  257,  §  4. 

Sect.  34.  The  following  Monday,  when  Christmas  falls  on  Sunday,  is 
added.     St.  1882,  49. 

A  commission  established  for  the  promotion  of  uniformity  of  legislation 
in  the  United  States.     St.  1891,  405. 

Chapter  3.  —  Of  the  Statutes. 

Sect,  1.  When  an  act  is  required  to  be  accepted  by  a  municipal  or 
other  corporation,  a  return  of  its  action  must  be  made  by  it  to  the  secretary 
of  the  Commonwealth.     St.  1883,  100. 

Sect.  3.  "  Mayor  and  aldermen  "  shall  be  construed  to  mean  "  board 
of  aldermen,"  unless  it  is  otherwise  provided,  and  except  in  case  of  appoint- 
ments.    St.  1882,  164. 

"  Net  indebtedness  "  of  towns,  cities  and  districts  in  the  laws  regulating 
the  investments  of  banks,  etc.,  shall  be  computed  omitting  water  debts  and 
deducting  sinking  funds.     St.  1883,  127. 

A  daily  or  weekly  periodical  devoted  exclusively  to  legal  news  shall  be 
deemed  to  be  a  newspaper  for  the  insertion  of  legal  notices.  St.  1885, 
235. 

Chapter  4.  —  Of  the  Printing  and  Distribution  of  the  Laws  and  Public 

Documents. 

Tables  of  changes  in  the  general  statutes  by  subsequent  legislation,  and 
indexes,  are  to  be  prepared  and  published  with  such  editions  of  the  laws 
as  the  governor  may  direct.     St.  1882,  238. 

The  preparation  and  publication  of  supplements  to  the  Public  Statutes 
and  their  distribution,  is  provided  for.     St.  1888,  383  ;  Res.  1891,  60. 

The  provisions  as  to  the  printing  and  distribution  of  the  laws  and  public 
documents  are  revised.     St.  1889,  440. 

Number  of  reports,  etc.,  to  be  printed,  changed  as  follows  :  — 

Board  of  registration  in  dentistry,  2,500.     St.  1891,  76. 

Board  of  arbitration,  2,000.     St.  1891,  191. 

Statistics  of  manufactures,  6,000.     St.  1891,  193. 

Board  of  metropolitan  sewerage  commissioners,  1,500.  Controller  of 
accounts  of  county  officers,  1,500.  General  superintendent  of  prisons, 
1,500.     Of  the  manual  of  the  general  court,  10,000.     St.  1891,  292. 

The  report  of  the  commissioner  of  foreign  corporations  and  the  return 
of  assessed  polls,  registered  voters  and  ballots  cast,  are  added  to  the  series 
of  public  documents,  aud  1,500  copies  of  each  are  to  be  printed.  St.  1890, 
50,  223. 


Chap.  4.]  PUBLIC    STATUTES.  1201 

The  chief  of  the  bureau  of  statistics  of  labor  may  publish  parts  of  the 
reports  before  the  presentation  of  the  complete  report.     8t.  1890,  97. 

Sect.  7.  The  report  of  the  commissioners  of  savings  banks  may  here- 
after be  published  in  two  volumes.     St.  1890,  126. 

f  Express  and  postage  on  legislative  and  other  documents,  forwarded  to 
members  of  the  general  court,  are  to  be  paid  by  the  Commonwealth.  St. 
1889,  53. 

Sect.  5  et  seq.  Provision  is  made  for  reports  of  capital  trials.  St. 
1886,  214. 

Sect.  7.     "Of  labor  "  is  added  after  "  bureau  of  statistics."     St.  1882,  6. 

Sect.  9.  Provision  is  made  for  the  annual  publication  of  election  cases. 
Res.  1886,  36. 

By  Res.  1887,  16,  a  contract  for  the  state  printing  for  five  years  is  to  be 
made  in  the  mode  there  provided. 

Sect.  12.  One  copy  of  the  Index-Digest  of  the  Massachusetts  reports 
is  to  be  furnished  to  each  city  and  town.     St.  1887,  118. 

Chapter  5.  — Of  the  State  House,  the   Sergeant-at-Arms,  and  State 

Library. 

The  Commonwealth  building  is  put  in  charge  of  the  same  officers  and 
committee  as  the  state  house,  and  the  janitor  and  fireman  at  Pemberton 
square  are  transferred  to  it.     St.  1884,  14. 

The  commissioners  on  the  state  house  no  longer  have  in  charge  the 
contingent  expenses  of  the  council  and  the  offices  in  the  state  house. 
St.  1887,  128. 

Sects.  4,  6,  9,  10.  The  duties  of  the  sergeant-at-arms  are  defined  and 
the  salaries  and  designations  of  certain  of  his  appointees  are  established. 
St.  1887,  128. 

He  shall  keep  dockets  of  legislative  counsel  and  agents.    St.  1 890, 456,  §  2. 

Sect.   10.     The  salary  of  the  sergeant-at-arms  is  $3,000.     St.  1884,  333. 

Sect.  17.  The  salary  of  the  assistant  librarian  and  clerk  of  the  board 
of  education  is  $2,500.     St.  1887,  209. 

Sect.  18.  The  allowance  for  assistance  in  the  state  library  is  $3,500. 
St.  1891,24. 

Sect.  20.  The  amount  annually  appropriated  for  books,  furniture,  etc., 
is  $5,000.     Sts.  1882,  196  ;  1888,  24. 

Chapter  6. — Of  the  Qualification  and  Registration  of  Voters. 

This  chapter  is  repealed  and  a  new  chapter  is  substituted.  St.  1890, 
423,  §§  2-65. 

Sect.  1.  A  voter  who  has  changed  his  residence  within  the  Common- 
wealth shall  have  a  right  to  vote  in  his  former  place  of  residence  in  elec- 
tions for  national.  State,  district  and  county  officers,  until  the  expiration  of 
six  months  after  such  removal.     St.  1891,  286,  §  1. 

No  person  who  has  served  in  United  States  army  or  navy  in  time  of  war 
and  been  honorably  discharged,  shall  be  disqualified  on  account  of  having 
received  aid  from  any  citv  or  town,  or  because  of  non-payment  of  a  poll- 
tax.     St.  1891,  286,  §  2". 


1202  Changes  in  the  [Chap.  6. 

Assessors  of  taxes  shall  compile  street  lists  of  voters.  St.  1890,  423, 
§  25;  amended  by  St.  1891,  277. 

Sect.  11.  Provision  made  for  better  representation  of  the  leading  politi- 
cal parties  on  boards  of  registrars.     St.  1891,  395. 

Sect.  15-23.     Sessions  of  registrars  of  voters  regulated.     St.  1891,  242. 

Sect.  20.  Registrars  shall  ascertain  the  facts  as  to  change  of  resi- 
dence of  voters  prior  to  May  1,  and  enter  his  residence  against  the  name 
of  the  voter  in  such  case  on  the  voting-list,  and  the  city  or  town  shall  pay 
the  necessary  expenses.     St    1891,  290. 

In  any  prosecution  for  a  violation  of  any  law  in  reference  to  the  regis- 
tration, qualification  or  assessment  of  voters  or  in  reference  to  check-lists 
or  ballots,  the  presumption  is  in  favor  of  the  regularity  of  the  proceedings 
and  the  defendant  must  prove  any  irregularity.     St.  1890,  393,  §  1. 

Chapter  7.  —  Of  the  Manner  of  Conducting  Elections  and  Returning 

Votes. 

This  chapter  is  revised.     St.  1890,  423,  §§  66-145. 

The  Australian  system,  so  called,  of  printing  and  distributing  ballots  and 
voting  is  adopted,  to  take  effect  Nov.  1,  1889.  St.  1888,  436,  as  amended 
by  St.  1889,  413. 

The  holding  of  caucuses  or  public  meetings  of  the  qualified  voters  of 
cities  and  towns  for  political  purposes  is  regulated.  Fraud  at  such  meet- 
ings is  made  criminal.     St.  1888,  441. 

Election  officers  in  cities  shall  be  appointed  in  September  in  each  year. 
St.  1891,  256. 

Supervisors  of  elections  provided  for  and  their  duties  defined.  St.  1891, 
264. 

Candidates  for  public  office  are  protected  against  anonymous  circulars 
and  posters.     St.  1890,  381. 

The  secretary  of  the  Commonwealth  shall  furnish  blank  nomination 
papers  for  State  officers  and  give  such  directions  and  instructions  to  town 
officers  as  will  aid  tliem  in  election  duties.     St.  1891,  329,  §  3. 

The  registrars  need  not  certify  on  a  nomination  paper  more  than  the 
number  of  names  required  to  make  the  nomination  with  one-fifth  added. 
The  designation  to  be  added  to  the  name  of  the  candidate  on  the  ballot, 
where  the  nomination  is  not  made  by  a  recognized  party,  is  fixed.  A  new 
board  of  commissioners  of  appeal  under  section  7  of  St.  1889,  413,  is 
constituted.  The  nominations  which  may  be  made  at  a  caucus  are  deter- 
mined. Unless  it  is  a  caucus  of  a  party  casting  at  least  three  per  cent, 
of  the  vote,  at  least  twenty-five  voters  must  attend  it.  The  number  of 
ballots  to  be  furnished  is  fixed.  Certificates  of  nomination,  nomination 
papers,  records  of  ballots  furnished  and  receipts  therefor  need  be  preserved 
for  one  year  only.  Objections  and  withdrawals  shall  be  made  within 
seventy-two  hours  succeeding  the  last  day  for  filing  nomination  papers. 
All  signatures  shall  be  made  in  person.  Partial  ballots  are  furnished  for 
persons  who  vote  partly  in  one  town  and  partly  in  another.     St.  1890,  436. 

Provision  is  made  for  the  case  of  the  death,  withdrawal  or  ineligibility 
of  a  candidate  after  nomination.  St.  1890,  436,  §  4,  as  amended  by  St. 
1891,  278. 


Chap.  7.]  PUBLIO    STATUTES.  1203 

No  greater  number  of  candidates  for  any  office  shall  appear  on  the  official 
ballot  bearing  any  one  party  designation  than  there  are  persons  to  be  elected 
to  such  office.     St.  1891,  270. 

The  number  of  the  ward  of  which  a  candidate  for  alderman  at  large  is  a 
resident  shall  be  added  to  his  name  on  the  ballot.  St.  1891,  269.  The  last 
day  for  filing  nomination  papers  and  certificates  fixed.     St.  1891,  305. 

Nomination  papers  and  certificates  must  be  filed  before  five  p.m.  of  the 
last  day  for  filing  them.     St.  1891,  74,  §  2. 

At  elections  of  State  and  city  officers  polls  may  be  opened  as  early  as  six 
A.M.     St.  1891,  314. 

A  voter  needing  assistance  in  voting  may  require  it  of  an  election  officer 
of  a  particular  political  party.     St.  1891,  238. 

A  uniform  system  of  counting  and  canvassing  votes  and  blank  forms  and 
apparatus  therefor,  provided  for.     St.  1891,  328. 

The  care,  custody  and  repair  of  the  state  ballot-boxes  shall  be  under  the 
direction  and  control  of  the  secretary  of  the  Commonwealth.  St.  1891, 
329,  §  1. 

In  reckoning  number  of  days  under  election  laws,  Sundays  and  holidays 
shall  be  included,  except  that  a  period  to  follow  or  precede  a  certain  day, 
or  event,  shall  not  begin  or  end  on  a  Sunday  or  holiday,  but  on  the  day 
after  or  before,  as  the  case  may  be.     St.  1891,  74,  §  1. 

Chapter  8.— Of  the  Election  of  Governor  and  other  State  Oflaeers. 

This  chapter  is  revised.     St.  1890,  423,  §§  146-164. 

Sects.  2,  3.     New  councillor  districts  are  established.  St.  1886,  348. 

Sects.  4,  5.     New  senatorial  districts  are  established.  St.  1886,  338. 

Sect.  6.     New  representative  districts  are  established.  St.  1886,  256. 

Chapter  9.  — Of  the  Election  of  Bepresentatives  in  Congress    and 
Electors  of  President  and  Vice-President. 

This  chapter  is  revised.     St.  1890,  423,  §§  165-187. 

Sects.  1,  2.  A  division  of  the  state  into  congressional  districts  is 
made.  The  provision  requiring  residence  in  the  district  is  omitted.  St. 
1882,  253.     A  new  division  made  into  thirteen  districts.     St.  1891,  396. 

Chapter  10.  —  Of  the  Election  of  District  and  County  Oflaeers. 
This  chapter  is  revised.     St.  1890,  423,  §§  188-207. 

Chapter  11.  —  Of  the  Assessment  of  Taxes. 

The  polls  and  estates  of  the  several  cities  and  towns,  as  a  basis  of  appor- 
tionment for  state  and  county  taxes,  are  established.     St.  1889,  103. 

The  assessors  may  in  any  year  divide  any  ward  in  a  city  into  convenient 
assessment  districts.     St.  1889,  115. 

Sect.  4,  which  defines  taxable  personal  estate,  is  amended  in  the  line 
reading  "  but  not  including  in  such  debts  due,  any  loan  on  mortgage  of  real 
estate,"  by  striking  out  "due"  and  inserting  in  its  place  "or  indebted- 
ness."    St.  1882,  76. 


1204  Chais^ges  in  the  [Chap.  11. 

Corporations  formed  to  construct  railroads  and  telegraphs  la  foreign 
countries  shall  be  within  the  proviso  of  this  section.     St.  1887,  228. 

Bonds  of  all  railroads  including  street  railways  are  added  to  the  list  of 
kinds  of  personal  property  taxable.     St.  1888,  363. 

Personal  property  leased  for  profit  is  taxed  where  situate  to  the  owner  or 
person  having  possession.     St.  1889,  446. 

Skct.  5,  cl.  3.  The  exemption  given  to  literary,  scientific  and  charitable 
institutions  is  lost  by  a  wilful  omission  to  bring  in  the  list  required,  but 
this  act  does  not  apply  to  corporations  making  returns  to  the  insurance 
commissioner.     St.  1882,  217,  §§  2,  4. 

Sect,  .o,  cl.  3,  which  provides  for  the  exemption  from  taxation  of  certain 
benevolent  institutions,  is  revised.  Temperance  societies  and,  to  the  amount 
of  twenty  thousand  dollars,  grand  army  and  veteran  associations  are  added. 
St.  1889,  465. 

There  is  no  exemption  if  any  part  of  the  income  or  profits  is  divided  or 
is  used  for  other  than  literary,  educational,  benevolent,  charitable,  scien- 
tific or  religious  purposes.     St.  1888,  158. 

Sect.  5,  cl.  9.  The  real  estate  and  buildings  of  unincorporated  horti- 
cultural societies,  so  far  as  used  for  offices,  libraries  and  exhibitions,  is 
exempt.     St.  1884,  176. 

Sect.  5,  cl.  10.  That  the  property  is  owned  in  common  with  others 
does  not  affect  the  exemption.     St.  1885,  169. 

The  property  of  the  Lynn  Workingmen's  Aid  Association  is  exempt. 
St.  1884,  184. 

Sect.  10.  The  provisions  of  this  section  as  to  the  taxable  valuation  of 
vessels  engaged  in  the  foreign  carrying  trade  are  extended  for  two  years. 
St.  1-887,  373.  And  for  two  years  more.  St.  1889,  286.  And  for  two 
years  more.     St.  1891,  116. 

Sect.  13.  The  language  of  this  section  is  modified.  The  person  appearing 
as  the  owner  of  record  is  held  the  true  owner,  even  if  deceased.    St.  1889,  84. 

Sect.  14,  which  provides  for  the  taxation  of  mortgaged  real  estate,  and 
prevents  double  taxation,  is  amended  by  changing  *'  taxable  real  estate," 
in  the  first  line,  to  "  real  estate  not  exempt  from  taxation  under  section  five 
of  this  chapter."     St.  1882,  175. 

Sect.  20.  Two  clauses  are  added  :  8th,  personal  property  held  by  an 
assignee  in  insolvency,  or  by  an  assignee  for  creditors,  is  assessed  to  him 
at  the  insolvent's  place  of  business,  or  if  he  has  none,  at  his  residence  ; 
9th,  personal  property  held  by  joint  owners  or  tenants  in  common,  and 
partners,  to  them  according  to  their  respective  interests,  at  the  place  where 
they  respectively  reside.     St.  1882,  165. 

Provision  is  made  for  the  assessment  of  taxes  on  royalty-paying  machines. 
St.  1887,  125. 

Sects.  31,  35.  The  taxes  assessed,  exclusive  of  state  tax,  county  tax 
and  sums  required  to  be  raised  for  the  city  debt,  shall  not  exceed  twelve 
dollars  on  every  thousand  of  the  average  valuation  of  the  preceding  three 
years,  and  any  order  or  appropriation  requiring  a  larger  assessment  is  void. 
St.  1885,  312,  §  1. 

Provision  is  made  for  a  state  tax  of  five  per  cent,  on  collateral  legacies 
and  successions,  and  on  grants  to  take  effect  after  death  of  grantor  in 
estates  exceeding  $10,000.     St.  1891,  425. 


Chap.  11.]  PUBLIC   STATUTES.  1205 

Sect.  38.  A  swoi'n  statement  of  mortgaged  real  estate,  giving  the 
amount  of  the  mortgage,  must  be  filed  or  the  interest  of  the  mortgagee 
need  not  be  assessed  to  him.     St.  1882,  175,  §  1. 

A  list  of  property  held  for  literary^,  benevolent,  charitable  or  scientific 
purposes,  and  of  all  receipts  and  expenditures  for  said  purposes,  is  required 
of  persons  and  corporations  except  such  as  make  returns  to  the  insurance 
commissioner  under  Pub.  St.  11,  §  115.     St.  1882,  217,  §  1. 

The  list  and  statement  may  be  as  of  the  last  day  of  its  financial  year 
next  preceding  the  first  day  of  May.     St.  1888,  323. 

Sect.  38  et  seq.  Assessors  in  towns  must  post  lists  of  persons  assessed 
for  poll-taxes.     St.  1888,  206. 

Sect.  39.  Oath  may  be  administered  by  one  of  the  assessors,  or  by  their 
secretary  or  head  clerk  or  —  if  affiant  is  absent  from  town  during  the 
whole  period  for  which  tax  is  laid  —  by  a  notary  public.     St.  1891,  381. 

Sect.  49.  The  overlay  is  valid,  although  it  may  cause  the  tax  to  exceed 
the  legal  limit.     St.  1887,  226. 

Sect.  50.  It  is  expressly  provided  that  the  resident  and  non-resident 
property  holders  shall  at  all  reasonable  times  have  free  access  to  the  list  of 
valuation  and  assessment,  and  assessors  are  punished  for  refusal  or  neglect 
to  submit  the  list  to  their  inspection  upon  request.     St.  1888,  307. 

Sect.  52.  The  title  of  the  first  column  of  the  valuation  book  is  changed 
from  "  Names  of  Persons  Assessed,"  to  "  Names  and  l\esidences  of  Per- 
sons Assessed."     St.  1883,  41,  §  1. 

Sects.  52,  54.  The  table  of  aggregates  is  to  be  deposited  every  year, 
and  new  items  are  included.     St.  1887,  86. 

The  items  to  be  stated  in  the  return  are  changed,  and  section  54  is 
revised.     St.  1890,  242. 

Sect.  53.  In  the  first  column,  the  street  and  number  of  the  person's 
residence  are  to  be  added  to  the  name.     St.  1883,  41,  §  2. 

Sect.  54.  The  assessors  are  required  to  enumerate  and  return  the 
number  of  neat  cattle  other  than  cows  assessed,  and  the  number  of  swine 
assessed.  St.  1885,  106.  And  the  number  and  value  of  fowls  assessed. 
St.  1891,  65. 

The  value  of  the  buildings,  the  total  number  of  tax  payers,  the  number 
who  pay  a  tax  on  property  and  the  number  who  pay  a  poll-tax  only  are  to 
be  stated.     St.  1886,  56. 

Sects.  54,  55.  Copies  of  the  assessor's  books,  instead  of  being  deposited 
with  the  secretary  of  the  Commonwealth  on  the  fifth  and  tenth  years,  are  to 
be  deposited  every  third  year,  beginning  with  1883.  The  copy  of  the  table 
of  aggregates  is  to  be  deposited  each  year,  instead  of  eight  years  in  ten. 
St.  1883,  91. 

Sect.  61.  The  tax  list  must  also  contain  a  certificate  of  the  amount 
assessed  upon  each  poll  as  state  and  county  tax  respectively.  St.  1889, 
467,  §  1. 

Sect.  69.  Tenants  under  obligation  to  pay  taxes  assessed  on  real 
estate  are  enabled  to  apply  for  an  abatement.     St.  1888,  315. 

Sect.  69-77.  An  appeal  is  given  to  the  superior  court  instead  of  to  the 
county  commissioners.     St.  1890,  127. 

Sect.  71.  On  petitions  for  the  abatement  of  taxes,  the  county  commis- 
sioners on  appeal  may  make  such  order  as  to  costs  as  justice  requires,  but 


1206  Changes  in  the  [Cha.p.  ii. 

taxable  costs  shall  not  be  given  to  a  party  who  has  failed  to  file  a  list  of 
bis  property.     St.  1882,  218. 

Sect.  77.  Dues  or  taxes  for  school  books  may  be  abated  under  this 
section.     St.  1885,  67. 

Sect.  78.  The  time  for  assessing  omitted  taxes  is  extended  so  that  any 
estate  discovered  after  the  rate  of  taxation  has  been  declared,  instead  of 
after  the  warrant  has  been  committed  to  the  collector,  may  be  assessed. 
Such  assessment  may  be  made  before  December  15  instead  of  before  Sep- 
tember 15.     St.  1886,  85. 

Where  the  property  taxable  is  omitted  and  the  error  is  discovered  after 
the  rate  of  taxation  has  been  declared,  it  shall  be  assessed  between  the 
fifteenth  and  twentieth  days  of  December.     St.   1888,  362. 

Sect.  90.  The  assessors,  with  the  statement  of  exempt  property,  must 
send  to  the  tax  commissioner  all  lists  and  statements  filed  by  persons  or 
corporations  holding  property  for  literary,  benevolent,  charitable  or  scien- 
tific purposes.     St.  1882,  217,  §  3. 

Sect.  91.  In  addition  to  the  debts  and  assets,  the  amount  of  the  sink- 
ing funds  or  annual  proportionate  payments  of  debts  must  be  given.  St. 
1882,  133,  §  2. 

Sect.  92.  The  return  as  to  steam  boilers  in  Boston  shall  be  made  by 
the  inspector  of  buildings.     St.  1882,  252,  §  5. 

Sect.  93.  The  apportionment  between  state  and  county  taxes  is  to  be 
stated  upon  the  tax  bills  of  male  persons  assessed  for  a  poll-tax  only,  and 
such  persons  shall  not  be  entitled  to  a  certificate  under  this  section.  St. 
1889,  467. 

Chapter  12.  —  Of  the  Collection  of  Taxes. 

The  state  treasurer  may  sue  to  recover  the  state  legacy  and  succession 
tax.     St.  1881,  425,  §  18. 

This  chapter  is  repealed  and  the  laws  as  to  the  collection  of  taxes  are 
revised  and  codified.     St.  1888,  390. 

Sect.  66  et  seq.  The  county  taxes  shall  be  collected  and  paid  into  the 
town  and  city^  treasuries,  and  the  town  and  city  treasurers  are  to  pay  them 
over  to  the  county  treasurers  at  such  times  as  the  county  commissioners 
may  direct  in  their  warrants.     St.  1889,  253. 

St.  1888,  390,  is  amended  as  follows  :  — 

§  2.  Notices  instead  of  tax  bills  are  to  be  sent.  They  may  be  sent  by 
mail.  Those  to  poll-tax  payers  must  be  sent  by  September  2.  St.  1889, 
334,  §  1. 

§  3.  Instead  of  the  entries  required  by  this  section  the  collector  is  to 
make  and  keep  entries  showing  the  disposition  of  the  tax,  whether  reas- 
sessed, abated  or  unpaid,  and  the  date  of  such  disposition.  St.  1889,  334, 
§  2. 

§   7.     His  fees   are  determined.     Sts.    1889,  334,  §  3;   1890,  331,  §  2. 

§  8.  The  collector  may  send  a  summons  by  mail.  St.  1890,  331,  §  1. 
Before  a  sale  of  real  estate,  distraint  or  arrest,  a  demand  must  be  made 
or  sent  by  mail.  The  persons  on  whom  it  shall  be  made  are  defined.  St. 
1889,  334,  §  4. 

§  19.  Instead  of  a  copy  of  the  warrant  he  leaves  a  certificate  of  the 
cause  of  commitment  and  the  amount  to  be  paid.     St.  1889,  334,  §  5. 


Chap.   12.]  PuBLTC    STATUTES.  1207 

§  23.  The  provisions  as  to  arrest  by  the  constable  himself  are  omitted. 
His  warrant  runs  to  any  of  the  sheriffs  of  the  several  counties  and  their 
deputies,  and  to  any  constable  or  deputy  collector  of  taxes  of  the  city  or 
town  of  which  he  is  collector.     St.  1889,  334,  §  6. 

§  24.  Taxes  reassessed  are  included.  The  provision  as  to  the  marriage 
of  a  female  tax  payer  is  omitted.  He  may  sue  as  if  to  collect  a  debt  due 
him.     St.  1889,  334,  §  7. 

§  28,  requiring  a  summons  and  providing  a  charge  therefor,  is  repealed. 
St.  1889,  334,  §  8. 

§  29.     New  fees  are  substituted.     St.  1889,  334,  §  3. 

§  30.  All  provisions  as  to  the  person  on  whom  the  demand  shall  be 
made  are  omitted.     St.  1889,  334,  §  9. 

§  32.  The  mortgagee  must  give  the  notice  to  the  collector  before  the 
tax  is  assessed.     St.  1889,  334,  §  10. 

§  33.  Instead  of  filing  or  recording  the  authority  to  his  attorney,  he 
must  give  notice  of  it  to  the  collector  before  September  1.     St.  1889,  334, 

§  11. 

§  37.  The  notice  need  not  be  posted  except  on  the  premises.  St.  1889, 
334,  §  12. 

§  41  is  repealed.     St.  1889,  334,  §  3. 

§  49.  The  time  for  payment  by  the  purchaser  is  extended  from  ten  to 
twenty  days.     St.  1889,  334,  §  13. 

§  51.  The  custody  of  the  deeds  in  cities  is  transferred  from  the  col- 
lector to  the  treasurer,  and  applications  for  redemption  are  to  be  made  to 
the  treasurer  and  not  to  the  collector.     St.  1889,  334,  §  14. 

§  57.  Knowingly  collecting  or  attempting  to  collect,  for  redemption,  a 
greater  sum  than  allowed,  is  punished.     St.   1891,  288. 

§§  69,  72.  The  requirement  that  the  assessors  shall  approve  the  action 
of  the  collector  in  requiring  the  surrender  of  a  tax  deed,  or  in  annulling  a 
title,  is  repealed.     St.  1889,  334,  §   16.    k> 

Forms  No.  5,  6,  7  are  changed.     St.  1889,  334,  §  16. 

Chapter  13.  — Of  the  Taxation  of  Corporations. 
The  office  of  deputy  tax  commissioner  is  abolished  and  that  of  tax  com- 
missioner is  created,  its  duties  defined  and  salary  fixed  at  $3,500.      St. 

1890,  160. 

The  commissioner  of  corporations  may  authorize  change  of  names  of  cer- 
tain corporations  upon  notice  and  hearing.     St.  1891,  360. 

Sect.  2.  The  salary  of  the  first  clerk  in  the  office  of  the  deputy  tax 
commissioner  is  $2,000  ;  of  the  second  clerk,  $1,500.  The  amount  allowed 
for  other  assistance  is  $14,000.     St.  1887,  342,  §  2. 

Additional  clerical  assistance  provided  for.     St.  1891,  342. 

The  tax  commissioner  shall  assess  upon  corporations  making  trust  depos- 
its with  the  treasurer  the  expenses  of  the  care  and  custody  thereof.     St. 

1891,  233. 

Sect.  6.  The  tax  commissioner  must  furnish  blanks  for  the  returns  of 
property  held  for  literary,  benevolent,  charitable  or  scientific  purposes. 
St.  1882,  217,  §  3. 

It  would  appear  that  he  should  send  the  blanks  for  steam  boiler  returns 


1208  Changes  ix  the  [Chap.  13. 

in  Boston  to  the  inspector  of  buildings  and  not  to  the  assessors.  St.  1882, 
252,  §  5. 

Sect.  24.  This  section  is  repealed.  The  capital  stock,  corporate 
franchises  and  personal  estate,  but  not  the  real  estate,  of  co-operative  banks 
are  exempt  from  taxation.     St.  1890,  63. 

Sects.  26,  34,  37.  The  statutes  as  to  the  taxation  of  insurance  com- 
panies are  revised.     St.  1887,  283. 

Sect.  25-37.  Every  accident,  fidelity  or  guaranty  insurance  company 
incorporated  without  the  state  and  doing  business  here  must  pay  an  excise 
tax.     St.  1890,  197. 

Sects.  17,  40.  Title  insurance  companies  are  taxed  nnder  these  sec- 
tions.    Sts.  1884,  180  ;  1887,  214,  §  64. 

Sect.  20.  The  time  is  extended  during  which  real  estate  held  by  savings 
banks,  by  foreclosure  or  purchase  at  mortgage  sales,  is  exempted.  (See  eh. 
116,  §  20,  cl.  8.)     St.  1883,  248. 

Sects.  20,  22.  Every  bank  which  has  paid,  with  or  without  protest,  a 
tax  on  its  real  estate  used  for  banking  purposes  is  reimbursed.  Sts.  1890, 
406;  1891,  171. 

Sect.  24.  In  this  section  the  name  "  co-operative  savings  fund  and 
loan  association"  is  changed  to  "co-operative  bank."     St.  1885,  121,  §  3. 

Sect.  33.  When  reinsurance  is  effected  otherwise  than  by  their  licensed 
resident  agent  no  deduction  is  to  be  made  for  the  sums  paid  for  such  rein- 
surance.    St.  1888,  154. 

Sect.  38-42.  Telephone  companies  are  to  be  taxed  under  these  sec- 
tions.    St.  1885,  238. 

Telephone  companies  fonned  under  the  laws  of  this  state  and  doing 
business  wholly  or  partly  within  this  state  are  taxed  nnder  these  sections ; 
but  not  on  stock  held  by  them  which  is  also  taxed..    St.  1886,  270. 

Sects.  40,  52,  53,  54,  57,  58,  59.  The  taxation  of  safe  deposit,  loan 
and  trust  companies  is  regulatei'.     St.  1888,  413, 

Sect.  42.  Every  corporation  or  association  for  mining,  quarrying,  or 
getting  earth  oils,  or  holding  lands,  organized  out  of  the  Commonwealth, 
which  opens  an  office  in  the  Commonwealth,  must  pay  a  tax  ;  and  the  offi- 
cers and  agents  here  are  liable  for  it.     Sts.  1882,  106  ;  1883,  74. 

Such  corporations  need  not  make  returns  nnder  St.  1882,  106,  if  they 
make  them  under  St.  1884,  330.     St.  1886,  230. 

Sect.  46.  Corporations  mentioned  in  this  section  are  within  the  proviso 
of  ch.  11,  §  4,  as  to  local  taxation.     St.  1887,  228. 

Sects.  61,62.  An  appeal  is  given  from  the  assessors  to  the  superior 
court  instead  of  to  the  county  commissioners.     St.  1890,  127. 

Chapter  14.  —  Of  the  Militia. 

The  amount  now  in  the  treasury  on  account  of  bounties  and  allotments 
to  soldiers  is  transferred  to  the  bounty  loan  sinking  fund.  Claims  against 
it  are  to  be  filed  with  the  auditor  and  allowed  by  him.     St.  1882,  112. 

A  naval  battalion  is  established  to  be  attached  to  the  volunteer  militia. 
St.  1888,  366. 

The  militia  laws  are  revised.     St.  1887,  411. 

An  officer  continued  by  appointment  in  the  same  office,  or  transferred 


Chap.   U.]  PublIC   STATUTES.  1209 

without  loss  of  grade  or  continuous  service  from  one  office  to  another, 
takes  rank  according  to  the  date  of  his  original  commission.  St.  1889, 
360,  §  1. 

Any  commissioned  officer  discharged  under  St.  1887,  411,  shall  not  be 
eligible  to  election  or  appointment  to  a  commission  within  six  months  after 
such  discharge.     St.  1889,  360,  §  2. 

Any  person  obstructing  or  interfering  with  the  right  of  way  given  by  St. 
1887,  411,  §  120,  is  punished  under  §  119  of  the  same  statute.  St.  1889, 
360,  §  3. 

Inspecting  officers  inspecting  armories  shall  receive  the  same  pay  and 
allowances  as  are  provided  for  officers  on  special  duty.     St.  1889,  360,  §  4. 

The  bj^-laws  are  to  be  approved,  not  by  the  commander-in-chief,  but  for 
unattached  companies,  signal  and  ambulance  corps  by  the  brigade  com- 
manders, and  for  all  others  by  their  respective  battalion  commanders. 
They  are  not  to  be  repugnant  to  articles  or  rules  adopted  for  the  general 
government  of  the  militia.     St.  1889,  360,  §  5. 

St.  1887,  411,  §  148,  is  amended  by  adding  that  the  books  of  the 
treasurer  and  other  books  of  any  command  shall  be  examined  by  the 
inspecting  officers  when  so  ordered  b}'  the  commander-in-chief,  and  subject 
to  his  action  on  the  receipt  of  the  report  of  such  examinations.  St.  1889, 
360,  §  6. 

Sect.  26.  There  is  added  to  the  non-commissioned  staff,  one  chief 
bugler  and  sixteen  drummers.     St.  1890,  425,  §  1. 

Sect.  27.  To  each  battalion  of  artillery  and  cavalry  there  shall  be 
allowed  a  veterinary  surgeon,  with  rank  of  lieutenant ;  the  office  of  assistant 
surgeon  to  be  abolished  w^hen  vacancies  occur.     St.  1891,  232,  §  4. 

Sect.  28.  To  each  company'  of  infantry  there  shall  be  one  bugler, 
instead  of  two  musicians.     St.  1890,  425,  §  2. 

Sect.  56.  The  chief  bugler  and  the  drummers  are  appointed  by  the 
regimental  commander.     St.  1890,  425,  §  3. 

Sect.  59.  The  colonel  shall  be  recruiting  officer  for  the  drummers. 
Applicants,  not  exceeding  fifteen  to  each  company  above  the  maximum, 
may  be  enrolled,  instructed  and  drilled  and  preferred  for  enlistment  as 
vacancies  occur.     St.  1890,  425,  §  4. 

Sect.  66.  An  officer  may  also  be  discharged  for  purposes  of  reorgani- 
zation.    St.  1890,  425,  §  5. 

Sect.  70.  The  "  no  objection  "  clause  in  the  discharge  paper  of  an  en- 
listed man  may  be  stricken  out  by  order  of  the  commander-in-chief.  St. 
1890,  425,  §  6. 

Sect.  71.  An  honorable  discharge  shall  not  be  given  unless  the  soldier 
has  complied  with  the  b^'-laws  of  his  organization  and  cancelled  all  his  in- 
debtedness to  it.     St.  1890,  425,  §   7. 

Sect.  72.  The  uniform  and  insignia  of  rank  shall  be  worn  only  by  per- 
sons entitled  thereto  either  under  the  laws  here  or  of  another  state  or  of 
the  United  States.     St.  1890,  425,  §  8. 

Sect.  74.  All  trousers  furnished  to  enlisted  men  shall  be  made  to 
measure  under  the  direction  of  the  chief  quartermaster-general  or  accord- 
ing to  rules  to  be  estalilished  by  him.     St.  1890,  425,  §  9. 

Sect.  91.  The  grand  army  maybe  allowed  to  use  the  state  camp 
ground.     Res.  1882,  15. 


1210  Changes  ix  the  [Chap.  u. 

vSect.  92.  Provision  is  made  for  the  purcliase  or  taking  of  land  and  the 
erection  of  armories  in  cities  in  Avhich  two  or  more  companies  of  militia 
are  located.     St.  1888,  384. 

Sect.  100-102.  Pay  of  buglers  and  drummers  on  duty  under  these 
sections  fixed.     St.  1891,  232,  §  1. 

Sect.  118.  Visits  by  colonels  and  battalion  commanders  to  companies 
provided  for.     St.  1891,  232,  §  2. 

Sect.  127.  The  law  defining  what  bodies  of  men  may  parade  with  arms 
is  revised.     St.  1890,  425,  §  10. 

Sect.  135.  $1.75  is  allowed  for  each  enlisted  man  for  repairs  and 
incidental  expenses.     St.  1890,  425,  §  11. 

Sect.  151  et  seq.  A  medal  is  allowed  for  nine  years'  continuous  honor- 
able service,  and  an  additional  bar  or  clasp  for  each  five  years  thereafter. 
Sts.  1890,  425,  §  12  ;  1891,  232,  §  3. 

Chapter  15.  — Of  the  Executive  Department  and  the  Secretary  of  the 

Commonwealth. 

Sects.  1,  5,  6,  9,  10.  Salaries  are  fixed  as  follows  :  — 
Governor,  $5,000.  St.  1884,  328.  Private  secretary  of  the  governor, 
$2,500.  St.  1891,  411.  Executive  clerk,  $2,000.  St.  1891,  411.  Execu- 
tive messenger,  $1,200.  St.  1891,  429.  Secretary  of  the  Commonwealth, 
83,500.  St.  1888,  385.  1st  clerk  of  secretary,  $2,200.  St.  1891,  410. 
2d  clerk,  $2,000.  St.  1891,  410.  3d  clerk,  $1,500.  St.  1887,  26. 
Allowance  for  a  messenger  and  clerk  hire,  $13,000.     St.  1890,  239. 

Sect.  15.  The  duty  of  furnishing  blank  forms  for  returns  of  criminal  cases 
pending  is  transferred  to  the  commissioners  of  prisons.     St.   1882,  226. 

Chapter  16,  — Of  the  Auditor,  Treasurer,  and  Matters  of  Finance. 

The  par  of  exchange  established  by  U.  S.  Rev.  St.,  §  3565,  is  adopted. 
St.  1882,  110. 

The  accounts  of  all  state  institutions,  penal  and  charitable,  and  all  other 
public  institutions  for  the  support  of  which  appropriations  are  made 
aunualW  by  the  legislature,  are  to  be  kept  under  the  direction  of  the  auditor 
of  the  Commonwealth.  He  shall  prescribe  the  number  and  form  of  all 
analytical  or  subsidiary  accounts.  The  accounts  must  show  the  expendi- 
tures, the  estimated  cash  value  of  the  products  and  the  value  of  the  labor 
of  the  inmates.     Sts.  1887,  87;  1891,  384. 

A  controller  to  audit  the  accounts  of  county  officers,  officers  of  inferior 
courts  and  trial  justices  is  to  be  appointed.  His  duties  are  defined,  and 
these  officers  are  to  make  their  returns  to  him.  The  times  when  they  shall 
make  returns  and  pay  over  money  in  their  bands  is  fixed.  St.  1887, 
438. 

The  controller  of  accounts  may  appoint  two  deputies  instead  of  two 
clerks.     St.  1890,  306. 

The  controller  of  accounts  shall  in  his  report  give  such  statements,  facts 
and  explanations  as  will  tend  to  a  simple,  uniform  and  economical  method 
of  accounting  for  public  funds.  His  report  is  made  one  of  the  series  of 
public  documents,     St.  1888,  275. 


Chap.   16.]  PuBLIO   STATUTES.  1211 

Clerks  of  courts,  including  justices  of  courts  having  no  clerks,  sheriffs, 
masters  of  jails  and  houses  of  correction  must  deposit  cash  funds  be3'oud 
what  is  required  for  immediate  use.     St.  1890,  215. 

The  payments  by  clerks  are  to  be  made  on  the  tenth  of  the  month 
instead  of  the  first,  and  are  to  include  balances  due  and  payable  at  the 
end  of  the  preceding  month.     St.  1890,  216. 

Sect.  2.  The  salary  of  the  auditor  is  S3, 500.  St.  1889,  70.  1st  clerk, 
$2,200;  2d  clerk,  82,000;  extra  clerks,  $1,500.     St.  1891,  375. 

Sect.  7.  The  auditor  is  required  to  submit  an  abstract  of  his  report  by 
January  30,  and  the  full  report  as  soon  as  may  be.     St.  1884,  207. 

Sect.  17.     The  salary  of  the  treasurer  is  $5,000.     St.  1885,  263. 

He  is  allowed  one  more  clerk.  St.  1882,  111  ;  and  a  fund  clerk.  St. 
1883,  164. 

He  may  expend  each  year  $2,500  for  extra  clerical  assistance  in  care 
and  custody  of  trust  deposits.  He  shall  certify  annually  to  the  tax  com- 
missioner the  average  deposits  of  each  of  such  corporations.  St.  1891, 
233. 

His  clerks  are  designated.  St.  1886,  38.  Their  salaries  are  as  follows  : 
1st  clerk,  $2,500  ;  2d  clerk,  $2,000  ;  cashier,  $2,000;  3d  clerk,  $1,400; 
fund  clerk,  $1,400;  receiving  teller,  $1,400.  St.  1886,  334;  paying  tel- 
ler, $1,400.     St.  1889,  349. 

Sect.  18.  Superseded,  and  office  of  tax  commissioner  created.  St. 
1890,  160. 

The  treasurer  shall  collect  the  state  collateral  legacy  and  succession  tax. 
St.  1891,  425,  §  18. 

Sect.  19.  Treasurer  may  add  the  accumulations  of  a  sinking  fund, 
above  what  are  sufficient  to  extinguish  the  debt  at  maturity,  to  any  other 
sinking  fund  of  the  Commonwealth  which  is  not  sufficient  to  meet  the  debt 
at  maturity.     St.  1891,  259. 

Sect.  26.  The  annual  financial  estimates  are  hereafter  to  be  made  to 
the  auditor  instead  of  to  the  secretary.     St.  1885,  41. 

Sect.  28.  Money  for  small  expenses  may  be  advanced  to  officers 
authorized  to  expend  money.  Sts.  1884,  179;  1888,  322;  1891,  54. 
Statement  of  the  expenditures  must  be  filed  within  thirty  days  after  receiv- 
ing the  advance,  and  all  advances  must  be  accounted  for  and  tlie  vouchers 
filed  by  December  25.  $1,500  may  be  advanced  to  disbursing  officer  of 
the  board  of  lunacy  and  charity.     St.  1890,  58. 

Sect.  42  is  repealed,  and  the  power  of  committees  to  cause  hearings  to 
be  advertised  is  limited.     St.  1885,  371. 

Sect.  52.  Money  from  sales  of  public  property  must  be  accompanied 
by  a  sworn  itemized  account,  approved  by  the  proper  officers.  St.  1884, 
326. 

Sect.  53.  Suits  for  the  collateral  legacy  and  succession  tax  are  to  be 
brought  by  the  treasurer.     St.  1891,  425,  §  18. 

Sect.  60.  The  authorized  investments  of  the  state  funds  are  enlarged. 
St.  1882,  130. 

Treasurer  may  deposit  public  moneys  in  such  trust  companies  in  the 
Commonwealth  as  governor  and  council  shall  approve.     St.  1891,  310. 

Any  oflScer  who  neglects  or  refuses  for  ten  days  to  make  the  returns  or 


1212  Changes  in  the  [Chap.  16. 

payments  required  or  to  record  his  payments  and  receipts  in  the  book  pre- 
scribed by  the  controller  is  guilty  of  a  misdemeanor.     St.  1890,  216. 
Sect.  73  is  repealed.     St.  1887,  438,  §  8. 

Chapter  17.  —  Of  the  Attorney- General  and  the  District  Attorneys. 

Sects.  1,  2.  The  salary  of  the  attorney-general  is  $5,000  ;  1st  assistant, 
S2,500  ;  2d  assistant,  $1,500.     St.  1889,  402. 

Sect.  2.  He  maj^  also  appoint  a  second  assistant  attorney-general. 
Sts.  1886,  216;  1888,  425. 

Sect.  9.  The  attorney-general  may  cause  reports  of  capital  trials  to  be 
published.     St.  1886,  214. 

Sect.  10.  $800  allowed  for  the  contingent  expenses  in  civil  actions  in 
■which  the  Commonwealth  is  interested.     St.  1890,  388. 

Sects.  13,  14.  An  assistant  district  attorney  may  be  appointed  for  the 
middle  district  at  a  salary  of  Si, 000.  St.  1888,  157  ;  for  the  south-eastern 
district  at  8800.     St.  1891,  113. 

Sect.  15.  The  salary  of  the  district  attorney  for  the  eastern  district  is 
S2,400;  and  he  is  given  an  assistant  at  81,000.  St.  1882,  156,  157; 
assistant  district  attorney  for  the  eastern  district,  $1,200.     St.  1888,  289. 

District  attorney  for  the  middle  district,  $2,400.  St.  1889,  250  ;  for  the 
western  district,  $2,100.  St.  1887,  97  ;  for  the  Suffolk  district,  $5,000  ;  his 
1st  assistant,  $2,800  ;  2d  assistant,  $2,500.     Sts.  1887, 160  ;  1882,  245,  §  2. 

Clerk  of  the  district  attorney  for  Suffolk,  81,800.     St.  1889,  238. 

District  attorney  for  the  south-eastern  district,  $2,100.  St.  1888,  267, 
§   1. 

Sect.  16.  In  the  south-eastern  district  also  the  clerk  may  be  appointed 
assistant,  his  compensation  being  paid  by  Norfolk  and  Plymouth  equally, 
and  not  exceeding  $800.     St.  1888,  267,  §  2. 

Chapter  18.  — Of  Notaries  Public  and   Commissioners  to  administer 
Oaths  of  Office  and  to  take  Acknowledgments  of  Deeds,  etc. 

Sect.  1.  Notaries  public  to  have  jurisdiction  throughout,  and  be  ap- 
pointed for,  the  Commonwealth.     St.  1891,  38. 

Women  who  are  attorneys  may  be  appointed  special  commissioners  to 
administer  oaths  and  take  acknowledgments  and  depositions.  St.  1883, 
252. 

Women  appointed  special  commissioners  shall  have  the  same  powers  as 
justices  of  the  peace  to  administer  oaths,  to  take  depositions  and  acknowl- 
edgments and  summon  witnesses.     St.  1889,  197. 

Sect.  14.  The  commissioner  may  take  his  official  oath  before  a  minister 
or  consul  of  the  United  States.     St.  1885,  31. 

Chapter  19.— Of  the  Board  of  Harbor  and  Land  Commissioners. 

The  commissioners  are  given  the  care  and  custod}^  of  the  Connecticut 
river,  and  are  to  cause  it  to  be  surveyed.     St.  1885,  344. 

Provision  made  for  a  Charles  river  improvement  commission.  St.  1891, 
390. 


Chap.  19.]  PUBLIO    STATUTES.  1213 

All  structures  and  encroachments  in  great  ponds  are  put  under  the  con- 
trol of  the  harbor  and  land  commissioners.  Licenses  beyond  the  line  of 
riparian  ownersliip  or  affecting  the  level  of  the  water  must  be  approved  by 
the  governor  and  council.     St.  1888,  318. 

Sect.  3.  They  are  given  the  same  charge  of  all  lands  of  the  Common- 
wealth for  which  other  provision  is  not  made  which  they  now  have  over 
lands  in  tide-waters.     St.  1886,  144. 

The  custody  of  the  books  of  records  of  grants  and  conveyances  of 
Commonwealth  lands  in  Maine  is  transferred  to  the  secretary  of  state. 
St.  1883,  99. 

Sect.  7.    Regulations  are  established  for  Gloucester  harbor.    St.  188.5,315. 

The  harbor  lines  at  East  Boston  are  established.     St.  1882,  48. 

In  South  bay  in  Boston.     St.  1891,  309. 

At  Gloucester.     Sts.  1882,  103  ;  1883,  109. 

At  Haverhill.     St.  1883,  104. 

Sects.  8,  10, 11,  12.  These  sections  shall  apply  to  the  Connecticut  river. 
Sts.  1885,  344,  §§  2,  3  ;  1891,  266. 

Chapter  20.  — Of  the  State  Board  of  Agriculture. 

An  agricultural  experiment  station  at  the  Agricultural  College  in  Amherst 
is  established.     St.  1882,  212. 

The  board  of  control  of  the  station  must  report  annually.     St.  1883,  105. 

The  members  of  the  board  of  control  are  incorporated.     St.  1887,  31. 

The  number  of  the  members  of  the  board  of  control  of  the  agricultural 
experiment  station  is  increased  by  adding  one  member  from  the  Massachu- 
setts state" grange,  one  from  the  horticultural  society,  the  director  of  the 
station  and  the  secretary  of  the  state  board  of  agriculture.  No  person 
elected  by  any  of  the  boards  or  societies  shall  continue  to  be  a  member 
after  he  has  ceased  to  be  a  member  of  the  board  or  society.     St.  1888,  333. 

The  annual  appropriation  of  money  by  the  United  States  for  the  support 
of  agricultural  experiments  is  accepted.     St.  1887,  212. 

The  agricultural  college  is  authorized  and  designated  to  receive  the 
money  granted  by  the  United  States.     St.  1889,  111. 

The  trustees  of  the  Massachusetts  agricultural  college  shall  be  paid  their 
expenses.     St.  1889,  45. 

An  additional  sum  of  $5,000  annually  is  allowed  for  the  maintenance  of 
the  experiment  station.     St.  1885,  327. 

Sect.  4.  The  salary  of  the  secretary  is  $2,500.  St.  1883,  184.  He  is 
allowed  $800  for  clerical  services,  besides  his  regular  clerk,  and  for  lectures. 
St.  1884,  66. 

The  salary  of  the  clerk  of  the  secretary  is  §1,200.  St.  1887,  245. 
Assistant  clerk  at  $1,000  a  year.      St.  1891,  300. 

Sect.  6.  The  board  is  authorized  to  collect  and  circulate  information 
about  abandoned  farms.     St.  1891,  280. 

Chapter  21. —  General  Provisions  Relating  to  State  Oflacers. 
All  official  bonds  which  are  in  the  custody  of  the  treasurer  or  arc  by  law 
approved  by  the  governor  and  council  must  be  examined  once  each  year  or 
oftener.     St.  1885,  32. 


1214  ChAI^GES  in  the  [Chap.  21. 

Sect.  10.  The  treasurer  may  close  his  office  for  the  receipt  of  payment 
of  money  at  two  o'clock  instead  of  three.     St.  1886,  257. 

Chapter  21a.  —  Of  the  Military  and  Naval  Historian. 

Provision  is  made  for  the  appointment  of  a  state  military  and  naval 
historian;  and  for  his  compensation  and  expenses.  Sts.  1889,  374; 
1891,  23.5. 

Provision  is  made  for  an  indexed  compilation  of  records  of  Massachu- 
setts soldiers  and  sailors  during  the  revolutionary  war.     Res.  1891,  100. 


Chapter  22.  —  Of  Counties  and  County  Commissioners. 

Sect.  1.  ^ilnskeget  and  Gravelly  islands  are  annexed  to  Nantucket 
county.  Taxes  therein  are  to  be  assessed  by  and  paid  to  the  town  of 
Edgartown.     St.  1887,  88. 

vSect.  5.  The  reasonable  expenses  of  police,  district,  and  municipal 
courts  for  rent  and  care  of  court  rooms,  fuel,  record  books,  blanks  and 
stationery  and  other  incidental  expenses  shall  be  certified  by  the  judge 
monthly  and  allowed  by  the  county  commissioners.  Sts.  1890,  440,  §  11  ; 
1891,  70,  325. 

Sect.  14.  The  sum  allowed  for  the  pay  of  the  county  commissioners  in 
Berkshire  is  $2,100.  St.  1890,  133.  In  Essex,  $3,900.  St.  1885,  277. 
In  Worcester,  $4,500.  St.  1891,  79.  In  Plymouth,  $2,300.  St.  1886, 
251.  In  Hampshire,  $1,600.  St.  1887,  211.  In  Franklin,  $1,600.  St. 
1888,  65.  In  Hampden,  $2,500.  St.  1889,  30.  In  Middlesex,  $5,400. 
St.  1889,  303.  In  Bristol,  $2,800.  St.  1889,  339.  In  Norfolk,  $3,300. 
St.  1891,  80. 

Sect.  15.  The  sessions  of  the  county  commissioners  in  Berkshire  are 
changed  from  the  first  Tuesday  of  April,  .July  and  September,  and  the  last 
Tuesday  of  December,  to  the  first  Tuesday  of  January,  April,  July  and 
October.     St.  1883,  63. 

Sect.  22.  They  may  appoint  one  of  their  number  clerk  pro  tempore  of 
their  board.     St.  1890,  198. 

Sect.  26.  This  section,  giving  the  right  to  act  on  certain  matters  at 
other  times  than  regular  meetings,  is  limited  to  the  regular  commissioners  ; 
and  is  made  expressly  applicable  to  the  issuing  of  orders  of  notice.  St. 
1885,  91. 

Sect.  20.  They  may,  except  in  Suffolk,  provide  for  rearranging  and 
indexing  probate  court  records  and  renewing  dockets,  when  worn  or 
defaced.     St.  1891,  225. 

Chapter  23.  — Of  County  Treasurers  and  County  Finances. 

Sect.  1.  County  treasurers  except  in  Suffolk  shall  be  sworn  before  the 
county  commissioners  and  a  record  thereof  made.     St.  1890,  308. 

Sect.  2.  The  salary  of  the  treasurer  of  Hampden  county  is  $1,500. 
St.  1884,  112.  Of  Worcester  and  Essex  each  $2,200.  St.  1886,  132, 
133.     Of   Middlesex,  $2,500.      St.  1887,  57.      Of  Hampshire,  $800.     St. 


CiiAP.  23.]  Public  Statutes.  1215 

1887,  159.  Of  Bristol,  $1,800.  St.  1889,  16.  Of  Plymouth,  $1,200. 
St.  1889,  2G0.  Of  Berkshire,  $2,500.  St.  1890,  133.  Of  Norfolk, 
$1,400.     St.  1890,  143. 

The  treasurer  of  Middlesex  county  is  allowed  $500  for  clerical  assist- 
ance.    St.  1889,  85.     And  of  Essex,  $400.     St.  1889,  310. 

Sect.  6  et  seq.  The  chief  officer  having  charge  of  jails,  houses  of  cor- 
rection, truant  schools  or  other  county  public  institutions  shall  keep  an 
invoice  book,  in  which  shall  be  entered  all  bills  for  supplies.  St.  1890, 
296. 

Sect.  7.  County  treasurers  may  not  pay  orders  unless  certified  by  the 
clerk  of  the  county  commissioners  nor  unless  the  original  bills,  vouchers 
or  evidences  are  delivered  with  the  order ;  this  applies  to  vouchers  for 
services  incidental  to  sittings  of  the  supreme  and  superior  courts  under 
ch.  153,  §  23.  The  clerk  shall  certify  no  orders  until  they  are  recorded. 
St.  1890,  206. 

Sect.  1 1 .  Treasurer  to  make  yearly  report  to  commissioners  of  prisons 
of  all  sums  received  or  paid  on  account  of  any  jail  or  house  of  correction. 
St.  1891,  187. 

Sect.  28.  The  particulars  of  the  annual  published  statements  are  defined 
and  the  number  to  be  distributed  is  increased.     St.  1890,  141. 

The  board  of  examiners  need  not  certify  to  the  correctness  of  the  state- 
ments. The  controller  of  accounts  shall  make  the  examination  and  certify 
on  the  cash  book  the  amount  of  the  balance.     St.  1890,  380. 

Sect.  30.  This  section  which  requires  an  annual  return  by  the  treasurer 
to  the  state  auditor,  is  repealed.     St.  1890,  380,  §  2. 

Sects.  36,  37,  38,  39.  These  sections,  which  require  the  savings  bank 
commissioners  to  examine  the  accounts  of  certain  county  oflicers,  are 
repealed.     St.  1887,  438,  §  8. 


Chapter  24. —  Of  Registers  of  Deeds. 

Sect.  2.  Fall  River  registry  district  established  from  Dec.  31,  1891, 
to  include  Fall  River,  Swanzey,  Somerset  and  Freetown.     St.  1891,  234. 

Sect.  5.  Worcester  county  is  divided  for  registry  purposes,  and  Fitch- 
burg,  Lunenburg,  Leominster,  Westminster  and  Ashburnlaam  are  made  the 
northern  district,  and  provision  is  made  for  the  appointment  of  a  register 
and  the  transfer  of  papers.     St.  1884,  40. 

Sect.  6.  Registers  of  deeds,  except  in  Suffolk,  shall  be  sworn  before 
the  county  commissioners  and  a  record  thereof  made.     St.  1890,  308. 

Sect.  9.  Women  may  be  appointed  to  the  office  of  assistant  register  of 
deeds.     St.  1885,  7. 

Sect.  22.  After  Jan.  1,  1886,  the  indexes  in  registries  of  deeds, 
except  Suffolk,  shall  have  a  new  column,  in  which  shall  be  entered  the 
towns  in  which  the  lands  lie.     St.  1885,  29. 


Chapter  25.  —  Of  Sheriffs. 

Sect.  20.     Writs  or  i)rocesses  in  favor  of  as  well  as  against  a  sheriff  are 
to  be  so  served.     St.  1885,  75. 


1216  Changes  in  the  [Chap.  25. 

Sect.  22.  The  sheriff  of  Dukes  county  is  given  tbe  fees  in  addition  to 
his  salary.     St.  1884,  209.     And  the  sheriff  of  Nantucket.     St.  1886,  28. 

The  salary  of  the  sheriff  of  Berkshire  county  is  Si, 600.  St.  1887,  58. 
Of  Essex,  $2,000.  St.  1887,  164.  Of  Middlesex,  $2,500.  St.  1888,  95. 
Of  Suffolk,  $3,000.  St.  1888,  228.  Of  Worcester,  $2,500.  St.  1888, 
244.  Of  Hampden,  $1,500.  St.  1889,  38.  Of  Hampshire,  $1,000.  St. 
1891,  154. 

Chapter  26.  — Of  Medical  Examiners. 

Sect.  2.  A  new  district  is  made  in  Franklin  county,  for  which  a  new 
examiner  is  to  be  appointed.     St.  1884,  321. 

In  Plymouth  the  number  of  medical  examiners  and  districts  increased 
from  four  to  five.     St.  1886,  74. 

Sect.  9.     The  fees  of    medical  examiners    increased.     St.   1885,  379, 

§   1. 

The  salary  of  the  medical  examiners  in  Suffolk  is  $4,000.     St.  1890,  213. 

Sect.  11.  A  report  of  each  autopsy  is  to  be  filed  with  the  district 
attorney,  with  a  certificate  that  it  was  necessary.  Except  in  Suffolk,  the 
district  attorney  must  certify  that  it  was,  in  his  opinion,  necessary,  before 
the  fee  can  be  paid.     St.  1885,  379,  §   7. 

Sects.  13,  14,  15.  Where  the  accident  occurred  on  a  railroad  a  verbatim 
report  of  the  evidence  shall  be  made  and  sworn  to,  at  the  expense  of  such 
road.     St.  1888,  365. 

In  cases  of  fatal  accident  on  horse  railroads,  a  verbatim  report  of  the 
evidence  is  to  made  in  the  same  way.     St.  1889,  154. 

Sect.  14.  The  fees  as  witnesses  of  salaried  officers  are  regulated.  St. 
1890,  440. 

Sect.  20.  Provision  is  made  for  the  disposition  of  the  body.  St.  1887, 
310. 

Sect.  24.  Certificates  are  no  longer  to  be  made  to  the  treasurer  of  the 
Commonwealth.     St.  1887,  310. 

Sect.  25.  Special  justices  of  police,  district  or  municipal  courts  who 
receive  compensation  only  under  P.  S.  154,  §  26,  are  given  the  same  fees 
at  inquests  as  trial  justices.     St.  1885,  40. 

The  same  fees  are  allowed  to  witnesses  and  officers  at  inquests  as  in 
criminal  prosecutions  before  trial  justices.     St.  1883,  61. 

The  fees  of  the  witnesses  are  fixed.     St.  1885,  379,  §  2. 

Sect.  26.  A  yearly  report  to  the  secretary  of  the  Commonwealth  is 
required,  for  which  the  examiner  is  given  a  fee.  The  secretary  reports  the 
tabular  results  of  the  returns  to  the  legislature  with  the  return  of  births, 
deaths  and  marriages.     St.  1885,  379,  §§  3,  4,  5,  6. 

Chapter  27.  —  Of  Towns  and  Town  OiHcers. 

Towns  and  cities  may  devote  a  part  of  their  territory  to  the  preservation 
and  culture  of  forest  trees  for  the  wood  and  timber  or  the  preservation 
of  their  water  supply.  They  may  take  or  purchase  land.  The  state  board 
of  agriculture  is  given  charge  of  such  lands.  The  town  or  city  may  erect 
thereon  buildings  for  instruction  or  recreation  and  borrow  money.  St. 
1882,  255. 


Chap.  27.]  PuBLIC   STATUTES.  1217 

May  lay  out  public  parks  and  take  lands  therefor,  assess  betterments  and 
borrow  money.     St.  1882,  154. 

May  manufacture  and  distribute  gas  and  electricity  for  lighting  under 
certain  limitations  and  conditions  and  may  purchase  or  lease  existing  plants 
for  that  purpose.     St.  1891,  370. 

May  by  their  officers  contract  for  the  disposal  of  garbage,  refuse  and 
offal.     St.  1889,  377. 

Towns  may  employ  counsel  at  hearings  before  committees  of  the  legis- 
lature.    St.  1889,  380. 

Sect.  2-6.  Provision  is  made  for  the  definition  and  preservation  of 
town  boundary  lines.  Changes  may  be  recommended  bj'  the  commissioners 
on  the  topographical  survey.  Bounds  may  be  obliterated,  removed  or 
covered  up  in  the  legitimate  occupation  of  land,  with  the  consent  of  the 
county  commissioners.     St.  1888,  336. 

Sect.  9.  Any  town  or  city  may  lease  public  buildings,  except  school- 
houses,  to  the  grand  army  for  a  period  not  exceeding  five  years.  St.  1885, 
60.     Also  to  veteran  firemen's  associations.     St.  1891,  218. 

Sect.  10.  Towns  may  vote  money  for  erecting  headstones  or  other 
monuments  for  soldiers  or  sailors  in  the  national  wars,  and  for  keeping 
the  same  in  repair.     St.  1884,  42. 

The  monuments  which  may  be  kept  in  repair  or  decorated  need  no  longer 
be  within  the  limits  of  the  town.     St.  1886,  76. 

Cities  may  appropriate  money  for  the  enforcement  of  the  civil  service 
law.     St.  1887,  345. 

Sect.  11.  A  town  may  also  appropriate  money  to  celebrate  the  two 
hundred  and  fiftieth  anniversary  of  its  incorporation.     St.  1889,  21. 

Sect.  12.  A  city  or  town  may  raise  fifty  cents  instead  of  twenty-five 
cents  for  each  poll,  to  be  expended  in  planting  or  the  encouragement  of 
the  planting  of  shade  trees.     St.  1885,  123,  §  1. 

Sect.  34.  No  fee  for  detention  and  support  shall  be  taxed  or  allowed, 
unless  it  shall  appear  by  the  officer's  return  that  the  defendant  was  actually 
detained  in  the  lock-up.     St.  1890,  166. 

Sects.  44,  45,  46,  47,  48,  49,  with  reference  to  telegraph  wires,  shall  also 
apply  to  wires  for  electric  light.     St.  1883,  221. 

Sects.  48,  129.  Superior  court  shall  have  concurrent  jurisdiction  with 
supreme  judicial  court  in  the  cases  referred  to  in  these  sections.  St. 
1891,  293. 

Sect.  52-63.  The  laws  relating  to  town  meetings,  moderators  and  the 
election  of  town  officers  are  revised.     Sts.  1890,  423  ;  1891,  10,  31,  32. 

Sect.  64  et  seq.  In  towns  which  adopt  the  act,  town  officers  shall  be 
elected  by  the  Australian  system  of  balloting.     St.  1890,  386. 

A  nominee  for  a  town  office  may  withdraw  his  name  by  written  request. 
St.  1891,  155. 

Sects.  65,  69.  Provisions  in  regard  to  election  of  assessors  and  over- 
seers of  the  poor  revised.     St.  1883,  203. 

Women  are  eligible  as  overseers  of  the  poor.     St.  1886,  150. 

Sects.  74,  75,  76,  77.  In  towns  which  liave  not  accepted  these  sections 
or  St.  1875,  158,  the  selectmen  shall  appoint  a  superintendent  of  streets, 
removable  by  them,  whose  duties  are  defined  and  whose  compensation  is 
fixed  by  the  selectmen  of  the  town.     St.  1889,  98,  178. 


1218  Changes  ii^  the  [Chap.  27. 

Sect.  78.  Towns  must  elect  auditors.  The  election  must  be  by  ballot. 
They  shall  have  access  to  the  books  at  least  once  a  mouth.  Sts.  1886, 
21)5;   1888,  221  ;   1889,  191. 

When  the  office  of  auditor  becomes  vacant,  the  remaining  auditor  or 
auditors  perform  the  duties.  If  there  are  none  the  selectmen  appoint. 
St.  1890,  254. 

General  provision  is  made  for  filling  vacancies  in  town  offices,  except 
that  of  selectman,  town  clerk,  assessor  or  treasurer.     St.  1891,  336. 

Sect.  95  et  seq.  City  and  town  clerks  must  give  bonds  to  account  for 
money  received  for  dog  licenses.     St.  1888,  320. 

Town  clerks  must  send  to  county  commissioners  and  to  the  secretary  of 
the  Commonwealth  a  copy  of  vote  of  the  town  accepting  the  acts  author- 
izing the  town  to  alter,  relocate  and  repair  highways  and  bridges  within  its 
limits.     St.  1891,  170,  §§  6,  7. 

Sect.  102.  The  oath  is  modified  in  form  and  must  be  taken  by  assessors, 
assistant  assessors  and  other  persons  chosen  to  aid  in  assessing.  St.  1885, 
355. 

Sect.  103.  Assessors  shall  make  street  lists  of  polls,  giving  age  and 
occupation  and  residence.  St.  1890,  443,  §  25  ;  amended  by  St.  1891, 
277. 

Sect.  104.  The  penalty  is  extended  to  all  the  persons  required  to  take 
the  oath.     St.  1885,  355,  §  2. 

Every  assessor  who  fraudulently  fixes  the  valuation  at  less  or  more  than 
its  fair  cash  value  is  punished.     St.  1885,  355,  §  3. 

Sect.  112  et  seq.  Towns  must  return  the  names  of  constables  to  the 
clerks  of  the  courts  of  their  respective  counties  within  seven  days  after 
they  qualify.     St.  1889,  384. 


Chapter  28. —Of  Cities. 

"  Maj^or  and  aldermen  "  shall  mean  board  of  aldermen,  unless  other  pro- 
vision is  made  and  except  in  case  of  appointments.     St.  1882,  164. 

In  case  of  death,  resignation,  absence  or  inability  of  the  mayor,  the  office 
devolves  on  the  chairman  of  the  board  of  aldermen,  if  any  ;  then  on  the 
president  of  the  common  council.  Such  officer  is  styled  acting  mayor. 
He  can  make  no  permanent  appointments.     St.  1882,  182. 

Any  person  elected  mayor,  alderman,  common  councilman  or  member  of 
the  school  committee  shall  be  notified  of  his  election  by  the  board  of  alder- 
men within  seven  days  after  the  result  is  declared  ;  and  if  elected  at  a 
special  election,  he  shall  not  act  until  such  notice  has  been  issued.  St. 
1885,  159. 

Cities  may  indemnify  a  police  oflicer  for  damages  sustained  while  acting 
as  such,  or  for  expenses  incurred  in  the  defence  or  settlement  of  any  suit 
brought  against  him  for  acts  done  while  so  acting.     St.  1888,  379. 

May  expend  money  for  watering  the  public  streets  and  assess  on  abutters 
the  whole  or  a  part  of  the  expense.     St.  1891,  179. 

Cities  may  by  ordinance  prescribe  that  all  fees,  charges  and  commissions 
of  every  description  allowed  by  law  to  the  city  clerk,  treasurer,  collector  of 
taxes  or  any  other  official  shall  be  paid  into  the  treasury.     St.  1888,  308. 


Chap.  28.]  PuBLIC   STATUTES.  1219 

The  police  of  any  city,  except  Boston,  wliicb  accepts  this  act  shall  hold 
office  during  good  behavior  and  until  removed  by  the  mayor  after  hearing. 
St.  1890,  319. 

Sect.  6.  Any  of  the  items  in  an  ordinance  or  vote  involving  the 
appropriation  of  money  or  the  raising  of  a  tax  may  be  separately  vetoed. 
St.  1885,  312,  §  3. 

Sect.  7.  Where  the  maj'or  presides  in  the  board  of  aldermen,  he  has  no 
vote  there  or  in  joint  convention.     St.  1882,  180. 

Sects.  14,  15,  16  are  repealed,  and  provision  is  made  for  a  new  division 
of  wards  in  cities.     St.  1888,  437. 

All  new  divisions  of  wards  and  precincts  made  under  this  section  since 
May  1,  1885,  are  abolished.     St.  1886,  283. 

Sect.  23.  No  member  of  the  city  council  is  eligible  during  his  term  of 
office  to  any  office  by  appointment  or  election  of  the  city  council  or  either 
branch  thereof,  the  salary  of  which  office  is  paid  from  the  city  treasury. 
St.  1886,  117. 

Sect.  25.  The  selectmen  of  towns  may  make  rules  for  the  regulation  of 
carriages  and  other  vehicles  as  mayors  and  aldermen  of  cities  may  now  do. 
St.  1885,  197. 

Chapter  29.— Of  Municipal  Indebtedness. 

Sect.  4.  The  limit  of  city  debts  is  reduced  from  three  per  cent,  to  two 
and  one-half  per  cent.  St.  1885,  312.  But  certain  cities  are  exempt. 
Holyoke.  Sts.  1886,  178  ;  1891,  212.  Newburyport  in  part.  St.  1886, 
254.  Haverhill.  St.  1891,  230.  Boston  in  part.  Sts.  1886,  304  ;  1889, 
68  ;  1890,  271,  444  ;  1891,  301,  324.  Lynn.  Sts.  1889,  172  ;  1890,  203, 
258.  Brockton.  Sts.  1889,  176  ;  1890,  142.  Worcester.  St.  1889,  157. 
Lowell.  St.  1890,  120,  121.  Marlborough.  St.  1890,  135.  Taunton. 
St.  1891,  150.     Cambridge.     St.  1891,  316. 

Sect.  6.  Temporary  loans  can  hereafter  be  made  only  in  anticipation 
of  the  taxes  of  the  current  municipal  year.  Sts.  1885,  312,  §  4;  1889, 
372.     Such  loans  must  be  payable  within  one  year.     St.  1891,  221. 

Sects.  7,  8.  Towns  and  cities  which  have  incurred  or  shall  incur  a  debt 
may  issue  bonds,  notes  or  scrip  therefor,  with  interest  at  a  rate  not  exceed- 
ing six  per  cent,  per  annum,  and  sell  the  same.     St.  1884,  129. 

Fitchburg  is  permitted  to  issue  bonds  or  notes  running  twenty  years. 
St.  1889,  166.     And  Boston.     St.  1891,  321. 

Sect.  9.  A  fixed  annual  appropriation  ma}'  be  provided  as  a  substitute 
for  a  sinking  fund.     St.  1882,  133. 

Chapter  30.  — Of  Aid  to  Soldiers  and  Sailors  and  to  their  Families. 

The  treasurer  may  receive  and  pay  over  any  sums  authorized  to  be  paid 
by  any  act  of  congress  for  the  soldiers'  home.     St.  1890,  373. 

Three  thousand  dollars  shall  be  paid  to  the  council  of  administration  of 
the  grand  army  of  the  republic  for  expenses  incurred  by  tliem  in  securing 
pensions,  bounties  or  back  pay  and  for  temporary  relief  for  soldiers  and 
sailors.     St.  1888,  396,  §  4. 

The  law  as  to  state  aid  is  revised  and  extended.     St.  1889,  279,  301.. 


1220  Changes  in  the  [Chap.  30. 

Soldiei's  who  are  unable  to  support  themselves,  their  wives  and  children 
under  the  age  of  sixteen,  and  the  widows  of  such  soldiers,  are  to  be  sup- 
ported under  the  name  of  soldier's  relief.  They  are  not  required  to  receive 
such  relief  at  an  almshouse  or  public  institution,  except  in  certain  cases. 
St.  1800,  447. 

Provision  is  made  for  the  burial  of  deceased  indigent  soldiers,  sailors  or 
marines.     St,  1889,  3'J5. 

Aid  for  soldiers  may  be  intrusted  to  grand  army  posts  for  distribution. 
St.  1885,  189. 

Sect.  1.  The  limit  of  salary  of  the  third  commissioner  of  state  aid  is 
$1,800.     St.  1889,  279,  §  9. 

An  agent  is  to  be  appointed  for  the  settlement  of  pension,  bounty  and 
back  pay  claims.  He  is  furnished  an  office,  clerical  assistance  and  his 
travelling  expenses.     His  duties  are  defined.     Sts.  1888,  396  ;  1891,  196. 

Chapter  31.  — Of  the  Census,  the  Bureau  of  Statistics  of  Labor  and. 
the  Board  of  Supervisors  of  Statistics. 

Useless  records,  schedules  and  papers  accumulating  in  the  bureau  of 
statistics  of  labor  may  be  destroyed.     St.  1887,  43. 

Sect.  1-12.  These  sections  relating  to  the  state  census  are  revised. 
St.  1884,  181. 

Certain  statistics  as  to  manufactures  are  to  be  collected  annuall}'^  by  the 
bureau  of  statistics  of  labor,  and  abstracts  are  to  be  published  and  distrib- 
uted.    St.   1886,  174. 

Sects.  13,  15.  The  chief  of  the  bureau  of  statistics  of  labor  is  given  a 
second  clerk  at  $1,300  per  year.     St.  1884,  4. 

Salary  of  1st  clerk  is  $1,800  ;  of  2d  clerk  $1,500.     St.  1888,  115. 

Sect.  133.  Publication  of  parts  of  the  report  of  the  chief  provided  for. 
St.  1890,  97. 

Chapter  32.  — Of  the  Registry  and  Return  of  Births,  Marriages  and 

Deaths. 

Returns  of  deaths  and  births,  where  the  deceased  person  or  the  parents 
of  the  child  were  resident  in  some  other  tovrn,  must  be  made  to  such  town 
and  recorded  there.     St.  1889,  208. 

Sect.  1.  In  the  records  of  burials,  if  the  deceased  was  a  married  woman, 
her  maiden  name  and  the  name  of  her  husband  are  to  be  entered  ;  also 
maiden  name  of  the  mother  of  any  deceased  person.  Sts.  1887,  202  ; 
1890,  402. 

Sect.  3.  Request  for  a  certificate  of  death  not  required  to  be  made 
within  fifteen  days.     St.  1888,  63. 

The  certificate  must  also  state  to  the  best  of  the  physician's  knowledge 
and  belief,  the  name  of  the  deceased  and  his  age.  The  request  for  it  is  no 
longer  limited  to  fifteen  days.  The  penalty  for  neglect  to  furnish  it  is 
increased.     St.  1888,  306. 

If  the  person  deceased  was  a  soldier  or  sailor  in  the  war  of  the  rebellion 
the  physician  shall  give  both  the  primary  and  secondary  or  immediate  cause 
of  death.     St.  1889,  224. 


Chap.  32.]  PUBLIC   STATUTES.  1221 

Sect.  4.  The  returns  of  sextons  and  undertakers  shall  be  preserved, 
filed,  arranged  and  indexed  conveniently  for  examination  and  reference. 
St.  1887,  202. 

Sect.  .5.  This  section  which  provides  for  permission  for  the  removal  or 
burial  of  human  bodies  is  revised  and  changed.     St.  1888,  306,  §  2. 

A  certificate  approved  by  the  board  of  health,  where  there  is  one,  is 
required  before  the  removal  of  bodies  as  well  as  before  burial.  St.  1883, 
124,  §  1. 

No  body  of  a  person  dying  from  certain  diseases  can  be  transported 
unless  securely  encased  ;  and  no  permit  to  remove  can  be  given  until  the 
board  of  health  or  selectmen  have  given  a  certificate  stating  the  cause  of 
death  and  that  the  body  has  been  so  encased.  The  certificate  goes  with 
the  body.     St.  1883,  124,  §  2. 

A  fine  is  imposed  for  violations  of  St.  1883,  124,  §  2.     St.  1887,  335. 

Sect.  7.  Ph^'sicians  and  midwives  are  required  to  report  additional  facts 
and  are  given  a  fee  of  twenty-five  cents.     St.  1883,  1.58. 

They  must  return  monthly  a  list  of  births  in  Boston  to  the  city  clerk  as 
in  other  cities  and  towns.     St.  1889,  288. 

Chapter  33.  — Of  Workhouses  and  Almshouses. 

No  person  whose  insanity  has  continued  less  than  twelve  months  can  be 
detained  in  an  almshouse  without  remedial  treatment.     St.  188G,  319,  §  3. 

Chapter  35.  — Of  Fires,  Fire  Departments  and  Fire  Disti'icts. 

Sect.  1.  Forest  fire-wards  are  to  be  appointed.  Their  duties  are 
defined.     St.  1886,  296,  §§  2,  3. 

Sect.  28  et  seq.  Fire  departments  must  be  equipped  with  certain  appa- 
ratus for  the  saving  of  lives  at  fires.  The  proper  authorities  of  the  depart- 
ment mast  see  that  the  apparatus  is  kept  in  good  condition  and  ready  for 
immediate  use  and  that  firemen  are  trained  in  handling  it.     St.  1888,  310. 

Sect.  29.  The  selectmen  may  remove  engineers  after  notice  and  hearing. 
St.  1886,  113. 

Sect.  35.  Violations  of  rules  established  by  boards  of  engineers  are 
punished.     St.  1888,  220. 

Chapter   36.  —  Of  Fences   and   Fence   Viewers,   Pounds    and   Field 

Drivers. 

Sect.  1-19.  Certain  fences  and  other  like  structures  maliciously  erected 
are  declared  private  nuisances.     St.  1887,  348. 

Chapter  — .  —  Of  the  Civil  Service. 

The  appointment  of  oQicers  in  the  government  of  the  Commonwealth  and 
of  the  cities  is  regulated.     St.  1884,  320. 

The  commissioners  may  summon  witnesses  and  take  testimony  in  cases 
requiring  investigation.     St.  1891,  140. 

The  salary  of  the  secretary  of  tlie  civil  service  commission  is  62,000. 
St.  1889,  177;  of   the  chief  examiner,  §3,000.     St.  1889,  351. 


1222  Changes  in  the  [Chap.  — . 

The  copy  of  the  rules  or  changes  need  be  sent  only  to  the  mayors  of 
cities  to  which  such  rules  or  changes  therein  relate,  and  be  published  in  one 
or  more  newspapers.     St.  1888,  253. 

The  clause  of  St.  1884,  320,  §  4,  which  requires  the  immediate  discharge 
of  any  person  convicted  of  the  violation  of  any  law  of  the  state,  is  repealed. 
St.  1888,  334. 

Cities  may  appropriate  money  for  the  enforcement  of  the  civil  service 
law.     St.  1887,  345. 

The  statements  of  the  application  must  be  made  under  oath.  St.  1889, 
183. 

Engineers  and  others  having  charge  of  steam  boilers  in  Boston  are  put 
under  the  civil  service  rules.     St.  1889,  352. 

Honorably  discharged  soldiers  and  sailors  are  given  an  absolute  right  to 
appointment  in  preference  to  others  who  have  not  a  higher  standing  upon 
the  eligible  list.     Sts.  1887,  437  ;  1889,  473. 

The  tenure  of  office  of  all  officers  appointed  by  the  governor  and  council, 
except  when  otherwise  specially  provided  by  law,  continues  until  their 
successors  are  appointed.     St.  1887,  364. 


Chapter  37. —Of  the  Public  Records. 

Sect.  1.  Paper  shall  be  of  linen  rags  and  new  cotton  clippings  well 
sized  with  animal  sizing.     St.  1891,  281. 

Sect.  3.  The  county  commissioners  must  furnish  additional  accommo- 
dations when  required  by  a  justice  of  the  supreme  court.     St.  1886,  207. 

Sect.  5.     Records  of  births  may  also  be  copied.     St.  1887,  202. 

Sect.  5-7.  Clerks  of  towns  and  cities  shall  keep  indexes  of  instruments 
recorded,  in  the  form  here  provided.     St.  1885,  190. 

Sect.  15.  The  clerk  of  the  city  or  town  is  required  to  demand  the 
records  of  churches  or  religious  societies  which  have  ceased  to  exist.  St. 
1890,  227. 

Sect.  16.  The  removal  or  mutilation  of  records  of  the  Commonwealth 
is  also  forbidden.     St.  1890,  392. 

The  public  records,  books,  papers  and  property,  of  a  city  or  town  officer, 
ai'e  to  be  demanded  by  his  successor,  and  delivered  under  oath.  St. 
1891,340. 

Chapter  38. —Of  Parishes  and  Religious  Societies. 

Provision  is  made  for  the  incorporation  of  churches.     St.  1887,  404. 

Incorporated  religious  societies  may  make  by-laws.     St.  1888,  326. 

May  have  a  board  of  trustees,  managers,  directors,  or  other  officers 
instead  of,  and  with  the  powers  of,  a  standing  committee.     St.  1891,  265. 

Religious  societies  shall  not  assess  taxes  except  upon  their  pews.  St. 
1887,  419. 

Sect.  21  is  repealed.     St.  1887,  419. 

Sect.  43.  This  section,  defining  the  powers  of  officers  of  the  Protestant 
Episcopal  Church,  is  extended  to  the  Reformed  Episcopal  Church.  St. 
1886,  239. 


Chap.  39.]  PUBLIC   STATUTES.  1223 


Chapter  39.  — Of  Donations  and  Conveyances  for  Pious  and 
Charitable  Uses. 

Sects.  1,  2.  Churches  or  religious  societies  may  appoint  trustees  who, 
with  their  successors,  shall  be  a  body  corporate  for  the  purposes  of  this 
section.     St.  1884,  78. 

Chapter  40. —  Of  Library  Associations. 

Sect.  6.     $2,000  may  be  paid  to  the  county  laAv  libraries.     St.  1882,  246. 

Sect.  16  et  seq.  The  election,  power  and  duties  of  trustees  of  free 
public  libraries  or  of  free  public  libraries  and  reading-rooms  in  towns  is 
regulated.     St.  1888,  304. 

A  board  of  library  commissioners  shall  be  appointed.  They  may  advise 
existing  public  libraries  and  assist,  to  a  limited  extent,  the  formation  of 
new  ones.     St.  1890,  347. 

The  limitation  of  the  number  of  trustees  to  nine  is  repealed.  Where  a 
town  has  heretofore  elected  the  trustees  in  the  way  provided  they  serve 
until  the  expiration  of  their  terms.     St.  1889,  112. 

Chapter  41.  —Of  the  Board  of  Education. 

Sect.  8.  The  salary  of  the  secretary  of  the  board  of  education  is  S3, 000. 
St.  1885,  227. 

Sect.  12.  The  board  to  have  management  of  the  state  normal  school 
boarding-houses.     St.  1891,  384. 

Sects.  16,  17.  The  board  also  supervises  the  pupils  in  the  Perkins  insti- 
tution and  Massachusetts  school  for  the  blind.     St.  1885,  118. 

Sect.  16.  This  section,  which  provides  for  the  instruction  of  deaf  mutes 
at  the  public  expense,  is  revised  and  extended.     St.  1888,  239. 

The  free  instruction  of  deaf  mutes  or  deaf  children  may  -be  continued 
beyond  ten  years.     St.  1889,  226. 

Chapter  43.— Of  the  School  Funds. 

Sect.  3.  The  distribution  of  the  half  of  the  school  fund  not  specifically 
appropriated  is  revised.     St.  1891,  177,  §   1. 

Sect.  12  Any  money  received  from  the  general  government,  the  dis- 
position of  which  is  not  otherwise  provided  for,  shall  be  paid  into  the 
school  fund.  Premiums  on  securities  purchased  for  the  fund  may  be  paid 
from  the  treasury.     St.  1890,  335. 

Chapter  44.  — Of  the  Public  Schools. 

Provision  made  for  a  state  nautical  training  school.     St.  1891,  402. 

Sect.  1.  The  use  of  hand  tools  may  be  taught,  if  deemed  expedient. 
The  tools  are  to  be  furnished  by  the  town  and  loaned  to  the  scholars.  St. 
1884,  69. 

Sects.  1,  2.  Cities  of  over  fifty  thousand  inhabitants  must  maintain 
evening  high  schools  when  requested  by  fifty  persons  intending  to  be 
students.     St.  1886,  236. 


1224  Changes  in  the  [Chap.  44. 

Sect.  2.  Towns  and  cities  of  over  ten  tliousand  inhabitants  must  main- 
tain evening  scbools,  witli  certain  studies.  The  terms,  hours  and  regula- 
tions are  fixed  by  the  school  committee.     St.  1883,  174. 

Notice  must  be  given  of  the  opening  of  the  evening  schools.  St.  1887, 
433,  §  4. 

Phj'siology  and  hygiene,  including  special  instruction  as  to  the  effects  of 
alcoholic  drinks,  stimulants  and  narcotics  on  the  human  system,  must  be 
taught  in  the  public  schools.     St.  188.5,  332. 

Any  town  not  required  to  maintain  a  high  school  shall  ptxy  for  the  tuition 
of  children  residing  therein  attending  a  high  school  in  another  town  or  city. 
St.  1891,  263. 

The  last  regular  session  prior  to  Memorial  day  must  be  devoted  to  exer- 
cises of  a  patriotic  nature.     St.  1890,  111. 

Sect.  28.  The  diploma  of  a  state  normal  school  may  be  accepted  in 
lieu  of  personal  examination  of  a  teacher.     St.  1891,  1.50. 

Teachers  after  a  service  of  one  year  may  be  elected  to  serve  during  the 
pleasure  of  the  committee.     St.  1886,  313. 

Sect.  36.  Text-books  and  school  supplies  ai'e  hereafter  to  be  purchased 
and  loaned  to  the  pupils.     St.  1884,  103. 

Sects.  37,  38.  The  sum  due  to  the  town  for  school  books  may  be 
abated  as  in  the  case  of  taxes.     St.  1885,  67. 

Sect.  35-40  are  repealed  and  school  committees  may  procure,  at  the 
expense  of  the  city  or  town,  an  appropriation  having  been  previously  made 
therefor,  such  apparatus,  books  of  reference  and  other  means  of  illustration 
as  they  deem  necessary.     St.  1885,  161. 

Sect.  43-45.  Small  towns  may  unite  to  employ  a  superintendent  of 
schools  and  then  receive  assistance  from  the  state.  Section  43,  respecting 
the  service  of  school  committees  without  pay  in  towns  where  a  superin- 
tendent is  appointed,  shall  not  apply.     St.  1888,  431. 

The  sum  of  $35,000  shall  be  annually  appropriated  to  aid  small  towns 
to  pro\ide  siffjerintendents.     St.  1891,  272. 

Chapter  45. — Of  School  Districts. 

The  school  district  system  was  abolished  on  Jan.  1,  1883,  and  the  affairs 
of  the  districts  are  to  be  closed.     St.  1882,  219. 

Sect.  8.  Towns  are  given  the  right  to  sue  or  defend  for  abolished  school 
districts.     St.  1884,  122. 

Chapter  46.  —  Of  School  Registers  and  Returns. 

Sect.  15.  The  time  for  which  payment  is  to  cease  is  limited  to  two 
weeks  before  close  of  term.     St.  1891,  99. 

Chapter  47.  —  Of  the  Attendance  of  Children  in  the  Schools. 

Sect.  1.  The  excuse  of  poverty  and  the  provision  as  to  half-time 
schools  are  struck  out.  The  instruction  obtained  must  be  in  the  branches 
required  by  law  to  be  taught  in  the  public  schools.     St.  1889,  464,  §  1. 


Chap.  47.]  PuBLIC    STATUTES.  1225 

The  required  atteudance  at  public  schools  is  increased  from  twenty  to 
thirty  weeks.  The  penalty  shall  be  recovered  on  complaint  of  the  school 
committee  or  truant  officer.     St.  1890,  384. 

The  school  age  is  raised  to  fifteen  years  in  cities  and  towns  where  free 
industrial  education  in  any  form  is  furnished.     St.  1891,  361. 

Sect.  2.  Teaching  in  all  the  studies  required  by  law  must  be  in  the 
English  language,  instead  of  in  all  studies.     St.  1889,  464,  §  2. 

Sect.  9.  No  child  can  attend  school  while  any  person  in  his  family  is 
sick  with  small-pox,  diphtheria  or  scarlet-fever,  nor  until  two  weeks  after 
his  recovery.     St.  1884,  64. 

Nor  after  recovery  without  a  certificate  from  the  attending  physician  or 
board  of  health.     St.  1885,  198. 


Chapter   48.  —  Of    ttie    Employment   of    Children   and    Regulations 

Respecting  Them. 

Sect,  1.  No  minor  shall  be  emplo3'ed  to  sell  papers  devoted  to  criminal 
news.     St.  1885,  305. 

Sect.  1-6.  These  sections  are  repealed.  The  regulations  as  to  the 
employment  of  children  are  revised  and  extended  and  forms  established. 
St.  1888,  348. 

The  employment  of  children  who  cannot  read  and  write  in  the  English 
language  is  regulated.  Sts.  1887,  433,  §§  2,  3,  4  ;  1888,  348  ;  1889,  135  ; 
1891,  317. 

No  child  can  receive  the  certificate  unless  he  can  read  at  sight  and  write 
simple  sentences  in  the  English  language.     St.  1889,  291. 

The  application  for  a  permit  for  a  child  to  labor  under  St.  1887,  433, 
must  be  made  before  the  opening  of  the  yearly  session  of  the  evening 
school,  unless  he  furnishes  a  certificate  from  a  physician  that  he  has  been 
sick  or  injured  and  unable  to  attend  the  school.     St.  1890,  48. 

The  age  and  schooling  certificates  belong  to  the  child  and  must  be  sur- 
rendered to  him.     St.  1890,  299. 

Street  railway  corporations  may  not  permit  children  under  ten  to  enter 
their  cars  to  sell  newspapers  or  other  articles.     St.  1889,  229. 

Sect.  1  et  seq.  The  sanitary  provisions  in  factories,  workshops,  mer- 
cantile or  other  establishments  and  offices  are  regulated.  The  expense 
may  be  recovered  of  other  persons  having  an  interest  in  the  premises  in 
certain  cases.     St.  1888,  305. 

It  is  forbidden  to  employ  children  in  cleaning  machinery  in  motion.  St. 
1887,  121. 

Uniform  and  proper  meal  times  must  be  allowed  for  children,  young  per- 
sons and  women  employed  in  certain  factories  and  workshops  St.  1887, 
215,  330. 

The  words  used  in  statutes  relating  to  the  employment  of  labor  are 
defined.     St.  1887,  103. 

Sect.  10.  Children  who  persistentl}'  violate  the  reasonable  rules  and 
regulations  of  the  common  schools  also  fall  under  this  section.  The  clause 
allowing  the  judge  of  probate  to  approve  such  by-laws  is  omitted.  St. 
1889,  249,  §  1. 


1226  Changes  in  the  [Chap.  48. 

Sect.  10  et  seq.  Truants  may  be  apprehended  and  taken  to  school 
without  a  warrant.     St.  1889,  422. 

Sect.  12.  "Whoever,  after  notice,  hires,  entices  or  induces  any  child 
unlawfully  to  absent  himself  from  school,  or  hires,  employs  or  harbors  such 
absentee  or  truant  is  punished.     St.  1885,  71. 

This  section  is  amended  to  correspond  with  the  alteration  in  section  10. 
St.  1889,  249,  §  2. 

Sects.  13,  14.  The  county  truant  school  shall  be  the  place  of  confine- 
ment of  all  truants  within  the  cities  or  towns  of  the  county  unless  said 
cities  or  towns  have  made  other  provision  therefor.  The  provisions  for 
county  and  union  truant  schools  are  revised.     St.  1890,  309. 

Persons  in  city  or  town  truant  schools  may  be  removed  to  union  truant 
schools.     St.  1891,  426. 

Sect.  14.  Three  or  more  cities  or  towns  in  each  of  two,  three  or  four 
contiguous  counties  may  require  the  establishment  of  a  union  truant  school, 
and  the  clause  with  reference  to  Norfolk,  Bristol,  Barnstable  and  Plymouth 
counties  is  repealed.     St.  1884,  155. 

On  establishment  of  truant  school  in  Essex  county  the  superior  court 
may  order  transfers  to  it  from  the  Lawrence  industrial  school.  St.  1891, 
389. 

Sect.  18.  Poor  children  in  need  of  immediate  relief  are  to  be  provided 
for  by  the  board  of  lunacy  and  charity,  and  courts  may  commit  children 
who  are  growing  up  without  education  or  salutary  control,  or  who  are 
dependent  on  public  charity,  to  such  board,  if  they  have  no  settlement,  or 
to  the  overseers  of  the  poor  if  they  have  a  settlement.     St.  1882,  181. 

If  the  place  of  settlement  of  any  of  such  children  has  not  within  its  con- 
trol any  institution  in  which  the}'  may  be  lawfully  maintained  they  may  be 
committed  to  the  custody  of  the  board  of  lunacy  and  charity.  St.  1888, 
248. 

A  complaint,  summons  to  the  parents  or  guardian  of  the  child,  a  hearing 
and  appeal,  and  the  custody  of  the  child  pending  the  proceedings,  are  pro- 
vided for.     St.  1886,  330. 

If  any  parent  abandons  a  child  under  two  years  old,  or  neglects  to  sup- 
port it,  or  having  contracted  for  its  maintenance  fails  to  perform  such  con- 
tract, he  is  punished.  Any  person  knowingly  and  with  wrongful  intent 
aiding  such  abandonment  is  also  punished.  Every  person  receiving  a  child 
under  one  3'ear  old,  knowing  or  having  cause  to  believe  it  to  be  illegitmate, 
must  at  once  notify  the  overseers  of  the  poor.  The  parents  must  answer 
all  questions  as  to  its  residence,  parentage  and  place  of  settlement,  and 
must,  when  called  upon,  give  security  for  its  maintenance.     St.  1882,  270. 

Unreasonable  neglect  to  provide  for  the  support  of  a  wife  or  minor  child 
is  punished,  and  the  fine  may  be  paid  to  the  corporation  or  person  actually 
then  supporting  them.     Sts.'l882,  270,  §  4  :   1884,  210  ;   1885,  176. 

Sects.  18,  19.  Only  persons  appointed  b}'  the  towns  and  the  officers 
and  agents  of  the  society  for  the  prevention  of  cruelty  to  children  shall 
carry  into  effect  the  judgments  under  these  sections.     St.  1883,  245. 

Sect.  22  et  seq.  Whoever  abandons  an  infant  under  the  age  of  two 
years  is  punished.  Every  person  who  receives  for  board,  or  for  procuring 
adoption,  an  infant  under  the  age  of  one  year,  must  try  to  ascertain  whether 


Chap.  48.]  PUBLIC   STATUTES.  1227 

it  is  illegitimate  and,  if  he  kuows  or  lias  reason  to  believe  it  to  be  so,  must 
notify  the  board  of  luuacy  and  charity.  The  board  may  enter  any  building 
where  they  have  reason  to  suppose  that  such  child  is  and  take  the  custody 
of  it  and  remove  it.  Persons  receiving  infants  for  board  must  answer  the 
questions  of  the  board.     Sts.  188i),  309  ;  1891,  194. 

Boarding-houses  for  infants  under  the  age  of  five  years  must  be  licensed 
by  the  board  of  health.  Such  boarding-house  is  defined.  Infant  board- 
ing-houses must  be  visited  aud  ins{)ectetl.     St.  1889,  41(3. 


Chapter  49.  —  Of  the  Laying  out  and.  Discontinuance  of  Ways  and 
of  Damages  Occasioned,  by  the  Taking  of  Land  for  Public  Use. 

Sects.  1,10,  13.  Towns  which  accept  tliis  act  shall  have  concurrent 
jurisdiction  with  connt}^  conniiissioners  to  alter,  widen,  locate  anew  and 
make  specific  repairs  upon,  any  highway  or  county  bridge  within  their  limits, 
but  not  to  discontinue.  Proceedings  to  be  the  same  as  in  case  of  town 
ways.     St.  1891,  170. 

Land  may  be  taken  for  parks.     St.  1882,  154. 

In  the  first  section  of  the  public  park  act  (St.  1882,  1.54)  the  clause 
prohibiting  a  "  selectman  or  other  officer  of  such  town  "  from  being  a  park 
commissioner  is  changed  to  read,  "  selectman,  or  treasurer  or  clerk  of  such 
town."     St.  1890,  240. 

For  the  cultivation  of  trees.     St.  1882,  255. 

The  improvement  of  public  grounds  or  open  spaces  in  streets  designated 
as  not  needed  for  public  travel,  may  be  given  to  corporations  organized  for 
the  purpose,  who  shall  then  have  charge  thereof,  subject  to  the  direction  of 
the  selectmen  or  road  commissioners.  Any  wilful  injury  is  punished  by  a 
fine  which  goes  to  the  corporation.     St.  1885,  157. 

Public  landing  places  already'  existing  may  be  laid  out  and  defined. 
St.  1.S82,  109. 

Sf.ct.  18.  A  provision  is  inserted  providing  for  the  payment  by  the 
trustee  of  any  rent  or  charge  to  the  reversioner  or  remainderman,  and  the 
language  is  changed  in  other  respects.     St.  1883,  253. 

Sect.  47.     Tlie  pay  of  the  officer  who  attends  the  sheriff's  jury  is  $4  per  • 
day.     St.  1882,  96. 

Sects.  84,  85,  86.  These  sections  which  define  the  powers  of  the  street 
commissioners  of  Boston  are  revised.     St.  1888,  397. 

Their  powers  are  abridged.     St.  1891,  323,  §§  8,  10. 

Board  of  survey  and  manner  of  locating,  laying  out  and  constructing 
highways  in  Boston  provided  for.      St.  1891,  323. 

Sect.  105.  Damages  for  land  taken  by  any  town  in  the  counties  of 
Nantucket  or  Dukes  county,  or  by  either  of  those  counties,  may  be 
assessed  by  a  jury  in  the  superior  court  in  Bristol  county.     St.  1887,  50. 

Chapter  50.  — Of  Sewers,  Drains  and  Sidewalks. 

Sect.  1.  Cities  and  towns  may  take  land  for  the  purification  and  dis- 
posal of  sewage.     St.  1890,  124. 

The  board  of  health  may  require  every  building  on  a  public  or  private 


1228  Changes  ix  the  [Chap.  50. 

street,  court  or  passageway,  in  which  there  is  a  public  sewer,  to  be  connected 
with  it.     St.  1889,  132. 

Any  town  may  authorize  its  board  of  health  to  make  and  enforce  con- 
nections with  public  sewers.     St.  1889,  108. 

Sect.  5.  Land  sold  for  sewer  assessments  may  be  redeemed  as  if  sold 
for  taxes.     St.  1883,  145. 

The  lien  shall  continue  for  two  years  instead  of  one  year.     St.  1886,  210. 

Sect.  25.  In  cities  which  accept  provisions  of  this  act,  sewer  assess- 
ments shall  be  apportioned  into  such  number  of  equal  parts,  not  exceeding 
ten,  as  owners  of  land  assessed  shall  request  in  writing,  and  added  to 
annual  tax.-    St.  1891,  97. 

Cliapter  51.  —  Of  Betterments  and.  other  Assessments  on  Account  of 
the  Cost  of  Public  Improvements. 

The  betterment  act  is  extended  to  alterations  of  ways  at  railroad  cross- 
ings.    St.  1884,  280. 

Sect.  1-9.  Extended  to  alterations,  relocations  and  repairs  of  high- 
ways and  bridges  by  towns.     St.  1891,  170,  §  3. 

The  authorities  may  agree  to  assume  betterments  for  streets  or  parks,  if 
the  land  owner  will  release  damages.     St.  1884,  226. 

Betterments  bear  interest  after  thirty  days  and  the  lien  continues  for  one 
year  after  the  determination  of  any  suit  to  test  their  validity.  St.  1884, 
237. 

Notice  of  an  assessment  of  betterments  must  be  given  within  three 
mouths  to  persons  affected.     St.  1885,  299. 

The  county  commissioners,  in  laying  out,  altering,  grading  or  discon- 
tinuing highways,  may  declare  the  same  to  be  done  under  the  betterment 
acts,  so  far  as  it  is  done  within  a  city  or  town  which  has  accepted  those 
acts.  If  ihey  have  ordered  damages  for  any  land  or  buildings  to  be  paid 
from  the  county  treasury,  the  sum  shall  be  included  and  reimbursed  to  the 
county  ratably  from  the  betterments  collected.     St.  1887,  124. 

Chapter  52.  — Of  the  Repair  of  Ways  and  Bridges. 

Sect.  10.  The  trimming  and  removal  of  trees  in  ways  is  regulated. 
St.  1885,  123,  §  2. 

Sect.  19.  The  notice  of  injury  shall  not  be  invalid  for  any  unintentional 
inaccuracy,  if  the  party  entitled  to  notice  was  not  misled.     St.  1882,  36. 

Actions  for  injuries  received  on  highways  are  no  longer  limited  to  the 
superior  court.     St.  1888,  114. 

Chapter   53.  — Of  the    Regulations    and   By-laws    respecting  Ways 

and  Bridges. 

Canals  and  waterways  adjudged  to  be  dangerous  to  public  travel  must 
be  fenced.     St.  1887,  393. 

Sect.  1.  Guide  posts  are  required  at  forks  or  intersections  of  such 
highways  and  other  ways  as  lead  to  adjoining  towns  or  cities.  St.  1887, 
162. 

Sect.   18.     The  county  commissioners  may  regulate  the  speed  at  which 


Chap.  53.]  PuBLIC   STATUTES.  1229 

persons  may  ride  or  drive  horses  or  other  beasts  over  any  bridge  which  has 
cost  not  less  than  one  thousand  dollars  and  to  the  construction  or  mainten- 
ance of  which  the  county  contributes.     St.  1888,  313. 

Chapter   54.  —  Of  the    Boundaries  of  Highways    and   other   Public 
Places,  and  Encroachments  thereon. 

No  barbed  wire  fence  may  be  built  against  a  sidewalk.     St.  1884,  272. 

Laws  granting  the  right  to  regulate  telephone  and  telegraph  lines  are 
extended  to  every  corporation,  co-partnership  or  person  having  authority 
to  place  posts,  wires  or  structures  in  public  ways  or  places  for  any  purpose. 
When  unused  such  posts  may  be  ordered  to  be  removed  at  the  expense  of 
the  owner.     St.  1889,  398. 

Sects.  6,  9.  The  town  or  city  may  itself  plant  such  trees.  St.  1885, 
123,  §  1. 

Sects.  6,  12.  Ornamental  and  shade  trees  may  be  designated  for  pres- 
ervation and  marked,  and  it  is  then  forbidden  to  destroy  them.  Sts.  1890, 
196;  1891,  49. 

Sects.  9,  12.  The  requirement  of  acceptance  is  repealed.  St.  1885, 
123,  §  3. 

Chapter  56.  —  Of  the  Inspection  and  Sale  of  Butter,  Cheese,  Lard, 
Fish,  Hops,  Leather  and  Pot  and  Pearl  Ashes. 

Provision  made  for  a  state  dairy  bureau  and  the  protection  of  dairy  prod- 
ucts.    St.  1891,  412. 

Sect.  17.  In  the  mark  or  label,  "imitation  butter"  is  substituted  for 
"adulterated  butter."     St.  1884,  310,  §  1. 

Sects.  17,  18,  19.  The  type  of  the  brand  required  is  changed  from 
roman  to  gothic,   and  other  names  are  allowed.     St.   1885,  352,  §§  1,  2. 

The  sale  of  imitations  of  butter  is  further  regulated.  Sts.  1886,317; 
1891,  412. 

Imitation  of  yellow  butter  in  products  or  compounds  not  produced  from 
unadulterated  milk  or  cream  forbidden.     St.  1891,  58,  §  1. 

Sect.  19.  The  use  of  false  labels,  stamps  or  marks  is  punished.  St. 
1885, 352,  §  3. 

Furnishing  to  any  guest  at  a  hotel,  restaurant,  or  lunch  counter,  oleo- 
margarine or  butterine,  instead  of  butter,  without  notice  of  the  fact,  is 
punished.     St.  1891,  412,  §  5. 

Sect.  20.  Inspectors  may  enter  places  where  butter  or  cheese  is  stored 
or  kept  for  sale,  and  interference  with  their  duties  is  punished.  St.  1884, 
310,  §  2. 

Inspectors  of  milk  to  make  complaints,  etc.,  for  imitations  of  yellow  butter 
in  compounds  of  fat.     St.  1891,  58,  §  2. 

Inspectors  appointed  under  St.  1882,  263,  are  given  authority  under 
this  section.     St.  1885,  352,  §  5, 

Sect.  3-21.  The  sale  of  adulterated  lard  is  forbidden  unless  it  is 
branded  as  compound  lard.     St.  1887,  449. 

Sect.  22  et  seq.  Public  weighers  of  salt-water  fish  may  be  appointed. 
Their  duties  and  fees  are  established.     St.  1888,  163. 


1230  Changes  in  the  [Chap.  57. 


Chapter  57.  —Of  the  Inspection  and  Sale  of  Milk. 

Municipal,  district,  police  courts  and  trial  justices  are  given  concurrent 
jurisdiction  with  the  superior  court  of  offences  under  this  chapter.  St. 
1885,  149. 

Provision  made  for  a  state  dairy  bureau  and  the  protection  of  dairy  prod- 
ucts.    St.  1891,  412. 

The  milk  act  is  not  repealed  or  amended  by  subsequent  legislation  as  to 
adulterations.     St.  1884,  289,  §  4. 

Sect.  2  is  revised.  Milk  for  analysis  is  to  be  delivered  to  the  inspector 
on  his  written  request,  instead  of  his  taking  it.  The  clause  making  the 
certificate  of  analysis  evidence  is  omitted.  A  part  of  the  sample  analyzed 
is  to  be  kept  for  the  defendant.     St.  1884,  310,  §§  3,  4. 

This  section  is  again  revised.  The  assistants  as  well  as  the  inspectors 
may  enter  and  take  samples.     St.  1885,  352,  §  4. 

Inspectors  appointed  under  St.  1882,  363,  are  given  authority  under 
this  section.     St.  1885,  342,  §  5. 

The  inspectors  may  appoint  collectors  with  power  to  take  samples. 
They  may  take  samples  in  all  cases  instead  of  only  when  they  have 
reason  to  believe  the  milk  adulterated.  They  must  on  request  give  a  por- 
tion of  the  sample  to  the  person  from  whom  it  is  taken.  The  provision 
that  the  certificate  of  analysis  shall  be  evidence  is  stricken  out.  St.  1886, 
318,  §  1. 

A  refusal  or  neglect  to  deliver  a  portion  of  the  sample  makes  any  analy- 
sis or  test  incompetent.     St.  1886,  318,  §  3. 

They  shall  make  complaints  for  imitations  of  yellow  butter  by  compounds 
of  fat.     St.  1891,  58,  §  3. 

"Whoever  makes,  uses  or  has  a  counterfeit  of  the  inspector's  seal,  or  tam- 
pers with  samples,  is  punished.     St.  1886,  318,  §  4. 

Sect.  5,  9.  Milk  not  of  good  standard  quality  is  added  to  the  kinds 
which  may  not  be  sold.  Good  standard  quality  is  defined.  St.  1886, 
818,  §  2. 

Sect.  7.  The  mark  must  be  in  uncondensed  gothic  letters.  St.  1885, 
352,  §  7. 

Skimmed  milk  must  contain  not  less  than  nine  and  three-tenths  per 
cent,  of  milk  solids,  exclusive  of  fat.     St.  1885,  352,  §  8. 

Sect.  8.  It  is  made  an  offence  to  obstruct  an  inspector.  St.  1884, 
310,  §  5. 

Sect.  12,  regulating  the  number  of  quarts  that  a  milk  can  shall  hold,  is 
repealed.     St.  1885,  145. 

The  wilful  defacing  and  misuse  of  milk  cans  is  punished.  St.  1885, 
133. 

Chapter  58.  —  Of  the  Inspection  and  Sale  of  Provisions  and  Animals 
Intended  for  Slaughter. 

The  sale  of  dressed  poultry  is  regulated.     St.  1887,  94. 
The  adulteration  of  any  drug  or  article  of  food  is  punished.     Adultera- 
tion is  defined.     St.  1882,  263. 

"  Food"  and  "  drug"  are  defined.     St.  1886,  171. 


Chap.   58.]  PuBLTC    STATUTES.  1231 

The  annual  expenditure  for  the  enforcement  of  the  adulteration  act  may 
be  $10,000.  An  annual  report  by  the  state  board  is  required.  St.  1884, 
289,  §§  1,  2.  The  act  does  not  apply  to  mixtures  recognized  as  ordinary 
articles  of  food,  nor  to  drugs  where  the  standard  has  been  raised,  nor  to 
cases  wliere  an  inferior  article  is  ordered  or  the  difference  is  known  to  the 
purchaser.     St.  1884,  289,  §§  5,  7. 

A  portion  of  the  sample  must  be  furnished  to  the  defendant.  St.  1884, 
289,  §  8. 

Chapter  59.  —  Of  the  Inspection  and  Sale  of  Certain  Oils. 

The  preparation,  storage  and  sale  of  unsafe  oils  intended  to  be  used  for 
fuel  is  forbidden,  the  person  guilty  is  punished  and  also  made  liable  for  all 
damages,  and  the  oil  is  forfeited.  A  standard  test  for  such  oils  is  estab- 
lished.    St.  1885,  98. 

Sect.  7.  A  new  section  is  substituted  which  forbids  the  selling  or  keep- 
ing for  sale  of  kerosene  or  petroleum  unless  inspected  by  an  authorized 
inspector.     St.  1885,  122,  §  2. 


Chapter  60.  — Of  the  Inspection  and  Sale  of  Vai-ious  Articles. 

Fraud  in  the  sales  of  goods,  wares  and  merchandise  at  public  or  private 
sales  by  itinerant  vendors  is  punished  and  such  sales  are  regulated.  St. 
1890,  448. 

Dealers  in  ice  must  provide  each  wagon  with  scales  and  weigh  the  ice 
delivered  on  request      St.  1890,  276. 

Sect.  11-16.  These  sections  as  to  the  inspection  and  sale  of  commercial 
fertilizers  are  repealed  and  new  provisions  are  substituted.     St.  1888,  296. 

Sect.  17,  which  provides  the  mode  of  issuing  licenses  to  sell  commer- 
cial fertilizers,  is  repealed.     St.  1883,  29. 

Sect.  20.  A  crate  of  cranberries  containing  thirty-two  quarts,  level 
measure,  is  made  a  legal  measure,  and  all  barrels  or  crates  must  be  branded 
or  marked  "Massachusetts  standard  measure."  Whoever  so  brands  or 
marks  any  barrel  or  crate  of  less  capacity  is  punished.     St.  1884,  161. 

Sect.  21.  Cider  apples,  beans  and  peas  are  added  to  the  articles  which 
must  be  sold  either  by  the  bushel  or  the  cental.  The  weight  of  a  bushel 
of  apples  is  fixed  at  fifty  pounds,  and  of  beans  or  peas  at  sixty-two  pounds. 
St.  1888,  414. 

Sect.  69-71.  The  adulteration  of  vinegar  is  forbidden,  and  the  stand- 
ard of  purity  fixed.  The  act  is  to  be  enforced  by  the  inspectors  of  milk. 
St.  1884,  307. 

Artificial  coloring  matter  is  to  be  deemed  an  adulteration,  and  the  per 
cent,  of  acetic  acid  is  reduced  from  five  to  four  and  one-half  per  cent.,  and 
that  of  cider  vinegar  solids  is  increased  from  one  and  one-half  to  two  per 
cent.     St.  1885,  150. 

Sect.  69.  Vinegar  not  made  exclusively  of  apple  cider,  or  into  which 
foreign  substances  have  been  introduced,  may  not  be  sold,  held  with  intent 
to  sell  or  exposed  for  sale,  as  cider  vinegar.  Sts.  1883,  257,  §  1  ;  1884, 
307,  §  1. 


1232  Changes  ix  the  [Chap.  60. 

Sect.  71.  Compensation  may  be  provided  for  the  inspector  of  vinegar, 
or  he  ma3M'eeover  a  reasonable  compensation  for  his  services.  St.  1883, 
257,  §  2. 

Cities  or  towns  may  pav  inspectors  of  vinegar  appointed  under  St.  1880, 
113.     St.  1884,  163. 

Sect.  72-78.  Cities  maj'  make  ordinances  to  regulate  sale  of  prepared 
wood,  slabs  and  edgings.     St.  1891,  136. 

Sect.  82.  Coal  in  amounts  less  than  five  hundred  pounds  must  be  sold 
in  measures  of  the  dimensions  prescribed,  and  any  person  who  uses,  or  has 
with  the  intention  to  use,  any  other  measure,  is  punished.     St.  1883,  218. 

The  baskets  and  measures  prescribed  by  St.  1883,  218,  must  be  stamped 
with  their  capacity  by  the  sealer  of  weights  and  measures,  and  the  coal 
must  be  delivered  in  them.     St.  1884,  70. 


Chapter  61.  —  Of  the  Inspection  of  Gas  and  Gas  Meters. 

In  the  construction  of  this  chapter  gas  company  includes  any  person 
owning  or  operating  works  for  the  manufacture  or  sale  of  gas  for  heating 
or  illuminating  purposes.     St.  1886,  346,  §  7. 

A  board  of  gas  commissioners  is  established  to  whom  the  gas  companies 
are  to  report  and  who  have  power  to  hear  compkunts  and  make  orders  with 
regard  to  the  quality  and  price  of  gas.     St.  1885,  314. 

The  board  of  gas  commissioners  is  constituted  a  board  of  gas  and  electric 
light  commissioners,  and  the  laws  as  to  gas  are  extended  to  electric  light 
companies.      Sts.  1887,  382;   1889,  373. 

Their  expenses  regulated.     St.  1891,  351. 

The  inspector  and  assistant  inspector  hold  office  until  the  appointment 
and  qualification  of  their  successors,  respective!}^,  instead  of  until  the 
appointment  of  their  successors.     St   1889,  169. 

Further  provision  is  made  as  to  regulating  the  price  of  gas.  All  acci- 
dents are  to  be  reported  and  investigated  and  an  abstract  included  in  the 
annual  report.     St.  1888,  350. 

The  place  where  the  books  of  gas  companies  shall  be  kept  and  their  form 
is  regulated.  They  may  be  compelled  to  furnish  gas.  St.  1886,  346, 
§§1,2,5. 

Sects.  11,  12.  The  meter  must  be  easily  read  and  not  confuse  or  deceive 
the  consumer,  and  no  rent  for  it  can  be  charged  where  the  consumer  uses 
gas  to  the  value  of  seven  dollars  in  any  one  year.     St.  1886,  346,  §  6. 

Sects.  13,  14.  Gas  for  purposes  other  than  lighting  need  not  be  inspected 
under  these  sections.     St.  1885,  240. 

Sect.  14.  An  inspection  is  to  be  made  for  every  six  million  feet  of  gas 
instead  of  every  four  million.     St.  1886,  250. 

The  gas  connnissiouers  may  license  gas  companies  to  make  and  sell 
water  gas  containing  any  percentage  of  carbonic  oxide  that  said  board 
may  determine.  The  company"  must  furnish  their  customers  a  copy  of  the 
license,  containing  a  statement  of  tlie  percentage  of  carbonic  oxide.  They 
may  not  charge  more  than  other  companies  in  that  locality  charge  when  the 
manufacture  and  sale  is  so  licensed.     St.  1888,  428. 

The  provision  against  carbonic  oxide  in  gas  is  stricken  out.    St.  1890,  252. 


Chap.  63.]  PuBLIC   STATUTES.  1233 


Chapter  63.  — Of  the  Sui'vey  and  Sale  of  Lumber,  Ornamental  Wood 

and  Ship  Timber. 

Sects.  1,  2,  3,  4,  5,  16,  I'J.  Tliese  sections  are  amended  and  revised. 
St.  1890,  159. 

Chapter  65.  —  Of  Weights  and  Measures. 

Tlie  weiglits,  measures  and  balances  to  be  kept  by  counties,  cities  and 
towns,  are  defined.  Tiieir  sets  are  to  be  complete.  The  duties  of  the 
deputy  sealer  are  established.  He  is  given  a  salary  instead  of  fees.  His 
office  shall  be  in  the  treasury  and  he  shall  be  under  the  direction  of  the 
treasurer  and  receiver-general.     St.  1890,  426. 

Sfxt.  7.  The  standards  shall  be  tested  every  five  years  instead  of  every 
ten  years.     St.  1890,  426. 

Sect.  8.  Sealers  of  weights  and  measures  are  to  be  appointed  in  cities 
by  the  mayor  and  aldermen,  and  not  by  the  city  council.     St.  1882,  42. 

Sect.  21.  Unlawful  weights  and  measures  may  be  seized.  Possession 
is  made  prima  facie  evidence  of  unlawful  intent,  and  the  person  having 
them  is  punished.     St.  1883,  225. 

Chapter  67.  —  Of  Auctioneers. 

Any  person  who  sells  or  attempts  to  sell  or  advertises  for  sale  any  goods 
falsely  representing  that  they  are  a  bankrupt  stock  or  damaged  goods  or 
goods  saved  from  a  fire,  or  makes  any  false  statement  as  to  their  previous 
history  or  character  shall  be  punished  by  a  fine  and  be  liable  to  the  pur- 
chaser in  a  sum  three  times  that  paid  for  them.     St.  1890,  449,  §  3. 

Sect.  1.  Auctioneers  must  have  resided  in  the  city  or  town  for  six 
months  before  their  appointment.     St.  1886,  289. 

Sect.  5.  The  clause  forbidding  an  auctioneer  to  sell  his  own  goods 
before  sunrise  or  after  sunset  is  struck  out.     St.  1886,  289. 

Sect.  6.  Goods  brought  into  a  city  or  town  by  persons  travelling  and 
carrying  stocks  of  goods  from  town  to  town  to  be  sold  by  auction,  shall  be 
sold  only  by  a  duly  licensed  auctioneer  having  a  regular  place  of  business 
in  such  city  or  town.  If  a  non-resident  he  must  take  out  a  permit.  St. 
1890,  449,  as  amended  by  St.  1891,  144. 

Chapter  67a.  —  Of  the  Regulation  of  Pharmacy. 

A  board  of  registration  in  pharmacy  is  established.  Every  person  en- 
gaged in  the  business  of  retailing  or  dispensing  drugs,  medicines,  chemi- 
cals or  poisons,  or  compounding  them  for  sale,  must  be  registered.  The 
business  is  regulated.     St.  1885,  313. 

The  clause  allowing  retail  dealers  in  drugs  and  medicines  who  were  in 
business  at  the  passage  of  the  law  to  register  is  repealed.     St.  1887,  267. 

Chapter  67b.  — Of  the  Regulation  of  the  Practice  of  Dentistry. 

A  board  of  registration  in  dentistry  is  established,  and  the  practice  of 
dentistry  is  regulated.     St.  1887,  137. 


1234  Changes  in  the  [Chap.  68. 


Chapter  68.  — Of  Hawkers  and  Peddlers. 

Any  person  who  employs  a  child  under  fifteen  in  peddling  without  a 
license  or  in  begging,  or  permits  him  to  peddle  or  beg,  is  punished.  St. 
1887,  422. 

Sect.  2.  Cities  and  towns  may  regulate  the  sale  of  any  articles  per- 
mitted to  be  sold  by  section  1  by  any  hawker  or  peddler,  and  their  authority 
is  not.  as  now,  limited  to  the  regulation  of  sales  by  minors.  They  may 
impose  penalties,  but  no  new  fees  can  be  imposed.     St.  1883,  168. 

Sect.  9.  The  secretary  of  the  Commonwealth  may  grant  licenses 
without  any  fee  to  persons  recommended  by  the  towns  or  cities,  as  stated 
in  section  4,  who  are  over  seventy  years  of  age.     St.  1883,  118. 

The  special  license  without  the  payment  of  any  fee  may  be  granted  to 
an}'  honorably  discharged  soldier  resident  here.     St.  1889,  4.57. 

Chapter  69. —Of  Shipping  and  Seamen,  Harbors  and  Harbor- 
Masters. 

The  owners  or  managers  of  foreign  vessels  running  or  advertised  to 
run  to  any  port  in  this  state  must  file  with  the  commissioner  of  corpora- 
tions a  copy  of  the  register  and  a  list  of  the  names  of  the  owners,  and 
appoint  the  commissioner  agent  to  receive  service  of  legal  process.  St. 
1889,  393. 

Sect.  1-13.  Transportation  for  destitute  seamen  may  be  furnished  at 
the  expense  of  the  state.     St.  1886,  179. 

Sect.  8.  The  clause  as  to  advance  wages  is  stricken  out.  St.  1889, 
284. 

Sect.  23.  The  throwing  into  or  depositing  in  harbors  of  any  injurious 
materials  is  forbidden.  The  harbor  commissioners  may  forbid  injurious 
changes  on  the  shoies.     St.  1884,  269. 

Sect.  25.  Assistant  harbor-masters  may  be  appointed  as  well  as  harbor- 
masters, and  shall  be  subject  to  their  control.     St.  1882,  216. 

Sects.  26,  29,  33.  A  harbor-master  may  require  vessels  to  change 
their  place  of  anchorage.  Masters  of  tug-boats  and  pilots  must  cause  ves- 
sels in  their  charge  to  anchor  under  his  direction.  He  may  recover  the 
expense  of  moving  them,  if  not  anchored  as  he  requires.     St.  1884,  173. 

Sect.  33.  The  penalty  is  made  to  cover  any  violation  of  sections  23 
to  32.     St.  1884,  173. 

Chapter  70.  — Of  Pilots  and  Pilotage. 

Pilots  may  be  appointed,  in  addition  to  those  now  allowed  by  law,  except 
for  the  port  of  Boston.  Where  the  recommendation  of  a  society  is  now 
required,  they  shall  not  be  appointed  without  a  certificate  from  the  society, 
unless  it  neglects  for  three  months  to  pass  upon  their  qualifications.  St. 
1882,  174. 

A  pilot  may  be  appointed  for  the  harbor  of  Cohasset.  The  rates  are 
the  same  as  for  the  harbor  of  Boston.     St.  1887,  298. 

Sect.  12.  The  pilots  shall  be  "  for  any  and  all  ports  of  said  ports 
within  their  jurisdiction,"  instead  of  "  for  the  said  ports  respectively." 
St.  1890,  300. 


Chap.   70.]  PUBLIO    STATUTES.  1235 

Sect.  15.  The  fees  for  the  pilotage  of  vessels  in  aud  out  of  Wood's 
Holl  harbor  are  established.     St.  1889,  275. 

If  a  vessel  entering  Boston  harbor  passes  a  line  fixed,  she  is  not  liable  to 
pilotage.     St.  1884,  252,  §  1. 

Exempt  vessels  may  require  a  pilot  and  then  shall  pay  him.  St.  1884, 
252,  §  5. 

The  rates  of  pilotage  for  the  ports  of  Salem  and  Beverly  shall  be  the 
same  as  for  the  port  of  Boston.     St.  1887,  204. 

Sect.  27.  Whaling  vessels  outward-bound  from  New  Bedford  are 
exempt  from  the  pilotage  law.     St.  1884,  213. 

Sect.  30.  Vessels  of  not  over  three  hundred  and  fifty  tons  pay  only  half 
fees.  They  are  not  held  for  any  fees  unless  they  take  a  pilot.  The  former 
limit  was  two  hundred  tons.     St.  1884,  252,  §§2,  3. 

Sect.  32.  In  the  list  of  vessels  exempt  from  compulsory  pilotage  are 
omitted  "  all  single-decked  coasting  vessels  of  not  more  than  three  hundred 
and  fifty  tons."     St.  1884,  252,  §  4. 

Sect.  39.  Persons  other  than  pilots  may  not  assume  or  continue  to  act 
as  such  when  pilots  can  be  got.     St.  1884,  2b2,  §  6. 

Chapter  72.  —  Of  Public  Warehouses. 

Provision  is  made  for  the  sale  of  goods  held  by  public  warehousemen 
for  overdue  charges  and  the  disposition  of  the  proceeds  is  determined. 
St.  1887,  277. 

Sect.  2.  The  amount  of  the  bond  and  its  sureties  are  to  be  approved 
by  the  governor.     St.  1885,  167. 

Sect.  5.  Any  person  requesting  it  may  have  a  non-negotiable  receipt 
which  can   only    be    assigned   on   the  books   of    the  warehouseman.     St. 

1886,  258. 

Chapter  74.  — Of  the  Enaployment  of  Labor. 

A  state  board  of  arbitration  for  the  settlement  of  disputes  and  differences 
between  employers  and  their  employees  is  created.  Sts.  1886,  263 ; 
1887,269. 

The  provision  in  St.  1887,  269,  §  1,  that  the  board  shall  choose  one  of 
its  members  as  secretary  is  stricken  out.  The  salary  of  the  clerk  is  not  to 
exceed  Si, 200.     St.  1888,  261. 

Provision  is  made  for  the  appointment  of  expert  assistants  to  the  state 
board  of  arbitration.     St.  1890,  385. 

The  words  used  in  the  statutes  relating  to  labor  are  defined.  St.  1887, 
103,  §  5. 

Fines  for  imperfect  weaving  prohibited.     St.  1891,  125. 

The   proper  ventilation  of    factories    and   workshops    is  required.     St. 

1887,  173. 

The  sanitary  provisions  in  factories  aud  workshops  are  regulated.  Sts. 
1887,  103;  1888,  305. 

It  is  required  that  uniform  and  proper  meal  times  shall  be  allowed  to 
children,  young  persons  and  women  employed  in  certain  factories  and 
workshops.     Si.  1887,  215,  330. 

Employers  must  furnish  seats  for  females  employed.     St.  1882,  150. 


1236  Changes  in  the  [Chap.  74. 

ManvTfacturers  may  sound  bells,  gongs  and  whistles  as  signals  to  their 
workmen,  of  such  size  and  at  such  hours  as  the  town  or  city  authorities 
may  in  writing  permit.     St.  1883,  84. 

Corporations  must  pay  weekly  all  wages  earned  up  to  six  days  before 
such  payment.     St.  1886,  87. 

The  weekly  payment  law  is  modified  in  its  application  to  municipal  cor- 
porations, counties,  co-operative  associations  or  corporations  and  railroads. 
Complaints  may  be  made  by  the  chief  of  the  district  police  or  any  state 
inspector  of  factories,  and  the  defences  to  such  complaint  are  limited. 
Assignments  to  the  corporation  or  any  person  for  it,  or  made  to  relieve  it 
from  the  obligation  to  pay  wages  weekly,  are  void.  St.  1887,  399,  as 
amended  by  St.  1891,  239. 

Payment  of  wages  after  complaint  brought  is  no  defence.  St.  1891, 
239,  §  2. 

Ail  manufacturers  and  mercantile  establishments  must  give  the  chief  of 
the  district  police  Avritten  notice  of  any  accident  by  which  an  employee 
loses  his  life,  or  is  kept  from  work  for  over  four  days.  The  chief  of  the 
district  police  keeps  a  record  of  such  accidents  and  includes  an  abstract  in 
his  annual  report.     Sts.  1886,  260  ;  1890,  83. 

It  is  forbidden  to  employ  children  in  cleaning  machinery  in  motion. 
St.  1887,  121. 

The  employment  of  children  who  cannot  read  and  write  the  English 
language  is  regulated.  Sts.  1887,  433,  §§  2,  3,  4  ;  1888,  348  ;  1889,  135  ; 
1891,  317. 

The  application  for  a  permit  for  a  child  to  labor  under  St.  1887,  433, 
must  be  made  by  the  child  before  the  opening  of  the  yearly  session  of  the 
evening  school  unless  he  furnishes  a  physician's  certificate  in  an  established 
form  that  he  was  sick  or  injured  and  unable  to  attend  the  school.  St. 
1890,  48. 

The  liability  of  employers  to  make  compensation  for  personal  injuries 
suffered  by  employees  in  their  service  is  extended  and  regulated.  St.  1887, 
270. 

The  notice  under  the  employer's  liability  act  must  be  in  writing  and 
signed.     St.  1888,  155. 

Sect.  4.  The  ten-hour  law  is  made  to  apply  to  manufacturing  and 
mechanical  establishments.  St.  1883,  157  ;  but  not  to  mercantile  establish- 
ments.    St.  1884,  275,  §  4. 

This  section  is  amended  and  revised.     Sts.  1884,  275  ;   1887,  280. 

No  corporation  or  manufacturing  establishment  shall  employ  any  women 
or  minor  for  the  purpose  of  manufacturing  between  ten  o'clock  at  night 
and  six  o'clock  in  the  morning.     St.  1890,  183. 

Nine  hours  shall  constitute  a  day's  labor  for  all  laborers,  workmen  and 
mechanics  for  the  state  or  any  town  or  city.  St.  1890,  375  ;  and  for  any 
county  after  Jan.  1,  1892.     St.  1891,  350. 

Chapter  75.  —  Of  Limited.  Partnerships. 

Sect.  3.  Tlie  name  of  a  former  firm  may  be  used  with  the  consent  of 
its  members.     St.  1887,  248,  §  1. 


Chap.   75.]  PuBLIC    STATUTES.  1237 

Sect.  7.  In  case  of  a  renewal  the  special  capital  must  equal  that  origi- 
nally put  in  and  the  certificate  must  so  state.     St.  1887,  248,  §  3. 

Sect.  8.  A  special  partner  may  draw  interest  at  any  rate  agreed  on,  not 
exceeding  six  per  cent.,  out  of  the  profits.     St.  1887,  248,  §  2. 

Sect.  12,  The  clause  making  the  special  partner  liable  in  cases  not  pro- 
vided for  in  this  chapter  is  repealed.     St.  1887,  248,  §  4. 

Chapter  77.  —  Of  Money,  Bills  of  Exchange,  Promissory  Notes  and 

Checks. 

Checks  or  demand  drafts  may  be  paid  within  ten  days  after  their  date, 
although  the  drawer  in  the  mean  time  dies.     St.  1885,  210,  §  1. 

Sect.  1.  The  par  of  exchange  established  by  the  United  States  Rev. 
St.,  §  3565,  is  adopted.     St   1882,  110. 

Sect.  8.  All  loans  for  less  than  one  thousand  dollars  shall  be  dis- 
chargeable by  payment  or  tender  of  the  sum  actually  loaned  with  eighteen 
per  cent,  interest  and  not  exceeding  ten  dollars  for  expenses.     St.  1888,  388. 

When  Christmas  falls  on  Sunday,  the  day  following  is  made  a  holiday. 
St.  1882,  49.  And  the  first  Monday  of  September,  which  is  to  be  known 
as  labor's  holiday.     St.  1887,  2(33. 

Sect.  8  et  seq.  A  written  promise  to  pay  money  is  a  promissory  note 
and  negotiable  though  the  time  of  payment  is  uncertain,  if  it  is  payable  at 
all  events  and  at  some  time  which  must  certainly  come.     St.  1888,  329. 

Chapter  77a.  —  Of  the  Encouragement  of  Agriculture. 

A  bounty  of  one  dollar  a  ton  is  given  for  sugar  made  from  beets  or 
sorghum,  under  the  regulation  stated.     St.  1883,  189. 

The  obtaining  by  false  pretences  of  certificates  of  registration  of  cattle, 
or  transfers  of  such  registration,  and  the  giving  of  false  pedigrees  of  cattle 
and  other  animals,  is  punished.     St.  1887,  143. 

Provision  is  made  for  the  registration  of  the  pedigrees  of  horses  used  for 
breeding  purposes.     St.  1890,  334. 

Provision  is  made  for  the  extermination  of  the  gypsy  moth,     St.  1891,  210. 

Chapter  78.  —  Of  the  Prevention  of  Frauds  and  Perjuries. 

An  agreement  to  make  wills,  devises  or  legacies  is  not  binding  unless  in 
writing.     St.  1888.  372. 

Chapter  79.  —  Of  the  State  Board  of  Health,  Lunacy  and  Charity. 

The  duties  of  the  state  board  of  health,  lunac}'  and  charity  are  divided 
between  a  state  board  of  health  and  a  state  board  of  lunacv  and  charity. 
St.  1886,  101. 

The  salary  of  the  secretary  of  the  board  of  health  is  S3, 000.  St. 
1889,  370. 

The  governor  may  detail  an  officer  of  the  district  police  to  assist  in 
cases  of  deserted  and  unprotected  children  and  of  bastardy.     St.  1885, 158. 

Sect.  9.  The  classes  of  inmates  who  may  be  removed  are  specified.  St. 
1887,  367. 


1238  Changes  ix  the  [Chap.  80. 


Chapter  80.— Of  the  Preservation  of  the  Public  Health. 

The  board  of  health  may  make  investigations  as  to  arsenic  in  articles 
offered  for  sale,  and  may  require  samples  to  be  furnished  them.  St.  1891, 
374,  §§  2,  3. 

Sect.  3.  Vacancies  in  boards  of  health  in  towns,  where  no  provision  is 
made  by  special  statute,  shall  be  filled  by  the  selectmen  and  board  of 
health  acting  jointly.     St.  1885,  307. 

Sect.  12.  Any  town  may  authorize  its  board  of  health  to  make  and 
enforce  regulations  with  reference  to  house  drainage  and  its  connection 
with  public  sewers.  Whoever  violates  such  regulations  forfeits  $100. 
St.  188D,  108. 

The  board  of  health  may  require  every  building  on  a  public  or  private 
street,  con  it  or  passageway  in  which  there  is  a  public  sewer  to  be  connected 
with  it.     St.  1800,  132. 

Sect.  21-23.  Privy  vaults  can  be  established  where  there  is  a  sewer 
only  by  written  permission  from  the  board  of  health,  and  they  may  forbid 
the  continuance  of  any  such  vault.     St.  1890,  74. 

Sect.  28.  Boards  of  health  cannot  abate  such  nuisances  without  a 
previous  appropriation  by  the  city  or  town,  if  the  expense  will  exceed  two 
thousand  dollars.     St.  1887,  338,  §  1. 

Sects.  28,  30.  Any  person  entitled  to  notice  may  appeal  to  the  superior 
court,  and  pending  the  appeal  all  proceedings  by  the  board  are  stayed. 
St.  1887,  338,  §  2. 

Sect.  32.  Persons  aggrieved  by  such  assessments  are  given  a  right  to 
a  trial  by  jury.     St.  1887,  338,  §  3. 

Sect.  60.  Persons  boarding  an  illegitimate  child  under  one  year  old  must 
give  notice  to  the  overseers  of  the  poor.  The  parent  or  parents  must,  when 
required,  give  satisfactory  security  for  the  maintenance  of  such  child,  and 
make  true  answers  to  all  questions  as  to  its  residence,  parentage  and  place 
of  settlement.     St.  1882,  270,  §  3. 

Boarding-houses  for  infants  under  five  years  of  age  must  be  licensed, 
visited  and  inspected.     St.  1889,  416. 

Sect.  78.  The  provisions  as  to  notice  of  dangerous  diseases  and  dis- 
infection are  revised.     St.  1890,  102. 

Sect.  79.  The  local  board  of  health  must,  within  twenty-four  hours, 
notify  the  state  board  of  cases  of  small-pox,  or  it  forfeits  the  claim  of  the 
town  to  reimbursement.     St.  1883,  138. 

Sects.  78,  79.  Householders  and  physicians  must  also  report  cases  of 
diphtheria  and  scarlet-fever,  and  records  of  such  reports  shall  be  kept  on 
blanks  furnished  b}'  the  state.  Rooms  and  articles  are  to  be  disinfected  to 
the  approval  of  the  board  of  health.     St.  1884,  98. 

Report  of  physician  must  be  in  writing  over  his  own  signature.  St. 
1891,188. 

Sect.  88.  The  appellant  from  an  order  as  to  offensive  trades  must 
apply  for  a  jury  to  the  court  in  tlie  county  where  the  premises  are  ;  not,  as 
now,  where  the  order  is  made.     St.  1883,  133. 

The  appeal  shall  be  to  the  superior  court  to  be  tried  by  a  jury  at  its  bar. 
If  a  person  fails  to  appeal  within  the  time  allowed  he  can  have  leave  to 


Chap.  80.]  PUBLIO    STATUTES.  1239 

enter  his  appeal  within  thirty  days,  provided  he  has  in  the  mean  time  con- 
formed to  the  order.     St.  1889,  193,  §  1. 

Sect.  89.  Pending  the  appeal,  the  board  may  authorize  the  continuance 
of  such  trade,  and  then  proceedings  by  the  board  are  suspended.  St.  1889, 
193,  §  1. 

Sect.  90.  The  verdict  may  be  enforced  by  injunction  or  other  order  in 
equity.     St.  1889,  183,  §  2. 

Sect.  91.  If  the  appellant  has  been  authorized  to  continue  his  trade, 
he  shall  not  recover  damages.     St.  1889,  193,  §  1. 

Sect.  96.  Bathing  in  ponds  used  for  the  domestic  water  supply  of  cities 
or  towns  is  forbidden.     St.  1884,  172. 

The  supreme  judicial  or  superior  court  may,  upon  the  application  of  a 
city  or  town,  enjoin  violations  of  this  section.     St.  1884,  154,  §  1. 

Sects.  98,  99,  100,  giving  the  state  board  supervision  of  sources  of 
water  supply,  and  power  to  make  orders  concerning  them,  are  repealed. 
St.  1884,  154,  §  2. 

Sect.  96  et  seq.  The  state  board  of  health  is  given  oversight  of  all  in- 
land waters.  It  shall  make  examinations  and  experiments  and  recommend 
measures  to  prevent  pollution,  and  advise  towns  and  cities  as  to  water  sup- 
plies, drainage  and  sewerage.  Towns  and  cities  must  consult  the  board. 
Petitions  to  the  legislature  must  be  accompanied  by  its  recommendation. 
It  must  enforce  the  law,  and  report  cases  requiring  further  legislation. 
St.  1888,  375. 

Further  provision  is  made  to  prevent  the  pollution  of  sources  of  water 
supply.     St.  1890,  441. 

Sect.  96-105.  A  town  or  city  may  contract  with  any  other  town  or 
city  to  contribute  for  sewers  to  protect  its  water  supply.     St.  1888,  160. 

The  state  board  of  health  may,  on  complaint  after  hearing,  forbid  the 
sale  of  impure  ice.     St.  1886,  287. 

Sects.   103,  104,  105,  requiring  returns,  repealed.     St.  1891,  120. 

Chapter  81.  — Of  the  Promotion  of  Anatomical  Science. 

Sect.  1.  Permits  to  be  given  by  overseers  of  the  poor  of  a  city  or  town, 
trustees  and  superintendent  of  state  almshouse  or  state  farm,  and  com- 
missioners of  public  institutions  in  Boston  ;  not  by  mayor  and  aldermen. 
St.  1891,  185,  406. 

Sect.  3.     Repealed.     St.  1891,  185. 

Sect.  4.     Friends  to  have  three  days  to  ask  for  burial.     St.  1891 ,  185,  §  2. 

Chapter  82.  — Of  Cemeteries  and  Burials. 

Towns  may  put  their  burial-grounds  in  the  hands  of  commissioners 
whose  terms  of  office  and  powers  are  fixed.  Towns  may  also  receive  gifts 
and  bequests  for  the  cemeteries  or  cemetery  lots.     St.  1890,  264. 

Corporations  for  the  cremation  of  the  dead  are  authorized  and  cremation 
is  regulated.     St.  1885,  265. 

Sect.  3.  The  present  section  is  repealed  and  a  new  section  is  enacted 
which  more  fully  defines  the  rights  of  the  widow  and  children  to  the  posses- 
sion, care  and  control  of  the  burial  lot.     St.  1885,  302. 


1240  Changes  in  the  [Chap.  82. 

Sect.  6.  Conveyances  of  burial  lots  recorded  by  the  corporation  owning 
the  cemetery  require  no  other  record.     St.  1883,  142.  * 

Cemetery  corporations  must  keep  records  of  all  conveyances  of  burial 
lots  and  contracts  in  relation  thereto.  Such  records  have  the  same  effect 
as  if  made  in  the  registry  of  deeds.     St.  1889,  299. 

Sect.  17.  Towns  and  cities  may  receive  funds  for  the  care  and  improve- 
ment of  public  or  private  burial  places,  and  of  lots  therein.     St.  1884, 186. 

Sect.  19.  Boards  of  health  may  close  any  tomb,  burial-ground,  ceme- 
tery or  other  place  of  burial.     St.  1885,  278,  §  1. 

Sect.  24.  To  sustain  an  appeal  the  jury  must  also  find  that  the  closing 
was  not  necessary  for  the  protection  of  the  public  health.  St.  1885, 
278,  §  2. 

Sect.  25-28.      These  sections  are  repealed.     St.  1885,  278,  §  3. 

Chapter  84. —  Of  the  Support  of  Paupers  by  Cities  and  Towns. 

Sect.  2.  No  insane  person,  where  the  insanity  has  continued  less  than 
six  months,  can  be  detained  in  an  almshouse  or  elsewhere  by  the  overseers 
of  the  poor  without  I'emedial  treatment.     St.  1886,  319,  §  3. 

False  representations  to  overseers  of  the  poor,  or  to  the  state  board  of 
lunacy  and  charity,  or  its  agents,  for  the  purpose  of  causing  any  person  to 
be  supported  as  a  pauper  are  punished.     St.  1891,  343. 

Sect.  3.  If  the  overseers  of  the  poor  in  any  city,  except  Boston,  fail  for 
two  months  to  place  any  pauper  child  in  a  family,  the  state  board  of  lunacy 
and  charity  may  do  it.     St.  1887,  401. 

Sect.  6.  Not  only  the  kindred  of  the  pauper  but  the  pauper  himself  is 
liable  for  expenses  incurred  for  him.     St.  18s2,  113. 

Sect.  17.  The  overseers  also  bury  unclaimed  or  unidentified  bodies 
upon  which  inquests  have  been  held.     St.  1887,  310,  §  3. 

The  sums  which  may  be  paid  for  the  burial  of  paupers  are  increased 
from  $10  to  $15  and  from  $5  to  $10.     St.  1890,  71. 

Sect.  18.  Period  for  which  aid  may  be  furnished  increased  to  eight 
weeks  between  November  1  and  May  1.     St.  1891,  90,  §  1. 

Sect.  20.  Towns  and  cities  may  contract  with  hospitals  to  receive  and 
temporarily  care  for  the  unfortunate  and  sick.     St.  1890,  119. 

Sect.  21.  Destitute  and  deserted  children  may  be  placed  in  St.  Mary's 
infant  asylum,  as  well  as  in  the  Massachusetts  infant  asylum.  St.  1883, 
232. 

Sect.  29.  Removal  by  overseers  to  be  made  within  one  month  after 
notice.     St.  1891,  90,  §  2. 

Chapter  85.— Of  the  Maintenance  of  Bastard  Children. 

Sect.  1.  The  complaint  may  be  made  to  and  the  warrant  be  issued  by 
the  clerk  of  the  courts  named,  as  well  as  by  the  courts  themselves. 
St.  1885,  289. 

Sect.  6.  Accused  may  be  committed  until  bond  be  given.  Bond  may 
be  approved  by  the  justice  or  clerk  of  the  court,  or  trial  justice,  requiring 
it,  or  by  a  bail  commissioner  or  master  in  chancery.     St.  1891,  367. 


Chap.  86.]  PUBLTC    STATUTES.  1241 


Chapter  86.— Of  Alien  Passengers  and  State  Paupers. 

Sect.  13.  The  present  board  is  abolished  and  a  new  one  for  both  the 
almshouse  and  workhouse  is  established  and  regulated.  It  may  transfer 
inmates.     St.  1884,  297;  amended  by  St.  1891,  299. 

Sects.  16,  19.  The  same  person  may  be  superintendent  and  resident 
physician.     St.  1883,  278. 

Sect.  21.  Certificate  to  be  given  by  one  of  the  overseers  of  the  poor, 
or,  in  Boston,  commissioners  of  public  institutions,  or  some  one  duly 
authorized  by  them.     St.  1891,  84. 

Sect.  22.  The  removal  of  a  sick  pauper  to  the  state  almshouse  is  for- 
bidden until  the  certificate  of  a  physician  is  procured  that  he  can  be  removed 
without  injury  or  danger  to  his  health.     St.  1887,  440. 

Sect.  25.  The  notice  in  case  of  persons  too  sick  to  be  removed  must  be 
signed  by  the  overseers  of  the  poor,  or  some  person  appointed  b}^  them,  and 
they  must  certify  to  the  facts  after  personal  examination.     St.  1885,  211. 

Sect.  26.  The  bills  must  be  endorsed  with  a  distinct  declaration  that 
the  amount  charged  for  has  been  paid  from  the  town  or  city  treasury.  St. 
1885,  211. 

Commonwealth  only  to  repay  expense  for  five  days  next  before  notice, 
and  expense  after  notice  until  removal,  and  not  to  exceed  five  dollars  a 
week  for  hospital  aid.     St.  1891,  153. 

Sect.  28  is  repealed,  and  provision  is  made  that  idiots  may  be  sent  to  the 
school  for  the  feeble-minded.  The  trustees  there  may  receive  them  or  send 
them  home,  or  to  the  state  almshouse,  or  to  the  place  of  their  settlement. 
St.  1883,  239,  §§  5,  6,  7. 

Sect.  31.  The  expense  is  to  be  paid  only  when  written  notice  has  been 
given  to  the  state  board  within  sixty  days  from  the  time  when  the  aid  was 
first  given.     St.  1885,  211. 

Sect.  37.  Persons  not  sentenced,  inmates  who  abscond  or  escape  and 
within  one  year  are  found  soliciting  public  charity,  are  punished.  Pro- 
vision is  made  for  complaints  against  them  and  as  to  what  courts  shall  have 
jurisdiction.     St.  1884,  258. 

Sect.  39.  The  state  board  of  lunacy  and  charity  may  transfer  any 
pauper  lunatic  to  insane  asylum  at  the  state  almshouse.     St.  1888,  69. 

Sect.  44.  St.  Mary's  infant  asylum  must  also  notify  the  state  board  of 
the  reception  of  infants  having  no  known  settlement.     St.  1883,  232,  §  2. 

Sect.  46.  Children  who  are  state  paupers  may  be  placed  by  the  state 
board  in  private  families  until  three  years  old  instead  of  two.  St.  1882, 
181,  §  1. 

Section  46,  as  amended,  applies  to  St.  Mary's  infant  asylum,  but  indi- 
gent and  neglected  infants  without  settlement  are  to  be  committed  to  the 
state  board  of  health,  which  shall  provide  for  them  as  they  judge  best  for 
each  child.     St.  1883,  232,  §  3. 

The  hospital  cottages  at  Baldwinville  are  aided  ;  and  provision  made  for 
appointment  of  trustees,  and  placing  children  there.  Sts.  1887,  441  ; 
1889,  230  ;   1890,  354. 


1242  Changes  in  the  [Chap.  87. 


Chapter  87.  —  Of  Lunacy  and  Institutions  for  Lunatics. 

Persons  subject  to  dipsomania  or  habitual  drunkenness,  but  not  otherwise 
of  bad  character  or  repute,  may  be  committed  to  the  state  lunatic  hospitals 
until  recovery,  or  until  their  confinement  is  no  longer  necessary  for  the 
safety  of  the  public  or  their  own  welfare.     St.  1885,  339. 

A  hospital  for  dipsomaniacs  and  inebriates  is  established.  St.  1889, 
414;  for  males  only.  St.  1891,  158.  It  shall  have  accommodations  for 
two  hundred  patients.     St.  1890,  251. 

Sect.  2.  Provision  shall  be  made  at  the  state  hospitals  and  asylums 
for  the  insane  for  fire-escapes  and  apparatus.  Provision  must  be  made  for 
a  monthly  inspection  and  trial  of  the  apparatus  and  a  proper  organization 
and  drill  of  the  officers  and  employees.     St.  1890,  378. 

A  new  hospital  is  established  at  Westborough,  under  homa3opathic  treat- 
ment.    St.  1884,  322. 

Sect.  70.  A  grant  is  made  to  the  Massachusetts  homoeopathic  hospital 
in  consideration  that  five  members  of  the  board  of  trustees  shall  be  ap- 
pointed by  the  governor.     St.  1890,  358. 

Sect.  2-10.  Land  may  be  purchased  and  plans  made  for  a  hospital  for 
the  chronic  insane  in  eastern  INIassachusetts.     St.  1890,  445. 

Sect.  4.  The  number  of  the  trustees  of  the  state  lunatic  hospitals  is 
seven,  five  men  and  two  women.     St.  1884,  149. 

Sect.  7.  An  educated  female  physician  is  to  be  appointed  for  each  state 
lunatic  hospital.     St.  1884,  116. 

Sect.  9.  The  annual  meeting  of  the  trustees  and  the  report  to  the  gov- 
ernor and  council  are  to  be  after  the  first  day  of  October  and  before  the 
first  day  of  November.     St.  1887,  170. 

Sect.  11  et  seq.  Commitments  to  the  hospitals  for  the  insane  are  here- 
after to  be  from  districts  defined  for  each  hospital,  subject  to  modification 
by  the  state  board  of  lunacy  and  charity.     St.  1887,  346. 

Sects.  11,  12.  Further  provisions  are  made  for  the  commitment  of  insane, 
as  to  the  form  of  the  order  of  commitment  and  the  custody  of  insane  persons 
who  are  discharged  uncured.     St.  1886.  319. 

Sect.  21.  The  fees  as  witnesses  of  salaried  officers  are  regulated.  Sts. 
1890,  440;  1891,  325,  392. 

Sect.  24-46.  Provision  is  made  for  asylums  for  the  chronic  insane  in 
cities  of  over  50,000  inhabitants.  State  board  ma}'  transfer  patients.  St. 
1884,  234. 

Sect.  25.  The  state  board  are  to  apply  for  the  commitment  to  a 
hospital  of  any  insane  person  deprived  of  proper  treatment.     St.  1890,  414. 

Sect.  34.  The  support  of  insane  persons  sentenced  to  the  state  prison, 
or  accused  of  felony  and  committed  by  order  of  court,  is  paid  by  the  state. 
Sts.  1883,  148;  1889,  90. 

Sect.  37.  The  punishment  of  persons  leaving  the  almshouse  and  beg- 
ging is  increased.     St.  1884,  258,  §  1. 

Sect.  38-45.  Insane  persons  of  the  chronic  and  quiet  class  may  be 
placed  at  board  in  families.  Provision  made  for  visits  to  them  and  for 
removal  to  hospitals,  if  not  properly  treated  and  cared  for.     St.  1885,  385. 

Sect.  40.     The  trustees  of  the  state  hospitals  and  of  the  Massachusetts 


Chap.  87.]  PUBLIO   STATUTES.  1243 

general  hospital  may  coufer  ou  their  superintendents  power  to  discharge 
patients  after  notice  to  the  person  who  signed  the  petition  for  commitment. 
The  superintendents  may  allow  any  inmate  to  be  taken  away  by  his  friends 
for  a  period  of  not  over  sixty  days.     St.  1883,  78. 

Sect.  46  et  seq.  No  person  whose  insanity  has  continued  for  less  than 
twelve  months  can  be  detained  in  an  almshouse  or  other  place  by  tlie 
overseers  of  the  poor  without  remedial  treatment,  but  must  have  the  oppor- 
tunity of  treatment  at  a  hospital  or  asylum.     St.  1886,  319,  §  3. 

Spxt.  47  et  seq.  Notice  of  the  admission  or  discharge  of  any  insane 
person  in  the  care  of  the  overseers  of  the  poor  must  be  given  to  the  state 
board.     St.  1890,  414. 

Sects.  47,  48,  49  are  repealed  and  the  asylum  at  Ipswich  is  discon- 
tinued.    St.  1887,  207. 

Sect.  55  et  seq.  The  name  is  changed  to  the  Massachusetts  school  for 
the  feeble-minded  and  changes  are  made  in  the  regulations.    St.  1883,  239. 

The  school  is  regulated  and  the  laws  relating  to  it  are  revised.  St. 
1886,  298. 

$25,000  allowed  to  the  school.     St.  1887,  123. 

Chapter  88.  — Of  the  State  Workhouse. 

The  name  is  changed  to  the  state  farm  at  Bridgewater.     St.   1887,  264. 

Sect.  1.  The  present  board  is  abolished  and  a  new  board  for  both  the 
almshouse  and  workhouse  is  established  and  regulated.  It  may  transfer 
inmates.     St.  1884,  297;  amended  by  St.  1891,  299. 

Sect.  6.  The  commissioners  of  prisons  may  remove  prisoners  from  the 
Massachusetts  reformatory  to  the  state  farm  for  the  remainder  of  their 
sentences,  and  the  board  of  lunacy  and  charity  have  the  same  authority  over 
such  prisoners  which  the  commissioners  would  have  had.     St.   1887,  292. 

Sect.  8.  Persons  not  sentenced  who  escape  and  are  within  one  year 
found  soliciting  charity  are  punished.  Special  provision  is  made  for  their 
prosecution.     St.  1884,  258. 

Prisoners  may  be  removed  from  the  state  prison  to  the  state  farm,  and 
be  returned  to  the  state  prison.     St.  1890,  180. 

Persons  confined  at  the  state  farm  may  be  removed  to  any  house  of 
correction  and  be  returned  to  the  state  farm.     St.  1890,  278. 

Chapter  89.  — Of  the    State   Primary  and   Reform   Schools    and  the 
Visitation  and  Refoi'mation  of  Juvenile  Offenders. 

Sect.  2.  Provision  is  made  for  the  care  and  maintenance  of  pauper 
children  between  the  ages  of  three  and  sixteen  at  the  state  primary  school, 
when  they  have  no  settlement.     St.  1882,  181,  §  2. 

Sect.  8  et  seq.  The  state  reform  school  is  hereafter  to  be  known  as  the 
Lyman  school  for  boys.     St.  1884,  323,  §§  1,  2. 

The  trustees  are  authorized  to  purchase  more  land  and  erect  buildings. 
St.  1885,  151. 

Sect.  15.  Girls  committed  by  the  United  States  courts  are  to  be  con- 
fined in  the  state  industrial  school  for  girls.     St.  1887,  426. 


124:i  Changes  in  the  [Chap.  89. 

Sect.  18.  Before  a  warrant  can  issue  for  the  arrest  of  any  child  under 
twelve  a  summons  to  bim  must  issue.     St.  1882,  127. 

Sects.  18,  23,  24.  No  boy  shall  be  committed  to  the  Lyman  school  for 
boj's  if  over  fifteen.  If  error  is  made  in  his  age,  the  sentence  may  be 
revised.     St.  1884,  323,  §  3. 

Sect.  20.  Notice  to  the  board  of  lunacy  and  charity  to  be  given  only 
when  the  judge  would  send  the  child  to  a  public  institution  or  to  the  custody 
of  that  board,  and  notice  to  the  mayor  or  selectmen  is  no  longer  required. 
St.  1883,  110. 

Sect.  21.  A  child  under  twelve  years  of  age  must  be  committed,  in 
default  of  bail,  to  the  custody  of  the  state  board  of  lunacy  and  charity, 
except  in  cases  of  offences  punishable  by  imprisonment  for  life,  or  for 
truancy.     St.  1882,  127. 

Sect.  23.  No  boy  over  fifteen  years  of  age  can  be  sent  to  the  reform 
school  at  Westborough.     St.  1884,  255,  §  11. 

Sect.  26-29.  No  child  under  twelve  j-ears  of  age  can  be  punished  by 
confinement  in  a  jail,  house  of  correction,  the  house  of  industry  in  Boston, 
or  at  the  state  workhouse,  except  for  crimes  punishable  by  imprisonment 
for  life,  or  for  truancy.     St.  1882,  127. 

Sect.  33.  No  witness  fees  or  other  charge  payable  to  a  city  or  town  are  to 
be  taxed  for  any  officer  who  has  a  fixed  compensation,  except  his  expenses  to 
a  place  other  than  his  residence,  or  for  the  use  of  a  team.     St.  1889,  469. 

Sect.  45.  Boys  also  may  be  discharged  for  mental  incapacity  or  bodily 
infirmity.     St.  1889,  123. 

Sects.  49,  51  are  repealed.  St.  1888,  248,  §  2,  amending  St.  1882, 
183,  §  3. 

Chapter  90.  — Of  Contagious   Diseases    among    Cattle,    Horses    and 
other  Domestic  Animals. 

A  new  board  of  cattle  commissioners  is  provided  for.     St.  1885,  378. 

This  chapter  is  revised.     St.  1887,  252. 

The  governor  is  authorized  to  accept  the  rules  prepared  by  the  commis- 
sioner of  agriculture  for  the  suppression  of  pleuro-pneumonia  and  other  con- 
tagious diseases,  and  to  co-operate  in  their  enforcement.     St.  1887,  250. 

Sect.  90.  The  cattle  commissioners  are  to  investigate  the  disease  among 
cattle  known  as  abortion.     St.  1884,  232. 


Chapter  91.  — Of  Inland  Fisheries  and  Kelp. 

The  provision  for  leasing  great  ponds  is  repealed.     St.  1885,  109. 

The  commissioners  are  authorized  to  lease  Tisbury  great  pond.  St. 
1889,  354. 

Land  may  be  flowed  for  the  purpose  of  fish  culture.     St.  1889,  383. 

The  commissioners  ma}'  forbid  the  discharge  of  sawdust  from  a  mill  into 
a  brook,  if  it  injures  the  fish.     St.  1890,  129. 

A  penalty  is  imposed  on  persons  taking  without  the  owner's  consent  fish 
or  lobsters  caught  in  nets,  etc.,  or  wilfully  interfering  with  such  nets,  etc. 
St.  1882,  53. 


Chap.  91.]  PuBLIC   STATUTES.  1245 

Fishing  is  regulated  in  various  places  as  follows  :  Edgartown  and  Cot- 
tage City.  Sts.  1884,  245  ;  1886,  234.  Brandt  island,  in  Mattapoisett. 
St.  1884,  214,  §  2.  Mashpee  and  Barnstable.  St.  1884,  264.  Matta- 
poisett. St.  1887,  197.  Dukes  county.  St.  1884,  245.  Herring  river, 
Bourne.  St.  1891,164.  Westport.  Sts.  1887,  193;  1891,137.  Plum 
island  bay.  St.  1887,  105.  North  river  in  the  county  of  Plymouth.  Sts. 
1884,  199  ;  1890,  336.  Buzzard's  bay.  Sts.  1886,  192 ;  1887,  197. 
Welltleet  bay.     St.  1891,  135. 

The  town  of  Randolph  may  regulate  the  taking  of  alewives,  shad  and 
smelts  in  certain  streams,  and  the  commissioners  on  iuland  fisheries  are 
given  authority  over  the  streams.     St.  1889,  78. 

Pickerel  may  not  be  taken  in  any  other  manner  than  by  an  artificially  or 
naturally  baited  hook  and  hand  line.     St.  1888,  331. 

A  bounty  is  given  for  the  destruction  of  seals.     St.  1888,  287. 

Sect.  10-24.  With  certain  exceptions  uets  may  not  be  used  in  ponds. 
St.  1884,  318. 

Sect.  16.  District  attorneys,  on  the  application  of  the  mayor  or  select- 
men or  of  ten  citizens,  shall  institute  proceedings  against  lessees  who  fail 
to  comply  with  the  terms  of  their  leases.     St.  1886,  248. 

Sect.  17.  The  commissioners  cannot  occupy  ponds  which  have  been 
forfeited  by  the  lessees.     St.  1886,  248. 

Sect.  31.  The  rights  of  the  riparian  proprietors  in  unnavigable  tidal 
streams,  in  which  fishes  are  cultivated  or  maintained,  are  extended.  St. 
1890,  231. 

Sect.  36.  Nets  or  seines  may  be  used  in  the  Merrimack  river,  below 
the  Essex-Merrimack  bridge,  after  June  20,  with  seine  of  2.i^-inch  mesh. 
Sts.  1882,  166;  1884,  318. 

The  commissioners  may  issue  licenses  to  take  the  protected  fish  in  the 
tidal  waters  of  the  Merrimack  river  and  its  tributaries,  but  shall  charge  no 
fee  therefor.     St.  1883,  121. 

Sect.  36-39.  Shiners,  for  bait,  maybe  caught  with  seines  in  the  Mer- 
rimack river,  in  November  and  December,  except  near  fishways,  other  fish 
being  returned  to  the  water.     St.  1883,  31. 

Sect.  41.  North  river,  in  Plymouth  county,  is  excepted  from  this 
section.     St.  1884,  199. 

Sect.  51-53.  The  close  time  for  trout,  landlocked  salmon  and  lake 
trout  shall  begin  on  the  first  day  of  September.     St.  1884,  171. 

In  Berkshire,  Franklin  and  Hampden  the  close  time  is  from  the  first  day 
of  August  to  the  first  day  of  April.     Sts.  1890,  193  ;  1891,  138. 

Sect.  55.     Shad  are  protected  in  Mill  river  in  Essex.     St.  1888,  126. 

Sect.  57.  Smelts  in  the  waters  of  the  tributaries  of  Plum  islam  bay 
are  protected.     Sts.  1887,  105  ;  1890,  30. 

Sect.  59.     Nantucket  county  added.     St.  1891,  128. 

Sect.  QS.  The  taking  of  eels  and  shell-fish  may  be  prohibited  as  well 
as  regulated.     St.  1889,  391. 

Sects.  68,  69.  The  planting,  cultivating  and  digging  of  clams  in 
Gloucester  is  authorized  under  the  direction  of  the  mayor  and  aldermen. 
St.  1889,  64. 

Sect.  70.  The  fish  weirs  mentioned  in  this  section  are  not  atTected  by 
Sts.  1886,  192;  1890,  229.     St.  1891,  327. 


1246  Changes  in  the  [Chap.  91. 

Sects.  73,  74,  75.  The  owners  of  ti'aps  or  other  contrivances  for  catch- 
ing lobsters  must  make  returns.  The}'  must  also  mark  their  names  and 
residences  thereon.     St.  1889,  109. 

Sects.  81,  82,  which  regulate  the  catching  of  lobsters,  are  amended  by 
reducing  the  time  from  "  June  20  to  September  20,"  to  the  month  of  July, 
and  changing  "  lobster"  to  "  female  lobster  bearing  eggs."     St.  1882,  98. 

Sect.  81  ei  seq.  Further  provision  is  made  for  the  protection  of  female 
lobsters.  The  commissioners  may  occupy  not  exceeding  six  small  estua- 
ries for  the  purpose  of  investigating  the  habits,  propagation  and  distribu- 
tion of  lobsters.     St.  1889,  109. 

Sect.  84.  The  possession  of  a  lobster  under  legal  size  is  punished, 
the  words  "  with  intent  to  sell"  being  stricken  out.  Mutilation  affecting 
the  length  is  prima  facie  evidence  that  the  lobster  is  under  the  legal  size. 
The  commissioners  of  inland  fisheries,  with  the  assistance  of  the  district 
police,  have  power  to  enforce  the  law.     St.  1884,  212. 

Whoever  severs  the  tail  from  the  body  of  a  lobster  before  the  lobster  is 
cooked  is  punished.  St.  1890,  293.  Or  has  such  severed  tail  in  his  pos- 
session.    St.  1891,  122. 

The  fish  commissioners,  either  personally  or  by  deputy,  and  the  district 
police,  detailed  for  that  purpose,  may  search  suspected  places  for,  seize 
and  remove  lobsters  taken,  held,  or  offered  for  sale  illegally.  St.  1885, 
256. 

The  mode  of  measuring  lobsters  is  changed.     St.  1887,  314. 

Sects.  81,  82,  84.  One-half  of  the  fine  is  paid  to  the  complainant  and 
one-half  to  the  county.     St.  1887,  314. 

St.  1887,  96,  §  1,  does  not  apply  to  scallops  taken  for  bait  in  the 
waters  adjacent  to  Nantucket.     St.  1888,  238. 

The  taking  of  scallops  in  the  head  waters  of  Buzzard's  bay  is  regulated. 
St.  1888,  223. 

The  planting  of  clams  is  regulated,  in  "Winthrop.  St.  1888,  202  ;  in 
Essex.     St.  1888,  198. 

Sect.  97-101.  Oyster  licenses  may  be  granted  for  any  waters  where 
there  are  no  natural  oyster  beds.  Such  licenses  are  limited  to  10  years. 
St.  1884,  284. 

The  granting  of  licenses  to  plant,  grow  and  dig  oysters  is  regulated,  and 
their  revocation  is  provided  for.     St.  1885,  220,  §§1,2. 

Interference  with  licensed  oyster  beds  is  punished.     St.  1885,  220,  §  5. 

Licenses  can  be  held  only  by  inhabitants  of  the  town  and  are  only  assign- 
able with  the  consent  of  the  authoiities.     St.  1886,  299,  §  1. 

Sect.  100.  The  hours  are  extended  to  an  hour  after  sunset  and  before 
sunrise.     St.  1886,  299,  §  2. 

Sect.  97  e<  seq.  The  forfeiture  under  section  100  is  extended  to  all  vio- 
lations of  the  law.     St.  1886,  299,  §  3. 

Oyster  fisheries  in  AVestport  river  are  regulated.     St.  1887,  119. 

Sect.  102.  The  taking  of  scallops  is  regulated.  Sts.  1887,  96  ;  1888, 
223,  238. 

Constables  may  be  designated  to  enforce  the  laws  relating  to  shell  fish- 
eries, with  authority  to  arrest  without  warrant,  and  seize  vessels  and  imple- 
ments, which  shall  be  forfeited.     St.  1885,  220,  §  6. 


Chap.  91.]  PuBLIC    STATUTES.  124:7 

Sect.  104.  All  moieties  of  fines  and  forfeitures  which  may  accrue  to 
deputies  appointed  by  the  commissioners  shall  be  paid  into  the  treasury  of 
the  Commonwealth.     St.  1890,  390. 

Chapter  92.  —  Of  the  Pi'eservation  of   Certain  Birds  and.  Other 

Animals. 

The  owner  of  land  may  post  notices  forbidding  shooting  and  trapping, 
and  it  shall  then  be  unlawful  to  enter  it  for  those  purposes.  Game  arti- 
ficially propagated  on  laud  where  shooting  or  trapping  is  forbidden  belongs 
to  the  land-owner.     St.  1884,  308. 

Any  person  who  introduces  into  Dukes  county  and  liberates  there  a  fox 
or  raccoon  shall  be  punished.  The  county  commissioners  may  offer  a 
reward  for  their  destruction.     St.  1890,  237. 

Sect.  2.  Killing  pinnated  grouse  at  any  time  forbidden,  and  close  time 
for  woodcock,  ruffed  grouse,  quail,  wood  or  summer  duck,  black  duck  or 
teal  or  any  of  the  so-called  duck  species  fixed.     St.  1891,  142. 

The  shooting  of  black  duck  in  Plymouth  harbor  or  bay  is  regulated. 
St.  1888,  269. 

Sect.  6.  Provision  is  made  for  the  extermination  of  the  English  spar- 
row.    St.  1890,  443. 

Sect.  7.  The  trapping  or  snaring  of  ruffed  grouse,  hares  or  rabbits,  is 
regulated.     St.  1887,  300. 

Constructing  or  setting  any  trap,  snare  or  net,  shall  be  evidence  of  intent 
to  take  aud  kill  game  contrary  to  law.     St.  1891,  254. 

Sect.  8.  The  time  during  which  deer  may  be  taken  is  further  limited, 
aud  the  penalty  is  modified.     St.  1882,  199,  §  1. 

The  killing  of  deer,  except  tame  deer  on  the  owner's  grounds,  is  forbid- 
den in  Plymouth  and  Barnstable  counties.     St.  1883,  169. 

Sect.  10  is  amended,  so  that  the  possession  of  a  deer,  except  in  Novem- 
ber, is  pi'i'ina  facie  evidence  of  a  violation  of  the  law.     St.  1882,  199,  §  2. 

Shooting  wild  fowl  from  boats  in  the  waters  in  aud  around  Nantucket  is 
forbidden.     St.  1886,  246. 

Chapter  92  is  repealed  and  a  substitute  is  passed.     St.  1886,  276. 

Chapter  94. —  Of  Timber  Afloat  or  Cast  on  Shore. 

The  Connecticut  River  Lumber  Company  is  authorized  to  construct  a 
boom  in  the  river.     St.  1882,  274. 

Sect.  5  limited  to  the  river  below  the  entrance  of  the  Chicopee  river,  and 
amended.     St.  1883,  183. 

The  county  commissioners  of  Franklin,  Hampden  and  Hampshire,  within 
their  respective  counties,  may  regulate  the  floating  of  timber  on  the  Con- 
necticut river  above  the  Chicopee  river  and  require  persons  doing  it  to 
protect  dams,  bridges  and  boats.     St.  1883,  183,  §  2. 

Chapter  97.  —  Of  Wrecks  and  Shipwrecked  Goods. 

Provision  is  made  for  the  removal  of  wrecks  and  unauthorized  structures 
in  the  navigable  waters  of  the  Commonwealth.     St.  1883,  260. 
This  chapter  is  revised.     St.  1887,  98. 


124:8  Changes  in  the  [Chap.  98. 


Chapter  98.  —  Of  the  Observance  of  the  Lord's  Day. 

The  provisions  relating  to  the  observance  of  the  Lord's  day  shall  not  be 
a  defence  to  actions  for  torts  or  injuries  suffered  by  a  person  on  that  day. 
St.  1884,  37. 

Sect.  1.  Words  "  or  upon  the  evening  of  the  Lord's  day  "  stricken  out. 
St.l887,  391,  §  1. 

Sect.  2.  Sundry  exceptions  from  the  prohibition  of  this  section.  St. 
1887,  391,  §  2. 

Sect.  3,  which  forbids  travelling,  is  repealed.     St.  1887,  391,  §  4. 

Sect.  13.  The  railroad  commissioners  may  license  other  than  through 
trains  and  also  steamboat  lines.     St.  1887,  391,  §  3. 

Chapter  99.  — Of  Gaming. 

In  case  of  wagering  contracts  in  securities  or  commodities  any  paj^ment 
made  or  the  value  of  anything  delivered  may  be  recovered  back.  The  fact 
that  the  seller  did  not  own  the  securities  or  commodities  or  that  a  settle- 
ment has  been  made  without  an  actual  delivery,  shall  be  prima  facie 
evidence  that  it  was  a  wagering  contract.  The  principal  and  agent  in  the 
contract  are  jointly  liable.     St.  1890,  437. 

Provision  is  made  for  the  removal  of  certain  obstructions  in  gambling 
resorts.     St.  1887,  448. 

Sect.  8  is  revised  and  extended.     St.  1885,  342. 

Sect.  10.  The  penalty  is  extended  to  those  present  ata  gambling  house 
as  well  as  to  those  playing.     St.  1883,  120. 

The  provisions  against  common  gaming  houses  are  revised  and  extended . 
St.  1887,  448,  §  2. 

Chapter  100.  —  Of  Intoxicating  Liquors. 

Sect.  1.  The  sale  to  any  child  under  sixteen,  of  candy,  or  other 
article,  inclosing  liquid  or  syrup  containing  more  than  one  per  cent,  of 
alcohol  is  forbidden.     St.  1891,  333. 

No  case  for  the  violation  of  the  liquor  laws  shall  be  disposed  of  except 
by  trial  and  judgment  unless  the  presiding  judge,  on  affidavits,  orders  it. 
St.  1885,  359. 

No  holder  of  a  license  for  the  sale  of  intoxicating  liquor  to  be  drunk  on 
the  premises  shall  employ  any  person  under  the  age  of  eighteen  years  to 
serve  such  liquor.     St.  1890,  446. 

Legislation  intended  to  prevent  the  sale  of  liquor  in  clubs.     St.  1890,  439. 

The  mayor  or  selectmen  may  prohibit  the  sale  of  liquor  in  cases  of  riot 
or  great  public  excitement.     Si.  1887,  365. 

Sects.  2,  3,  5,  8,  10.  The  sale  of  intoxicating  liquor  by  retail  druggists 
and  apothecaries  is  regulated.     St.  1887,  431. 

Sect.  5.  Licenses  of  the  first  three  classes  cannot  be  granted  for  the 
sale  of  liquors  in  any  building  or  place  within  four  hundred  feet  of  a  public 
school.     St.  1882,  220. 

Applications  may  be  received,  investigated  and  acted  upon  in  INIarch  or 
April  and  granted  in  April.     St.  1883,  93. 


Chap.   100.]  PuBLIO   STATUTES.  1249 

Licenses  may  be  transferred  from  one  place  to  another  by  leave  of  tlie 
licensing  board,  under  restrictions.     St.  1889,  344. 

The  number  of  places  which  may  be  licensed  for  the  sale  of  intoxicating 
liquor  is  limited.     St.  1888,  340. 

In  Boston  licenses  are  to  be  signed  by  the  police  commissioners.  St. 
1885,  83. 

Sect.  6.  The  publication  of  the  notice  of  application  for  licenses  in 
Charlestowu,  East  Boston,  South  Boston,  Roxbury,  West  Roxbury,  Dor- 
chester and  Brighton  districts,  must  be  in  one  weekly  paper  in  the  district 
as  well  as  in  the  daily  papers  in  Boston.     St.  1882,  222. 

Applications  may  be  advertised  in  March  or  April.     St.  1883,  93. 

Sect.  7.  The  objection  may  be  made  by  any  person  owning  real  estate 
■within  twenty-five  feet  of  the  premises.     St.  1887,  323. 

Sect.  9.  Common  victuallers  must  close  between  twelve  and  five  in  the 
morning.     St.  1882,  242. 

CI.  5.  Prohibition  against  keeping  a  public  bar  stricken  out,  and  a  pro- 
vision inserted  against  selling  liquor  at  a  table  in  a  bar  room.     St.  1891,  369. 

The  sale  of  intoxicating  liquor  is  forbidden  after  eleven  o'clock  instead 
of  twelve.     St.  1885,  90. 

The  fourth  condition  of  the  license  is  extended  to  forbid  sales  or  deliv- 
eries to  persons  known  to  have  been  supported,  in  whole  or  in  part,  by 
public  charity  within  twelve  months  before  the  date  of  the  license.  St. 
1884,  158. 

No  common  victualler  or  innkeeper  having  a  license  to  sell  intoxicating 
liquors  may  sell,  give  away  or  deliver  such  liquors  on  the  day  of  any 
national,  municipal  or  annual  town  election  in  his  town  or  city.  St.  1885, 
216. 

Nor  on  Fast  day.  Memorial  day.  Thanksgiving  day,  Christmas  day  or 
the  twenty-sixth  day  of  December  when  Christmas  falls  on  Sunday.  St. 
1888,254.     Nor  labor  day.     St.  1889,  347. 

In  case  of  special  elections  liquors  may  be  sold  in  wards  in  which  no 
election  is  held.     St.  1889,  186. 

Sect.  10.  No  license  of  the  first  five  classes  shall  be  granted  to  be  exercised 
in  a  dwelling-house,  or  store  having  an  interior  connection  with  a  dwelling 
or  tenement,  and  such  connection  makes  a  license  void.     St.   1888,  139. 

A  condition  is  added  to  licenses  of  the  first,  second  and  third  classes  for- 
bidding the  sale  or  gift  of  liquor  on  election  days.     St.  1888,  262. 

The  condition  against  selling  liquor  on  election  days  is  extended  to 
licenses  of  the  fourth  and  fifth  class,  except  those  of  wholesale  druggists. 
St.  1889,  361. 

No  license  of  the  sixth  class  shall  be  granted  to  any  person  who  is  not 
a  registered  pharmacist  actively  engaged  in  business  on  his  own  account. 
St.  1889,  270. 

Sect.  11.  The  minimum  fees  for  liquor  licenses  are  increased.  St. 
1888,  341. 

Sect.  12.  Screen  must  not  prevent  a  view  "  of  the  interior  of  said 
premises,"  and  such  screen  or  obstruction  makes  the  license  void.  St. 
1882,  259. 

Sect.  13.  Each  surety  offered  on  the  bond  must  make  affidavit  that 
he  is  worth  82,000  above  all  liabilities,  and  shall  designate  property  suffi- 


1250  Changes  in  the  [Chap.  lOO. 

cient  to  meet  the  bond.  This  affidavit  is  filed  with  the  boud.  St.  1882, 
259. 

The  form  of  boud  is  changed  by  substituting  the  words  "  incurred  by- 
violation  of  such  provisions  of  law,"  for  the  words  "  which  may  be  re- 
covered from  him  under  and  pursuant  to  such  provisions  of  law."  St.  1888, 
283. 

Sect.  16.  A  conviction  for  a  violation  of  any  of  the  provisions  of  this 
chapter  and  the  acts  in  amendment  of  it,  of  itself  makes  the  license  void. 
St.  1887,  392. 

Sect.  18.  Common  victuallers  who  keep  open  during  the  forbidden 
hours  come  within  the  fines  and  forfeitures  of  this  section.     St.  1882,  242. 

This  section  is  revised.  The  punishment  shall  be  both  fine  and  impris- 
onment. Persons  holding  licenses  of  the  sixth  class  do  not  forfeit  them 
by  violating  their  provisions.  The  provision  requiring  the  mayor  and 
aldermen  of  cities  and  the  selectmen  of  towns  to  prosecute  violations  of 
this  section  is  omitted.     St.  1889,  114. 

St.  1889,  114,  applies  to  pending  cases  or  offences  committed  before  its 
passage.     St.  1889,  268. 

Sect.  24.  Sales  to  minors  are  forbidden.  The  action  is  limited  to  two 
years.     St.  1889,  390. 

Sect.  25.  This  section,  which  forbids  sales  after  notice,  applies  to  sales 
by  druggists  and  apothecaries  except  on  prescriptions  of  physicians.  The 
mayor  of  a  city  or  any  one  of  the  selectmen  of  a  town  may  give  the  notice, 
and  then  sue  in  his  own  name,  but  for  the  benefit  of  husband,  wife,  child, 
parent  or  guardian  of  the  person.     St.  1885,  282. 

Sect.  26.  Signs,  placards  and  advertisements,  except  in  drug  stores, 
announcing  the  keeping  of  intoxicating  liquor,  and  tFnited  States  tax 
receipts  as  a  dealer  in  liquors  other  than  malt  liquors,  shall  be  prima  facie 
evidence  that  such  liquors  are  there  kept  for  sale.     St.  1887,  414. 

Sect.  27.  Beverages  containing  more  than  one  percent,  of  alcohol  shall 
be  deemed  intoxicating.     St.  1888,  219. 

Sect.  29.  The  assayer  of  liquors  is  required  to  analyze  liquors  sent  to 
him  by  officers,  and  the  forms  of  application  and  certificate  are  given. 
Tampering  with  the  samples  is  punished.  His  certificate  is  evidence.  The 
court  may  order  analysis  by  other  chemists.     St.  1882,  221. 

The  salary  of  the  inspector  and  assayer  of  liquors  is  $1,200,  payable 
monthly.     Sts.  1885,  224;  1887,  232. 

Sect.  30.  A  search  warrant  for  liquor  may  be  issued  by  a  justice  of  the 
peace  authorized  to  issue  warrants  in  criminal  cases.     St.  1884,  191. 

Sects.  30,  33.  All  implements  of  sale  and  furniture  used  or  kept  and 
provided  to  be  used  in  the  illegal  keeping  or  sale  of  the  liquor  are  to 
be  seized.     Sts.  1887,  406  ;  1888,  297. 

Sect.  38  is  amended  to  provide  for  the  mode  of  transportation  of  the 
liquor,  a  receipt  for  the  same  and  the  fees.     St.  1887,  53. 

Implements  of  sale  and  furniture  may  be  destroyed  or  sold  as  the  court 
may  order  by  any  officer  qualified  to  serve  criminal  process,  he  making 
return.     St.  1888,  297. 

Sect.  40.  Ten  dollars  and  the  fees  allowed  by  law  for  analysis  are 
added  to  the  costs  now  allowed  in  cei'tain  cases.     St.  1888,  277. 

Sect.  45.     Clubs  may  be  licensed  to  sell  liquors.     St.  1887,  206. 


Chap.   101.]  PuBLIC   STATUTES.  1251 


Chapter  101.  —  Of  the  Suppression  of  Common  Nuisances. 

Sect.  6.  Common  nuisances  under  this  section  may  be  enjoined  in 
equity  on  information  by  tlie  district  attorney,  or  on  a  petition  by  not  less 
than  ten  legal  voters.     St.  1887,  380. 

Placards,  signs  and  advertisements  and  United  States  tax  receipts  are 
prima  facie  evidence.     St.  1887,  414. 

Chapter  102.  —  Of  Licenses  and.  Municipal  Regulations  of  Police. 

Cities,  except  Boston,  and  towns  may  provide  for  the  registration  and 
licensing  of  plumbers,  and  regulate  the  materials,  construction  and  inspec- 
tion of  their  work,  and  for  the  approval  of  plans  therefor  by  the  board 
of  health.     St.  1888,  105. 

Sect.  4.  Licenses  of  innholders  and  common  vituallers  shall  expire 
on  the  thirtieth  day  of  April,  but  may  be  granted  in  April  to  take  effect  on 
the  first  day  of  May  ensuing.     St.  1890,  73. 

Sect.  12.    The  liability  of  innholders  is  still  further  limited.    St.  1885,  358. 

Sect.  13.  Any  person  who  fraudulently  procures  entertainment  at  a 
boarding-house  is  punished.  A  copy  of  this  section  must  be  posted  up. 
St.  1883,  187. 

The  maximum  fine  for  fraudulently  procuring  entertainment  at  an  inn  is 
reduced  from  one  hundred  to  fifty  dollars.     St.  1884,  IGU. 

Sect.  33.  Articles  of  personal  apparel  shall  not  be  deemed  to  be  of  a 
perishable  nature  for  purposes  of  sale  by  pawnbrokers.     St.  1884,  324. 

Sect.  33-36.  Persons  engaged  in  the  business  of  loaning  money,  or  its 
equivalent,  in  sums  of  less  than  one  hundred  dollars,  on  househlod  goods, 
wearing  apparel  or  articles  of  personal  use  or  ornament,  or  on  pledges  or 
mortgages  of  such  property,  it  being  delivered  to  them,  are  subject  to 
these  sections.     St.  1885,  252. 

Sect.  34  is  not  repealed  or  affected  by  St.  1888,  388  ;  and  that  act  shall 
not  be  construed  to  apply  to  liceused  pawnbrokers.     St..  1890,  41G,  §  6. 

Sect.  34-37.  Loans  and  pledges  with  household  goods,  wearing  apparel 
or  articles  of  personal  use  or  ornament  as  collateral  are  regulated.  St. 
1890,  416. 

Sect.  35  is  amended  so  that  any  district  police  officer  may  also  enter  and 
examine  pawnshops.     St.  1888,  243. 

Sect.  39.  More  than  four  horses  cannot  be  kept  without  a  license.  St. 
1890,  230,  395. 

In  cities  license  to  be  given  by  board  of  health.     St.  1891,  220,  §  1. 

Sects.  38,  39.  No  livery  stable  to  be  within  two  hundred  feet  of  a 
church  without  consent  of  the  society  worshipping  therein.  St.  1891, 
220,  §  2. 

Sect.  54.  Cities  and  towns  may  regulate  the  sale  or  use  of  toy  pistols, 
toy  cannon,  and  all  articles  in  which  explosives  are  used.     St.  1882,  272. 

Fire-arms  or  dangerous  weapons  may  not  be  sold  or  furnished  to  minors 
under  fifteen  years  of  age.     St.  1884,  76. 

Sect.  56.  Any  one  storing  or  keeping  for  sale  gunpowder  over  one 
pound  in  amount,  must  at  once  give  notice  to  the  chief  engineer,  or,  in 


1252  ChAXGES  in   the  [Chap.  102. 

Boston,  to  the  board  of  fire  commissioners,  of  the  amount  and  place  in  the 
building.     St.  1882,  269. 

Sect.  75.  Towns  and  cities  may  regulate  the  inspection  of  kerosene 
and  petroleum.     St.  1885,  122,  §  1. 

Sect.  80.  A  dog  which  becomes  three  months  old  after  the  thirtieth  day 
of  April  must  be  licensed.     St.  1885,  292. 

Sects.  80,  81,  82,  87.  Special  licenses  for  the  keeping  of  dogs  for 
breeding  purposes  may  be  granted.     St.  1887,  307. 

The  license  for  a  spayed  female  dog  is  two  dollars.     St.  1890,  72. 

The   keeping   of    bloodhounds   and   other  like  dogs  is  forbidden.     St. 

1886,  340. 

Sect.  84.  The  board  of  police  for  the  city  of  Boston,  and  not  the  chief 
of  police,  shall  issue  dog  licenses  and  receive  the   money  therefor.     St. 

1887,  135. 

City  and  town  clerks  must  give  a  bond  to  account  for  money  received 
for  dog  licenses.     St.  1888,  320. 

The  clerks  must  pay  over  the  money  received  from  dog  licenses  on  the 
first  days  of  Juue  and  December,  instead  of  the  first  day  of  December. 
St.  1886,  259. 

Sect.  86.  In  case  of  a  transfer  of  a  dog  license,  it  must  be  recorded 
again  if  the  dog  is  kept  in  the  city  or  town  thirty  days.     St.  1884,  185. 

Sect.  98.  The  law  relative  to  damages  done  by  dogs  to  sheep,  lambs, 
fowls  or  other  domestic  animals  is  revised.     St.  1889,  454. 

Sect.  115-127.  Provision  is  made  for  licensing  skating  rinks.  Per- 
sons Iveeping  unlicensed  rinks  are  punished.  Officers  may  enter  such  rinks 
to  enforce  the  laws.     St.  1885,  196. 

Children  under  the  age  of  thirteen  years  may  not  be  admitted  to  any 
licensed  show  or  place  of  amusement  unless  accompanied  by  some  person 
above  the  age  of  twenty-one  years.     St.  1887,  446. 

Sects.  116,  117,  118,  119.  Municipal,  district  and  police  courts  are 
given  concurrent  jurisdiction  with  the  superior  court  of  offences  under 
these  sections.     St.  1887,  293. 

Sect.  124.  The  fee  for  licenses  of  pawnbrokers,  etc.,  is  made  payable 
to  the  board  issuing  the  license,  instead  of  to  the  clerk,  and  the  minimum 
fees  are  fixed.     St.  1882,  258. 

Sects.  124,  126,  127.  Groves  used  for  picnics  and  other  amusements 
must  be  licensed  in  towns  or  cities  which  accept  this  act.     St.  1885,  309. 

Hawking,  peddling,  vending  provisions  and  refreshments,  gaming,  horse 
racing,  or  the  exhibition  of  plays  or  shows  within  one-half  mile  of  picnics 
and  other  lawful  gatherings  in  licensed  groves  is  forbidden.  St.  1887, 
445. 

Chapter  103.  — Of  the  District  and  Other  Police. 

The  district  police  is  divided  into  an  inspection  department  and  a  detec- 
tive department.     St.  1888,  113. 

Sect.  1.  The  number  of  the  district  police  is  increased  to  thirty-three 
of  whom  twenty  are  in  the  inspection  department.  Sts.  1885,  131  ;  1887, 
256  ;  1888,  389,  426,  §  13.  Two  additional  inspectors  provided  for.  St. 
1891,  357,  §  6. 


Chap.   103.]  PuBLIC   STATUTES.  1253 

The  chief  of  the  district  police  may  appoint  two  clerks  at  $1,500  and 
$800.     St.  1890,  137. 

Candidates  for  the  district  police  need  not  be  examined  by,  or  under 
the  direction  of,  a  justice  of  the  superior  court.     St.  1885,  186. 

Sect.  5.  The  salary  of  members  of  the  district  police  is  $1,500  ;  the 
chief,  $2,000.     St.  1887,  127. 

Sect.  9.     Two  female  inspectors  provided  for.     St.  1891,  302. 

Sect.  10.  It  is  made  the  duty  of  the  inspectors  of  buildings  to  enforce 
sections  16,  17,  18  of  chapter  104  of  the  Public  Statutes,  as  well  as  sections 
13-15  and  19-22,  except  where  there  are  special  officers  for  the  purpose. 
If  they  neglect  their  duty,  they  are  to  be  discharged.  These  sections  relate 
to  fire-escapes.     St.  1882,  266,  §§  4,  5,  6. 

Sect.  10.  The  duties  of  the  inspectors  are  extended  to  include  the 
enforcement  of  the  laws  regarding  the  employment  of  children,  young  per- 
sons and  women  in  factories  or  workshops,  and  the  ventilation  and  sanitary 
provisions  in  factories  and  workshops.     St.  1887,  218. 

Sect.  15.  Railroad  police  shall  be  sworn  and  hold  office  until  their 
appointment  is  revoked  by  the  mayor  and  aldermen  or  selectmen.  St. 
1883,  65. 

Chapter  104.  —  Of  the  Inspection  of  Buildings. 

An  appeal  is  given  from  the  orders  of  the  inspection  department  of  the 
district  police.     St.  1890,  438. 

The  height  of  buildings  in  cities  restricted.     St.  1891,  355. 

Sect.  4-12.  Any  member  of  the  inspection  department  of  the  district 
police  may,  when  called  upon  by  the  authorities,  inspect  buildings  alleged 
to  be  unsafe,  and  order  them  removed  or  made  safe.     St.  1888,  399. 

Sect.  6.  Where  there  is  no  city  engineer,  or  chief  engineer,  the  mayor 
and  aldermen  or  the  selectmen  may  appoint  some  person  in  their  place. 
St.  1888,  399,  §  3. 

A  cop3'  of  the  plans  and  such  portion  of  the  specifications  as  he  may 
require  of  any  building  designed  for  certain  public  purposes,  as  factories 
or  mercantile  establishments,  hotels,  lodging  or  tenement  houses,  above  a 
certain  size,  shall  be  submitted  to  the  inspector  of  factories.  He  may 
require  proper  provisions  against  fire.  His  certificate,  with  the  endorse- 
ment of  the  chief  of  the  district  police,  shall  be  conclusive  evidence  that 
this  act  has  been  complied  with.     St.  1888,  316. 

Such  buildings  shall  have  sufficient  ways  of  egress  and  other  means  of 
escape  from  fire.  The  position  of  hot  pipes  is  regulated  and  wooden  flues 
and  air  ducts  are  forbidden.  The  erection  of  a  building  in  violation  of 
this  act  may  be  enjoined.     St.  1888,  316. 

Sect.  12.  The  superior  court  to  have  coucurrent  jurisdiction  in  these 
cases  with  the  supreme  judicial  court.     St.  1891,  293. 

Sect.  13-24.  The  inspectors  may  require  in  a  manufacturing  establish- 
ment run  by  steam  that  communication  or  appliances  to  controfthe  motive 
power  shall  be  provided  between  each  room  and  the  engineer's  room.  Sts. 
1886,  178;  1890,  179. 

Sect.  14  is  extended  to  mercantile  and  public  buildings.  Safety  appli- 
ances to  the  elevators  are  required.     St.  1882,  208. 


1254  Changes  in  the  [Chap.  io4. 

Inspectors  of  buildings  may  forbid  the  use  of  unsafe  elevators,  and 
may  post  a  notice  to  that  effect,  which  must  not  be  removed.  St.  1883, 
173. 

The  employment  of  custodians  of  elevators  is  regulated.     St.  1890,  90. 

Sect.  15-20.  These  sections  are  repealed.  The  provisions  as  to  pre- 
cautions against  fires,  fire-escapes  and  the  egress  from  buildings  in  case  of 
fire  are  revised  and  extended.     St.  1888,  426. 

Sect.  15-18.  Hotels,  lodging-houses  or  boarding-houses  above  a  fixed 
size  must  have  watchmen,  lights  in  the  halls,  gongs  and  notices  describing 
the  means  of  escape.  The  municipal  authorities  may  require  further  pre- 
cautions.    Sts.  1883,  251  ;  1884,  223,  §  2. 

Certain  approved  appliances  are  allowed  in  the  place  of  one  watchman. 
St.  1884,  223,  §  1. 

A  knotted  rope  or  other  better  appliance  for  use  as  a  fire-escape  must  be 
placed  in  every  lodging-room  in  hotels  above  the  ground  floor.  St.  1890, 
307. 

The  inspector  of  buildings  in  Boston  may  allow  any  family  hotel  in  said 
city  to  dispense  with  a  private  watchman.     St.  1888,  86. 

Sect.  14-22.  The  authority  of  the  inspectors  to  enforce  sections  14  to 
22  does  not  extend  to  Boston.     St.  1887,  276. 

Sect.  15  applies  to  manufacturing  establishments  as  well  as  to  facto- 
ries ;  and  cities  may  make  it  apply  to  all  buildings  three  stories  or  more  in 
height.     St.  1882,  266,  §  1. 

Sect.  19.  No  inside  or  outside  door  of  any  building  where  operatives 
are  employed  shall  be  fastened  during  working  hours,  and  the  inspectors 
of  factories  must  enforce  this  laAV.     St.  1884,  52. 

Sect.  20.  Every  tenement  or  lodging-house  three  or  more  stories  in 
height  must  have  a  fire-escape  approved  by  the  inspectors.  St.  1882, 
266,  §  2. 

Theatres  must  have  approved  fire-resisting  curtains.     St.  1888,  426,  §  1. 

Sect.  22.  The  penalty  is  changed  from  a  forfeiture  to  a  fine  and  made 
to  coyer  sections  13  to  21  inclusive,  instead  of  13,  14,  15,  19,  20,  21.  The 
person  to  whom  notice  of  required  changes  must  be  given  is  defined.  St. 
1882,  266,  §  3. 

The  inspectors  of  factories  must  call  the  attention  of  the  board  of  health 
to  an}'  nuisances  about  factories  and  workshops,  and  the  board  of  health 
must  enforce  the  law  against  them.     St.  1887,  103. 

Public  buildings  and  school-houses  must  be  provided  with  proper  sanitary 
provisions  and  ventilation.     St.  1888,  149. 

Appeal  from  order  of  inspector  under  St.  1888,  149,  provided  for.  St. 
1891,  261. 

Sect.  23.  The  authority  of  inspectors  under  section  13  to  enforce  pro- 
visions of  sections  14-22  does  not  extend  to  Boston.     St.  1887,  276. 

Sect.  24  is  made  to  apply  to  sections  16  to  21.     St.  1882,  266,  §  5. 

Cliapter  105.  —  Of  Certain  Powers,  Duties  and  Liabilities  of  Corpo- 
rations. 

Foreign  corporations,  except  insurance  companies  doing  business  here, 
must  appoint  the  commissioner  agent  to  receive  service  in  suits,  and  must 
make  return  of  their  charters  and  capital.     St.  1884,  330. 


Chap.   105.]  PuBLIC   STATUTES.  1255 

Corporations  mentioned  in  St.  1882,  106,  §  1,  upon  filing  the  copy  and 
statement  required  by  St.  1  884,  330,  are  relieved  from  making  the  returns 
and  certificates  as  to  their  condition  and  capital  stock  required  by  St.  1882, 
106,  §§  1,  2.     St.  1886,  230. 

Foreign  corporations,  with  certain  exceptions,  shall  make  annual  return 
to  secretary  of  the  Commonwealth  of  amount  of  capital,  amount  paid  up 
and  assets  and  liabilities,  and,  within  thirty  days  thereafter,  of  any  increase 
or  reduction  of  capital  stock.     St.  181)1,  341. 

No  corporation  shall  assume  the  name  of  another  corporation  doing 
business  in  the  Commonwealth  within  three  3'ears,  nor  one  so  similar  as  to 
be  liable  to  be  mistaken  for  it,  without  the  written  consent  of  such  other 
corporation.     St.  1891,  2o7. 

Issuing  obligations  to  be  redeemed  in  numerical  or  arbitrar}'^  order  of 
precedence  is  punished,  and  corporations  so  doing  forfeit  their  franchise 
and  right  to  do  business.     St.  1891,  382. 

Manufacturing  corporations  established  under  the  laws  of  other  states 
which  have  complied  with  St.  1884,  330,  may  purchase  and  hold  such  real 
estate  in  this  Commonwealth  as  may  be  necessary  for  conducting  their 
business.     St.  1888,  321. 

Safe  deposit,  loan  and  trust  companies,  are  made  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  this  chapter.     St.  1888,  413. 

Sects.  14,  15  are  repealed.  The  supreme  judicial  court  may  remove 
any  officer  for  violations  of  section  14.     St.  1889,  222. 

Sect.  24.     No  record  is  necessary  to  the  transfer  of  stock.    St.  1884,229. 

Sect.  42.  The  clause  limiting  the  time  within  which  a  receiver  of  a 
corporation  may  be  appointed  is  stricken  out.     St.  1884,  203. 

Change  of  names  of  certain  kinds  of  corporations  provided  for.  St. 
1891,  360. 

Chapter  106.  — Of  Manufacturing  and  Other  Corporations. 

Corporations  created  under  this  chapter  may  issue  special  stock  to  be 
held  by  their  employees  only.     St.  1886,  209. 

They  may  appropriate  not  over  $5,000,  or  $500  annually,  for  the  sup- 
port of  free  beds  in  hospitals  for  the  use  of  their  employees,  St.  1889, 
258. 

Sect.  2.  Abstract  shall  include  changes  in  names  of  corporations.  St. 
1891,  360. 

Sects.  3,  4,  51.  Any  corporation  governed  by  these  sections  may  alter 
its  business  under  section  51,     St.  1885,  310. 

Sect.  10.  Ten  or  more  persons  may  form  a  corporation  to  examine  and 
guarantee  the  titles  of  real  estate.  Regulations  for  the  business  are  estab- 
lished.    Sts.  1884,  180;   1887,  214,  §§  62,  63. 

The  formation  of  corporations  for  the  purpose  of  cremating  the  bodies 
of  the  dead  is  authorized  and  such  cremation  is  regulated.     St.  1885,  265. 

Sect.  11  extended  to  hydrostatic  pressure  for  mechanical  power.  St, 
1891,  189, 

Sects.  11,  52,  75  extended  to  corporations  for  the  making,  selling 
and  distributing  gas  for  heating,  cooking,  chemical  and  mechanical  pur- 


1256  Changes  in  the  [Chap.  io6. 

poses.  The  gas  need  not  be  inspected  under  chapter  61,  §§  13,  14.  It 
must  not  be  used  for  domestic  purposes  unless  connected  with  a  chimney 
or  flue.     St.  1885,  240. 

Sect.  13.  Buildings  for  manufacturing  and  mechanical  purposes  as 
well  as  hotels  and  public  halls  are  included  in  this  section.     St.  1888,  116. 

Sect.  17.  Method  of  changing  the  name  of  corporations  subject  to  pro- 
visions of  chapters  106-110,  112-119  of  the  Public  Statutes  provided.  St. 
1891,  360. 

Sect.  27.  The  clause  as  to  proxy  casting  more  than  fifty  votes  is 
repealed.     St.  1888,  188. 

Sects.  51,  52.  Gas  companies  may  be  authorized  to  furnish  electric 
light  and  power.     St.  1887,  385. 

Sects.  54,55,  59,  81,  82,  84.  Every  corporation  chartered  since  Feb. 
23,  1880,  or  organized  under  the  general  laws  for  the  purpose  of  busi- 
ness or  profit,  having  a  capital  stock  divided  into  shares,  except  banks, 
co-operative  banks,  savings  banks  and  institutions  for  savings,  insurance 
companies,  safe  deposit  and  trust  companies  and  the  collateral  loan  com- 
pany, shall  be  subject  to  these  sections  and  make  the  certificates  and 
returns  required  by  them.     St.  1887,  225. 

Sect.  54  et  seq.  At  the  request  of  any  stockholder  made  in  writing 
between  sixty  and  thirt}'  days  before  the  annual  meeting  the  corporation 
shall  file  a  list  of  its  stockholders  as  of  the  sixtieth  day  with  the  secretary 
of  the  Commonwealth.     St.  1889,  222,  §  3. 

Sect.  54.  The  certificates  of  conditions  shall  be  deemed  to  be  recorded 
by  the  act  of  filing.  They  are  to  be  preserved  in  book  form  convenient 
for  reference.     St.  1890,  199. 

Sect.  62-71  apply  to  safe  deposit,  loan,  and  trust  companies.  St. 
1888,  413,  §  14. 

Sect.  75,  Where  a  gas  company  exists  in  active  operation,  no  other 
company  or  person  shall  dig  up  and  open  the  streets,  lanes  and  highways 
for  the  purpose  of  laying  gas  pipes  therein  without  the  consent  of  the  mayor 
and  aldermen  or  selectmen  after  a  public  hearing.  An  appeal  lies  to  the 
gas  commissioners.     St.  1885,  314,  §§  10,  16. 

Sect.  75  et  seq.  The  issue  of  bonds  is  regulated.  No  gas  company  can 
transfer  its  franchise,  lease  its  works,  or  contract  with  others  to  carry  on  its 
business.     St.  1886,  346,  §§  3,  4. 

Chapter  109.  —  Of  Companies  for  the  Transmission  of  Intelligence 

by  Electricity. 

This  chapter,  except  sections  16  and  18,  shall  also  apply  to  lines  for 
electric  light.     St.  1883,  221. 

Provision  is  made  for  the  regulation  and  supervision  of  wires  over  streets 
or  buildings  in  cities.     St.  1890,  404. 

All  provisions  of  law  granting  authority  to  erect,  lay  and  maintain  and 
to  regulate  telegraph  and  telephone  lines  conveying  intelligence  by  elec- 
tricity applv  to  telephone  lines,  whether  operating  by  electricity  or  other- 
wise.    St.  1889,  434. 

Sect.  4.  Provision  is  made  for  damages  to  abutters  on  roads  used  for 
wires.     St.  1884,  306. 


Chap.   109.]  PuBLIC    STATUTES.  1257 

Sect.  10.  Telephoue  companies  must  furnish  telephones,  telephone  ser- 
vice and  connections  to  all  individuals  and  corporations  without  discrimi- 
nation.    Courts  of  equity  may  enforce  this  statute.     St.  1885,  267. 

Telegraph  companies  are  made  responsible  to  the  amount  of  one  hundred 
dollars  for  all  damages  caused  by  their  negligence  in  the  transmission  of 
messages,  but  this  does  not  apply  to  railroads  transacting  a  public  telegraph 
business  only  as  incidental  to  their  own  business.     St.   1885,  380. 

Sect.  15.  Wires  must  not  be  put  up  without  the  land-owner's  consent. 
The  name  of  the  owner  of  the  wire  must  be  put  on  the  post,  etc.  St.  1884, 
302. 

Tiie  issue  of  bonds  by  electric  light  companies  is  authorized  and  regu- 
lated.    St.  1890,  371. 

Chapter  112.  — Railroad  Corporations  and.  Railroads. 

Sect.  10.  The  salary  of  the  clerk  of  the  railroad  commissioners  is 
$2,500.  St.  1885,  119;  of  the  accountant  $2,500.  St.  1885,  1G4, 
These  salaries  are  to  be  paid  monthly.     St.  1885,  224:. 

Sects.  10,  12.  82,000  allowed  for  books,  maps  and  incidental  expenses. 
St.  1890,  200. 

Sect.  17.  The  commissioners  are  given  power  to  regulate  the  occupa- 
tion of  street  crossings,  and  to  direct  changes  in  tracks  for  that  purpose, 
and  the  supreme  court  may  enforce  their  orders.     St.  1885,  110. 

Sect.  26.  The  form  of  return  may  be  changed  to  conform  to  the 
requirements  of  the  interstate  commission  after  one  month's  notice.  The 
blanks  must  be  furnished  by  June  15.     St.  1889,  328,  §  2. 

Sect.  34.  An  organization,  under  the  general  law,  cannot  be  made 
unless  the  railroad  commissioners  grant  a  certificate  that  public  necessity 
and  convenience  require  the  construction  of  the  road.     St.  1882,  265,  §  1. 

Sect.  38.  No  steam  railroad  can  be  located  within  three  miles  of  the 
state  house  without  the  consent  of  the  railroad  commissioners  and  of  the 
mayor  and  aldermen  or  selectmen  of  the  city  or  town  in  which  a  location  is 
sought.     St.  1882,  2Qo,  §  4. 

Sect.  38  et  seq.  Railroad  corporations  may  change  their  locations  for 
the  purpose  of  improving  the  alignment  of  their  roads.     St.  1887,  430. 

Sect.  44.  The  proceedings  are  void  unless  the  certificate  of  incorpora- 
tion is  issued  Avithin  one  year  from  the  time  when  the  route  is  fixed.  St. 
1882,  265,  §  2. 

Sect.  54.  The  clause  forbidding  any  person  from  casting  more  than 
fifty  votes  as  proxy  unless  all  the  shares  so  represented  are  owned  by  one 
person,  is  repealed.     St.  1888,  188. 

Sect.  58-60.  Street  railways  using  the  cable  system  may  increase 
their  capital  under  these  sections.     St.  1886,  337,  §  3. 

Sect.  62.  The  stockholders  may  before  May  13,  1883,  ratify  any  notes 
or  bonds  not  approved  or  certified  as  required  in  this  section.     St.  1883,  7. 

The  time  within  which  railroad  bonds  must  be  payable  is  changed  to 
fifty  years.     St.  1887,  191. 

Sect.  62-73.  A  purchaser  under  a  valid  foreclosure  and  his  grantees 
and  successors  have  the  same  powers  and  duties  as  the  original  corporation. 
St.  1886,  142. 


125S  ChAXGES   IX   THE  [Chap.   112. 

Sect.  81.  The  accounts  are  to  be  closed  June  30,  and  the  report  trans- 
mitted before  the  first  Wednesday  of  September.     St.  1889,  328. 

Sect.  81  et  seq.  Every  railroad  corporation  operating  a  railroad  in  the 
state  must  make  quarterly  financial  statements,  in  such  detail  and  at  such 
times  as  the  commissioners  ma}'  require,  which  shall  be  open  to  public 
inspection.     St.  1889,  241. 

Sect.  91.  Land  outside  the  location  may  be  taken  for  the  construction 
of  one  or  more  tracks.  The  assent  of  the  city  or  town  is  required  where 
public  highways,  buildings,  parks  or  cemeteries  are  to  be  taken.  St.  1884, 
134. 

Sect.  94-112.  Provision  is  made  for  the  payment  of  damages,  if  the 
Meigs  s^'stem  of  elevated  railway  is  adopted.     St.  1890,  3G8. 

Sect.  11.5.  The  power  to  exempt  railroads  from  the  dut}'  to  fence  is 
transferred  to  the  railroad  commissioners.  Proceedings  to  revoke  such 
exemptions  are  regulated.     St.  1882,  162. 

Sect.  117-138.  Wood  which  obstructs  the  view  at  crossings  may  be 
cut.     St.  1889,  371.     Not  affected  by  St.  1891,  170. 

Sect.  127.  The  commissioners  are  given  power  to  regulate  the  occupa- 
tion of  street  crossings,  and  to  direct  changes  in  tracks  for  that  purpose, 
and  the  supreme  court  may  enforce  their  orders.     St.  1885,  110. 

Sect.  129-134.  The  betterment  act  is  extended  to  alterations  of  waj^s 
at  railroad  crossings.     St.  1884,  280. 

Provision  is  made  for  the  abolition  of  grade  crossings.  Sts.  1890,  428  ; 
1891,  33.  And  to  allow  damages  for  discontinuance  of  a  way.  St.  1891, 
123.  The  attorney-general,  on  instructions  from  the  governor  and  council, 
may  petition   for  alteration  of  grade  crossings.     St.  1891,  262. 

Sects.  129,  138.  Provision  made  for  appeals  from  the  decision  of  the 
county  commissioners  as  to  crossings  of  highways  and  railroads  and  as  to 
private  crossings.     St.  1882,  135. 

Appeal  subsequently  limited  to  pending  cases.     St.  1885,  194,  §  6. 

The  county  commissioners  may,  also,  on  the  petition  of  twenty  legal 
voters  of  the  county,  assume  jurisdiction  as  to  grade  crossings  of  railroads 
and  highways.  Notice  is  provided  for.  The  order  cannot  be  made  if  the 
expense  will  exceed  S3, 000.  Their  order  may  be  annulled  if  the  expense 
exceeds  S6,000.     St.  1885,  194,  §  1. 

In  Boston  the  railroad  commissioners  have  jurisdiction  under  this  section, 
either  on  petition  of  the  mayor  and  aldermen  or  of  the  directors  of  the  com- 
pany.    St.  1885,  194,  §  2. 

Sect.  130  amended  so  that  the  latter  part  shall  read,  ''and  all  dam- 
ages occasioned  by  such  taking  or  otherwise  shall  be  assessed."  St.  1885, 
194,  §  3. 

Sect.  131.  "  Or"  is  changed  to  "  and,"  and  the  commission  maj' direct 
which  party  shall  pay  the  expenses,  and  it  may  apportion  them  between  the 
railroad  and  the  town,  city  or  county  in  which  the  crossing  is,  and  other 
towns  and  cities  within  the  count}'  which  are  specially  interested.  St. 
1885,  194,  §  4,  amended  by  St.  1887,  295. 

Sect.   132.     The  hearing  need  not  be  in  term  time.     St.  1885,  194,  §  5. 

Sect.  139.  The  clause  forbidding  branches  within  eight  miles  of  the 
state  house  is  stricken  out.     St.  1884,  279. 


Chap.  112.]  PuBLIC   STATUTES.  1259 

St.  1882,  265,  applies  to  railroad  corporations  acting  under  this  section. 

Sect.  159.  Frogs,  switches  and  guard  rails  must  be  blocked  to  the 
approval  of  the  railroad  commissioners.     St.  1886,  120. 

Sect.  160.  Provision  is  made  for  the  examination  of  railroad  bridges. 
St.  1887,  334. 

Sect.  161.  Provision  is  made  for  interlocking  or  automatic  signals  at 
railroad  crossings,  and  for  the  expense  of  their  maintenance.  St.  1885, 
85.     And  at  crossings  above  level  of  highway.     St.  1891,  129. 

Sect.  163.  The  commissioners  may  forbid  or  regulate  locomotive  whistles 
at  highway'  crossings.     St.  1885,  334. 

May  recommend  changes  in  making  up  freight  trains  and  souudiug  of 
whistles.     St.  1891,  204. 

At  least  three  separate  and  distinct  blasts  of  the  whistle  are  required  at 
crossings.     St.  1890,  173. 

Sect.  166.  The  railroad  commissioners,  as  well  as  the  town  or  city 
authorities,  may  require  gates  or  flags  at  crossings.  St.  1883,  117.  Or 
electric  signals.     St.  1888,  240. 

Sect.  169.  The  commissioners  are  given  power  to  regulate  the  occupa- 
tion of  street  crossings  and  to  direct  changes  in  tracks  for  that  purpose,  and 
the  supreme  court  may  enforce  their  orders.     St.  1885,  110. 

Sect.   170.     Locomotive  boilers  must  be  tested.     St.  1882,  73. 

Safety  couplers  are  required  on  freight  cars.     St.  1884,  222. 

An  examination  and  test  of  safety  couplers  for  freight  cars  is  to  be  made 
every  two  years.     St.  1886,  242. 

Sect.  170.  Any  railroad  company  may  build  and  use  the  Meigs  system 
of  elevated  railway,  with  the  consent  of  the  cit}^  or  towns  where  the  tracks 
are  located.     St.  1890,  368. 

Sect.  171.  In  addition  to  the  tools  which  each  train  must  now  carry, 
each  car  of  every  passenger  train  must  have  two  sets  of  tools,  safeguards 
against  fire,  and  such  other  appliances  as  the  railroad  commissioners  may 
requii-e.     St.  1882,  54. 

Sect.  172.  The  heating  of  passenger  cars  on  railroads  is  regulated. 
Sts.  1887,  362;  1891,249. 

Sect.  179.  The  requirement  of  an  examination  for  color  blindness 
every  two  years  is  repealed.     St.  1883,  125. 

Sect.  180.  Railroads  may  establish  tolls  and  fares,  but  they  are  for- 
bidden to  give  undue  or  unreasonable  preferences.     St.  1882,  94,  225. 

Only  ten  cents  extra  can  be  charged  where  fare  is  paid  on  the  cars,  and 
a  check  must  be  given  redeemable  in  ten  days.     St.  1883,  32. 

Sect.  181-183.  Railroad  corporations  are  prohibited  from  requiring 
women  and  children  to  ride  in  smoking  cars.     St.  1888,  176. 

Sect.  204.  The  maximum  penalty  for  placing  obstructions  upon  rail- 
road tracks  is  increased  to  twenty  j-ears  in  the  state  prison.     St.  1890,  332. 

Sect.  205.  The  unlawful  use,  removal  or  tampering  with  the  tools 
required  to  be  carried  on  passenger  trains,  is  punished.     St.  1882,  54,  §  2. 

Sect.  207.  The  offence  of  interfering  with  electric  signals  is  enlarged  by 
omitting  the  word  "  electric."     St.  1884,  5. 

Sect.  212.  If  an  employee,  in  the  exercise  of  due  care,  is  killed  under 
such  circumstances  that  he  could  have  maintained  an  action  for  damages  if 


1260  Changes  in  the  [Chap.  112. 

death  had  not  resulted,  the  corporation  shall  be  liable  as  if  he  had  not  been 
an  employee.     St.  1883,  243. 

An  action  of  tort  instead  of  an  indictment  may  be  brought  against  street 
railway  corporations  for  loss  of  life.     St.  1886,  140. 

Sects.  223,  224.  When  their  consent  is  required,  the  commissioners 
may  limit  the  number  of  tracks  at  a  crossing  by  a  railway  for  private  use 
and  impose  such  other  conditions  as  they  deem  expedient.      St.  1890,  382. 

Chapter  113.  — Of  Street  Railway  Companies. 

Provision  made  for  a  commission  to  promote  rapid  transit  in  Boston  and 
its  suburbs.     St.  1891,  365. 

This  chapter  applies  to  roads  using  the  cable  system.     St.  1886,  337,  §  4. 

Sect.  13.  The  clause  providing  that  no  person  shall,  as  proxy  or  attor- 
ney, cast  more  than  fifty  votes  unless  all  the  shares  are  owned  by  one  per- 
son is  repealed.     St.  1889,  210. 

Sect.  13-18.  Street  railways  are  authorized  to  reduce  their  capital 
stock.     St.  1890,  326. 

Any  street  railway  with  the  consent  of  the  city  or  town  in  which  its 
tracks  are  located,  may  use  the  Meigs  sj'stem  of  elevated  railway.  Pro- 
vision is  made  for  the  payment  of  damages.     St.  1890,  368. 

Sect.  15.  The  provisions  as  to  increase  of  capital  stock  are  revised  and 
made  more  specific.     St.  1887,  366. 

Sect.  39.     They  may  be  allowed  to  use  the  cable  system.     St.  1886,  337. 

Sect.  27  et  seq.  They  may  not  permit  children  under  ten  to  enter 
their  cars  to  sell  newspapers  or  other  articles.     St.  1889,  229. 

The  requirement  of  fenders  under  St.  1890,  364,  is  repealed.  St.  1891, 
366. 

Street  railw-ay  companies  may  mortgage  their  roads  in  certain  cases,  and 
sections  63-70  of  chapter  112  apply.     St.  1889,  316. 

Sect.  43.  They  must  furnish  such  additional  accommodations  for 
travelling  public  as  the  railroad  commissioners  may  order.     St.   1891,  216. 

Sect.  48  et  seq.  The  authority  for  street  railwa}'  companies  to  run 
over  the  tracks  of  another  street  railway  must  be  approved  by  the  board 
of  railroad  commissioners  after  hearing.     St.  1888,  278. 

Sect.  63.  The  superior  court  to  have  concurrent  jurisdiction  with 
supreme  judicial  court  in  these  cases.     St.  1891,  293. 

Chapter  114.  —  Of  Agricultural  and  Horticultural  Societies. 

Sect.  1.  If  there  is  only  one  incorporated  society  in  the  county  it  shall 
receive  the  bounty  notwithstanding  there  is  another  within  twelve  miles  of 
it,  and  its  right  is  not  lost  by  the  subsequent  incorporation  of  a  new  society 
in  the  county.     St.  1890,  297. 

No  incorporated  agricultural  society,  which  has  or  may  receive  a  bounty 
from  the  State,  can  mortgage  or  sell  its  real  estate  except  by  a  two-thirds 
vote  and  with  the  approval  of  the  State  board  of  agriculture.  St.  1890, 
274. 

Sect.  2.  Society  claiming  bounty  shall  on  or  before  January  10,  in  each 
year,  file  certificate  of  sum  contributed  and  invested,  and  such  other  returns 
as  board  of  agriculture  may  require.     St.  1891,  124, 


Chap.   115.]  PuBLIC   STATUTES.  1261 


Chapter  115.  —  Of  Associations  for  Charitable,  Educational  and  Other 

Purposes. 

Provision  is  made  for  the  incorporation  of  labor  or  trade  organizations. 
St,  1888,  134. 

No  association  formed  for  medical  purposes  under  this  chapter  can  con- 
fer degrees,  and  officers  attempting  to  do  so  are  punished.     St.  1883,  268. 

Before  any  club  is  incorporated,  an  investigation  must  be  made,  and  if 
in  the  opinion  of  the  secretary  of  the  Commonwealth  the  probable  purpose 
is  to  cover  any  illegal  business,  he  may  refuse  to  issue  his  certificate. 
Whenever  any  person  connected  with  a  club  is  convicted  of  violating  the 
liquor  or  gaming  laws  upon  the  premises  occupied  by  the  club,  its  charter 
shall  be  declared  void.     St.  1890,  439. 

Sect.  2,  Relief  societies  may  be  formed  by  the  employees  of  railroad, 
street  railway  and  steamboat  companies.  They  are  subject  to  the  super- 
vision of  the  railroad  commissioners.     Sts.  1882,  244;  1890,  181. 

Railroad  corporations  may  join  these  relief  societies.  The  funds  of  such 
societies  are  not  attachable  by  trustee  process  or  otherwise.     St.  1886, 125. 

Sect.  3-5.  Corporations  for  life  and  casualty  insurance  on  the  assess- 
ment plan  may  be  formed.     St.  1885,  183,  §  2. 

Sect.  3.  Corporations  formed  under  this  chapter  may  increase  their 
capital  stock  to  an  amount  not  exceeding  $500,000.     St.  1888,  177. 

Sect.  3.     The  par  value  of  the  shares  may  be  ten  dollars.     St.  1890,  191. 

Sect.  8-12,  which  regulate  benefit  societies,  are  repealed.  St.  1888, 
429,  §  21. 

The  law  as  to  fraternal  beneficiary  organizations  is  revised.    St.  1888,  429. 

Sect.  8.  Such  corporations  may  accumulate  funds  to  assist  the  widows, 
orphans  or  other  relatives  of  deceased  members,  or  any  person  dependent 
on  them.  St.  1882,  195,  §  2.  May  return  to  members  contributing  to 
death  fund,  their  proportion  of  excess  of  amount  produced  bv  five  assess- 
ments.    St.  1891,  163. 

Sect.  11  is  amended  to  cover  societies  making  payments  for  disabilities, 
anrl  to  make  the  returns  more  definite.     St.  1882,  195,  §  3. 

No  such  society  can  reinsure  in  or  transfer  its  policies  to  any  society'  not 
authorized  to  do  business  here.     St.  1882,  195,  §  4. 

Chapter  116.  —  Of  Savings  Banks  and  Institutions  for  Savings. 

Receivers  at  the  end  of  one  year  from  their  final  settlement  must  deposit 
all  books  and  papers  with  the  commissioners.     St.  1882,  77. 

The  books  and  papers  of  insolvent  savings  banks  may  be  stored  in  the 
Commonwealth  building.     St.  1884,  72. 

Sects.  1,  2.  The  board  is  increased  to  three,  one  of  whom  is  chairman. 
The  salary  of  the  chairman  is  $3,500  and  of  the  other  members  $3,000. 
St.  1889,  321. 

Sect.  2.  The  salary  of  the  commissioners  of  savings  banks  is  $3,000; 
first  clerk,  $1,500;  second  clerk,  $1,500.  Sts.  1882,  148;  1886,  252; 
1889,  77. 

Sect.  3.     When  the  institution   is  connected  with  a  national  bank  the 


1262  ChAXGES   in    the  [Chap.   116. 

coinmissiouers  shall  if  possible  arrange  with  the  national  bank  examiner  to 
have  their  visits  simultaneous.     St.  1888,  51. 

Sect.  11.  Xo  person  or  corporation  may  carry  on  the  business  of  re- 
ceiving deposits  under  the  name  of  a  savings  bank  unless  incorporated  here. 
St.  1889,  4.52. 

Sect.  14.    Treasurers  must  give  new  bonds  every  five  years.     St.  1886,  93. 

It  is  made  the  duty  of  the  treasurer,  instead  of  the  trustees,  to  file  a  copy 
of  his  bond  and  to  give  notice  of  any  changes,  with  a  certificate  of  the 
custodian  of  the  bond  that  the  original  is  in  his  possession.     St.  1889,  180. 

Sect.  16.  Notice  of  special  meetings  must  be  given,  both  by  publica- 
tion and  by  mailing  notices.     St.  1884,  l.")0. 

Sect.  17.  If  a  member  fails  to  attend  two  consecutive  annual  meet- 
ings, his  membership  may  be  declared  forfeited.  St.  1888,  120  ;  amended 
by  St.  1890,  222. 

Sect.  18.  A  failure  both  to  attend  meetings  and  to  perform  his  duties 
makes  the  office  of  a  trustee  vacant.     St.  1888,  96. 

Savings  banks  shall  carry  on  their  usual  business  at  their  banking  houses 
onl}',  and  shall  not  receive  or  pay  deposits  at  any  other  place,  and  such 
banking  houses  shall  be  in  the  cit}^  or  town  where  such  corporation  is 
established,  but  annual  meetings  of  the  corporation  and  meetings  of  the 
trustees  may  be  held  at  other  places  in  such  city  or  town.  Sts.  1884,  253  ; 
1889,  91. 

Savings  banks  shall,  at  least  once  in  each  fiscal  year,  make  an  accurate 
trial  balance  of  depositors'  ledgers.     St.  1889,  88. 

Sect.  VJ  et  seq.  Deposits  made  by  order  of  the  court  after  five  years 
are  to  be  paid  into  the  state  treasury,  where  it  shall  remain  at  three  per 
cent,  interest  for  fifteen  years  more,  subject  to  claim  by  the  owner,  after 
which  it  becomes  the  property  of  the  state.     St.  1889,  449. 

The  limitation  as  to  amount  of  deposits  and  as  to  interest  does  not  apply 
to  deposits  by  order  of  the  probate  court.     St.  1889,  86,  449,  §  1. 

Sect.  20.  The  limit  of  authorized  investments  is  extended.  Sts.  1882, 
231;  1883,  134;  1885,  111,  124,  348;  1886,  176;  1887,  113,  423;  1888, 
53,  90,  301  ;  1890,  298,  369,  394. 

"Net  indebtedness"  is  to  be  computed,  excluding  water  loans  and 
crediting  sinking  funds.     St.  1883,  127. 

Sect.  20,  cl.  3,  is  revised  and  extended.     St.  1887,  196. 

Loans  wath  railroad  bonds  as  collateral  may  be  made  to  the  par  value  of 
such  bonds.     St.  1888,  213. 

Savings  banks  may  invest  in  first  mortgage  bonds  of  railroads  incorpo- 
rated and  in  part  located  in  New  England,  notwithstanding  the  road  is 
leased.     St.  1889,  305. 

Sect.  20,  cl.  4,  as  to  investments,  is  revised.     St.  1890,  168. 

Sect.  20,  cl.  6.  The  amount  which  savings  banks  may  lend  on  personal 
security  to  any  person,  firm  or  corporation  is  limited.     St.  1884,  168. 

Such  securities  are  to  be  paid  within  the  year.     St.  1886,  69. 

Sect.  20,  cl.  8.  The  time  for  the  sale  of  real  estate  now  held  by  fore- 
closure is  extended.     Sts.  1882,  200  ;  1883,  52  ;  1886,  77. 

Sect.  21.  The  president  and  treasurer  are  also  forbidden  to  borrow  or 
use  or  become  sureties  or  obligors  to  the  bank.     St.  1889,  161. 


Chap.  116.]  PuBLIC   STATUTES.  1263 

Sects.  13,  21,  23.  The  names  of  the  board  of  investment  must  be 
published  twice  each  year.     St.  1882,  50. 

Sect.  27.  The  payment  of  extra  dividends  is  made  permissive  instead 
of  obligatory.     St.  1888,  35.5. 

Sect.  29.  Savings  bank  orders  may  be  paid  when  presented  within 
thirty  days  after  their  date,  although  the  depositor  has  in  the  mean  time 
died,  aud  any  time  after,  provided  the  bank  has  not  had  actual  notice  of 
his  death.     St.  1885,  210,  §  2. 

Sect.  34.  During  1889  aud  every  third  year  thereafter  books  of  deposit 
must  be  called  in  for  verification.     St.  1888,  40. 

Sects.  40,  41.  A  return  of  all  deposits  unclaimed  for  twenty  years  is  to 
be  made  to  the  commissioners  and  published.     St.  1887,  319. 

The  form  and  verification  of  the  annual  report  to  the  commissioners  is 
changed.     St.  1888,  127. 

Sect.  41.  The  report  classifying  the  deposits  is  to  be  made  once  in  five 
years  instead  of  annually.     St.  1890,  44. 

Sect.  44  is  repealed  and  new  provision  is  made  for  the  payment  of 
unclaimed  dividends  into  the  treasury.  Claims  for  such  dividends  may  be 
made  within  two  years.     St.  1883,  258. 

The  limitation  of  two  years  is  repealed.  Parties  file  their  claim  and 
evidence  with  the  auditor.     St.  1886,  300. 


Chapter  117.— Of  Co-operative  Saving  Fund  and  Loan  Associations. 

No  person  or  corporation  may  carry  on  business  under  the  name  of  a 
co-operative  bank  unless  incorporated  here.     St.  1889,  452. 

The  business  of  co-operative  banking  by  foreign  corporations  is  regu- 
lated.    St.  1890,  310. 

Co-operative  banks  must  make  an  annual  return,  under  oath,  to  the  com- 
missioners of  savings  banks.     St.  1889,  159,  §  2. 

Shares  may  be  issued  in  the  name  of  a  minor  or  a  trustee,  the  name  and 
residence  of  the  beneficiary  being  disclosed.     St.  1887,  216,  §  3. 

The  capital  stock,  corporate  franchises  and  personal  estate  of  co-opera- 
tive banks  are  exempted  from  taxation.     St.  1890,  63. 

Sect.  1.  The  consent  of  the  savings  bank  commissioners  is  required 
for  the  formation  of  co-operative  banks.     St.  1890,  243, 

Sect.  3.  The  words  "  co-operative  savings  fund  and  loan  association  " 
are  changed  to  "  co-operative  bank  "  in  the  statute  and  in  the  names  of  all 
associations  existing  or  future.     St.  1883,  98. 

Sect.  5.  Co-operative  banks  must  provide  a  guaranty  fund.  St.  1885, 
121,  §  2. 

The  limit  of  capital  refers  to  the  capital  paid  in  on  shares.  St.  1887, 
216,  §  1. 

Sect.  6.  The  offices  of  secretary  and  treasurer  of  a  co-operative  bank 
may  be  held  by  one  person.     St.  1885,  121,  §  1. 

Sect.  8.  The  mode  of  withdrawing  or  retiring  shares  is  determined,  and 
their  value.     St.  1887,  216,  §  2. 

Sect.  9.  Interest  is  allowed  for  all  full  months  from  the  date  of  the 
preceding  adjustment.     St.  1887,  216,  §  5. 


1^64  Changes  in  the  [Chap.  ii7. 

Before  paying  off  matured  shares,  arrears  and  fines  are  to  be  deducted. 
St.  1882,251,  §  1. 

Sect.  10.  In  lending  money  the  bids  may  be  a  rate  of  interest  not  less 
than  five  per  cent,  instead  of  a  premium.     St.  1882,  251,  §  2. 

Sect.  10.  The  directors  may  loan  any  money  remaining  unsold  on 
shares  of  the  corporation.     St.  1890,  78. 

Sect.  13.  The  real  estate  must  be  situated  in  the  Commonwealth.  St. 
1889,  159,  §  1. 

Sect.  14.  Partial  payments  of  loans  may  be  made  in  sums  of  fifty  dol- 
lars or  any  multiple  thereof,  and  for  each  two  hundred  dollars  paid  a 'share 
shall  be  released.     St.  1887,  216,  §  4. 

Sect.  16  is  amended  by  providing  that  the  share  of  a  member  six 
months  in  arrears  may  be  declared  forfeited.  He  is  then  given  credit  for 
the  withdrawing  value  of  his  share,  and  the  balance  is  enforced  against  his 
security.     Sts.  1882,  251,  §  1  ;  1885,  121,  §  4. 

Sect.  20.  The  board  of  commissioners  may  stop  the  transaction  here  by 
a  foreign  association  or  corporation  of  the  business  of  accumulating  and 
loaning  members'  savings,  if  he  deems  the  manner  of  so  doing  or  the  con- 
dition of  the  corporation  hazardous  to  the  public.     St.  1891,  403. 

Chapter  118.  — Of  Banks  and  Banking. 

Foreign  corporations  carrying  on  a  banking  business  shall  indicate  the 
state  or  country  in  which  they  are  chartered  on  all  their  signs,  advertise- 
ments, circulars,  letterheads  and  other  documents  containing  their  name. 
St.  1890,  329. 

Chapter  118a. —  Of  Safe  Deposit  Corporations. 

Corporations  for  the  purpose  of  lettiug  vaults,  safes  and  other  receptacles 
may,  under  certain  formalities,  remove  the  contents  of  such  vaults  where 
the  rent  has  not  been  paid  for  two  years.     St.  1887,  89. 

Provision  is  made  for  the  incorporation  of  safe  deposit,  loan  and  trust 
companies,  their  taxation  and  returns.  Their  organization,  powers,  lia- 
bilities and  duties  are  established.     St.  1888,  413.  " 

Safe  deposit,  loan  and  trust  companies  are  forbidden  to  invest  in  certain 
farm  mortgages  or  farm  mortgage  companies.     St.  1889,  342. 

No  person  or  corporation  established  under  the  laws  of  another  state  or 
country  may  carry  on  here  a  banking,  mortgage  loan  and  investment  or 
trust  business  under  a  name  previously  used  by  a  corporation  established 
here.     St.  1889,  452. 

Safe  deposit,  loan  and  trust  companies  subject  to  St.  1888,  413,  are 
authorized  to  make  further  investments.  Such  companies  incorporated 
before  that  statute  may  adopt  it.     St.  1890,  315. 

Any  foreign  corporation  doing  a  trust  business  here  shall  indicate  the 
state  or  country  in  which  it  is  chartered  upon  all  its  signs,  advertisements 
and  the  like  wh'ere  its  name  appears.     St.  1890,  329. 

Chapter  118b.— Of  Mortgage  Loan  and  Investment  Companies. 

The  business,  investments  and  liability  of  the  stockholders  of  mortgage 
loan  and  investment  companies,  is  regulated.  They  must  make  returns  to 
the  savings  bank  commissioners  and  be  examined  by  them.     St.  1888,  387. 


Chap.  1186.]  PuBLIC   STATUTES.  1265 

No  person  or  corporation  established  under  the  laws  of  another  state  or 
countiT  may  carry  on  here  a  banking,  mortgage  loan  and  investment  busi- 
ness or  trust  business  under  a  name  previously  used  by  a  corporation  estab- 
lished under  the  laws  of  this  state.     St.  1889,  452. 

The  supervision  of  foreign  corporations  engaged  in  selling  or  negotiating 
bonds,  mortgages,  notes  or  other  choses  in  action  is  provided  for.  8t. 
1889,  427,  as  amended  by  St.  1891,  275. 

They  shall  notify  holder  of  a  mortgage  of  default  in  interest  and  non- 
payment of  taxes  upon  the  land.     St.  1891,  275,  §  3. 

Such  corporation  doing  business  here  shall  indicate  the  state  or  countrj' 
in  which  it  is  chartered  upon  all  its  signs,  advertisements  and  the  like  where 
its  name  appears.     St.  1890,  329. 


Chapter  119.  —  Of  Insurance  Companies  and  Insurance. 

The  insurance  law  is  revised  and  codified.     St.  1887,  214. 

Companies  authorized  to  transact  insurance  business  in  the  Common- 
wealth may  reinsure  in  other  companies  not  so  authorized  on  certain  condi- 
tions.    St.  1891,  368. 

Title  insurance  companies  may  examine  and  guarantee  titles  to  personal 
property  as  well  as  real  estate.     St.  1889,  378. 

Accident  insurance  companies  may  insure  the  liability  of  employers  for 
injuries  received  by  persons  in  their  employ.  St.  1889,  356.  And  life 
insurance  companies  may  insure  against  accidents.     St.  1891,  195. 

Sects.  2,  4.  The  amount  allowed  for  additional  clei'ks  and  assistants 
is  changed  to  such  sum  as  the  general  court  may  appropriate  each  year. 
St.  1888,  84. 

Sect.  2.     The  salary  of  the  commissioner  is  S3, 500.     St.  1890,  247. 

Sects.  21,  38.  The  money  or  relief  to  be  paid  by  companies  incorporated 
under  this  act  and  doing  life  or  casualty  insurance  on  the  assessment  plan 
is  not  attachable.     St.  1885,  183,  §  11. 

Sect.  29.  The  capital  stock  of  companies  insuring  mechanics' tools  may 
be  divided  into  shares  of  the  par  value  of  ten  dollars  each.     St.  1888,  141. 

Sect.  69-72.  Payment  of  dividends  regulated.  St.  1887,  214,  §  38, 
as  amended  by  St.  1891,  289. 

Sects.  74,  75,  76,  96,  97,  as  revised  in  St.  1887,  214,  §§  42,  43,  44,  re- 
lating to  companies  with  a  guaranty  capital,  dividends  of  surplus  to  policy- 
holders and  rights  of  members  to  profits  and  liability  for  losses,  are  again 
revised.     St.  1890,  26. 

Sect.  139.  The  selection  of  referees  under  policies  in  the  standard 
form  is  regulated.     St.  1888,  151,  as  amended  by  St.  1891,  291. 

Sect.  145  et  seq.  Nothing  in  the  charter  of  any  mutual  life  insurance 
company  shall  limit  its  investments  unless  such  limitation  is  in  the  general 
insurance  laws.     St.  1888,  165. 

Sect.  145.  Life  and  casualty  insurance  on  the  assessment  plan  is  regu- 
lated.    St.  1890,  421. 

The  organization  and  business  of  fraternal  beneficiary  organizations  is 
regulated.  Foreign  corporations  nuist  appoint  the  commissioner  agent. 
Any  person  who  solicits  memberships  for  corporations  not  authorized  to  do 


1266  Changes  in  the  [Chap.  ii9. 

business  here  may  be  punished.  The  benefits  are  not  held  for  the  debts  of 
the  certificate  holder  or  o£  any  beneficiary.     St.  18S8,  429. 

Sect.  145  et  seq.  Any  fraternal  beneficiary  organization  may  provide 
in  the  same  assessment  for  its  disability  and  death  funds,  the  proportion 
for  either  purpose  being  distinctly  stated.     St.  1890,  400. 

Sect.  156.  Expense  of  care  and  custody  of  trust  deposits  shall  be 
assessed  by  the  tax  commissioner  on  the  companies  making  the  deposits. 
St.  1891,  233,  §  2. 

Sect.  9-12  of  St.  1888,  429,  which  revised  the  law  of  fraternal  insur- 
ance, amended.     St.  1890,  341. 

Sect.  167.  The  benefit  provided  by  companies  formed  under  this  act 
cannot  be  held  for  debts  or  liabilities  of  policy  or  certificate  holders  or 
beneficiaries.     St.  1885,  183,  §  11. 

Sect.  173.  This  section  is  repealed  and  unclaimed  dividends  are  paid 
into  the  treasury.  Claims  for  such  dividends,  when  and  how  made.  Sts. 
1883,  258  ;  1886,  300. 

Sect.  185.  False  or  fraudulent  statements  or  representations  by  any 
solicitor,  agent  or  examining  physician  are  made  misdemeanors,  and  pun- 
ished when  made  with  reference  to  insurance  under  this  act.  St.  1885, 
183,  §  12. 

Sect.  96.  A  foreign  company  whose  authority  to  do  business  is  revoked 
by  the  commissioner  for  any  cause,  except  its  financial  condition,  may  have 
the  order  revised  by  the  supreme  court.     St.  1890,  304. 

Chapter  120.  —  Of  the  Alienation  of  Real  Estate. 

Sect.  1.  Where  a  deed  or  other  writing  affecting  land  has  been  duly 
recorded  in  one  registry  an  office  copy  may  be  recorded  in  any  other  registry. 
St.  1889,  448. 

Disseizin  or  adverse  possession  shall  not  defeat  a  conveyance.  St.  1891, 
354. 

Chapter  124.  —  Of  the  Rights  of  a  Husband  in  the  Real  Estate  of  his 
Deceased  Wife  and  the  Rights  of  a  Wife  in  that  of  her  De- 
ceased Husband. 

Sect.  1.  The  words  "  If  his  wife  does  not  otherwise  provide  by  the 
will,"  are  stricken  out.     St.  1885,  255,  §  2. 

The  husband  takes  the  share  of  his  wife's  real  estate  in  fee,  whether  she 
dies  testate  or  intestate.     St.  1887,  290,  §  1. 

Sect.  17.  The  claim  of  the  husband  or  wife  may  after  notice  be  deter- 
mined in  the  probate  court.     St.  1889,  234. 

Chapter  125.  —  Of  the  Descent  of  Real  Estate. 

Sect.  4.  The  property  of  an  illegitimate  child  descends  to  his  relatives 
through  his  mother  if  she  is  dead.     St.  1882,  132. 

Chapter  126.  —  General  Provisions  Concerning  Real  Estate. 

Conditions  or  restrictions  affecting  the  title  or  use  of  real  estate  unlimited 
as  to  time  shall  be  construed  as  limited  to  thirty  years,  except  in  gifts  or 


Chap.    126.]  PuBLIC    STATUTES.  1267 

devises  for  public  charitable  or  religious  uses  and  grants  from  the  Com- 
monwealth.    St.  1887,  418. 

Words  importing  a  want  or  failure  of  .issue  are  to  be  construed  to  mean 
a  want  or  failure  in  the  life  time  or  at  the  death  of  the  person  referred  to 
and  not  an  indefinite  failure  of  issue,  unless  a  contrary  intention  clearl}'^ 
appears  by  the  instrument.     St.  1888,  273. 

Sects.  5,  6.  A  conveyance  to  a  husband  and  wife  no  longer  creates  an 
estate  in  joint  tenancy  without  express  words.     St.  1885,  237. 

Chapter  127.  —  Of  Wills. 
Sect.  34  repealed,  so  far  as  it  applies  to  probate  courts.     St.  1891,  415. 

Chapter  129.— Of  the  Probate  of  Wills  and  the  Appointment  of 

Executors. 

A  decree  allowing  a  will  is  conclusive  for  many  purposes,  after  two  years 
from  such  decree,  in  favor  of  persons  who  have  acted  on  it  in  good  faith. 
St.  1889,  435. 

Sects.  1,2.  The  statements  in  a  petition  for  probate  of  a  will,  or  let- 
ters testamentary,  shall  after  Sept.  1,  1891,  be  verified  by  oath  of  the  peti- 
tioner.    St.  1891,  414. 

Chapter  130.  —  Of  the  Appointment  of  Administrators. 

Sect.  1.  The  statements  in  a  petition  for  letters  testamentary  shall, 
after  Sept.  1,  1891,  be  verified  by  oath  of  petitioner.     St.  1891,  414. 

Sect.  2.  Administration  maybe  granted  by  consent  of  the  widow  and 
all  the  next  of  kin  of  the  deceased,  to  one  of  the  next  of  kin  or  any  other 
suitable  person,  without  notice.     Sts.  1885,  260  ;   1890,  265. 

A  decree  adjudicating  the  intestacy  of  an  estate  is  conclusive  for  man}' 
purposes  after  two  years.     St.  1889,  435. 

Sects.  2,  8.  Administrators  may  be  allowed  to  give  a  bond  without 
sureties.  If  they  neglect  to  give  a  new  bond  when  required  it  is  a  resigna- 
tion.    St.  1885,  274. 

Sect.  4.  Administration  may  be  granted  for  cause  upon  particular 
property  more  than  twenty  years  after  the  person's  death.     St.   1889,  192. 

Sect.  10-17.  A  special  administrator,  by  leave  of  the  probate  court, 
may  pay  the  expenses  of  the  executor  in  proving  the  will.     St.   1884,  291. 

Chapter  131.  —  Of  Public  Administrators. 

Sect.  18.  Claims  under  this  section  are  limited  to  one  year  after  the 
money  is  deposited.     St.  1883,  264. 

Chapter  132.  — General  Provisions  Relative  to  Executors  and  Admin- 
istrators. 

Probate  courts  shall  have  jurisdiction  in  equity  in  administration  of 
estates  of  deceased  persons.  Proceedings  in  such  cases  established.  St. 
1891,  415. 


1268  Changes  in  the  [Chap.  132. 

Sect.  1.  The  giving  of  the  notice  may  be  proved  in  certain  cases  by  the 
affidavit  of  persons  other  than  those  mentioned  in  St.  1888,  148.  St. 
1888,  380.  , 

Sect.  2.  The  requirement  that  the  notice  shall  be  filed  within  one  year 
is  repealed.     St.  1888,  148. 

Sect.  1-4.  In  cases  where  no  affidavit  of  notice  has  been  filed,  and  it 
cannot  now  be  obtained,  the  court  on  petition  of  any  person  interested  in 
any  real  estate  affected,  after  notice  and  hearing,  may  decree  that  notice 
was  given.     St.  1889,  315. 

Chapter  134.  —  Of  Sales  and  Mortgages  of  Real  Estate  by  Executors 

and  Administrators. 

Executors  and  administrators  may  be  licensed  to  sell  at  private  sale. 
St.  1886,  137. 

Sect.  1-15.  Real  estate  appraised  for  less  than  fifteen  hundred  dollars 
may  be  sold  for  purposes  of  distribution.     St.  1890,  266. 

Sect.  12.  The  giving  of  the  notice  may  be  proved  in  certain  cases  by 
the  affidavit  of  persons  other  than  those  mentioned  in  St.  1888,  148. 
St.  1888,  380. 

The  requirement  that  the  affidavit  shall  be  filed  within  one  year  is 
repealed.     St.  1888,  148. 

Chapter  135.  —  Of  Allowances  to  Widows  and  Children  and  of  the 
Distribution  of  the  Estates  of  Intestates. 

Provision  is  made  for  a  state  tax  of  five  per  cent,  on  collateral  legacies 
and  successions  and  grants  to  take  effect  after  death  of  grantor,  in  estates 
exceeding  $10,000.     St.  1891,  425. 

Sect.  3,  cl.  3.  The  husband  is  given  one-half,  instead  of  the  whole  of 
the  personal  estate  of  his  deceased  wife.     St.  1882,  141. 

Sect.  3,  cl.  5.  If  the  intestate  leaves  a  widow  and  no  kindred  the  widow 
shall  be  entitled  to  the  whole  of  the  residue.     St.  1885,  276. 

Chapter  136.  — Of  the  Payment  of  Debts,  Legacies  and  Distributive 

Shares. 

Provision  is  made  for  a  state  tax  of  five  per  cent,  on  collateral  legacies 
and  successions  and  grants  to  take  effect  after  death  of  grantor,  in  estates 
exceeding  $10,000.     St.  1891,  425. 

Sect.  19  et  seq.  Where  a  legatee  is  under  age  and  has  no  guardian  the 
court  may  order  the  legacy  paid  into  the  savings  bank  under  ch.  144,  §  16. 
St.  1889,  185. 

Sect.  19-25.  Real  estate  of  less  than  fifteen  hundred  dollars  appraised 
value  may  be  sold  for  the  purpose  of  distribution.     St.  1890,  266. 

Chapter  139.  —  Of  Guardianships. 

Sect.  1-3.  The  Boston  Children's  Friend  Society  may  be  appointed  the 
guardian  of  minors.     St.  1885,  362. 


Chap.   139.]  PuBLIC    STATUTES.  1269 

Sect.  2.  The  Association  for  the  Protection  of  Destitute  Roman  Cath- 
olic Children  may  be  appointed  guardian  of  any  minor  child.  St.  1890, 
117. 

Sect.  2-4.  The  probate  court  may  require  parents  to  contribute  to  the 
support  of  their  minor  children  under  guardianship.     St.  1891,  358. 

Sect.  16.  Guardians  may  also  be  appointed  to  release  the  rights  of 
dower  and  homestead  of  married  women  who  are  minors.     St.   1890,  259. 

Sect.  29  et  seq.  Guardians  residing  out  of  the  state  must  appoint  an 
agent  here.     Pub.  Sts.  132,  §§  11-13,  apply  to  them.     St.  1889,  462. 

Chapter  140. —  Of  Sales  and  Mortgages  of  Real  Estate  by  Guardians. 

Sect.  18.  The  right  to  license  guardians  to  sell  at  private  sale  is  no 
longer  limited  to  undivided  interests.     St.  1885,  258. 

Chapter  141.  —  Of  Trusts.  ^ 

Probate  courts  shall  have  jurisdiction  in  equity  relating  to  trusts  created 
by  will.     Proceedings  established.     St.  1891,  415. 

Sect.  4-11.  Trustees  residing  out  of  the  state  must  appoint  an  agent 
here.     Pub.  Sts.  132,  §§  11-13,  apply  to  them.     St.  1889,  462. 

Sect.  16.  Trustee  shall  be  exempt  from  giving  surety  on  his  bond 
when  all  persons  interested  who  are  of  full  age  and  legal  capacity  other 
than  ci'editors  request  it ;  but  not  until  guardian  of  any  minor  interested, 
and  such  other  persons  as  the  court  shall  direct,  have  been  notified  and 
had  an  opportunity  to  be  heard  against  it.     St.  1891,  339. 

Sect.  23.  To  the  purposes  for  which  trust  estates  may  be  mortgaged  is 
added  that  of  paying  for  improvements  of  a  permanent  nature  made  or  to 
be  made  upon  such  estate.     St.  1889,  66. 

Chapter  142.  — General  Provisions  Relative  to  Sales,  Mortgages, 
Releases,  Compromises,  etc.,  by  Executors,  Administrators, 
Guardians    and   Trustees. 

Sect.  14.  This  section  is  extended  to  administrators  with  the  will 
annexed.  Those  claiming  as  legatees  or  devisees,  whose  interests  will 
in  the  opinion  of  the  court  be  affected,  are  to  be  made  parties.  St.  1889, 
266. 

Sect.  23.  This  section  is  extended  so  that  any  act  or  proceeding  of 
the  probate  court,  which  it  might  have  done  in  the  first  instance,  may  be 
confirmed.     St.  1888,  420. 

Chapter  143.  —  General  Provisions  Relative  to  Bonds  of  Executors, 
Administrators,  Guardians  and  Triistees. 

Sect.  1.  Foreign  fidelity  insurance  companies  may  be  sureties  on  pro- 
bate bonds.     St.  1887,  214,  §  61. 

Companies  may  be  formed  to  act  as  sureties  on  probate  bonds.  St. 
1887,  214,  §§  29,  61. 


1270  Changes  in  the  [Chap.  i44. 


Chapter  144.  —  Of  the  Accounts  and  Settlements  of  Executors,  Ad- 
ministrators, Guardians  and  Trustees. 

Sect.  7.  Money  paid  with  the  approval  of  the  judge  to  any  person  or 
corporation  for  becoming  surety  on  the  bond  may  be  allowed.  St.  1886, 
233. 

Bequests  to  executors  in  excess  of  a  reasonable  compensation  are  liable 
to  the  state  legacy  tax.     St.  1891,  425,  §  3. 

Sects.  13,  14,  which  provide  for  the  appointment  of  a  guardian  ad  litem 
to  examine  the  accounts  of  trustees  and  guardians,  are  extended  to  execu- 
tors and  administrators,  and  the  decree  is  in  a  like  manner  final.  St. 
1889,  466. 

Sect.  16.  Legacies  to  persons  whose  residence  is  unknown,  and  to 
minors  without  guardians  may  be  deposited.     Sts.   1885,  376  ;  1889,  185. 

Provision  is  made  for  the  final  distribution  of  money  deposited  or 
invested  by  order  of  probate  courts.     St.  1890,  408. 


Chapter  145.  —  Of  Marriage. 

Jurisdiction  of  petitions  for  nuUit}'  is  given  if  the  libellant  has  resided 
here  for  five  years  next  preceding  the  filing  of  the  libel,  unless  he  removed 
here  for  the  purpose.     St.  1886,  36. 

Sect.  24.  The  returns  of  marriages  shall  be  preserved,  filed,  arranged 
and  indexed  conveniently  for  examination  and  reference.  St.  1887,  202,  §  3. 


Chapter  146.  — Of  Divorce. 

Statistics  as  to  libels  of  divorce  must  be  furnished  b}^  the  clerks  of  the 
courts  to  the  secretarj'  of  state,  who  prepares  abstracts  and  tables  for 
the  legislature.     St.  1882,  194. 

The  superior  court  is  given  exclusive  original  jurisdiction  of  all  causes 
of  divorce  and  nullity  and  validity  of  marriage.     St.  1887,  332,  §  1. 

Sect.  1.  Divorce  may  be  decreed  for  gross  and  confirmed  drunkenness 
caused  by  the  use  of  opium  or  other  drugs.     St.  1889,  447. 

Divorce  may  be  decreed  for  absence  which  would  raise  a  presumption  of 
death.     St.  1884,  219. 

Sect.  10.  In  certain  cases  where  the  charge  is  adultery,  the  person 
alleged  to  he  partlcej^s  criminis  may  be  allowed  to  appear.     St.  1890,  370. 

Sect.  19.  The  application  for  final  decrees  is  to  be  made,  without 
further  notice,  to  the  court,  or  a  justice  of  it,  instead  of  to  the  clerk.  St. 
1882, 223. 

Sect.  42.  Whoever  procures  or  assists  in  procuring  any  fraudulent 
divorce  out  of  the  state  for  one  who  is  a  resident  is  punished.  St.  1886, 
342.     Or  unlawfully  issues  a  certificate  of  divorce.     St.  1891,  59. 

Sect.  42-44.  Whoever  advertises  the  business  of  procuring  divorces 
is  punished.     St.  1887,  320. 


Chap.  147.]  PuBLIC   STATUTES.  1271 


Chapter  147.  —  Of  Certain  Rights   and  Liabilities   of  Husband   and 

Wife. 

A  wife  shall  have  the  right  of  interment  in  any  lot  or  tomb  which  her 
husband  owned  during  coverture,  unless  she  has  released  it.  St.  1883, 
262. 

Sect.  1.  The  wife  cannot,  without  his  written  consent,  destroy  or  im- 
pair the  husband's  life  estate  in  one-half  her  lands  where  there  is  no  issue. 
St.  1889,  204. 

Sects.  1,6.  A  married  woman  living  separate  by  decree  may  devise  or 
convey  her  property  free  from  all  rights  in  her  husband.  Sts.  1884,  301  ; 
1885,  25r5. 

Sect.  3.  The  words  "husband  and  wife  shall  not  transfer  property  to 
each  other"  are  so  changed  that  this  chapter  shall  not  "  authorize  "  such 
transfer.  The  change  applies  to  all  transfers  made  since  the  enactment  of 
the  Public  Statutes.     St.  1884,  132. 

Sect.  6.  Where  it  has  been  established  by  decree  that  a  married  woman 
is  deserted  or  living  apart  from  her  husband  for  justifiable  cause,  her  will 
cuts  off  his  rights.     St.  1885,  255. 

The  will  of  the  wife  cannot  deprive  the  husband  of  his  right  to  her  real 
estate  to  the  amount  of  five  thousand  dollars  when  she  leaves  no  issue. 
St.  1887,  290,  §  2. 

Sect.  16  e^  seq.  Provision  is  made  for  the  release  of  courtesy  by  the 
guardian  of  an  insane  husband.     St.  1886,  245. 

The  notice  on  the  petition  for  leave  for  the  guardian  of  an  insane  wife 
to  release  any  right  of  dower  or  homestead  shall  be  such  as  the  court  may 
order,  instead  of  in  some  newspaper.     St.  1890,  105. 

Sects.  31,  32,  33,  36.  The  probate  court  shall  have  exclusive  original 
jurisdiction  of  petitions  under  these  sections  and  the  appeal  from  the  pro- 
bate court  shall  be  to  the  superior  court.     St.  1887,  332,  §§  2,  3. 

Sect.  36.  Probate  courts  may^  require  parents  to  contribute  to  support 
of  their  minor  children  under  guardianship.     St.  1891,  358. 

Chapter  148.  —  Of  the  Adoption  of  Children  and  the  Change  of  Names. 

Sect.  12-14.  A  list  of  all  names  changed  by  special  act  or  under  the 
General  or  Public  Statutes  is  to  be  published  and  distributed.  St.  1884, 
249. 

Chapter  150.  —  Of  the  Supreme  Judicial  Court. 

Sect.  2,  cl.  11.  Double  costs  and  interest  at  twelve  per  cent,  may  be 
given  for  frivolous  appeals  or  exceptions  on  the  motion  of  the  other  party 
or  without  it.     St.  1883,  223,  §  15. 

Sect.  5  amended  and  sects.  18-20,  24,  26-29  repealed,  and  exclusive 
jurisdiction  given  in  capital  cases  to  the  superior  court  except  in  certain 
pending  cases.     St.  1891,379. 

Sect.  16.  Where  an  appeal  or  exceptions  are  not  entered  the  court 
below  may  affirm  the  judgment.     St.  1888,  94. 

Sect.  31.  The  law  term  for  Worcester  is  hereafter  to  be  held  on  the 
third  Monday  after  the  second  Tuesday  of  September,  instead  of  on  the 


1272  Changes  in  the  [Chap.  150. 

third  Tuesday.  St.  1885,  48.  For  Bristol,  Dukes  and  Nantucket,  on  the 
fourth  Monday,  instead  of  fourth  Tuesday  of  October.     St.  18'Jl,  287. 

Sect.  39.  Justices  of  the  supreme  court,  after  ten  years'  service  and 
after  attaining  the  age  of  seventy  years,  may  retire  on  three-fourths  of  the 
salary.     St.  1885,  162. 

Each  of  the  justices  is  allowed  five  hundred  dollars  annually  in  full  compen- 
sation for  travelling  expenses,  in  addition  to  his  salary.     St.  1888,  274,  §  1. 

The  justices  are  allowed  82,500  per  annum  for  clerical  assistance.  St. 
1891,  89. 

Chapter  151. —  Of  the  Supreme  Judicial  Court;  Equity  Jm-isdiction. 

Sect.  2,  els.  6,  7.  Jurisdiction  in  equity  given  in  questions  •  between 
joint  owners  of  personal  property.     St.  1891,  oS3. 

Sect.  2,  cl.  11.  The  provisions  for  reaching  the  property  of  debtors 
are  extended.  The  debt  may  be  less  than  one  hundred  dollars.  The 
interest  of  a  partner  may  be  reached.     St.  1884,  285. 

Sect.  7.  The  forms  in  equity  are  established.  Suits  in  equity  may  be 
brought  where  transitory  actions  now  are.  No  action  shall  be  defeated 
because  the  form  ought  to  be  law  instead  of  equity  or  t'ice  versa.  St.  1883, 
223,  §§  10,  13,  17. 

Chapter  152.  — Of  the  Superior  Court. 

Sect.  1.  There  shall  be  thirteen  associate  justices  instead  of  ten  in  the 
superior  court.     Sts.  1886,  31  ;  1888,  58. 

Sect,  3.  The  superior  court  is  given  exclusive  originar  jurisdiction  of 
all  causes  of  divorce  and  nullity  or  validity  of  marriage.     St.  1 887,  332,  §  1 . 

And  of  capital  crimes,  except  in  certain  pending  cases,  three  justices 
sitting.     St.  1891,  379. 

Sect.  3-8.  After  Oct.  1,  1891,  actions  at  law  may  be  heard  by  agree- 
ment of  parties,  before  three  justices  without  a  jury,  when  the  claim 
exceeds  610,000  in  Suffolk,  85,000  in  other  counties.  No  exception  or 
appeal  shall  be  allowed,  but  case  may  be  reported  to  supreme  judicial 
court.  Sessions  to  be  held  in  Boston,  Worcester  and_  Springfield  and, 
•if  justices  so  determine,  in  other  counties.     St.  1891,  227. 

Sect.  4.  General  equity  jurisdiction  is  given  and  the  practice  in  equity 
is  regulated.     Sts.  1883,  223  ;  1891,  383. 

The  return  day  of  process  is  to  be  computed  from  the  service  and  not 
from  the  date.     St.  1884,  316. 

Sect.  5.  The  superior  court  shall  also  have  jurisdiction  of  certain 
appeals  from  the  probate  court.     St.  1887,  332,  §  3. 

Sect.  8.  The  affidavit  and  request  for  removal  may  be  filed  within 
thirty  days  after  the  day  for  appearance.     St.  1885,  384,  §  14. 

Sect.  17.  Criminal  terms  are  established  at  Taunton  on  the  first  Mon- 
day of  February  and  of  November  and  at  New  Bedford  on  the  first  Monday 
of  June,  and  the  civil  term  at  New  Bedford  is  changed  from  June  to  May. 
St.  1888,  314. 

The  number  of  criminal  terms  for  Hampden  is  increased  to  three.  They 
are  to  be  held  on  the  first  Monday  of  May,  the  fourth  Monday  of  Septem- 
ber and  the  third  Monday  of  December.     St.  1885,  27. 


Chap.  152.]  PUBLIC   STATUTES.  1273 

The  criminal  term  in  Essex  on  the  second  Monday  of  Mav  is  changed  to 
the  first  Monday.     St.  1885,  191. 

Applications  for  a  jury  for  the  assessment  of  damages  for  land  taken  by 
any  town  in  the  counties  of  Nantucket  or  Dukes  county  may  be  made  to 
the  superior  court  in  Bristol  county.     St.  1887,  50. 

The  sittings  of  the  superior  court  for  civil  business  are  changed  as  fol- 
lows :  in  Norfolk,  from  the  fourth  Mondays  of  April,  September  and 
December  to  the  first  Mondays  of  January,  May  and  October.    St.  1889,  287. 

In  Dukes  county  from  the  last  Tuesday  of  May  to  the  last  Tuesday  of 
April.     1889,  308. 

In  Franklin  from  the  third  Monday  of  March  and  the  second  Monday 
of  Aiigust  to  the  third  Monday  of  April  and  the  second  Monday  of  July. 
St.  1889,  327. 

In  Barnstable  from  Tuesday  after  the  first  Monday  to  Tuesday  after  the 
second  Monday  of  April.     St.  1891,  175. 

In  Bristol,  at  Taunton,  from  first  Monday  to  second  Monday  of  Sep- 
tember.    St.  1891,  287. 

Sect.  18.  The  superior  court  in  Plymouth  may  be  adjourned  to  Brock- 
ton, but  no  longer  to  Bridgewater.     St.  1885,  134. 

In  Essex  the  September  sitting  is  to  be  adjourned  to  Lawrence  and 
Haverhill.     St.  1889,  461. 

Sect.  24  is  repealed.     St.  1887,  183. 

Sect.  28.  Justices  of  the  superior  court,  after  ten  years'  service  and 
after  attaining  the  age  of  seventy  years,  may  retire  on  one-half  of  the 
salary.     St.  1887,  420. 

The  salary  of  the  chief  justice  is  85,500  ;  associate  justices  $5,000  ;  with 
6500  for  travelling  expenses  in  each  case.     St.  1888,  274,  §  2. 

Chapter  153. —Of  Matters  Common  to  the  Supreme  Judicial  Court 
and  the  Superior  Court. 

Sects.  10,  13.  When  disability  or  death  of  the  justice  prevents  him 
from  signing  bills  of  exceptions,  they  may  be  proved  as  if  they  had  been 
disallowed  by  him.     St.  1882,  239. 

Sect.   12.     Extended  to  criminal  cases.     St.  1891,  362, 

Sect.  15.  Clerks  of  courts  shall  cause  to  be  printed  and  forwarded  to 
the  attorney-general  copies  of  bills  of  exceptions  and  reports  of  cases  in 
which  the  Commonwealth  is  a  party  or  interested,  as  soon  as  may  be  after 
the  same  have  been  allowed  and  filed.     St.  1890,  374. 

Sect.  23.  The  original  vouchers  or  bills  must  be  delivered  with  the 
orders.     St.  1890,  206. 

Chapter  154. —Of  the  Police,  District  and  Municipal  Courts. 

Sect.  1.  The  session  of  the  district  court  of  Hampshire,  required  by 
St.  1882,  227,  to  be  held  at  Cummington,  is  made  discretionary  with  the 
justice.     St.  1883,  75. 

The  clerk  need  not  attend  except  at  Northampton,  but  makes  his  record 
from  the  minutes  of  the  judge.     St.  1883,  80. 

Sessions  of  the  district  court  of  Northern  Berkshire  are  established  at 
Adams.     St.  1884,  266. 


1274  Changes  in  the  [Chap.  154. 

The  first  district  court  of  Northern  Worcester  shall  be  held  at  Gardner 
and  Athol,  or  either  of  said  towns,  as  public  convenience  may  require, 
instead  of  on  certain  fixed  daj's.     St.  1888,  212. 

The  district  court  of  Hampshire  shall  be  held  at  Ware  on  Friday  of  each 
week,  instead  of  the  first,  second  and  third  Fridays  of  each  month.  St. 
188y,  122. 

Sect.  2.     Police  and  district  courts  established,  as  follows  :  — 

First  and  second  districts  of  Barnstable.  First  district :  Barnstable, 
Yarmouth,  Sandwich,  Bourne,  Falmouth  and  Mashpee.  Second  district: 
Provincetown,  Truro,  Wellfleet,  Eastham,  Orleans,  Brewster,  Chatham, 
Harwich  and  Dennis.     St.   1890,  177. 

Police  of  Brockton,  including  Brockton,  Bridgewater,  East  Bridge- 
water  and  West  Bridgewater,  and  abelishing  first  district  court  of  Plym- 
outh.    Sts.  1885,  155;  1887,  322. 

Police  of  Brookline.     St.  1882,  233. 

East  Boston  district,  including  East  Boston  and  Winthrop,  and  abolish- 
ing East  Boston  municipal  court.     St.  1886,  15. 

Seconddistrict  of  Essex, including Amesbur}' and Merrimac.     St.  1888, 193. 

District  of  western  Hampden,  including  Westfield,  Chester,  Granville, 
Southwick,  Russell,  Blandford,  Tolland  and  Montgomery.     St.  1886,  190. 

District  of  Hampshire,  including  the  county.     St.  1882,  227. 

Police  of  Marlborough.     St.  1882,233. 

Third  district  of  eastern  Middlesex,  including  Cambridge,  Arlington 
and  Belmont,  and  abolishing  Cambridge  police  court.     St.  1882,  233. 

Fourth  district  of  eastern  Middlesex,  including  Woburn,  Winchester, 
Burlington,  Wilmington  and  Stoneham.  Sts.  1882,  233  ;  1888,  59  ;  1889, 
312. 

District  of  southern  Norfolk,  including  Stoughton,  Canton,  Avon  and 
Sharon.     St.  1891,  273. 

First  district  of  northern  Worcester,  including  Athol,  Petersham,  Phillips- 
ton,  Royalston,  Templeton,  Gardner  and  Hubbardston.     St.  1884,  215. 

Sect.  2.  Rockport  annexed  to  district  of  Gloucester  police  court.  St. 
1888,  249. 

Wilmington  transferred  from  first  to  fourth  district  of  eastern  Middlesex. 
St.  1888,  59. 

Hopkinton  taken  from  first  district  of  southern  Middlesex.  St.  1882, 
169. 

Sect.  4-10.  The  justices  may  interchange  services,  as  they  may  find 
convenient.     St.  1885,  132. 

Sect.  5.     Clerks  given  as  follows  :  — 

District  court,  southern  Berkshire.     St.  1886,  333. 

Police  court,  Brookline.     St.  1888,  60. 

Police  court,  Chelsea.     St.  1882,  176. 

Police  court,  Chicopee.     St.  1891,  78. 

Municipal  court,  Dorchester.     St.  1885,  79. 

District  court,  East  Boston.     St.  1886,  15. 

District  court,  Hampshire.     .St.  1883,  80. 

Second  district  court,  eastern  Middlesex.     St.  1883,  97. 

Municipal  court.  West  Roxbury.     St.  1887,  274. 

Municipal  court,  South  Boston,  assistant  clerk.     St.  1887,  327. 


Chap.   154.]  PUBLIC   STATUTES.  1275 

Sect.  11.  The  criminal  jurisdiction  of  police  and  district  courts  is 
extended.  Provision  is  made  for  crimes  committed  near  the  line  of  the 
district.     St.  1885,  322. 

It  is  also  extended  to  cases  under  chapter  57,  relating  to  the  sale  and 
inspection  of  milk.     St.  1885,  1-19. 

Sect.  16.  This  section,  which  provides  that  writs  from  certain  courts 
may  run  into  other  counties,  is  made  to  apply  to  all  district,  police  and 
municipal  courts.     St.  1885,  45. 

Sects.  18,  19.  Municipal,  district  and  police  courts  are  given  concur- 
rent jurisdiction  with  the  superior  court  over  assaults  with  a  dangerous 
weapon,  indecent  exposure  and  unlicensed  theatrical  exhibitions,  shows 
and  masked  balls,  and  malicious  injuries  to  personal  property  where  the 
value  of  the  property  is  less  than  one  hundred  dollars.    St.  1887,  293. 

Sect.  24.  .Justices  to  certify  monthly.  St.  1890,  440,  §  11;  amended 
by  St.  1891,  70. 

Sect.  25.  When  no  justice  is  jiresent  at  a  police  or  district  court  the 
sheriff  or  his  deputy  may  adjourn  it.     St.  1884,  188. 

Sect.  26.  Special  justices  of  the  district  of  Hampshire  are  allowed  their 
travelling  expenses,  not  exceeding  one  hundred  dollars.     St.  1884,  205. 

Sect.  27.  The  police  and  district  courts  in  Middlesex  may  establish 
uniform  return  days  and  rules  in  civil  cases.     St.  1890,  359. 

Sect.  29.  The  treasurers  of  the  several  counties  shall  cause  proper 
dockets  and  blanks  as  nearly  uniform  as  may  be  to  be  printed  for  the  sev- 
eral trial  justices  and  police  and  district  courts  in  criminal  cases,  except 
the  Hast  Boston  district  court  and  the  Chelsea  police  court.     St.  1888,  285. 

Sect.  30.  Process  is  to  bear  the  teste  of  the  first  justice  who  is  not  a 
party.     St.  1888,  415. 

Sect.  34,  which  requires  the  justice  to  examine  the  accounts  of  the 
clerk,  is  repealed,  that  duty  being  now  performed  by  the  controller  of 
accounts.     St.  1887,  438,  §  8. 

Sect.  35.  All  funds  received  from  any  source  which  are  payable  to 
cities  and  towns  must  be  paid  over  quarterly  at  the  same  time  that  settle- 
ments are  now  with  county  treasurers.     St.  1890,  204. 

Apportionment  of  fines  to  informant.     Sts.  1890,  440,  §  57;   1891,  416. 

Sect.  36.  This  section  is  amended  to  require  the  witness  fees  to  be 
paid  in  criminal  proceedings  and  inquests  at  the  termination  of  the  trial, 
an  advance  being  made  by  the  county  treasurer  if  necessary.  It  applies 
to  all  the  lower  courts  except  the  municipal  court  of  Boston.  St.  1888, 
180.     See  Sts.  1890,  440,  §  6  ;  1891,  392. 

Sects.  39,  52,  requiring  a  bond  instead  of  a  recognizance,  are  extended 
to  the  other  municipal,  police  and  district  courts.     St.  1882,  95. 

Sect.  42.  The  justices  of  the  several  municipal  courts  of  Boston  may 
act  for  each  other  in  certain  cases.     St.  1882,  43. 

The  municipal  court  of  the  East  Boston  district  is  abolished,  and  the 
East  Boston  district  court  substituted.     St.  188(),  15. 

Sect.  55.  The  number  of  associate  justices  of  the  municipal  court  in 
Boston  shall  be  four.     Sts.  1882,  41  ;  1888,  419,  §  11. 

Sect.  58.  The  clerk  of  the  muuici|)al  court  in  Boston  for  criminal  business 
is  paid  $1,900,  to  be  expended  for  extra  clerical  assistance.     St.  1883,  47. 


1276  Changes  in  the  [Chap.  154. 

The  clerk  of  the  municipal  court  of  Boston  for  civil  business  shall  be 
paid  81,000  in  addition  to  the  amount  which  he  now  receives.  St.  1888, 
419,  §  13. 

A  second  assistant  to  the  clerk  for  civil  business  at  a  salary  of  $1,G00 
per  year  may  be  appointed.     St.  188.5,  42,  §  2. 

A  fifth  assistant  clerk  may  be  appointed.     St.  1885,  137. 

Sect.  62.  An  additional  session  may  be  held  by  the  special  justice 
when  requested  by  the  chief  or  senior  justice,  he  receiving  $10  per  day 
therefor.     St.  1885,  42. 

Sect.  64.     The  salaries  of  the  justices  fixed  as  follows  :  — 

First  Barnstable,  $1,000.  1890,  177.  Second  Barnstable,  $1,000.  1890, 
177.     Central  Berkshire,  $1,600.     1887,190.     Northern  Berkshire,  $1,200. 

1887,  61.  Southern  Berkshire,  $1,200.  1884,  231.  Boston,  chief,  $4,300  ; 
associate,  $4,000.  1887,163.  Brighton,  $1,600.  1885,49.  Third  Bris- 
tol, $1,800.  1889,  54.  Brockton,  $1,600.  1885,  155.  Brookline, 
$1,000.  1884,  211.  Charlestown,  $2,200.  1891,  160.  Dorchester, 
$1,600.  1885,  79.  East  Boston,  $1,800.  1886,  15.  First  Bristol, 
$1,800.  1889,  261.  Second  Bristol,  $3,000.  1891,  108.  First  Essex, 
$1,800.     1882,  245.     Fitchburg,  $1,500.     1889,  97.     Gloucester,  $1,600, 

1888,  234.  Eastern  Hampden,  $1,200.  1889,  130.  Western  Hampden, 
$1,200.  1886,  190.  Hampshire,  $2,300.  1883,  75.  Haverhill,  $1,800. 
1882,  245.  Holyoke,  $1,800.  1886,  151.  Lawrence,  $2,000.  1888, 
110.  Lowell,  $2,300.  1886,  307.  Lynn,  $2,200.  1891,  162.  Marl- 
borough, $1,000.  1882,  233.  Central  Middlesex,  $800.  1890,  238. 
First  eastern  Middlesex,  $1,800.  1886,  166.  Second  eastern  Middlesex, 
$1,500.  1886,  123.  Third  eastern  Middlesex,  $2,200.  1882,  233. 
Fourth  eastern  Middlesex,  $1,200.  1882,' 233.  First  northern  Middle- 
sex, $1,000.  1889,  148.  First' southern  Middlesex,  $1,500.  1889,  12. 
Newburyport,  $1,200.  1882,  245.  Newton,  $1,250.  1890,  93.  East 
Norfolk,  $1,500.  1889,  263.  Southern  Norfolk,  $1,000.  1891,  273. 
Fourth  Plymouth,  $1,000.  1889,  281.  Roxbury,  $2,500.  1889,  217. 
Somerville,  $1,600.  1891,  161.  South  Boston,  $2,500.  1889,  242. 
Springfield,  $2,000.  1887,  171.  West  Roxbury,  $1,600.  1883,  111. 
Central  Worcester,  $3,000.  1888,  50.  First  eastern  Worcester,  $1,000. 
1884,  208.  Second  eastern  Worcester,  $1,200.  1889,  158.  First  north- 
ern Worcester,  $1,200.  1884,  215.  First  southern  Worcester,  $1,500. 
1890,  131.  Second  southern  Worcester,  $1,400.  1888,  173.  Third 
southern  Worcester,  $1,600.     1882,  245. 

Sect.  64.     Salaries  of  clerks  fixed  as  follows  :  — 

Central  Berkshire,  $800.  1882,245.  Northern  Berkshire,  $800.  1888, 
89.  Southern  Berkshire,  $500.  1887,  227.  Boston,  civil,  $3,000. 
1882,  245.  First  assistant,  $2,500.  1889,  39.  Second  assistant,  $2,000. 
1889,  143.  Third  assistant,  $1,000.  1889, 170.  Boston,  criminal,  $3,000  ; 
assistant,  $1,400.  1885,137.  First  Bristol,  $1,100.  1889,261.  Third 
Bristol,  $1,000.  1889,  41.  Brockton,  $800.  1885,  155.  Brookline, 
$500.  1888,  60.  Charlestown,  $1,300.  1887,  175.  Chelsea,  $1,000. 
1887,  117.  Chicopee,  $500.  1891,  78.  Dorchester,  $900.  1886,  124. 
East  Boston,  $1,400.  1886,  15.  First  Essex,  $1,300»  1882,  245. 
Fitchburg,  $1,000.     1891,71.     Gloucester,  $1,000.     1888,235.     Western 


Chap.   154.]  PuBLIO   STATUTES.  1277 

Hampden,  SoOO'.  1888,  88.  Hampshire,  S1,000.  1886,  106.  Haver- 
hill, 81,000.  1888,  55.  Holvoke,  81,350.  1887,  318.  Lawrence, 
$1,200.  1887,  208.  Lowell,  ^?  1,800.  1886,  307;  assistant,  81,000. 
1889,  152.  Marlborough,  8500.  1889,  19.  First  eastern  Middlesex, 
$1,300.  1886.167.  Second  eastern  Middlesex,  8900.  1891,107.  Third 
eastern  Middlesex,  81,400.  1886,  165.  Fourth  eastern  Middlesex,  8800. 
1887,  174.  First  northern  Middlesex,  8600.  1888,  214.  First  southern 
Middlesex,  8800.  1886,  156.  Newburyport,  $700.  1889,  277.  Newton, 
$700.  1886,  158.  Eastern  Norfolk,  8700  1888,  54.  Southern  Nor- 
folk, 8500.  1891,273.  First  Plymouth,  8600.  1883,57.  Third  Plym- 
outh, 8500'.  1889,  137.  Fourth  Plymouth,  8500.  1891,  190.  Roxbury, 
assistant,  81,000.  1889,  239.  Somerville,  81,000.  1887,  265.  South 
Boston,  81,400.  1882,  245;  assistant,  8600:  1887,  327.  Springfield, 
$1,400.  1889,  28.  West  Roxbury,  8800.  1889,  92.  Central  Worcester, 
$2,250.  1889,  83  ;  assistant,  81,000.  1882,  245.  Second  eastern  Worces- 
ter, 8600.     1889,  218.     First  northern  Worcester,  8800.     1885,  286. 

Salaries  of  constables  in  attendance,  fixed  as  follows  :  — 

Boston,  civil,  81,200.  1886,  130  ;  criminal,  81,500.  1888,  195.  Brigh- 
ton, 81,000.  1886,148.  Charlestown,  81,000.  1886,136.  East  Boston 
and  South  Boston,  81,100.  1882.  245.  Roxbury,  81,200.  1889,  174. 
West  Roxbury,  81,000.     1886,  148. 

The  clerk  of  the  fourth  district  court  of  Plymouth  is  allowed  his  travel- 
ling expenses  not  exceeding  8500.     St.  1884,  204. 

The  clerks  of  the  central  district  court  of  Worcester  and  of  the  Lowell 
police  court  are  allowed  not  exceeding  8500  for  extra  clerical  assistance. 
St.  1888,  146,  184.  And  the  clerk  of  the  first  district  court  of  eastern 
Middlesex  not  exceeding  8700.  St.  1889,  317.  And  the  clerk  of  the 
municipal  court  for  the  Charlestown  district  and  of  the  second  district 
court  of  Bristol  not  exceeding  8500  each.     St.  1889,  62,  206. 

Clerks  iiro  tempore  of  municipal,  police  and  district  courts  shall  receive 
pay  at  the  same  rate  as  the  permanent  clerk,  fourteen  days  being  paid  by 
the  county  and  any  excess  by  the  clerk.     St.  1888,  352. 

Chapter  155.  — Of  Jxistices  of  the  Peace  and  Trial  Justices. 

Sect.  3,  which  authorizes  them  to  summon  witnesses,  is  redrawn.  St. 
1885,  141. 

Sect.  4.  The  power  of  justices  authorized  to  issue  warrants  is  modified. 
St.  1884,  286. 

Sect.  7-11.  Provision  is  made  for  the  preservation  of  the  dockets, 
records  and  other  official  papers  of  trial  justices.     St.  1888,  211. 

Sect.  28.     The   appeal  now  runs  to  the  return  day.     St.  1885,  ,384,  §  5. 

Sect.  33.  No  bond,  recognizance  or  deposit  shall  be  required  where  the 
plaintiff  appeals  in  a  replevin  suit.     St.  1890,  224. 

Sect.  43-66.  Trial  justices  have  the  same  jurisdiction  to  sentence 
male  persons  to  the  Massachusetts  reformatory  which  district  courts  have. 
St.  1885,  356. 

Warrants  for  commitment  for  non-payment  of  fines  shall  designate  the 
town  where  the  offence  was  committed  and  the  uses  to  which  the  fine  is 
payable.     St.  1891,  416. 


1278  Changes  in  the  [Chap.  155. 

They  shall  have  jurisdiction  of  cases  under  chapter  57  relating  to  the 
sale  and  inspection  of  milk.     St.  1885,  149. 

Sect.  49.  Trial  justices  may  not  commit  children  under  twelve  to  a 
jail,  house  of  correction,  house  of  industry  or  state  workhouse,  except  for 
offences  punishable  by  imprisonment  for  life.     St.  1882,  127,  §  1. 

Sects.  63,  65.  If  the  appeal  is  from  a  sentence  to  pay  a  fine  and  costs 
or  either  of  them,  the  fees  of  the  jailer  shall  be  paid  b}'  the  appellant,  if 
after  the  appeal  is  withdrawn  he  pays  the  fine  and  costs.     St.  1890,  328. 

Sects.  67  et  seq.^  74,  75.  Provision  is  made  for  the  completion  of  unfin- 
ished business  before  trial  justices.     St.  1890,  202. 

Sect.  69.  The  treasurers  of  the  several  counties  shall  cause  proper 
dockets  and  blanks,  as  nearly  uniform  as  may  be,  to  be  printed  for  the  use 
of  trial  justices  and  police  and  district  courts  in  criminal  cases,  except  the 
East  Boston  district  court  and  the  Chelsea  police  court.     St.  1888,  285. 

Sect.  78  is  repealed.  Trial  justices  may  pay  over  money  in  their  hands 
four  times  a  year  and  make  returns  to  the  controller  of  accounts.  St. 
1887,  438.  Apportionment  of  fines  to  informants.  Sts.  1890,  440,  §  5  ; 
1891,  416. 

Chapter  156.  — Of  Probate  Courts. 

Any  act  or  proceeding  of  the  pi'obate  court  which  it  had  power  to  do  in 
the  first  instance  may  be  confirmed.     St.  1888,  420. 

Sect.  2.  The  probate  courts  are  given  exclusive  original  jurisdiction  of 
petitions  of  married  women  concerning  their  separate  estate,  and  of  peti- 
tions under  chapter  147  concerning  the  care,  custody,  education  and  main- 
tenance of  minors.  St.  1887,  332,  §  2.  And  jurisdiction  in  equity  in 
administration  of  estates  of  deceased  persons,  and  trusts  created  by  will. 
St.  1891,  415.  And  jurisdiction  in  questions  in  relation  to  the  collateral 
legacy  and  succession  tax.     St.  1891,  425,  §  14. 

Sect.  5-21.  Where  the  appeal  is  taken  to  the  superior  court  the  pro- 
ceedings shall  be  the  same  so  far  as  practicable  as  are  now  provided  in 
case  of  appeals  to  the  supreme  court.     St.  1890,  261,  §  3. 

Sects.  7,  8.  The  provisions  as  to  the  mode  of  entering  appeals  and 
giving  notice  are  revised.     St.  1888,  290,  §§  1,  2. 

Appeals  from  different  accounts  may  be  entered  as  one  or  may  be  con- 
solidated and  treated  as  one  by  the  court.     St.  1888,  290. 

Sect.  9.  The  power  to  allow  the  entry  of  appeals  from  the  probate 
court,  where  the  party  has  failed  to  claim  or  prosecute  an  appeal  without 
default  on  his  part,  is  given  to  the  superior  court,  in  cases  where  the  appeal 
runs  to  that  court.     St.  1890,  261,  §  2. 

Sect.  13.  Orders  as  to  the  separate  support  of  a  wife  are  to  be  made 
by  the  superior  court  instead  of  the  supreme  court.     St.   1890,  261,  §  1. 

Sects.  22,  23.  The  probate  judge  in  Suffolk  may  appoint  a  constable  of 
the  city  of  Boston  to  attend  his  court  and  serve  orders  and  precepts.  His 
salary  is  $1,300.     Sts.  1884,  140;   1887,  156. 

Attorneys  may  enter  their  appearance  for  their  clients  in  courts  of  pro- 
bate or  insolvency  and  all  notices  and  processes  served  upon  them  shall 
have  the  same  force  as  if  served  on  the  party.  Rules  may  be  made  requir- 
ing notice  of  an}'  motion,  hearing  or  other  proceeding.     St.  1890,  420. 


Chap.   156.]  PUBLIC   STATUTES.  1279 

Sect.  35.  In  probate  cases  expenses  as  well  as  costs  may  be  awarded. 
St.  1884,  131. 

Sect.  44.  The  limit  of  expense  of  recording  probate  proceedings  in 
Suffolk  is  $2,800.     Sts.  1884,  118;  1887,  217. 

Sect.  48.  When  the  regular  term  falls  on  a  legal  holiday  or  on  election 
day  it  shall  be  held  on  the  day  after,  and  notices  to  the  regular  term  shall 
be  deemed  to  be  then  returnable.     St.  1884,  141. 

In  Hampden  the  court  day  is  changed  from  Tuesday  to  Wednesday,  and 
a  session  at  Springfield  in  November  is  added,  and  four  days  are  given  to 
Holyoke.  '  St.  1884,  294. 

Four  sessions  of  the  probate  court  in  Hampshire  are  to  be  held  at  Ware. 
St.  1886,  145. 

The  session  for  the  county  of  Plymouth  held  on  the  fourth  Monday  of 
August  is  transferred  from  Middleborough  to  Wareham.     St.  1887,  63. 

Probate  courts  are  to  be  held  at  Plymouth  on  the  second  Monday  of 
every  month  except  August,  and  at  Brockton  on  the  fourth  Monday  of 
every  month  except  Julj'.     St.  1889,  237. 

Probate  courts  shall  be  held  for  Middlesex  at  Cambridge  on  the  first, 
second  and  fourth  Tuesdays,  and  at  Lowell  on  the  third  Tuesday  of  every 
mouth  except  August.     St.  1889,  182. 

A  session  is  to  be  held  at  Orange  for  the  county  of  Franklin  on  the 
fourth  Tuesday  of  September.     St.  1887,  46. 

Chapter  157. —Of  Courts  of  Insolvency. 

Provision  is  made  for  composition  with  creditors.  It  does  not  apply  to 
corporations.     St.  1884,  236  ;  amended  by  St.  1885,  353. 

Special  judgments  may  be  entered  in  cases  where  composition  proceed- 
ings are  held.     St.  1888,  405. 

In  composition  proceedings  the  notice  by  the  register  is  made  the  com- 
mencement of  the  proceedings.  The  discharge  dissolves  any  attach- 
ment made  within  four  months  prior  to  the  notice  by  the  register.  St. 
1889,  406,  §§  1,  2. 

Section  6  of  St.  1884,  236,  is  amended  so  that  the  debtor  may  file  a 
modification  of  his  proposal,  which  shall  be  considered  as  a  new  proposal, 
and  new  notice  shall  then  be  sent  to  the  creditors.     St.  1889,  406,  §  3. 

In  composition  proceedings,  further  time  is  given  for  the  proof  of  unse- 
cured claims.     St.  1890,  387. 

Sect.  19.  If  the  schedules  by  accident  or  mistake  are  not  delivered 
within  the  three  days,  they  may  be  afterwards.  Delay  or  omission  without 
fault  of  the  debtor  does  not  affect  his  right  to  a  discharge.     St.  1886,  290. 

Sect.  26.     Equitable  liabilities  may  be  proved.     St.  1884,  293. 

Sect.  36-91.  The  appeal  is  to  be  entered  at  the  next  return  day.  St. 
1885,  384,  §  5. 

Sect.  40.  Non-resident  assignees  must  appoint  an  agent  resident  here 
on  whom  service  maybe  made.     St.  1889,  313. 

Sect.  46.  Voluntary  assignments  are  made  valid  against  the  assignee 
in  certain  cases.     St.  1887,  340. 

The  trustees  in  voluntary  assignments  must  at  once  give  notice  to  all 
known  creditors.     St.  1887,  340,  §  2. 


1280  Changes  in  the  [Chap.  157. 

A  mortgage  recorded  more  than  four  months  after  its  date  is  not  valid 
against  the  assignee  of  the  mortgagor  appointed  in  proceedings  begun  after 
its  date  and  within  one  year  after  the  recording  thereof.     St.  1888,  393. 

Sect.  G4-6G.  Provision  made  for  case  of  death  of  assignee  before  set- 
tlement of  his  accounts  and  after  disposal  of  property.     St.  1891,  400. 

Sect.  68.  The  limit  of  number  of  the  officers  in  attendance  upon  the 
supreme  court  in  Suffolk  is  six.  The  county  pays  $1,300  of  their  salary 
and  the  state  8400.     St.  1890,  294. 

Sect.  70.  The  fees  of  witnesses  at  an  insolvent  debtor's  examination 
are  fixed.     St.  1890,  277. 

Sect.  80.  The  delay  or  omission  to  deliver  the  schedule  of  creditors  if 
without  fault  of  the  debtor  does  not  prevent  his  discharge.     St.  1886,  290. 

Special  judgments  may  be  entered  where  property  is  held  by  attachment, 
and,  if  the  discharge  is  not  granted  or  is  not  seasonably  asked  for,  scire 
facias  may  issue  for  the  remainder  of  the  debt.     St.  1885,  59. 

Sect.  84.  No  debt  or  claim  against  a  pledgee  ci*eated  by  an  unauthor- 
ized sale  of  the  collateral  shall  be  discharged.     St.  1885,  353,  §  6. 

Sect.  93  is  amended  by  omitting  the  clause  making  the  giving  of  pref- 
erences an  objection  to  a  discharge.     St.  188G,  322. 

Sect.  96  et  seq.  Any  mortgage,  pledge  or  payment  for  legal  services 
rendered  or  to  be  rendered  shall  be  valid  for  such  sum  as  the  court  shall 
deem  reasonable.     St.  1889,  420. 

Sect.  99.  If  the  debtor  is  absent  or  does  not  apply  for  an  allowance  it 
may  be  made  to  his  wife  or  minor  children.      St.  1888,  67. 

Sect.  102.  Accounts  of  assignees  in  insolvency  must  be  sworn  to  by 
the  assignees  or  one  of  them.     St.  1884,  126. 

Sect.  103.  Provision  is  made  for  the  investment  of  unclaimed  dividends 
in  the  name  of  the  judge.     St.  1883,  242. 

Sect.  112.  The  provision  that  the  debtor  petitioned  against  must  have 
resided  in  the  state  within  one  year  is  amended  by  omitting  the  words 
"within  one  year."  In  case  of  fraudulent  conveyance  of  real  estate  the 
petition  maybe  brought  within  ninety  days  after  it  is  recorded.    St.  1890,  431. 

Sect.  127.  Provision  is  made  for  the  repayment  of  the  deposit  when  it 
is  made  by  a  person  other  than  the  insolvent.     St.  1889,  417. 

Sects.  127-130,  136.  Provision  is  made  for  insolvency  proceedings  by 
and  against  foreign  corporations.     St.  1890,  321. 

Chapter  158.  —  Of  Judges  and.  Registers  of  Probate  and  Insolvency. 

Sect.  8.  Registers  shall  send  to  the  state  treasurer  within  thirty  days 
after  filing  a  copy  of  inventory  of  estates  subject  to  the  collateral  legacy 
and  succession  tax.     St.  1891,  425,  §  10. 

Sect.  23.  The  salary  of  the  judge  in  Middlesex  is  $4,000.  Sts.  1882, 
129;  1886,184;  1889,251.  In  Essex,  $3,500.  Sts.  1883,  244;  1888, 
112.  In  Bristol,  $2,500.  Sts.  1885,  165;  1889,  211.  In  Worcester, 
$3,000.  St.  1885,  275.  In  Dukes  county,  $600.  St.  1885,  318.  In 
Suffolk,  $5,000.  St.  1885,  203.  In  Plymouth,  $2,000.  St.  1886,  183. 
In  Hampden,  $2,500.  St.  1886,  189.  In  Barnstable,  $1,200.  St.  1887, 
166.  In  Norfolk,  $2,500.  St.  1887,  72.  In  Nantucket,  $600.  St.  1890, 
115.      In  Berkshire,  $1,600.     St.  1884,  192. 

Register  in  Berkshire,  $1,600.     St.  1884,  192. 


Chap.  158.]  PUBLIO   STATUTES.  1281 

Assistant  register  in  Suffolk,  ^2,800.  St.  1891,  91.  In  Essex,  $1,800. 
St.   1887,  273.     In  Worcester,  $1,800.     St.  1888,  152. 

Register  in  Hampden  county,  81,800.  St.  1884,  248.  Register  and 
assistant  register  in  Middlesex,  $2,200  and  $2,000  respectively.  St.  1891, 
318. 

Sects.  23,  24.  A  sum  not  exceeding  $2,000  additional  is  allowed  for 
clerical  assistance  in  Middlesex  county.  Sts.  1885,  304  ;  1890,  192.  In 
Worcester,  $1,350.  Sts.  1887,  39  ;  1889,  209.  In  Suffolk,  $3,300.  Sts. 
1885,  205  ;  1888,  280  ;  1889,  418.  In  Essex,  $1,000.  St.  1886,  114.  In 
Bristol,  $400.     St.  1889,  136. 

Sect.  24.     This  section  shall  not  apply  to  Suffolk.     St.  1885,  205. 


Chapter  159.  —  Of  Clerks,  Attorneys  and  Other  Ofiicers  of  Judicial 

Courts. 

Clerks  of  the  superior  court  and  of  the  municipal  court  of  Boston  may 
use  a  fac-simile  of  their  signatures  upon  writs,  summons,  orders  of  notice 
to  appear  and  orders  of  attachment,  but  not  on  executions.     St.  1885,  321. 

Sects.  8,  9.  A  third  assistant  clerk  of  the  superior  court,  civil  session, 
in  Suffolk  is  to  be  appointed  at  a  salary  of  $2,500.  St.  1888,  153.  A 
fourth  assistant  clerk  at  a  salary  of  $2,500.     St.  1889,  50. 

A  second  assistant  clerk  shall  be  ajDpointed  in  Middlesex  and  Essex. 
St.  1889,  1U444. 

Where  there  are  two  or  more  assistant  clerks,  they  need  not  add  first  or 
second  to  their  signatures.     St.  1889,  215. 

Sects.  6,  16.  The  county  commissioners  may  appoint  one  of  their  number 
clerk  2^ro  tern.     St.  1890,  198. 

Sect.  8.  The  salary  of  the  first  assistant  clerk  of  the  court  for  the  county 
of  Middlesex  is  $2,300.     St.  1890,  201. 

Sect.  27.  The  clerks  need  not  render  an  account  of  their  fees  to  the 
county  treasurer  in  January.     St.  1888,  257,  §  9. 

Sects.  27-30.  County  treasurers  shall  pay  no  fees  to  clerk  of  courts 
for  any  official  service  whatever.  Entry  fees  shall  not  be  paid  where  the 
state  or  county  is  the  real  plaintiff'.  They  are  payable  where  the  prosecu- 
tion is  under  city  or  town  by-laws  or  ordinances.  They  shall  be  taxed 
against  defendants.  The  clerk's  salary  shall  not  be  paid  until  he  has  paid 
over  all  fees.     St.  1890,  209. 

Sect.  28-30.  The  salaries  of  the  clerks  of  the  courts  in  the  counties 
are  established,  and  are  to  be  paid  by  the  county  treasurer,  and  shall  be  in 
full  for  all  services  performed  by  them.     St.  1888,  257,  §§  1,  2. 

Sects.  28,  29.  The  clerk  of  the  supreme  judicial  court  for  the  county  of 
Suffolk  is  given  a  salary  of  $5,000  and  must  pay  over  all  fees.  He  shall  act 
as  clerk  for  the  court  when  sitting  in  Boston  for  cases  from  other  counties, 
except  when  sitting  as  a  full  court,  and  for  this  receives  $1,500.    St.  1887,  291. 

The  books  and  accounts  of  the  clerks  are  determined.  St.  1888,  257,  §  4. 
'  In  Suffolk  all  court  (lues  and  fees  to  be  paid  to  the  city  of  Boston  or 
Suffolk  county  shall  be  accounted  for  on  oath  to  the  treasurer  on  or  before 
tenth  day  of  each  month.     St.  1891,  236,  §  1. 


1282  Changes  in  the  [Chap.  159. 

Sect.  31.  The  salaiy  of  the  first  assistant  clerk  of  the  superior  court 
for  civil  business  in  the  county  of  Suffolk  is  raised  from  S2,500  to  $2,600. 
St.  1887,  199.     Second  assistant  clerk  82,500.     St.  1885,  250. 

Salary  of  assistant  clerk  for  Worcester  county  is  82,300.     St.   1891,  92. 

Sect.  34.  The  provisions  relating  to  the  qualification  and  admission  to 
practice  of  attorneys-at-law  apply  to  women.     St.  1882,  139. 

The  fee  for  admission  to  the  bar  shall  be  five  dollars.     St.  1888,  257,  §  5. 

Sects.  34,  39.  Disbarred  attorneys  who  continue  to  practise,  and  per- 
sons falsely  representing  themselves  to  be  attorneys  at  law,  after  Jan.  1, 
1892,  are  punished.     St.  1891,  418. 

Sect.  44.  The  clause  forbidding  anj^  person  to  appear  as  counsel  or 
attorney  in  any  suit  determined  by  him  as  judge  or  trial  justice  is  extended 
to  any  proceeding,  civil  or  criminal.     St.  i884,  170. 

Sect.  50.  The  compensation  of  masters  and  special  masters  in  chancery 
and  of  assessors  appointed  by  the  court  is  paid  by  the  county.  St.  1883, 
216.  And  also  of  referees.  St.  1886,  51.  And  also  the  fees  of  arbi- 
trators under  chapter  188  upon  whose  awards  judgment  is  entered.     St. 

1887,  289. 

They  have  no  fees  unless  their  report  is  filed  within  ninety  days.     St. 

1888,  282. 

The  probate  court  may  appoint  auditors  in  certain  cases.     St.  1889,  311. 

Sect.  51.  The  fee  for  a  rule  to  an  auditor  shall  be  one  dollar.  St. 
1888,  257,  §  5. 

Sect.  56-63.  Provision  is  made  for  continuing  the  publication  of  the 
reports.  The  salary  of  the  reporter  is  $4,000,  and  the  price  of  the  reports 
is  reduced  to  $1.50  per  copy.     St.  1889,  471. 

Sect.  67.  The  number  of  officers  for  each  session  held  without  juries 
is  increased  from  two  to  three.  The  officers  appointed  under  this  section 
shall  have  the  power  to  serve  venires  for  jurors  and  the  processes  of  said 
court,  being  paid  their  actual  expenses.    They  shall  give  bond.    St.  1888,357. 

Sect.  68.  Deputies  in  attendance  on  the  supreme  judicial  court  in 
Suffolk,  not  exceeding  six  in  number,  are  paid  at  a  salary  of  81,700  instead 
of  84.50  per  (^ay  and  travel.     Sts.  1882,  232  ;  1886,  37  ;  1890,  294. 

Officers  in  attendance  upon  the  probate  courts  or  courts  of  insolvency 
are  included  in  this  section  and  paid  84.00  per  day  and  travel. .    St.  1887,  243. 

Additional  officers  are  paid  for  travel  and  service  actually  performed. 
St.  1882,  232. 

Sect.  69.  Officers  attending  the  superior  court  are  paid  81,500.  St. 
1882,  245,  §  3. 

The  deputy  sheriffs  and  constables  in  attendance  at  the  superior  and 
supreme  judicial  court  in  Suffolk  shall  wear  uniforms  for  which  they  are 
allowed  $100  annually.     Sts.  1888,  371  ;  1891,  181. 

Officers  and  messengers  of  the  superior  court  in  Suffolk  are  to  be  paid 
81,700.     St.  1886,  37. 

The  superior  court  may  appoint  official  stenographers  in  each  county. 
Their  duties  are  defined.     They  may  be  removed.     St.  1885,  291. 

The  provision  for  stenographers  in  Suffolk  is  revised.     St.  1887,  24. 

The  fees  and  salaries  of  the  official  stenographers  are  increased.  Sts. 
1887,  74;   1889,  324. 


Chap.   160.]  PUBLIO    STATUTES.  1283 


Chapter  160.  —  Special  Provisions  Respecting  Coxii'ts  and  the  Admin- 
istration of  Justice. 

Sect.  4.  When  Christmas  falls  ou  Simday  the  courts  are  not  opeu  on 
the  day  following.     St.  1882,  49. 

The  first  Monday  of  September,  labor's  holiday,  is  made  a  legal  holiday. 
St.  1887,  263. 

Sect.  8-10.  The  laws  as  to  naturalization  are  revised  and  jurisdiction 
given  to  the  lower  courts.     St.  1885,  345. 

If  the  applicant  for  naturalization  does  not  live  in  the  district  of  any 
police,  municipal  or  district  court  having  a  seal  and  a  clerk,  he  may  apply 
to  such  court  held  nearest  to  the  town  in  which  he  resides.  Sts.  1886,  203  ; 
1891,  419. 

Sect.  9.     This  section  is  repealed. 

Sect.  9-10.  Primary  declarations  may  be  filed  at  any  time,  and  the 
oath  administered  at  the  time  of  filing.     Sts.  1886,  45  ;  1891,  180. 

The  returns  of  naturalization  made  to  the  secretary  need  not  be  printed. 
St.  1887,  36. 


Chapter  161.  —  Of  the    Commencement  of  Actions  and  the  Service 

of  Process. 

Sect.  1.  The  venue  of  equity  suits  is  the  same  as  that  of  transitory 
actions.     St.  1883,  223,  §  13. 

Sect.  1-12.  The  supreme  judicial  and  superior  courts  are  given  power 
in  certain  cases  to  change  the  venue  of  actions.     St.  1887,  347. 

Sect.  10.  The  motion  for  removal  may  be  filed  within  thirty  days  after 
the  day  for  appearance.     St.  1885,  384,  §  14. 

Sect.  13.  A  fac-simile  of  the  clerk's  signature  may  be  used  on  writs 
and  orders,  except  executions.     St.  1886,  13. 

Sect.  13  et  seq.  Justices  of  the  supreme  or  superior  courts  may  order 
writs  or  other  process  to  be  issued  by  the  clerk  of  the  county  where  he  is 
sitting,  instead  of  by  the  clerk  of  that  in  which  the  cause  is  pending.  St. 
1886,  223. 

Sect.  23.  Writs  are  to  be  made  returnable  on  the  first  Monday  of  each 
month,  terms  being. abolished.     St.  1885,  384,  §§  1,  2. 

Sect.  27.  Writs  run  to  a  return  day  instead  of  a  term.  St.  1885, 
384,  §  5. 

Sect.  38-60.  The  right  to  attach  the  property  of  newspaper  offices  is 
regulated  and  limited.     St.  1890,  377. 

Sect.  62.  The  copies  of  the  writ,  etc.,  where  an  attachment  of  real 
estate  is  made,  are  to  be  deposited  in  the  registry  of  deeds  in  all  cases, 
instead  of  in  the  clerk's  office  in  some  counties.     St.  1889,  401. 

Sect.  122  et  seq.  Bonds  to  dissolve  attachments  must  contain  an  addi- 
tional provision  for  special  judgments  in  cases  of  composition.    St.  l-SiSH,  405. 

Sects.  123,  124,  125.  Where  the  principal  is  discharged  in  insolvenc}', 
in  proceedings  begun  within  four  months,  it  discharges  the  sureties.  St. 
1889,  470. 


1284  Changes  in  the  [Chap.  162. 


Chapter  162.  — Of  Arrest,  Imprisonment  and  Discharge. 

Upon  the  beginning  of  any  proceeding  under  chapter'162,  and  the  acts 
in  amendment  thereof  and  supplementary  thereto,  in  any  police,  district  or 
municipal  court,  an  entry  fee  of  three  dollars  shall  be  paid  in  lieu  of  all 
fees  now  required.     St.  18U1,  3 18. 

All  notices,  certificates,  and  other  processes  where  the  court  has  a  clerk 
shall  be  under  the  seal  of  the  court,  signed  by  the  clerk  and  bear  teste  of 
the  justice.     St.  1889,  415,  §  2. 

Sects.  17,  18,  25,  27,  28,  31,  34,  54.  Courts  of  record  or  police,  dis- 
trict or  municipal  courts  or,  except  in  the  county  of  Suffolk,  trial  justices 
are  given  exclusive  jurisdiction  of  poor  debtor  proceedings,  except  that 
masters  in  chancery  and  commissioners  may  take  recognizances.  St. 
1888,419. 

Sect.  18-20.  The  same  steps  and  notice  of  examination  must  be  had 
where  the  other  charges  in  section  17  are  made  which  are  now  provided  for 
the  first  charge.     St.  1887,  442,  §§1,2. 

Sect.  18.  The  notices  may  be  served  by  any  officer  qualified  to  serve 
civil  process.     St.  18^9,  415,  §  1. 

Sects.  18,  19.  When  debtor  is  entitled  to  notice  of  application  for  a 
certificate  authorizing  his  arrest,  the  affidavit  required  ma^^  be  made  at  any 
time  before  the  certificate  is  issued.     St.  1891,  407. 

Sect.  20.  The  expiration  of  the  time  for  the  return  of  the  original 
execution  does  not  interrupt  the  proceedings,  but  an  arrest  may  be  ordered 
upon  an  alias.  If  the  time  expires  after  the  order  and  before  the  arrest,  a 
certified  copy  of  the  certificate  is  to  be  attached  to  the  alias.  St.  18S9, 
415,  §  3. 

Certain  payments  and  transfers  of  property  after  the  service  of  the  notice 
and  pending  the  proceedings  thereon  are  a  contempt  of  court.  Sts.  1888, 
419,  §  3;   1890,  128. 

Sect.  27  et  seq.  There  shall  be  no  unreasonable  delay  in  acting  on  the 
part  of  the  court.  No  appeal  is  allowed  except  as  provided  in  this  chapter. 
St.  1888,  419,  §  12. 

If  the  aiTest  is  made  when  the  court  is  not  in  session,  and  the  debtor 
does  not  wish  to  give  bail  or  recognize,  he  may  be  delivered  to  the  keeper 
of  the  jail,  who  detains  him  until  the  next  coming  in  of  the  court  and  then 
re-delivers  him  to  the  officer.     St.  1889,  415,  §  5. 

Sect.  28.  Amount  of  recognizance  reduced  to  the  amount  of  the  execu- 
tion, or  of  the  ad  damnum  in  the  writ.     St.  1891,  271. 

Sects.  32,  34.  A  debtor  shall  not  suffer  default  by  reasou  of  the  absence 
or  disability  of  the  magistrate  if  a  new  notice  is  issued  within  three  days. 
St.  1887,  442,  §§  3,  4. 

Sect.  33.  "Where  a  discharge  is  refused  no  new  notice  or  application 
can  be  made  until  the  expiration  of  seven  days  from  the  hour  of  such 
refusal.     St.  1888,  419,  §  8. 

Sect.  36.  Provision  is  made  for  the  confinement  of  the  person  arrested 
pending  his  examination.     St.  1889,  415,  §  4. 

The  fees  of  the  court,  magistrate  and  officer  are  fixed.  All  fees  received 
by  the  justice  or  clerk  of  any  court  are  to  be  accounted  for.  St.  1889, 
415,  §§  6,  7. 


Chap.  162.]  PuBLIC   STATUTES.  1285 

Sect.  68.  The  fees  are  changed  and  the  mode  of  their  recovery.  They 
are  to  be  accounted  for.     St.  1888,  419,  §  13. 

Chapter  163.  —  Of  Bail. 

Sect.  12.  The  bail  is  also  discharged  on  paying  costs  if  the  principal 
dies.     St.  1884,  260. 

Chaptei'  164. —Of  Proceedings  against  Absent  Defendants  and  upon 

InsuflS.eient  Service. 

Sect.  6.  When  real  estate  of  a  non-resident  is  attached  notice  must  be 
given  him  within  one  year  or  the  suit  must  bie  dismissed.     St.  1884,  268. 

Sect.  7.  A  default  is  entered  on  failure  to  appear  within  ten  days  after 
the  day  specified  in  the  notice.     St.  1885,  384,  §  8. 

Chapter  167. —  Of  Pleading  and  Practice. 

Terms  of  the  courts  are  abolished,  but  sittings  shall  be  held  when  and 
where  the  terms  are  now  appointed.  The  courts  are  always  open.  Return 
days  for  writs  and  other  processes  are  established  on  the  first  Monda}'  of 
every  month.  The  practice  of  the  courts  is  adapted  to  these  changes. 
St.  1885,  384. 

All  civil  actions  except  replevin  may  be  begun  by  bill  or  petition,  and 
such  relief  maybe  given  as  the  case  requires.     St.  1887,  383. 

Claimants  may  be  summoned  in  and  the  parties  required  to  interplead. 
St.  1886,  281. 

Sect.  2-10.  The  form  for  declaring  for  the  recovery  of  interest  is 
established.     St.  1890,  398. 

Sect.  9.  Instead  of  the  failure  to  file  declaration  being  a  discontinuance, 
the  action  may  be  dismissed  on  motion.     St.  1885,  384,  §  6. 

Sect.  17.  Any  matter  which  in  equity  would  entitle  the  defendant  to 
be  absolutely  relieved  from  the  plaintiff's  claim  may  be  alleged.  St.  1883, 
223,  §  14. 

Sect.  24.  Equitable  defences  may  be  relied  on  in  reply  to  the  defendant's 
answer.     St.  1883,  223,  §  14. 

Sect.  43.  The  superior  court  retains  jurisdiction  although  the  action 
may  be  changed  to  equity.     St.  1883,  223,  §  17. 

Sects.  46,  47  are  repealed  and  new  provisions  as  to  defaults  are  substi- 
tuted.    St.  1885,  384. 

Sect.  67.  When  there  are  two  or  more  shire  towns  the  shire  town  at 
which  an  action  shall  be  tried  may  be  designated  at  the  term  of  entry  and 
then  it  shall  not  be  tried  elsewhere  nor  costs  given  for  terms  held  elsewhere. 
St.  1882,  264. 

The  parties  may  agree  that  an  action  shall  not  be  tried  before  a  certain 
day  or  that  it  shall  be  passed  and  afterwards  restore  it  to  the  list.  Sts. 
1884,  304;   1890,  154. 

A  daily  trial  list  for  the  civil  session  of  the  superior  court  in  Suffolk 
must  be  printed.  No  case  can  be  put  on  after  twelve  o'clock  and  no  case 
postponed  after  two,  except  b}'  order  of  the  court.     St.  1889,  459. 

An  attorney  of  record  in  the  supreme   or  superior  courts  when  actually 


1286  Changes  ix  the  [Chap.  167. 

engaged  in  the  trial  of  a  cause,  shall  not  be  obliged  to  proceed  to  the  trial 
of  any  other  cause  unless  it  appears  to  the  court  that  it  is  just  and  reason- 
able.    St.  1890,  451. 

-  Sect.  90.  Police  courts  also  may  order  the  defendant  to  file  an  answer. 
St.  1886,  6i. 

District  court  of  Hampshire  added.     St.  1891,  139. 

Chapter  169.  —  Of  Witnesses  and  Evidence. 

Sect.  1.  Every  clerk  of  a  court  of  record  may  issue  subpoenas  in  all 
cases,  but  a  justice  of  the  peace  only  in  civil  cases,  unless  requested  by  the 
prosecuting  officer  or  the  party  prosecuted,  and  in  the  latter  case  it  must  be 
expressed  in  the  subpoena.     St.   1884,  247,  is  repealed.     St.    1885,   141. 

Sects.  7,  8.  The  board  of  police  commissioners  may  call  witnesses 
before  them,  and  if  they  do  not  attend,  the  chairman  may  issue  a  warrant. 
St.  1882,  267. 

Justices  of  the  supreme  or  superior  courts  may  compel  witnesses  to  ap- 
pear before  special  tribunals  which  have  power  to  summon  but  not  to  com- 
pel their  attendance.     St.  1883,  195. 

Sects.  2-8,  41.  Where  the  adverse  party  does  not  appear  to  defend,  no 
notice  of  the  taking  of  depositions  and  no  exhibition  of  interrogatories  is 
required.     St.  1883,  188. 

Sect.  54.  In  case  of  depositions  in  2')SW^tuam  memoriam  of  parties 
without  the  state,  the  court  shall  order  reasonable  notice  to  non-resident 
parties  interested.     St.  1882,  140. 

Sect.  70.  Copies  of  the  records,  books  and  accounts  of  savings  banks 
verified  by  affidavit  are  made  evidence.     St.  1885,  92. 

Sects.  69,  70.  Provision  is  made  for  the  proof  of  rules  of  boards  of 
aldermen,  ordinances  of  cities  and  by-laws  of  towns  and  of  records  of  cities 
and  towns.     St.  1889,  387. 

Chapter  170.  —  Of  Juries. 

Sect.  6.  List  of  jurors  in  Nantucket  county  may  include  one  for  every 
thirty  inhabitants.     St.  1891,  131. 

Sect.  10.  No  venires  for  jurors  for  the  supreme  judicial  court  in  Barnstable 
shall  issue  unless  there  is  some  case  for  trial  by  jury.     St.  1889,  173. 

Sect.  24.  Special  regulations  are  established  for  the  preparation  of  the 
jury  list  in  Boston.     St.  1888,  123. 

Sect.  35.  Jurors  may  be  examined  by  the  parties  or  their  attorneys 
under  the  direction  of  the  court.     St.  1887,  149. 

Chapter  171.  —  Of  Judgment  and  Execution. 

New  provisions  are  made  as  to  the  time  of  entering  judgment.  St. 
1885,  384. 

Sects.  17,  24.  Special  judgments  in  insolvency  cases  are  regulated. 
A  general  execution  may  be  issued  or  the  plaintiff  may  have  scire  facias 
where  the  defendant  fails  to  obtain  a  discharge  or  unreasonably  delays  to 
prosecute  the  proceedings.     St.  1885,  59. 


Chap.   171.]  PuBLIC    STATUTES.  1287 

Sects.  52,  53.  Provision  is  made  for  a  record  or  seizure  in  cases  where 
the  levy  is  suspended  on  account  of  a  prior  attachment.     St.  1887,  407. 

Sect.  54  is  repealed.  In  case  of  sickness  or  absence  of  the  officer  serv- 
ing the  execution,  he  or  the  judgment  creditor  may  delegate  another  officer 
to  act.     St.  1885,  125. 

Chapter  172.  —  Of  the  Levy  of  Execution  on  Real  Estate. 

Sect.  30.  Execution  sales  where  the  sale  is  restrained  may  be  adjourned 
until  the  further  order  of  the  court  granting  the  injunction.  On  the  final 
determination  of  the  injunction  the  court  may  order  the  sale  to  proceed  and 
further  notice  to  be  given.     St.  1884,  175. 

Sect.  49.  The  right  of  redemption  is  extended  to  lands  set  off  as  well 
as  those  sold.     St.  1886,  86. 

Chapter  175.  — Of  the  Summary  Process  for  the  Recovery  of  Land. 

Sects.  6,  7,  8.  A  bond  instead  of  a  recognizance  is  to  be  given  in  all 
cases.     St.  1888,  325. 

Chapter  176.  — Of  Petitions  for  the  Settlement  of  Title. 

After  possession  for  twenty  years  by  the  mortgagor  he  may  apply  to  the 
supreme  court,  and  if  it  appears  that  there  has  been  no  act  of  recognition 
during  that  time,  any  action  is  barred.     Sts.  1882,  237  ;   1885,  283. 

Provision  is  made  for  determining  the  validity,  nature  and  extent  of  con- 
ditions, restrictions,  reservations,  stipulations  and  agreements  more  than 
thirty  years  old  which  appear  of  record  and  affect  the  title  to  land.  St. 
1889,  442. 

The  petition  may  be  filled  by  any  person  or  persons  having  a  freehold 
estate,  vested  or  contingent,  in  possession,  reversion  or  remainder  in  the 
land  or  in  any  part  of  it  or  any  interest  which  may  become  a  freehold,*  and 
by  any  person  who  has  conveyed  with  covenants  of  warranty.  Defects 
arising  under  different  mortgages  may  be  set  out  in  the  same  petition. 
St.  1890,  427. 

Chapter  178.  —  Of  the  Partition  of  Land. 

Sects.  2,  9,  75  are  extended  so  that  land  lying  in  different  counties  may 
be  divided  in  one  proceeding.     St.  1888,  346. 

Sect.  13.  The  affidavit  for  removal  may  be  filed  within  thirty  days  after 
the  day  for  appearance.     St.  1885,  384,  §  14. 

Sect.  45  et  seq.  Probate  courts  may  make  a  partial  division  setting  off  to 
the  petitioner  his  share  and  allowing  the  residue  to  remain  in  common. 
St.  1885,  293. 

Sect.  51.  The  notice  of  the  petition  is  to  be  published  in  "  such  news- 
paper or  newspapers,"  instead  of  in  ''  newspapers."     St.  1882,  55. 

Sect.  63  is  amended  as  stated  in  the  published  edition  of  the  Public 
Statutes.     St.  1882,  6,  §  2. 

Sect.  64-75.  Provision  is  made  for  the  partition  of  land  where  there 
are  estates  for  life  or  terms  for  years,  a  trustee  being  appointed  to  hold 
any  money  coming  from  such  partition  and   pay  over  the  income  to  the 


1288  Changes  en"  the  [Chap.  178. 

tenant  and  the  principal  to  the  remainderman  when  the  first  estate  ceases. 
St.  1887,  286. 

Sect.  69.  Partition  is  not  defeated  because  a  party  has  paid  a  mort- 
gage, lien,  tax,  or  other  incumbrance,  which  the  other  parties  are  entitled  to 
redeem,  but  the  decree  shall  contain  terms  of  redemption,  which  must  be 
performed  before  final  judgment.     St.  1889,  468. 

Chapter  180.  —  Of  Actions  for  Private  Nuisances. 

Certain  fences  and  other  like  structures  are  declared  private  nuisances. 
St.  1887,  348. 

Chapter  181. —  Of  the  Redemption  and  Foreclosure  of  Mortgages. 

Sect.  17.  The  notice  of  sale  under  a  mortgage  of  real  estate,  if  there  is 
no  newspaper  in  the  town,  may  be  given  in  some  newspaper  in  the  county. 
St.  1882,  75. 

Sect.  27.  But  the  mortgagee  may  proceed  with  any  sale  already  adver- 
tised unless  the  amount  due  is  paid  into  court  or  the  sale  enjoined.  St. 
1888,  433. 

Chapter  183.  — Of  the  Trustee  Process. 

Sect.  7.  No  trustee  writ  issued  by  a  trial  justice  shall  be  made  return- 
able more  than  thirty  days  after  its  date.     St.  1887,  33. 

Sect.  10.  Appearance  and  answer  must  be  within  ten  days  from  the 
return  day  of  the  writ.     St.  1885,  384,  §  9. 

Sect.  33.  The  wages  or  lay  of  seamen  on  contracts  hereafter  made  are 
not  attachable.     St.  1886,  194. 

The  wages  or  lay  due  or  accruing  to  a  fisherman  are  not  exempt.  St. 
1890,  289. 

Sect.  34.  The  funds  of  railroad  relief  societies  are  not  liable  to  trustee 
process.     St.  1886,  125. 

Sect.  38.  The  claimant  is  given  an  execution  for  the  amount  due  him 
with  costs,  and  the  trustee  is  held  for  the  remainder.  A  trustee  who  has 
been  defaulted  is  discharged  for  any  amount  which  he  may  have  paid  on 
the  original  execution,  and  is  liable  to  the  claimant  only  for  the  rest.  The 
provision  as  to  proceedings  under  ch.  161,  §§  80,  82,  83,  is  omitted.  St. 
1888,  345. 

Sect.  73.  When,  pending  the  trustee  process,  the  defendant  sues  the  trus- 
tees, the  costs  in  such  suit  are  in  the  discretion  of  the  court.     St.  1883,  62. 

Chapter  184.  —  Of  the  Replevin  of  Property. 

In  case  of  appeal  from  the  lower  courts  no  bond,  recognizance  or  deposit 
shall  be  required  where  the  appeal  is  by  the  plaintiff.     St.  1890,  224. 

Chapter  185.  —  Of  Habeas  Corpus  and  Personal  Replevin. 

Sect.  18  is  amended  as  stated  in  the  published  edition  of  the  Public 
Statutes.     St.  1882,  6,  §  3. 


Chap.   187.]  PUBLIC    STATUTES.  1289 


Chapter   187.  —  Of  Writs  of  Error  and  Writs  of  and  Petitions  for 

Review. 

Sect.  39.  A  stay  of  execution  may  be  ordered  without  security  when 
the  petitioner  had  no  actual  knowledge  of  the  action  before  judgment  was 
entered.     St.  1882,  249. 

Bonds  to  prosecute  review  must  have  a  provision  for  special  judgments 
in  cases  of  composition  with  creditors.     St.  1888,  405. 

Chapter  188.  —  Of  Reference  to  Arbitration. 

The  fees  of  arbitrators  appointed  under  this  chapter  upon  whose  awards 
judgment  is  entered  are  paid  by  the  county.     St.  1887,  28'J. 

Chapter  189.  — Of  Improving  Meadows  and  Swamps. 
Sect.  15.     "Return  day"  is  substituted  for  "court."     St.  1885,  384,  §  5. 

Chapter  190.  — Of  Mills,  Dams  and  Reservoirs. 

?  Sect.  53  et  seq.  County  commissioners  may  examine  reservoirs  and 
dams  upon  their  own  judgment,  and  proceed  as  if  application  had  been 
made  to  them.     St.  1891,  315. 

Chapter  191.  —  Of  Liens  on  Buildings  and  Land. 

Sect.  12.  This  section,  providing  that  the  petition  may  be  inserted  in 
a  writ,  is  repealed.     St.  1888,  344,  §  4. 

Sect.  13.  The  words  "  whether  filed  as  a  petition  or  inserted  in  a  sum- 
mons" are  struck  out.     St.  1888,  344,  §  1. 

Sect.  17.  Where  parties  are  absent  or  cannot  be  served  with  notice, 
the  petition  shall  stand  continued  until  such  notice  shall  be  given  as  the 
court  or  justice  shall  direct.     St.  1888,  344,  §  3. 

The  provision  for  notice  to  the  owner  of  the  land  and  the  debtor  is 
changed  ;  the  form,  the  mode  of  service  and  the  fees  are  established.  The 
order  may  be  made  by  the  justice  of  the  court  as  well  as  the  clerk.  St. 
1888,  344,  §  2. 

Sect.  42.  Persons  to  whom  a  debt  would  be  payable  if  it  were  not  for 
a  lien,  may  dissolve  such  lien  by  a  bond.     St.  1890,  383. 

Sect.   45.     Creditor's  attorney  may  discharge  lien.     St.  1891,  244. 

Chapter  192.  — Of  Mortgages,  Conditional  Sales,  Pledges  and  Liens 
on  Personal  Property. 

Sects.  1,  2  are  repealed  and  two  new  sections  are  substituted.  The 
mortgage  must  be  recorded  within  fifteen  days  from  the  date  written 
therein.  If  it  must  be  recorded  in  two  places,  the  second  record  must  be 
within  ten  days  of  the  first.  The  mortgage  is  not  good  except  between  the 
parties  until  so  recorded,  and  a  record  after  the  time  fixed  is  void.  St. 
1883,  73. 

Sect.  10-12.  Debts  or  claims  against  a  pledgee  created  by  an  unauthor- 
ized sale  of  the  collateral  are  not  discharged  in  insolvency.     St.  1885,  353. 


1290  Cha:n^GES   in   the  [Chap.  192. 

Sect.  13.  Conditional  sales  of  furniture  or  household  goods  are  regu- 
lated.    St.  1884,  313. 

Sect.  24.  Courts  in  the  county  where  the  petitioner  has  his  usual  place 
of  business  as  well  as  where  he  resides  are  given  jurisdiction.     St.  1888,  46. 

Chapter   195.  — Of  the  Collection   of  Claims    against   the  Common- 
wealth. 

Sects.  1 ,  7.  The  superior  court  is  given  jurisdiction  of  all  claims  against 
the  Commonwealth,  whether  at  law  or  in  equity,  except  those  mentioned  in 
section  7,  but  they  shall  be  subject  to  set-off  or  recoupment,  as  if  the  Com- 
monwealth was  a  private  individual.     St.  1887,  246. 

Chapter  197.  —  Of  the  Limitation  of  Personal  Actions. 

Actions  to  recover  forfeitures  for  selling  liquor  to  a  minor  are  limited  to 
two  years.     St.  1889,  390. 

Chapter  198.  — Of  Costs  in  Civil  Actions. 

Sect.  25  is  repealed.  Appeals  from  taxation  of  costs  by  the  clerk,  if 
during  the  term,  shall  be  heard  by  the  justice  before  adjournment.  St. 
1882,  235. 

Sect.  28.  The  term  fees  which  are  allowed  to  the  prevailing  party  are 
limited.     St.  1882,  264. 

Chapter  199.  — Of  the  Fees  of  Certain  Oflaeers. 

In  all  criminal  cases,  if  the  justice  or  magistrate  deems  the  complaint 
unfounded,  frivolous  or  malicious,  he  may  refuse  all  fees  to  the  person 
making  the  complaint.     St.  1890,  440,  §  13. 

Sect.  2.  In  police,  district  and  municipal  courts  no  court  fees  shall  be 
allowed  in  any  criminal  case.     St.  1890,  256. 

Sects.  2,  3.  The  fees  of  trial  justices  are  changed  and  the  mode  of 
approval  and  certification.     Sts.  1890,  353  ;  1891,  325. 

Sect.  4.  In  lieu  of  entry,  clerks'  term  fees,  the  fee  for  taxing  costs 
and  issuing  execution,  or  any  order  or  process,  except  alias  or  renewed 
executions,  a  fee  of  three  dollars  shall  be  paid  in  advance,  and  the  same 
fee  in  criminal  cases  in  lieu  of  entry  and  all  other  clerks'  fees  ;  and  no 
entry  shall  be  made  until  said  fee  is  paid.  Sts.  1888,  257,  §  3  ;  1890, 
360;  1891,  87. 

Where  the  record  will  be  of  unusual  length,  the  prevailing  party  may  be 
ordered  to  pay  a  sum  in  addition  to  the  entry  fee.     St.  1888,  257,  §  7. 

The  clerks  shall  collect  all  fees  in  advance.     St.  1888,  257,  §  8. 

Clerks'  term  fees  are  abolished.     St.  1889,  433. 

The  fees  of  officers  for  travel  to  summon  witnesses  in  criminal  cases 
under  twenty  miles  are  raised.  The  distance  is  computed  from  the  most 
distant  place  of  service  to  the  place  of  return.  When  the  officer  has  not 
actually  travelled  the  distance,  the  court  may  reduce  the  amount.  St. 
J  882,  215. 


Chap.   199.]  PuBLIC   STATUTES.  1291 

Sect.  9.  In  the  service  of  criminal  precepts  the  officer  is  allowed  fifteen 
cents  a  mile  for  a  horse  and  carriage  if  he  uses  his  own,  and  the  sum  actu- 
ally expended  if  he  uses  those  of  another,  but  he  must  make  certificate  of 
the  necessity  and  the  distatfce  travelled  and  sum  paid.     St.  1885,  254. 

Sect.  15  is  repealed.  Appraisers  may  be  allowed  what  is  just  and  rea- 
sonable instead  of  one  dollar  per  day.     .St.  1886,  135. 

Sect.  14.  Witnesses  before  the  court  of  insolvency  or  at  an  insolvent 
debtor's  examination,  except  the  debtor,  are  allowed  the  same  fees  as 
before  the  probate  court,  unless  fraudulent  conduct  is  charged  and  proved 
against  them.     St.  1890,  277. 

Sect.  34.  The  fees  of  salaried  officers  and  others  and  the  expenses  of 
criminal  cases  are  regulated.     Sts.  1890,  440  ;  1891,  325. 

Chapter  202.  —  Of  Offences  against  the  Person. 

Sect.  27  is  repealed.  The  age  of  consent  in  case  of  rape  is  raised  from 
ten  years  to  fourteen.     Sts.  1886,  305  ;  1888,  391. 

Chapter  203.  —  Of  Offences  against  Property. 

False  statements  of  the  distance  which  the  person  intends  to  travel  when 
hiring  a  horse,  or  of  the  distance  actually  travelled,  or  refusal  to  pay  the 
hire,  are  made  a  crime.     St.  1882,  236. 

Sects.  10,  11.  Minimum  penalties  are  fixed,  for  burglary  armed,  ten 
years  ;  unarmed,  if  the  offender  has  been  convicted  of  any  offence  named 
in  these  sections,  five  years.     St.  1888,  135. 

Sect.  20.  If  property  not  exceeding  one  hundred  dollars  in  value  is 
stolen  from  a  common  carrier,  the  penalty  is  imprisonment  not  exceeding 
three  years  or  a  fine  not  exceeding  five  hundred  dollars.     St.  1889,  458. 

Sect.  21.  Mutilation  of  a  will  is  added  to  the  crimes  named  in  this 
section.     St.  1890,  391. 

Sect.  40.  Embezzlement  by  agents,  clerks,  etc.,  shall  include  embez- 
zlement by  officers  of  voluntary  associations  and  societies.     St.  1884,  174. 

Sects.  20,  40.  Embezzlement  of  the  property  of  voluntary  associations 
is  made  a  crime.  The  name  by  which  they  are  generally  known  is  a  suffi- 
cient description.     St.  1886,  328. 

Sect.  56  is  extended  to  agents,  clerks,  or  servants  or  officers  of  persons 
and  firms,  and  to  the  omission  to  make  a  true  entry.     St.  1885,  223. 

Sects.  58,  59.  Fraudulent  use  of  the  insignia  of  the  grand  army  of  the 
republic  or  of  the  loyal  legion  is  made  an  offence.  St.  1887,  67.  Or 
insignia  of  sons  of  veterans  or  woman's  relief  corps.     St.  1891,  15. 

Sects.  63,  64.  The  labels,  stamps  and  trade-marks  of  labor  and  trade 
associations  are  also  protected.     St.  1890,  104. 

Sect.  79.  Detaining  without  cause  books,  etc.,  taken  from  public 
libraries  is  punished.     St.  1883,  77. 

The  mutilation  of  maps,  newspapers,  magazines,  pamphlets  and  manu- 
scripts is  also  punished,  and  incorporated  libraries  are  included.  St. 
1883,  81. 

Sect.  99.  A  person  may,  by  notice,  prohibit  shooting  or  trapping  on 
his  land,  and  game  artificially  propagated  on  such  land  is  his.  St.  1884. 
308. 


1292  Changes  in  the  [Chap.  203. 

This  section  which  forbids  trespass  upon  enclosed  or  improved  land  is 
revised  and  extended.     St.  1890,  410. 

Whoever  enters  land  with  firearms  with  intent  to  fire  them  and  who,  after 
being  requested  to  leave  said  land  remains,  is  punished.     St.   1890,  403, 

§  1. 

Whoever  tears  down  or  defaces  any  notice  warning  persons  not  to  tres- 
pass is  punished.     St.  1890,  403. 

Wilful  trespass  on  lands  appurtenant  to  prisons  or  houses  of  correction, 
disturbance  of  such  institution  or  communication  with  the  inmates  is  made 
a  crime.     St.  1885,  303. 

Sect.  101.  The  tearing  down,  removal  or  defacing  of  a  town  warrant, 
list  of  voters  or  jurors,  or  other  legal  notice,  is  punished.     St.   1883,   156. 

Municipal,  district  and  police  courts  are  given  concurrent  jurisdiction 
with  the  superior  court  of  malicious  injuries  to  personal  property  where  the 
value  is  not  alleged  to  exceed  one  hundred  dollars.  The  penalty  is  estab- 
lished.    St.  1887,  293,  §  2. 

Sect.  103.  The  malicious  defacing  of  milk  cans  is  punished.  St.  1885, 
133. 

Sect.  106.  The  fine  for  injury  to  the  properly  of  the  Humane  Society 
is  increased  to  two  hundred  dollars,  and  the  imprisonment  to  six  months. 
One-half  the  fine  is  given  to  the  informant.     St.  1889,  399. 

Sects.  107,  108,  109.  The  wilful  or  negligent  setting  of  fires  is  made 
a  crime.     St.  1886,  296,  §  1. 

Whoever  wantonly  and  recklessly  sets  fire  to  any  material  which  causes 
the  injury  or  destruction  of  growing  or  standing  wood  is  punished.  St. 
1882,  163. 

Wilful  or  wanton  destruction  by  a  convict  of  state  property  at  the  state 
prison  may  be  punished.     St.  1891,  295. 

Chapter  205.  —  Of  Offences  against  Public  Justice. 

Procuring  a  fraudulent  divorce  out  of  the  state  and  unlawfully  issuing 
certificate  of  divorce  are  made  offences.     Sts.  1886,  342  ;  1891,  59. 

Commitments  for  contempt  may  be  made  to  any  jail,  and  the  process 
may  be  served  by  the  sheriff  to  whom  it  is  directed  in  other  counties  as  well 
as  in  his  own.     St.  1886,  224. 

Interference  with  police  signal  systems  is  made  an  offence.     St.  1888,  291. 

Sects.  9,  10  extended  to  county  and  municipal  oflicers  and  to  speech 
work  or  service  in  connection  with  matters  before  them  and  to  requests  for 
gifts,  etc.     St.  1891,  349. 

Chapter  207.  — Of  Offences  against    Chastity,    Morality    and    Good. 

Order. 

The  exhibition  of  persons  deformed  is  forbidden.     St.  1884,  99. 

Unnatural  and  lascivious  acts  are  made  criminal  and  the  form  of  the 
complaint  or  indictment  is  fixed.     St.  1887,  436. 

Sect.  2  is  amended  so  as  to  cover  not  only  the  purpose  of  prostitution 
but  of  unlawful  sexual  intercourse.  Giving  drugs  or  other  things  for  pur- 
poses of  sexual  intercourse,  intercourse  with  idiotic  or  imbecile  women  or 


Chap.  207.]  PuBLIC   STATUTES.  1293 

girls,  and  inducing  any  person  under  eighteen  years  old  to  have  such  unlaw- 
ful intercourse  are  punished.  The  owner  or  person  in  control  of  premises 
wlio  suffers  or  induces  any  girl  under  the  age  of  twenty-one  to  be  upon  the 
pi-emises  for  the  purpose  of  unlawful  intercourse  is  punished.  The  evidence 
of  one  witness  must  be  corroborated  and  prosecutions  must  be  commenced 
within  one  year.     St.  1886,  329. 

Sending  any  woman  or  girl  to  enter  as  an  inmate  or  as  a  servant  any 
house  of  ill-fame  is  made  an  offence.  Proprietors  or  keepers  of  employ- 
ment offices  who  personally  or  through  an  employee  send  any  woman  or 
girl  to  enter  any  house  of  ill-fame  as  aforesaid,  the  character  of  which 
could  have  been  ascertained  on  reasonable  inquiry,  are  punished.  Detain- 
ing or  attempting  to  detain  or  administering  any  drug  for  the  purpose  of 
detaining  any  woman  or  girl  in  such  house  is  made  a  crime.  St.  1888, 
311. 

Sect.  9.  Where  death  is  alleged  to  have  resulted  from  an  unlawful 
attempt  to  produce  a  miscarriage,  the  dying  declarations  of  the  woman 
shall  be  admissible  in  evidence.     St.  1889,  100. 

Sect.  15.  The  sale  or  distribution  to  minors  of,  or  employment  of  minors 
to  distribute,  papers  devoted  to  criminal  news  or  reports  of  crime  is  pun- 
ished.    St.  1885,  305. 

This  section  is  extended  to  include  books  and  the  like  manifestly  tending 
to  the  corruption  of  the  morals  of  youth.     St.  1890,  70. 

Sects.  25,  26,  27  and  28  are  repealed  and  new  provision  made  as  to  pro- 
ceedings and  punishments  in  cases  of  drunkenness.     St.  1881,  427. 

Sect.  28.  Keeping  any  place  for  opium  smoking,  the  selling  or  giving 
away  opium  at  such  place,  or  resorting  to  it  to  smoke,  is  made  a  crime. 
St.  1885,  73. 

Sects.  29,  42.  Rogues,  vagabonds,  vagrants  and  others  named  in  these 
sections  may  be  sent  to  the  state  workhouse  as  tramps  now  are  under  sec- 
tion 38.    'St.  1884,  258. 

Male  persons  committing  the  offences  named  in  these  sections  may  be 
sentenced  to  the  reformatory  for  not  less  than  one  year  and  not  more  than 
two  years.     St.  1885,  365,  §  1. 

Sect.  34.  Persons  disorderly  or  indecent  in  speech  or  behavior  on 
public  conveyances  are  punished.     St.  1883,  102. 

The  wilful  disturbance  of  persons  in  a  public  library  or  reading-room  is 
punished.     St.  1885,  225. 

Sect.  50  Whoever,  without  authority,  removes  any  flowers,  flags  or 
memorial  tokens  from  any  grave,  tomb,  monument  or  burial  lot  is  pun- 
ished.    St.  1888,  395. 

Sect.  52.     The  docking  of  the  tails  of  horses  is  forbidden.     St.  1889,  267. 

The  fines  collected  in  prosecutions  for  cruelty  to  animals  on  complaint 
or  information  of  any  ofhcer  or  agent  of  the  Society  for  the  Prevention  of 
Cruelty  to  Animals  shall  be  paid  to  said  society,  less  expense  of  prosecu- 
tion as  determined  by  the  court.     St.  1891,  ;)04. 

Sect.  69.  This  section  is  repealed  and  a  substitute  enacted  extending 
the  provisions  against  discrimination  in  public  places  on  account  of  race  or 
color.     St.  1885,  316. 


129:1:  Changes  in  the  [Chap.  208. 


Chapter  208.  —  Of  Offences  against  Public  Health. 

The  sale  of  clothing  made  in  unhealthy  places  is  punished.     St.  1891,  357. 

The  manufacture  or  sale  of  any  drug  or  article  of  food  which  is  adul- 
terated is  punished.  Adulteration  is  defined.  Such  compounds  as  are 
recognized  as  ordinary  articles  of  food  or  drink  are  exempt  if  so  marked. 
Provision  is  made  for  analyzing  samples.  Sts.  1882,  263  :  1884,  289  ; 
1886,  171. 

The  manufacture  or  sale  of  any  toys  or  confectionery  containing  arsenic 
is  punished.     St.  1891,  374. 

The  state  board  may  expend  annually  in  enforcing  the  laws  against 
adulterations  not  exceeding  $11,500,  of  which  three-fifths  must  be  for  en- 
forcing the  laws  against  adulterations  of  milk.  St.  1891,  319.  They  must 
report  the  prosecutions  and  an  itemized  account  of  the  expenditures.  St. 
1884,  289,  §  1  ;  1891,  319. 

They  may  make  investigations  as  to  arsenic  in  any  article  offered  for  sale 
and  shall  be  furnished  saiuples.     St.  1891,  374. 

The  sale  or  gift  of  any  cigarette,  snuff  or  tobacco  to  persons  under  six- 
teen years  of  age  is  forbidden.     St.  1886,  72. 

The  feeding  of  garbage,  refuse  or  offal,  or  the  possession  of  it  with  intent 
to  feed  it  to  any  milch  cows,  is  punished.     St.  1889,  326. 

The  regulations  as  to  the  sale  of  poisons  are  revised.     St.  1888,  209. 

Chapter  209.  — Of  Offences  against  Public  Policy. 

Property  shall  not  be  sold  or  exchanged  by  the  inducement  of  any  gift. 

St.  1884,  277. 

Chapter  209a.  —  Of  Habitual  Criminals. 

Provision  is  made  for  the  punishment  of  habitual  criminals.    St.  1887,  435. 
Provision  is  made  for  the   registration   and   identification   of    criminals. 

St.  1890,  316. 

Chapter  212.  — Of  Search  "Warrants,  Rewards,  Arrests,  Examination, 
Commitment,  Bail  and  Probation. 

Children  under  twelve,  not  accused  of  offences  punishable  by  imprison- 
ment for  life,  nor  truants,  are  not  to  be  arrested  until  they  neglect  to  appear 
on  summons,  nor  to  be  committed  in  default  of  bail,  nor  on  sentence.  St. 
1882,  127. 

Sect.  2.  Warrants  may  also  issue  to  search  for  pool  tickets  or  other 
materials  unlawfully  made,  provided  or  procured  for  the  purpose  of  buying 
or  selling  pools.     St.  1885,  342,  §  2. 

Search  warrants  may  also  issue  to  search  for  personal  property  insured 
against  fire  removed  or  concealed  to  cheat  or  defraud  an  insurance  company. 
St.  1890,  284. 

Property  so  seized  shall  be  held  and  disposed  of  as  the  court  may  order. 
St.  1890,  452. 

Sects.  2,  9.  Gaming  apparatus  seized  under  section  2,  clause  7,  is  to 
be  sold  or  disposed  of  under  section  9.     St.  1885,  66. 


Chap.  212.]  PuBLIC    STATUTES.  1295 

Sect.  16.  A  summons  shall  issue  instead  of  a  warrant,  "  unless  there 
is  reason  to  believe  that  the  accused  will  not  appear  upon  a  summons." 
St.  1890,  225. 

Sects.  17,  20.  Warrants  and  other  criminal  process  may  be  directed  to 
and  served  by  any  officer  in  any  county.     St.  1886,  247. 

Sect.  26.  The  court  or  justice,  on  adjourning  a  trial  or  examination 
where  the  offence  is  punishable  with  death  or  imprisonment  for  life,  may 
bind  over  the  government  witnesses  according  to  sections  37-41  of  this 
chapter;  the  fee  is  twenty  cents.     St.  1885,  136. 

Where  a  trial  justice  adjourns  an  examination  or  trial,  and  then  fails  to 
appear,  another  justice  may  complete  the  proceedings.  The  records  are  to 
be  made  up  by  the  justice  rendering  the  final  decision.     St.  1883,  175. 

Sect.  51.  The  latter  clause  of  this  section,  forbidding  justices  to  receive 
compensation  for  taking  bail,  is  repealed.     St.  1885,  135. 

Sect.  68  is  repealed.  The  person  ordered  to  recognize  may  deposit  the 
money  with  any  officer  authorized  to  take  his  recognizance,  instead  of 
being  restricted  to  the  magistrate  or  clerk  of  the  court  ordering  it.  St. 
1882,  134. 

Sect.  74-78  repealed  and  new  provisions  made  as  to  probation  officers. 
St.  1891,  356.     See  St.  1891,  427. 

Chapter  213.  — Of  Indictments,  Prosecutions  and.  Proceedings  before 

Trial. 

Sect.  17  is  repealed.  The  form  of  complaints  and  indictments  on  special 
statutes,  ordinances  and  by-laws  of  cities  and  towns,  orders  of  the  mayor 
and  aldermen  or  rules  of  any  public  board  is  regulated.     St.  1886,  53. 

So  for  embezzlements  from  voluntary  associations.     St.  1886,  328,  §  2. 

Sects.  15,  30.  The  charge  for  the  support  of  such  insane  person  at  the 
hospital  to  which  he  is  committed,  or  at  any  institution  to  which  he  may  be 
transferred,  is  paid  by  the  state.     Sts.  1883,  148  ;  1889,  90. 

Sect.  28.  Superior  court  substituted  for  supreme  judicial  court.  St. 
1891,  379,  §  11. 

Sect.  33-35.  Police  officers  may  serve  and  return  subpoenas  when 
requested  by  the  district  attorney.     St.  1890,  440,  §  6. 

Chapter  214.  —  Of  Trials  and  Proceedings  before  Judgment. 

Sect.  1 .  A  list  of  criminal  cases  for  trial  is  made  compulsory,  instead 
of  discretionary  with  the  court.     St.  1884,  193. 

The  order  of  the  trial  list  must  be  observed,  unless  otherwise  ordered  by 
the  court  for  cause  shown.     St.  1889,  432. 

Sects.  19,  20.  The  charge  for  the  support  of  such  insane  person  at  the 
hospital  to  which  he  is  committed,  or  at  any  institution  to  which  he  may  be 
transferred,  is  paid  by  the  state.     Sts.  1883,  148  ;  1889,  90. 

Chapter  215.— Of  Judgment  and  Execution. 

Warrants  for  commitment  for  non-payment  of  fines  must  designate  the 
town  or  city  where  the  offence  was  committed,  and  the  uses  to  which  the 
fine  is  payable.     St.  1891,  416. 


1296  Changes  in  the  [Chap.  215. 

Convicts  punishable  by  imprisonment  in  the  house  of  correction  may  be 
sent  to  jail  instead,  and  those  undergoing  sentence  may  be  removed  from 
one  to  the  other.     St.  1882,  241. 

Sentences  to  imprisonment  for  successive  terms  are  allowed.  St.  1884, 
265. 

Sect.  15.  But  the  same  term  of  imprisonment  may  be  imposed  as  if  the 
sentence  were  to  be  executed  in  the  state  prison.     St.  1889,  113. 

Skct.  22.  A  prisoner  in  Massachusetts  reformatory  prison  may  be  sent 
forthwith  to  state  prison  or  house  of  correction  on  conviction  of  offence 
punishable  by  imprisonment  therein.      St.  1891,  199. 

Chapter  216.  — Of  Fire  Inquests. 

This  chapter  is  repealed  and  the  law  as  to  fire  inquests  is  revised.  St. 
1889,  451. 

In  a  city  where  there  is  no  board  of  fire  engineers,  the  chief  of  fire  depart- 
ments shall  have  the  powers  and  duties  of  such  board  under  St.  1889,  451  ; 
St.  1891,  229. 

Salaried  officers  are  allowed  no  fees  with  certain  exceptions.  St.  1890, 
440. 

Chapter  217. —Of  Fines,  Forfeitures  and  Costs. 

The  fees  of  salaried  officers  and  others  and  the  expenses  of  criminal 
cases  are  regulated.     Sts.  1890,  440  ;  1891,  325,  392,  416. 

No  costs  are  to  be  taxed  against  defendants  in  criminal  cases.  The 
persons  to  whom  fines  are  payable  are  determined.  Sts.  1890,  440  ;  1891, 
325,  416. 

The  expense  of  serving  the  mittimus  shall  be  deemed  a  part  of  the  ex- 
pense of  prosecution.  The  copy  left  when  the  prisoner  is  committed  shall 
contain  a  detailed  statement  of  the  fees  for  commitment.     St.  1890,  328. 

Sect.  8.  Instead  of  copies  of  bills  of  costs  being  transmitted  they  may 
be  entered  on  a  schedule  which  shall  be  transmitted  to  the  treasurer,  who 
shall  pay  the  persons  entitled.     St.  1888,  257,  §  6. 

Sects.  8  and  9,  which  provide  for  the  taxation,  certification  and  pay- 
ment of  fines  and  costs  and  their  payment  to  the  county  treasurer,  are 
revised.     Sts.  1890,  218;  1891,  236. 

Sect.  13,  which  provides  for  semi-annual  returns  by  the  sheriff  is 
repealed.     St.  1890,  218. 

Sect.  14.  Method  of  accounting  for  moneys  received  under  this  section 
established.     St.  1891,  416,  §  3. 

Sect.  15  repealed.     St.  1891,  416,  §  3. 

Sect.  18.  No  child  under  twelve  can  be  imprisoned  except  on  charges 
punishable  by  imprisonment  for  life  or  for  truancy,  but  must  be  committed 
to  the  custody  of  the  state  board  of  health.     St.  1882,  127. 

Chapter  218.  —  Of  Fugitives  from  Justice  and  Pardons. 

Sect.  6  is  repealed.  Expenses  of  requisitions  are  paid  by  the  county  unless 
the  governor  orders  a  part  or  all  to  be  paid  by  the  state.     St.  1886,  267. 

Sect.  14.  Where  the  condition  of  a  pardon  is  broken  and  the  convict 
is  remanded  to  serve  out  the  residue  of  his  sentence,  if  he  is  then  serving 


Chap.   218.]  PuBLIC    STATUTES.  1297 

another  sentence  his  confinement  is  to  begin  from  the  expiration  of  that. 
St.  1882,  197. 

Chapter  219.  —  Of  the   Commissioners  of  Prisons. 

The  commissioners  may  transfer  prisoners,  except  those  confined  for 
capital  crimes,  to  hospitals  for  surgical  treatment.  The  time  of  their  sen- 
tence runs  while  there.     St.  1882,  207. 

Sect.  3.  The  salary  of  the  secretary  of  the  commissioners  of  prisons  is 
$2,500.      St.  1886,  275. 

The  commissioners  of  prisons  may  expend  for  clerical  assistance  a  sum 
not  exceeding  $2,500  annually.     St.  1888,  328. 

Sect.  4.  They  may  transfer  prisoners  between  the  jails,  the  reform- 
atory, and  the  houses  of  correction.     Sts.  1882,  241  ;   1887,  375. 

Prisoners  may  be  removed  from  the  state  farm  to  any  house  of  correction 
and  returned  to  the  state  farm.     St.  1890,  278. 

The  grading  and  classifying  of  prisoners  in  the  state  prison  directed. 
St.  1891,  372. 

Sect.  6.  Vagrants  or  tramps  may  also  be  removed  to  the  state  work- 
house under  this  section.     St.  1885,  35,  §  1. 

Sect.  14.  The  number  of  prisoners  wdio  may  be  employed  in  certain 
occupations  is  limited.  Sts.  1883,  217;  1887,  447,  §  8;  1888,  403,  §  2; 
1891,  371. 

Sects.  17,  18.  These  sections  which  relate  to  the  employment  of  con- 
victs in  the  state  prison  and  the  reformatory  prisons  are  repealed.  St. 
1888,  403,  §  6. 

Sect.  26-30.  Aid  is  provided  for  female  prisoners  whose  cases  are  dis- 
posed of  without  sentence.     St.  1886,  177. 

The  commissioners  may  expend  for  aiding  discharged  female  prisoners 
a  sum  not  exceeding  three  thousand  dollars  annually.     St.  1888,  417. 

Sect.  26  et  seq.  The  commissioners  may  provide  offices  in  Boston  for 
the  agents  for  aiding  discharged  prisoners.     St.  1887,  336. 

The  commissioners  of  prisons  may  expend  two  thousand  dollars  more 
for  the  assistance  of  prisoners  discharged  from  the  Massacliusetts  reform- 
atory.    St.  1887,  395. 

There  may  be  advanced  to  the  commissioners  of  prisons  under  St.  1884, 
179,  for  aiding  prisoners  discharged  from  the  Massachusetts  reformatory,  a 
sum  not  exceeding  five  hundred  dollars  at  any  time.  P'rom  it  prisoners 
removed  to  other  institutions  and  discharged  may  also  be  assisted.  St. 
1888,  322. 

Sects.  26,  27.  The  commissioners  of  prisons  may  employ  two  additional 
agents  to  aid  discharged  prisoners.  These  agents  shall  also  obtain  infor- 
mation for  the  commission  in  regard  to  prisoners.     St.  1887,  315. 

Sect.  27.  The  limit  of  the  salary  of  the  ngent  for  aiding  discharged 
female  prisoners  is  8775,  and  is  paid  from  the  state  treasury  instead  of  from 
the  appropriation  for  aiding  discharged  fenuxle  prisoners.     St.  1888,  330. 

Se<'T.  32.  County  treasurers  to  make  report  of  jail  expenses  and  receipts 
on  blanks  furnished  by  commissioners.     St.  I'S'.ll,  1.S7. 

Sect.  34.  The  heads  of  police  and  others  making  arrests  are  required 
to  make  monthly  reports.     St.  1<S82,  226,  §  2. 


129S  Changes  in  the  [Chap.  219. 

Sects,  34,  35.  The  blanks  for  the  returns  of  criminal  business  made  by 
clerks  of  courts  and  other  officers,  under  these  sections,  are  furnished  by 
the  commissioners  of  prisons,  who  prescribe  the  form.     St.  1882,  226,  §  1. 

Sect.  36,  prescribing  the  form,  is  repealed.     St.  1882,  226,  §  3. 

Sect.  39.  $2,500  allowed  for  clerical  assistance  of  the  commissioners. 
St.  1888,  328. 

Chapter  220.  —  Of  Jails   and  Houses  of  Correction. 

Any  authority  or  control  given  by  this  chapter  to  the  county  commis- 
sioners, or  to  the  board  of  directors  of  public  institutions  of  the  city  of 
Boston,  over  matters  connected  with  the  employment  of  prisoners  in  any 
house  of  correction,  is  transferred  to  the  general  superintendent  of  prisons 
and  the  master  of  such  bouse  of  correction.     St.  1888,  403,  §  8. 

In  ever}'  city  of  over  thirty  thousand  inhabitants  one  police  station  or 
more  must  be  designated  as  stations  for  the  detention  of  women,  and  police 
matrons  must  be  appointed  whose  duties  are  defined.     St.  1887,  234. 

The  provisions  of  St.  1887,  234,  shall  apply  to  cases  where  women  are 
taken  to  or  received  at  a  police  station  for  detention  or  lodging  as  well  as 
to  women  arrested.     St.  1888,  181. 

Sect.  2.  The  sheriff  may  remove  prisoners  at  his  discretion  between 
jails  and  houses  of  correction.     St.  1882,  241,  §  2. 

Sect.  36.     The  requirement  of  whitewashing  is  struck  out.    St.  1886,  226. 

Sect.  40.  The  number  of  prisoners  who  may  be  employed  in  certain 
trades  is  limited.  Sts.  1883,  217;  1887,  447,  §  8;  1888,  403,  §  2; 
1891,  371. 

Contract  labor  in  the  prisons  is  forbidden.  Labor  in  them  is  regulated. 
A  general  superintendent  of  prisons  is  to  be  appointed  who  shall  have 
general  charge  of  the  labor  in  prisons.     St.  1887,  447. 

Contracts  for  the  manufacture  of  articles  by  the  piece,  under  the  piece- 
price  system,  are  not  forbidden.     St.  1888,  22. 

The  master,  warden  and  superintendent  must  establish  and  maintain  the 
trades  and  industries  fixed  upon  under  St.  1887,  447.     St.   1888,  403,  §  1. 

They  may  renew  old,  or  purchase  new  machinery  for  such  trades  and 
industries.     St.  1891,  228. 

The  purchase  of  tools,  implements  and  materials  and  the  sale  of  manu- 
factured goods  are  provided  for.     St.  1888,  403,  §  3. 

Suits  with  reference  to  contracts  under  the  acts  relating  to  the  employ- 
ment of  prisoners  ma}^  be  referred  to  arbitrators  appointed  by  the  county 
commissioners.     St.  1888,  403,  §  4. 

No  provision  for  the  emploj'meut  of  prisoners  upon  the  piece-price  plan 
shall  be  made  except  with  the  approval  of  the  general  superintendent  of 
prisons.     St.  1888,  403,  §  5. 

A  prisoner  in  any  state  institution  shall  not  be  emploj'ed  outside  the 
precincts  of  such  institution  in  an}'  mechanical  or  skilled  labor  for  private 
parties.     St.  1891,  209. 

Sect.  49.     Clerical  errors  corrected.     St.  1882,  6,  §  4. 

Sect.  50.  Escapes  from  officers  who  have  taken  prisoners  to  perform 
labor  on  any  public  land  are  made  escapes  from  prison  and  punished. 
St.  1882,  198. 


Chap.  220.]  PUBLIC   STATUTES.  1299 

Sects.  6Q,  68.  All  the  provisions  as  to  persons  released  und  ersection 
68  are  applied  to  section  66.     St.  1884,  152,  §  4. 

Sect.  68.  Any  violation  of  permits  to  be  at  liberty  issued  to  a  prisoner 
of  itself  renders  them  void,  and  an  order  of  arrest  and  recommitment  may 
issue.  The  time  during  which  he  has  been  at  liberty  shall  not  be  taken  to 
be  any  part  of  the  term  of  his  sentence.     St.  1884,  152,  §§  1,  2. 

Sect.  69  applies  to  St.  1891,  356,  §  7. 


Chapter   221.  — Of  the    State   Prison   and    Reformatory   Prison    for 

"Women. 

Contract  labor  is  forbidden.  Label*  is  regulated.  A  general  superin- 
tendent of  prisons  is  to  be  appointed  who  shall  have  charge  of  the  labor. 
St.  1887,  447. 

The  warden  of  the  state  prison  and  the  superintendent  of  the  reforma- 
tories must  establish  and  maintain  the  industries  fixed  upon  under  St.  1887, 
447.  St.  1888,  403,  §  1.  May  renew  old  or  purchase  new  machinery  for 
same.     St.  1891,  228. 

The  superintendent  of  the  Massachusetts  reformatory  and  the  general 
superintendent  of  prisons  are  charged  with  the  duty  of  establishing  indus- 
tries, instead  of  the  commissioners.     St.  1888,  403,  §  7. 

Contracts  for  the  manufacture  of  articles  by  the  piece  under  the  piece- 
price  system  are  not  forbidden.     St.  1888,  22. 

No  provision  shall  be  made  for  the  employment  of  prisoners  upon  the 
piece-price  plan  except  with  the  approval  of  the  general  superintendent  of 
prisons.     St.  1888,  403,  §  5. 

The  purchase  of  tools,  implements  and  materials  and  the  sale  of  manu- 
factured goods  are  regulated.     St.  1888,  403,  §  3. 

The  number  of  persons  who  may  be  employed  is  regulated.  Sts.  1888, 
403,  §  2;   1891,  371. 

A  reformatory  for  men  is  established.     St.  1884,  255,  331. 

Sentences  to  the  reformatory  are  not  to  be  for  any  fixed  time.  In  certain 
stated  cases  the  convict  may  be  detained  two  years,  and  in  all  others  five 
years.     St.  1886,  323. 

No  person  shall  be  sentenced  to  the  Massachusetts  reformatory  who  is 
above  forty  years  of  age  or  who  has  been  previously  sentenced  more  than 
three  times  to  fine  or  imprisonment.     St.  1888,  49. 

The  prison  commissioners  may  remove  any  person  held  under  sentence  at 
the  state  workhouse  to  the  Massachusetts  reformatory.  The  provisions  of 
St.  1884,  255,  apply  to  such  removal.     St.  1885,  35,  §  2. 

The  commissioners  of  prisons  may  remove  prisoners  from  the  Massa- 
chusetts reformatory  to  the  state  farm  for  the  remainder  of  their  sentences, 
and  the  board  of  lunacy  and  charity  then  have  the  same  authority  over  them 
that  the  commissioners  would  have  had.     St.  1887,  292. 

Trial  justices  may  sentence  to  the  reformatory  prison.     St.  1885,  356. 

Persons  convicted  of  drunkenness  and  vagrancy  under  207,  §§  27,  29,  42, 
may  be  sent  to  the  reformatory  prison.     St.  1885,  365.     See  St.  1891,  427, 

The  illicit  conveyance  of  articles  to  or  from  the  Massachusetts  reforma- 
tory is  prohibited.     St.  1887,  339, 


1300  Changes  in  the  [Chap.  221. 

Prisoners  may  be  removed  from  the  state  prison  to  the  state  farm  and 
returned  to  the  state  prison.     St.  1890,  180. 

Sect.  1 .  The  state  prison  is  removed  from  Concord  to  Boston.  St.  1884, 
25.5,  §  1. 

Sects.  6,  7  are  repealed.     St.  1882,  203,  §  4. 

The  list  of  officers  of  the  Massachusetts  reformatory  is  revised,  and  their 
salaries  are  established.     St.  1889,  408. 

The  list  of  officers  of  the  state  prison  is  revised,  and  their  salaries  are 
established.     St.  1889,  412.  • 

Where  there  is  a  disagreement  between  the  warden  and  commissioners 
as  to  the  removal  of  an  officer  the  warden  may  appeal  to  the  governor  and 
council.     St.  1887,  3.55. 

A  subordinate  who  is  nnfaithful  or  incompetent  or  who  uses  intoxicating 
liquor  as  a  beverage  shall  be  removed.     St.  1890,  267. 

The  person  now  designated  as  instructor  of  the  reformatory  shall  be 
named  the  chaplain.     St.  1890,  255. 

Sect.  26.  Grading  and  classifying  of  the  prisoners  directed.  St. 
1891,  372. 

Sect.  27.  The  clause  forbidding  the  employment  of  a  convict  in  print- 
ing is  repealed.     St.  1888,  189. 

Sect.  30.  Instead  of  instruction  in  reading  and  writing  for  one  hour, 
schools  maybe  maintained  for  the  prisoners.     St.  1886,  197. 

Sect.  43.  A  burial  place  for  the  reformatory  prison  at  Sherborn  may 
be  purchased.     St.  1882,  213. 

Prisoners  may  be  employed  on  land  appurtenant  to  the  prison.  Escapes 
or  attempts  to  escape  from  the  prison,  or  the  land  adjacent  to  the  prison, 
are  punished,  and  the  first  district  court  of  southern  Middlesex  is  given 
concurrent  jurisdiction  of  such  offence.     St.  1885,  94. 

Female  convicts  in  the  United  States  courts  are  confined  to  the  reforma- 
tory prison  for  women.     St.  1887,  426. 

Sect.  43  et  seq.  The  commissioners  of  prisons  shall  have  the  same 
rio"ht  to  release  from  or  return  to  jail,  house  of  correction  or  the  Boston 
house  of  industry  a  prisoner  transferred  thereto  from  the  reformatory 
prison  for  women  which  they  would  have  had  if  she  had  not  been  so  trans- 
ferred.    St.  1888,  192. 

Sect.  44.  The  office  of  treasurer  and  steward  at  the  reformatorj'  prison 
is  abolished  and  the  duties  transferred  to  the  superintendent.  He  may 
appoint  a  steward.     St.  1883,  267. 

The  office  of  school  mistress  is  abolished.  The  duties  are  transferred  to 
the  chaplain.     St.  1884,  43,  §§  1,  2. 

Sect.  45.  In  case  of  the  absence  or  inability  of  the  superintendent,  or 
of  a  vacancy,  the  deputy  superintendent  acts.  A  superintendent  pro 
tempore  may  be  appointed.     St.  1883,  267. 

Sect.  47.  The  salary  of  the  deput}^  superintendent  of  the  reformatory 
prison  for  w^omen,  is  to  be  fixed  by  the  commissioners  of  prisons,  not  to 
exceed  $800.     St.  1884,  43,  §  2. 

The  salary  of  the  superintendent  is  $2,000,  and  of  the  clerk  $800.  St, 
1887,  341. 

The  salaries  of  matrons,  deputy  matrons  and  assistant  matrons  are  sev- 
erally increased  $50.     St.  1888,  327. 


Chap.   221.]  PuBLIC    STATUTES.  1301 

Sect.  52.  Any  violation  of  a  permit  to  be  at  liberty  issued  to  a  prisoner 
sball  of  itself  make  void  said  permit,  and  an  order  of  arrest  and  recommit- 
ment may  issue.  Tbe  time  during  wbich  be  bas  been  at  liberty  sball  not  be 
taken  to  be  any  part  of  tbe  time  of  bis  sentence.     St.  1884,  152,  §§  1,2. 

Tbe  time  wben  a  permit  to  be  at  liberty  under  St.  1884,  255,  §  33, 
voted  by  tbe  commissioners  of  prisons,  sball  issue  to  a  prisoner  beld  in  tbe 
Massachusetts  reformatory  may  be  decided  by  a  committee  or  by  tbeir 
secretary.     St.  1888,  317. 

Bills  for  tbe  maintenance  of  said  institutions  and  for  the  pay-rolls  of 
officers  and  employees  must  also  be  approved  by  a  majority  of  tbe  commis- 
sioners.    St.  1889,  294. 

Sects.  54,  55.  Tbe  commissioners  of  prisons  are  not  required  to  approve 
bills  with  reference  to  the  labor  of  prisoners,  nor  they  nor  tbe  governor 
and  council  to  approve  contracts  with  reference  to  such  labor.  St.  1888, 
403,  §  7. 

Sects.  54-58,  60.  Tbe  provisions  as  to  the  treasurer  and  steward  now 
apply  to  the  superintendent.     St.  1883,  267. 

Wilful  or  wanton  destruction  of  state  property  at  the  state  prison  by  a 
convict  may  be  punished.     St.  1891,  295. 

Chapter  222.  —  Special  Provisions  Concerning  Penal  and  Other  Public 

Institutions. 

Prisoners  or  inmates  of  institutions  suffering  from  syphilis  sball  be 
placed  under  medical  treatment  and  may  be  isolated.     St.  1891,  420,  §  1. 

Sect.  10.  Any  prisoner  confined  in  the  Massachusetts  reformatory  who 
becomes  insane  may  be  removed  to  one  of  the  state  lunatic  hospitals,  and 
on  bis  recovery  recommitted  to  tbe  reformatory.     St.  1885,  320. 

Sect.  17.  Where  a  poor  convict  bas  been  confined  three  months  for 
non-payment  of  fine  or  costs,  if  there  is  no  police  or  district  court  in  the 
county,  tbe  jailer  sball  make  a  report  thereof  to  a  trial  justice,  who  shall 
have  authority  to  bear  the  matter  and  discharge  such  convict.    St.  1882,  201. 

Sect.  20.  An}'  violation  of  a  permit  to  be  at  liberty  issued  to  a  prisoner 
sball  of  itself  make  void  such  permit,  and  an  order  of  arrest  and  recommit- 
ment may  issue.  The  time  during  wbich  be  has  been  at  liberty  sball  not  be 
taken  to  be  any  part  of  the  time  of  his  sentence.     St.  1884,  152,  §  2. 

This  section,  providing  for  records  of  conduct  and  deductions  from  sen- 
tences, does  not  apply  to  persons  hereafter  sentenced  to  the  reformatory. 
St.  1886,  323,  §  7. 

Sect.  21.  Recommitments  are  hereafter  made  by  tbe  board  granting  tbe 
permit,  but  warrants  already  issued  may  be  served  and  the  proceedings 
under  them  be  completed  according  to  the  existing  law.  If  the  person  is 
in  prison,  the  order  of  remand  takes  effect  from  tbe  expiration  6f  his  pend- 
ing sentence.     St.  1884,  152,  §  3. 

Sect.  25.  A  person  suffering  from  contagious  or  infectious  syphilis 
may  be  detained  after  sentence  expires.     St.  1891,  420,  §  2. 


1302 


Changes  in 


n. 

CHANGES  IN  THE  GENERAL  STATUTES  PASSED   SINCE  THE 
ENACTMENT   OF   THE    "PUBLIC    STATUTES." 

[The  changes  are  more  fully  stated  in  Table  I.  under  the  appropriate  chapter  of  the  Public 

Statutes.] 

St.  1882,  ch.    28.     Repealed.     1890,  423,  §  228.     P.  S.  7. 

29.     Repealed.     1886,  66.     P.  S.  5. 

36.     Amended.     1888,  114.     P.  S.  52. 

63.     Superseded.     1886,  307.     P.  S.  154. 

65.     Repealed.     1885,  247.     P.  S.  91. 

74.     Repealed.     1884,  299,  §  44.     P.  S.  7. 

77.     Amended.     1884,  72.     P.  S.  116. 

97.     Superseded.     1887,411.     P.  S.  14. 
102.     Amended.     1884,  245.     P.  S.  91. 
106.     Amended.     1883,  74.     Affected,   1884,    330,   §   3; 

1886,   230;    1891,  341.     P.  S.  13,  105. 
108,  §  1.     Amended.     1888,  313.     P.  S.  53. 
111.     Repealed.     1886,  38.     P.  S.  16. 
125.     Repealed.     1891,    356.     P.  S.  112. 
127,  §  2.     Amended.     1886,  101,  §  4.     P.  S.  89. 
129.     Superseded.     1886,  184.     P.  S.  158. 
135.     Shall  not  apply  to  provisions  of  1890,  428.     P.  S. 

112. 
139.     Extended.     1883,  252.     P.  S.  18. 
148.     Amended.     1889,  77.     P.  S.  li6. 
154,  §  1.     Amended.     1890.  240.     P.  S.  49. 

157.  Affected.      1888,  289.     P.  S.  17. 

158.  Superseded.     1889,  440,  §  10.     P.  S.  4. 
163.     Affected.     1886,  296,  §  3.     P.  S.  35. 

165.  Amended.     1887,  125.     P.  S.  11. 

166,  §  1.     Amended.     1884,  317.     P.  S.  91. 
176.     In  part  repealed.     1884,  197.     P.  S.  154. 

178.  Superseded.     1887,  411.     P.  S.  14. 

179.  Superseded.     1887,  411.     P.  S.  14. 
181,  §  3.     Amended.     1886,  330  ;  1888,  248.     §§1,2,3 

amended,  1886,  101,  §  4.     P.  S.  48. 


THE  Statutes. 


1303 


St.  1882,  ch.  195, 
196. 
200,  § 
203. 
205. 
212. 

217. 

224. 
227,  § 
231. 
232,  § 

233. 

237. 

243. 
244. 

245,  § 


247. 
250. 
251. 

257. 
260. 
263. 


268. 
270, 

274, 

St.  1883,  ch.  33. 
36. 
42. 
52. 


1.     Repealed.     1888,  449,  §  21.     P.  S.  119. 
Repealed.     1888,  24.     P.  S.  5. 

1.  Affected.     1886,  77.     P.  S.  116. 
Repealed.     1888,  264,  §  3.     P.  S.  221. 
Repealed.     1888,  274,  §  3.     P.  S.  152. 
Affected.    1883, 105  ;  1887,  31.      §  2  amended,  1888, 

333.     §  6  affected,  1885,  327.     P.  S.  20. 
Affected.     1887,    32.     §     1    amended,    1888,    323. 

P.  S.  11. 
Repealed.     1890,  168.     P.  S.  116. 
3.     Amended.     1889,  122.     P.  S.  154. 
Repealed.     1887,  423.     P.  S.  116. 
1.     Amended.      1886,  37,   §  2;  1890,  294.      P.  S. 

159. 
Amended.     1886,  165,  166.     §  6  in  part  superseded, 

1889,  19.     P.  S.  154. 
Extended.     1885,  283.     Amended,   1890,  427,   §  1. 

P.  S.  176. 
Repealed.     1888,  390,  §  95.     P.  S.  12. 
Affected.     1886,  125.   Extended,  1890,  181.    P.  S. 

115. 
1.     Superseded  in  part.     1886,  15,  37,   130,  166; 
1888,  195  ;  1889,  97,  158,  174,  218,  277,  289. 
P.  S.  154,  159. 
Repealed.     1884,  298,  §  53.     P.  S.  6. 
Repealed.     1885,  122.     P.  S.  102. 
Amended.      1885,    121.     In    part    rei)ealed,    1887, 

216.     P.  S.  117. 
Superseded  in  part.     1887,  116.     P.  S.  2. 
Repealed.     1890,  423,  §  228.     P.  S.  7. 
Amended.     1883,   263,  §   1;   1884,  289;  1886,  171. 

Aft'ected,  1885,  352,  §  5  ;  1891,  319.   §  5  amended, 

1886,  101,  §4.     P.  S.  208. 
Repealed.     1884,  298.  §  53.     P.  S.  6. 
3.    Amended.    1886,  101,  §  4.      §  4  amended,  1884, 
210;   1885,  176.    P.  S.  48. 

2.  Repealed.     1883,  183,  §  3.     P.  S.  94. 
Repealed.     1887,  214,  §  112.     P.  8.  119. 
Repealed.     1886,  276,  §  11.     P.  8.  92. 
Repealed.     1890,  423,  §  228.     P.  8.  7. 
Amended.     1883,  248;  1886,  77.     P.  S.  116. 


1304  Changes  in 

St.  1883,  ch.     54.     Superseded.     1886,  37.     P.  S.  159. 
"       "       "       55.     Superseded.     1889,  440.     P.  S.  4.       . 
"       "      "      80,  §  2.     Superseded.     1886,  106.     P.  S.  154. 
"       "       "     101.     Repealed.     1888,  390,  §  95.     P.  S.  12. 
"       "       "     107.     Repealed.     1887,  214,  §  112.     P.  S.  119. 
"       "       "     110.     Amended.     1886,  101,  §  4.     P.  8.  89, 
"       "       "     117.     Amended.     1888,  240.     P.  8.  112. 
"       "       "     124,  §  2.     Amended.     1887,  335.     P.  S.  32. 

"       "     126.     Repealed.     1887.  214,  §  112.     P.  S.  119. 
"       "       "     138.     Amended.     1886,  101,  §  4.     P.  S.  80. 
"       "     148,  §§  2,  3.     Amended.     1889,  90.     P.  S.  87. 
''•       "    157.     Limited.      1884,   275,    §    4.     Affected,    1887,    280. 
P.  8.  48,  74. 
"       "       "     158.     Amended.     1889,  288.     P.  S.  32. 
"       "       "     164.     Repealed.     1886,  38.     P.  8.  16. 

"      "     187.     Aft"eeted.     1884,  169.     P.  S.  102. 
"       "      "    202.     Repealed.     1890,  168.     P.  S.  116. 
"       "       "     216.     Amended.     1886,  51 ;  1887,  289.     P.  S.  159. 
"       "       "     217.     Aft'ected.     1887,447,   §  8;  1888,  403,   §   2.     P.  S. 

219,  220,  221. 
"       "       "     218.     Amended.     1884,  70.     P.  S.  60. 
"       "       "     223,  §  5.     Amended.     1884,  316.     P.  S.  151. 
"       "       "     224.     Repealed.     1888,  348.  §  12.     P.  S.  48. 
"       "       "     229.     Repealed.     1890,  423,  §  228.     P.  S.  7. 
"       "       "     230.     Repealed.     1887,  94.     P.  S.  58. 
"       "       "     232,  §  3.     Amended.     1886,  101,  §  4.     P.  S.  84. 
"       "       "     235.     Repealed.     1887,  214,  §  112.     P.  S.  119. 
"       "       "     239.     In  part  repealed.      1886,  298.     §  6  amended,   1886, 
101,  §  4.     P.  S.  87. 
Superseded.     1888,  112.     P.  S.  158. 
Affected.      1884,    223;    1888.    86.       §   2    repealed, 

1888,  426,  §  14.     P.  S.  104. 
Extended.     1889,  197.     P.  S.  18. 
In  part  repealed.     1886,  300;  1887,  214,  §  112.    P. 

S.  116,  119. 
Not  repealed  by  1885,  302.     P.  S.  82. 
Repealed.     1884,  289,  §  6.     P.  S.  208. 
Superseded.     1888,  115.     P.  S.  31. 
15,  §  1.     Repealed.     1889,  101.     P.  S.  15. 
22,  §  1.     Repealed.     1891,  177.     P.  8.  43. 
34.     Repealed.     1889,  301,  §  10.     P.  S.  30. 


244. 

251. 

252, 

258. 

262. 

263. 

St. 

1884, 

cb. 

4 

St. 

1884, 

ch. 

42. 

Affected. 

45. 

Superseded. 

55. 

Repealed. 

56. 

Repealed. 

58. 

Repealed. 

64. 

Amended. 

74. 

Repealed. 

79. 

Superseded 

88. 

Repealed. 

95. 

Repealed,   i 

THE  Statutes.  1305 

1886,  76.  P.  S.  27. 

1887,  441.  P.  S.  14. 
1887,  214,  §  112.  P.  S.  119. 

1884,  168.  P.  S.  116. 
1887,214,  §  112.  P.  S.  119. 

1885,198.  P.  S.  47. 

1887,  214,  §  112.  P.  S.  119. 

1888,  385.  P.  S.  15. 

1886,  298.  P.  S.  87. 
Repealed,  so  far  as  inconsistent  with  1888,  264. 

P.  S.  221. 
98,  §  1.  Revised.   1890,  102.   §  2  added  to,  1891, 
188.  P.  S.  80. 

1887,  217.  P.  S.  156. 
1887,  214,  §  112.  P.  S.  119. 

1887,  214,  §  112.  P.  S.  119. 

1888,  437,  §  6.  P.  S.  28. 
1891,324.  P.  S.  29. 
.  1890,  309.  P.  S.  48. 

1888,  390,  §  95.  P.  S.  12. 

1885,  369,  §  4.  P.  S.  4. 
1886,  69.  P.  S.  116. 

1888,  276;  1890,  193;  1891,  138. 

1886,  328.  P.  S.  203. 
1887,  214,  §  112.  P.  S.  119. 

1887,  214,  §  112.  P.  S.  119. 

1888,  322.  §§  3,  4  amended,  1890, 
58;  1891,  54.  P.  S.  16. 

180.  Revised.  1887,  214.  §§  62,  63  extended,  1889, 

378.  P.  S.  106. 

181.  In  part  repealed.      1886,   174.     §  9  repealed,  1888, 

437,  §  6.     P.  S.  31. 
190.     Repealed.     1885,  186.     P.  S.  103. 
193.     Affected.     1889,  432.     P.  S.  214. 
212.     Affected.     1885,256;    1890,293.     Amended,  1887, 

314.     P.  S.  91. 
215,  §  3.     Amended.     1888,  212.     P.  S.  154. 
217.     Repealed.     1887,  214,  §  112.     P.  S.  119. 

222.  Affected.     1886,242.     P.  S.  112. 

223,  §  2.     Amended.     1888,  86.     P.  S.  104. 


118. 

Repealed. 

119. 

Repealed. 

120. 

Repealed. 

125. 

Repealed. 

129. 

Affected. 

155. 

Superseded 

162. 

Repealed. 

166. 

Repealed. 

168. 

Affected. 

171. 

Amended. 

P.  S.  91 

174. 

Affected. 

177. 

Repealed. 

178. 

Repealed. 

179. 

Affected. 

1306  Changes  in 

St.  1884,  ch.  226.     Affected.     1887,  124.     P.  S.  .51. 

"       "       "     230.     Superseded.     1887,411.     P.  S.  14. 

"       "      "    234,  §  3.     Amended.     1886,  101,  §  4.     P.  S.  87. 

"       "      "    235      Repealed.     1887,  214,  §  112.     P.  S.  119. 

"  "  "  236.  Amended.  188.5,  353 ;  1889,  406.  Affected,  1888, 
405.     §  9  amended,  1890,  387.     P.  S.  157. 

"       "       "     242.     Repealed.     1888,  390,  §  95.     P.  S.  12. 

"       "       "     247.     Repealed.     1885,  141.     P.  S.  155,  169. 

"       "      "     253.     Amended.     1889,  91.     P.  S.  116. 

"  "  "  255.  Added  to.  1884,  331  ;  1885,  35.  Affected,  1888, 
49.  §  2  amended,  1886,  101,  §  4.  §§  19,  22 
repealed,  1888,  335.  §  3.  §§  28,  30  amended, 
1888,  403,  §  7.  §  30  in  part  repealed,  1888, 
337,  §  2.  §§  33,  34  affected,  1886,  323;  1888, 
317.     P.  S.  221. 

"       "       "     275,  §  4.     Affected.     1887,  280,  §  1.     P.  S.  74. 

"       "       "     282.     Repealed.     1887,111.     P.  S.  92. 

"       "      "    284.     Affected.     1885,  220,  §  1.     P.  S.  91. 

"       "       "     289,  §§  1,  2.     Amended.     1886,  101,  §  4.     §   1  repealed, 

1891,319.    P.  S.  58. 

"       "       "    296.     Repealed.     1887,  214,  §  112.     P.  S.  119. 

"       "      "     297,  §  3.    Amended.     St.  1891,  299.    §  4  amended,  1886, 
101,  §  4.     P.  S.  88. 

"       "       "     298.     Repealed.     1890,  423,  §  228.     P.  S.  6. 

"  "  "  299.  Repealed.  1890,  423,  §  228.  §  9  re-enacted, 
1891,  264.     P.  S.  7. 

"       "       "    304.     Affected.     1889,  459.      §    1    amended,  1890,    154. 
P.  S.  167. 
"       "    307,  §  2.     Amended.     1885,  150.     P.  S.  60. 

"       "       "    310,  §   1.     Amended.      1886,  317.     P.    S.   56.     §§    3,    4 

amended,  1886,  318.     P.  S.  57. 

"       "       "    318,  §  3.     Not  affected  by  1886,  234.     P.  S.  91. 

"       "       "    319,  §  1.     Superseded  by  1886,  352.     P.  S.  2. 

"  "  "  320.  Amended.  1887,437;  1888,  41;  1889,  177.  Af- 
fected, 1889.  473.  Extended,  1889,352.  Added 
to,  1891,  140.  §  4  amended,  1888,  334.  §  17 
amended,  1889,  183.  §  19  amended,  1888,  253. 
§  20  amended,  1889,  351. 

"  "  "  322.  Amended.  1890,  3.58.  §§  7,  9  amended,  1886, 
101,  f4.     P.  S.  87. 

"  "  "  330.  Affected.  1886,230.  §§  1,  2  extended,  1889,  393. 
P.  S.  105. 


THE  Statutes. 


1307 


St.  1885,  eh. 


0.  Repealed.     1890,  423,  §  228.     P.  S.  7. 

15.  Repealed.     1886,  38.     P.  S.  16. 

24,  §  1.     Revised.     1890,  302.     P.  S.  2. 

52.  Repealed.     1888,  328.     P.  S.  219. 

77.  Superseded.     1891,  411.     P.  S.  15. 

79.  Affected.     1886,  124.     P.  S.  154. 

87.  Superseded.     1891,  410.     P.  S.  15. 

108.  Repealed.     1890,  423,  §  228.     P.  S.  7. 

131.  Affected.     1887,  256.     P.  S.  103. 

134.  In  part  repealed.     1886,  218.     P.  S.  152. 

142.  Repealed.     1890,  423,  §  228.     P.  S.  7. 

144.  Repealed.     1886,  53.     P.  S.  213. 

147.  Superseded.     1887,  411.     P.  S.  14. 

148.  Repealed.     1887,  252,  §  24.     P.  S.  90. 
156.  Repealed.     1888,  437,  §  6.     P.  S.  28. 
158.  Amended.     1886,  101,  §  4.     P.  S.  80. 
165.  Superseded.     1889,  211.     P.  S.  158. 
168.  Superseded.     1889,  250.     P.  S.  17. 
173.  Repealed.     1889,  301,  §  10.     P.  S.  30. 
183.  Superseded.     1890,421.     P.  S.  119. 

193.  Repealed.     1887,  120.   P.  S.  91. 

194,  §  4.     Amended.     1887,  295.     Shall  not  apply  to  pro- 

visions of  1890, 428.     P.  S.  112. 

204.  Repealed.     1889,  301,  §  10.     P.  S.  30. 

205,  §  1.      Amended.     1888,  280.     P.  S.  158. 
211.  Amended.     1891,  1.53.     P.  S.  86. 

214.  Repealed.     1889,  279,  §  11.     P.  S.  30. 

216.  Limited.   1889,186.  Extended,   1889,361.   P.S.IOO. 

220,  §  3.     Repealed.     1888,  223,   §  5.    §  4  repealed,  1887, 

96.    P.  S.  91. 

222.'  Repealed.     1888,  348,  §  12.     P.  S.  48. 

229.  Repealed.     1890,  423,  §  228.     P.  S.  7. 

236.  Superseded.     1887,411.     P.  S.  14. 

238.  Amended.     1?586,  270.     P.  S.  13. 

240.  Rights  under,  not  affected  by  1891,  189.     P.  S.  106. 

241.  Repealed.     1887,  214,  §  112.     P.  S.  119. 

242.  Repealed.     1889,  192.     P.  S.  130. 
246.  Repealed.     1890,  423,  §  228.     P.  S.  7. 
248.  Repealed.     1890,  423,  §  228.     P.  S.  7. 
252.  Repealed.     1890,  416,  §  7.     P.  S.  102. 
255.  Affected.     1887,290.     P.  S.  147. 
260.  Amended.     1890,  265.     P.  S.  130. 


1308  Changes  in 

St.  1885,  ch.  2GI.     Repealed.     1890,  423,  §  228.     P.  S.  27. 

"       "     262.     Repealed.     1890,  423,  §  228.     P.  S.  7. 
"       "       "     265,  §  2.     Amended.     1886,  101,  §  4.     P.  S.  82. 
"       "       "     208.     Repealed.     1890,  423,  §  228.     P.  S.  7. 
"       "       "    271.     Repealed.     1890,  423,  §  228.     P.  S.  6. 
"       "       "     277.     In  part  superseded.     1889,  303.     P.  S.  22. 
"       "       "     283.     Amended.     1890,  427,  §  1.     P.  S.  176. 
"       "       "     291.     Amended.     1887,  74.     P.  S.  159. 
"       "       "    292.     Limited.     1887,  307.     P.  S.  102. 
"       "       "     300.     Repealed.     1887,  214,  §  112.     P.  S.  119. 
"       "       "    304.     Amount  increased.     1890,  192.     P.  S.  158. 
"       "       "    308.     Repealed.     1887,  214,  §  112.     P.  S.  119. 
"       "       "    309.     Extended.     1887,445.     P.  S.  102. 
"       "       "    312.     Certain  cities  exempted  from.    1886,  178  ;  1889,  157, 

172, 176  ;  1890,  120,  121,  135, 142, 203, 258,  271. 

§4  amended,  1889,  372.    Affected,  1891,  221.    P. 

S.  29. 
"       "       "    313,  §  3.     Repealed.     1887,  267.     P.  S.  67a. 
"       "       "     314.     Affected.     1888,    350.     §  1    amended,    1889,    373. 

§  5  repealed,   1891,  351.     §§   6,  7,  9,  12,  13,  14 

extended,  1887,  382.     §   7  amended,   1886,  346, 

§  2.     P.  S.  61. 
"       "       "    320,  §  2.     Amended.     1886,  101,  §  4.     P.  S.  222. 
"       "       "    321.     Repealed.     1886,  13.     P.  S.  161. 
"       "       "    326.     Repealed.     1888,  426,  §  14.     P.  S.  104. 
"       "       "    327.     Affected.     1887,  31.     P.  S.  20. 
"       "      "    339.     Affected.     1889,  414.     P.  S.  87. 

"       "    341.     Repealed.     1887,  98,  §  16.     P.  S.  97. 
"       "       "    .344.     Affected.     1891,  266.     P.  S.  19. 
"       "       "     .345.     Amended.     1886,45,203.     1891,419.    §5amended, 

1887,  36.     §  7  repealed,  1887,  329.     P.  S.  160. 
"       "       "    351.     Repealed.     1890,  423,  §  228.     P.  S.  7. 
"       "       "     352.     Amended.     1886,  317,  318.     P.  S.  56,  57. 
"       "       "    3,53.     Affected.     1888,  405.     P.  S.  157. 
"       "       "    354.     Repealed.     1887,  214,  §  112.     P.  S.  119. 
"       "       "    369.     Repealed.     1889,  440,  §  14.     P.  S.  4. 
"       "      "    375.     In  part  repealed.     1891,427.     P.  S.  207. 
St.  1886,  ch.    31.     Superseded.     1888,  58.     P.  S.  152. 
"       "       "       37,  §  2.     Amended.     1890,  294.     P.  S.  159. 
"       "       "       .38.     Affected.     1886, 334.     P.  S.  16. 
"       "       "       39.     Repealed.     1889,  301,  §  10.     P.  S.  30. 
"       "      "      45.     Added  to.     1891,  180.     P.  S.  160. 


THE  Statutes.  1309 

St.  1886,  ch.    49.     Repealed.     1890,  423,  §  228.     P.  S.  7. 

"  "  "      51.     Amended.     1887,  289.     P.  S.  188. 

"  "  "      63.     Superseded.     1887,411.     P.  S.  14. 

"  "  "       66,  §  1.     Repealed.     1891,  24.     P.  S.  5. 

"  "  "       68.     Repealed.     1890,  423,  §  228.     P.  S.  6. 

"  "  "      78.     Repealed.     1890,  423,  §  228.     P.  S.  7. 

"  "  "      82.     Repealed.     1887,  391,  §  4.     P.  S.  98. 

"  "  "      8.5.     Superseded.     1888,  362.     P.  S.  11. 

"  "  "       87.     Amended.      1887,  399.      §  2  amended,  1891,  239. 

P.  S.  74. 

"  "  "       90.     Repealed.     1887,  280,  §  2.     P.  S.  74. 

"  "  "       95.     Repealed.     1890,  168.     P.  S.  116. 

"  "  "     101,  §  3.     Amended.     1889,370.     P.  S.  79. 

"  "  "     105.     Superseded.     1887,  411.     P.  S.  14. 

"  "  "     110.     Repealed.     1889,  301,  §  10.     P.  S.  30. 

"  "  "     125.     Extended.     1890,  181.     P.  S.  115. 

"  "  "     130.     In  part  superseded.     1888,  195.     P.  S.  154. 

"  "  "     155.     Superseded.     1889,  28.     P.  S.  154. 

"  "  '^     169.     Repealed.     1887,  428,  §  8.     P.  S.  16. 

"  "  "    173,  §  1.     Amended.     1890,  179.     P.  S.  104. 

"  "  "     184.     Superseded.     1889,  251.     P.  S.  158. 

"  "  "     187.     Repealed.     1887,  214,  §  112.     P.  S.  119. 

"  "  "     192.     Limited.     1891,  327.     §  4  repealed,  1891,  327. 

P.  S.  91. 

"  "  "     194,     Limited.     1890,  289.     P.  S.  83. 

"  "  "     202.     Repealed.     1887,  120.     P.  S.  91. 

"  "  "    203.     Amended.     1891,  419.     P.  S.  160. 

"  "  "     216.     Affected.     1889,402,425.     P.  S.  17. 

u  u  u     222.     Repealed.     1887,  214,  §  112.     P.  S.  119. 

"  ''  "    231.     Superseded.     1889,465.     P.  S.  11. 

"  "  "    237.     Superseded.     1887,  411,  §  13.     P.  S.  14. 

"  "  "    238.     Superseded.     1891,410.     P.  S.  15. 

"  "       "    241.     Repealed.  1887, 179,§  2;  1888,  239,  §2.  P.  S.  41. 

"  "      "    251.     In  part  superseded.     1889,339.    P.  S.  22. 

"  "      "    252,    §1.     Repealed.      1889,77.     §3    superseded,    1889, 

321.     P.  S.  116. 

"  '•       "     259,  §  1       Repealed.     1889,  454,  §  6.     P.  S.  102. 

"  "       ''     260,  §  1.     Amended.     1890,83.     P.  S.  104. 

"  "       '•     262.     Repealed.     1890,  423,  §  228.     P.  S.  27. 

"  "       "     263.     Amended.     1887,  269.       §   1   amended,    1888,  261. 

§  4  amended,  1890,  385.     P.  S.  74. 

"  '^      "    264.     Repealed.     1890,  423,  §  228.     P.  S.  7. 


1310 


Changes  in 


St.  1886,  ch.  274. 


St.  188 


(( 

(( 

276, 

(( 

283, 

u 

295. 

u 

298, 

(( 

305. 

u 

319, 

u 

320. 

u 

334. 

u 

346, 

87, 

ch. 

24. 

38. 

83. 

86. 

96, 

103. 

105, 

110. 

112. 
122. 
142. 

147. 

160. 

179. 

193, 
196. 

197. 

202, 

212. 

214. 

Repealed.     1888,  375.     P.  S.  80. 
§  1.     Superseded.    1891,    142.     §  3    affected,    1890, 
249.     §    6    limited,    1887,   300.     Added  to, 
1891,  254.     P.  S.  92. 
§  1.     Amended.     1889,  115.     P.  S.  28. 
Amended.     1888,221.     Affected,  1889, 191  ;  1890, 
254.     P.  S.  27. 
§  4.     Repealed.     1887,  123.     P.  S.  87. 

Amended.     1888,  391.     P.  S.  202. 
§  3.     Amended.     1890,  414.     P.  S.  87. 
Repealed.     1888,  390,  §  95.     P.  S.  12. 
Amended.     1889,  349.     P.  S.  16. 
§§    1,  2,    5.     Extended.     1887,  382.     §  2  amended, 
1888,  122.    P.  S.  61. 
In  part  repealed.     1889,  324.     P.  S.  159. 
Repealed.     1888,  209,  §  2.     P.  S.  208. 
Superseded.     1891,411.     P.  S.  15. 
Superseded.     1890,  242.     P.  S.  11. 
§  1.     Limited.     1888,  238.     P.  S.  91. 
Amended.     1888,  305.     P.  S.  48,  74. 
§  2.    Amended.     1890,  30.     P.  S.  91. 
Superseded.     1888,  390.     P.  S.  12. 
Superseded.     1888,  257.     P.  S.  159. 
Repealed.     1889,  301,  §  10.     P.  S.  30. 
Repealed.     1888,  390,  §  95.     P.  S.  12. 
Repealed.     1890,  423,  §  228.     P.  S.  7. 
In  part  superseded.     1889,  238.     P.  S.  17. 
Repealed.     1888,  239.     P.  S.  41. 
§  3.     Amended.     1891,  137.     P.  S.  91. 
Amended.     1888,  213.     P.  S.  116. 
Repealed.     1890,  229.     P.  S.  91. 
§  5.     Amended.     1890,  402.     P.  S.  32. 
Amended.     1889,  111.     P.  S.  20. 
Limited.     1888,  429,  §   19.       §   5   amended,    1888, 
84.     §  7  amended,    1890,    304.     §  20    amended, 
1891,  368.     §  31   amended,   1888,  141.     §§  42, 
43,    44     revised,    1890,    26.      §   60    added     to, 
1888,  151.     §  62  amended,  1889,  378.     §§  78-82 
affected,  1890,  197.     §  80  amended,  1889,   356  ; 
1891,   195.     §   82    amended,    1890,    304.      §    94 
affected,  1891,  233.     P.  S.  119. 


1887 

,'ch. 

215. 

219. 

221. 

234. 

249. 

266. 

THE  Statutes.  1311 

St.  1887,' ch.  215.     Affected.     1887,  280,  §   1.     Amended,     1887,  330. 
P.  S.  74. 
Repealed.     1887,  276.     P.  S.  104. 
Superseded.     1891,  429.     P.  S.  15. 
Extended.     1888,  181.     P.  S.  220. 
Repealed.     1890,  423,  §  228.     P.  S.  27. 
Repealed.     1888,  248,  §  2.     P.  S.  89. 

269,  §  1.     Extended.    1888,    261.     §    3  amended,    1890, 
385.     P.  S.  74. 

270,  §  3.     Amended.     1888,  155.     P.  S.  74. 
272.     Repealed.     1890,  423,  §  228.     P.  S.  7. 
274,  §  2.     Superseded.     1889,  92.     P.  S.  154. 
283.     Extended  to  other  companies  1890,  197.     P.  S.  13. 
295.    Shall  not  apply  to  provisions  of  1890,  428.    P.  S.  112. 
342,  §  2.     In  part  repealed.     1891,342.     P.  S.  13. 
355.     Repealed,  so  far    as    inconsistent    with   1888,   264. 

P.  S.  221. 
361.     Repealed.     1891,  125.     P.  S.  74. 
1891,  249.     P.  S.  112. 

1890,  423,  §  228.     P.  S.  27. 
1889,  286;  1891,  116.     P.  S.  11. 

1891,  239.  P.  S.  74. 
1891,  265.  P.  S.  38. 
1888,  297.     P.  S. 100. 

§§  33,  42,  119,  128,  147,  148,  amended,  1889,  360. 
§§  27,  98,  99,  106,  107,  114  affected,  1891, 
232,  §  1.  §§  26,  28,  55,  58,65,  69,  70,  71,  73, 
124,  133  amended  and  §  168  added,  1890,  425. 
§§  127,  128  in  part  repealed,  1891,  232,  §  5. 
P.  S.  14. 
423.     Repealed.     1888,  90.     P.  S.  116. 

432.  Repealed.     1890,  423,  §  228.     P.  S.  6. 

433,  §  1.  Repealed.  1888,  348,  §  12.  §  2  amended, 
1889,135;  1890,  48, 299  ;  1891, 317.  P.  S. 
48. 

437.  Affected.     1889,  473. 

438.  Affected.     1888,    275.      §   2   amended,    1890,  306. 
§  5  amended,  1890,  216.     P.  S.  16. 

441,  §  2.  In  part  repealed.  1890,  354.  §  4  in  part 
superseded,  1889,  230,  §  2.     P.  S.  86. 

442,  §  1.  Amended.  1889,  415,  §  1.  Affected,  1891, 
407.     P.  S.  162. 


362. 

Affected. 

371. 

Repealed. 

373. 

Extended 

399. 

Amended 

404. 

Extended 

406. 

Amended. 

411. 

§§  33,  42, 

1312 


Changes  in 


St.  1887,  ch.  443. 
"       "       "    447. 


St.  1888,  ch.    22. 

"  23. 

"  41. 

"  85. 

"  90. 

"  120. 

"  122. 

"  127. 

"  146. 

"  148. 

"  149. 

"  151, 

"  158. 

"  164. 

"  186. 

"  191. 

"  199. 

"  200. 

"  203. 

"  206. 

"  207. 

"  221. 

"  239. 

"  254, 

"  256. 

"  257, 

"  262. 

"  264. 

"  276. 

"  280. 

"  288. 

"  292. 

"  304. 

"  316. 

"  335. 


Repealed.     1888,  4.34,  §  6.     P.  S.  100. 

Amended.  1888,  22.  Affected,  1888,  403,  §  1  ; 
1891,  228.  §  5  repealed,  1891,  228.  §  7  repealed, 
1888,  403,  §  6.  §  12  amended,  1888,  403,  §  4. 
P.  S.  220,  221. 

Amended.     1888,403,  §  5.     P.  S.  220,  221. 

Repealed.     1889,  440,  §  14.     P.  S.  4. 

Superseded.     1889,  177. 

Repealed.     1889,  440,  §  14.     P.  S.  4. 

Amended.     1890,  369.     P.  S.  116. 

Amended.     1890,  222.     P.  S.  116. 

Repealed.     1889,  440,  §  14.     P.  S.  4. 

In  part  superseded.     1890,  44.     P.  S.  4,  116. 

Repealed.     1890,  423,  §  228.     P.  S.  27. 

Affected.     1888,  380.     P.  S.  132,  134. 

Appealsgiven.     1890,438  ;  1891,  261.     P.  S.  104. 
I  1.     Amended.     1891,  291.     P.  S.  119. 

Superseded.     1889,  465.     P.  S.  11. 

Repealed.     1890,  423,  §.228.     P.  S.  7. 

Repealed.     1889,  440,  §  14.     P.  S.  4. 

Superseded.     1889,  440.     P.  S.  4,116. 

Repealed.     1889,  451,  §  8.     P.  S.  35. 

Repealed.     1890,  423,  §  228.     P.  S.  6. 

Repealed.     1890,  423,  §  228.     P.  S.  27. 

Repealed.     1890,  423,  §  228..    P.  S.  27. 

Repealed.     1888,  426,  §  14.     P.  S.  104. 

Affected.     1889,  191  ;  1890,  254.     P.  S.  27. 

Extended.     1889,  226.     P.  S.  41. 

1.     Amended.     1889,  347.     P.  S.  100. 

Repealed.     1889,  440,  §  14.     P.  S.  4. 
i  3.     Repealed.     1891,  87,  §  2.     §  4  affected,   1891, 
236.     P.  S.  159. 

Amended.     1889,  361.     P.  S.  100. 

Superseded.     1889,  412.     P.  S.  221. 

Repealed.     1890,  193.     P.  S.  91. 

Aft'ected.     1889,  418.     P.  S.  158. 

Repealed.     1889,  275.     P.  S.  70. 

Superseded.     1891,  142.     P.  S.  92. 

Amended.     1889,  112.     P.  S.  40. 

Appeal  given.     1890,438.     P.  S.  104. 

Superseded.     1889,  408.     P.  S.  221. 


THE  Statutes. 


1313 


St.  1888,  ch.  337. 
"       "       "    348, 

353. 
365. 
375. 
382. 

388. 
390, 


U  it 


St.  1889,  ch. 


396, 
397. 
403, 
413. 
419. 

426. 
429. 

431. 

434. 
436. 

438. 

32. 

35. 

69. 

98. 
101, 
108. 
114. 
124. 
135. 
150. 
164. 
186. 
196. 


Repealed.     1889,  294.     P.  S.  221. 
§  4.    Added  to.    1890,  209.    §  7  amended,  1889,  291. 
P.  S.  48. 
Repealed.     1890,  423,  §  228.     P.  S.  7. 
Extended.     1889,  1.54.     P.  S.  26. 
Added  to.     1890,  441.     P.  S.  80. 
Repealed.     1890,  423,  §  228.     P.  S.  9. 
Limited.     1890,  416,  §  6.     P.  S.  102. 
§§  2,  28,  29,  41,  and  forms  5,  6,  7,  repealed,  1889, 

334.     §§  3,  7,  8,  19,  23,  24,  30,  32,  33,  37.  49, 

51,  69,  72  amended,    1889,    334.       §   7    further 

amended,  1890,  331,   §  2.     §  57  affected,   1891, 

288.     P.  S.  12. 
§§  2,  4,  5.     Repealed.     1891,  196,  §  2.    P.  S.  30. 

Affected.     1891,  323.     P.  S.  49. 
§  2.     Amended.     1891,  371.     P.  S.  219,  220.- 
Affected.     1890,  315.     P.  S.  118a. 
Amended.     1889,  415.      §  6  amended,   1891,  271. 

P.  S.  162. 
Appeal  given.     1890,  438.    P.  8.  104. 
Not  affected  by  1890,  421,  §  1.     §§9-12  amended, 

1890,  341.     P.  S.  119. 
Affected.     1891,    272.      §  4  amended,  1890,    37!). 

P.  S.  44. 
Repealed.     1890,  423,  §  228.     P.  S.  27. 
Amended.     1889,413.     Affected,  1891,  269.    §20 

affected,  1890,  219.     P.  S.  7. 
Repealed.     1889,  298.     P.  S.  30. 
Repealed.     1889,  440.  §  14.     P.  S.  4. 
Repealed.     1889,  440,  §  14.     P.  S.  4. 
Repealed.     1890,  423,  §  228.     P.  S.  6. 
p:rror  corrected.     1889,178.     P.  S.  27. 
§  1.     Repealed.     1890,  239.     P.  S.  15. 
Affected.     1890,  132.     P.  S.  50. 
Operation  restricted.     1889,  268.     P.  S.  100. 
Repealed.     1889,  440,  §  14.     P.  S.  4. 
Affected.    1890,48.  Amended,  1891,  317.   P.  S.  74. 
Repealed.     1889,  440,  §  14.     P.  S.  4. 
Repealed.     1889,  440,  §  14.     P.  S.  4. 
Extended.     1889,  361.     P.  S.  1<>0. 
Repealed.     1890,  423,  §  228.     P.  S.  6. 


St. 

1889, 

ch. 

.  202. 

212. 

237. 

267. 

286. 

298. 

1314  Changes  in 

Repealed.     1891,  164.     P.  S.  91. 

Repealed.     1889,  440,  §  14.     P.  S.  4. 

Amended.     1889,  269.     P.  S.  156. 

Affected.     1891,  304.     P.  S.  207. 

Affected.     1891,  116.     P.  S.  11. 

Superseded.     1890,  447.     P.  S.  30. 
"       "      "    309,  §  2.     Added  to.     1891,194.     P.  S.  48. 
"       "      "    334,  §  3.     Amended.      1890,-  331,    §    2.       §    4   affected, 

1890,  331,  §  1.     P.  S.  12. 
"       "      "    356.     Amended.     1891,  195.     P.  S.  119. 

"      "    372.     Affected.     1891,  221.     P.  S.  29. 
"       "      "    374,  §  2.     In  part  repealed.     1891,235.     P.  S.  21a. 
"       "      "    404,  §§1,3,  4,  5.    Repealed.    1890,  423,  §  228.     P.  S.  6. 

"       "    408,  §  1.      Amended.     1890,  255.     P.  S.  221. 
"       "       "    413.     Amended.     1890,436.     Affected,  1891,  74.     §§2-7 
affected,  1891,  270.      §§  21-30  extended,  1890, 
386.     §   25  amended,  1891,  238.     P.  S.  7. 
"       "      "    414,   §  4.      Amended.      1890,  251.      §§  6,  16  amended, 

1891,  158.     P.  S.  87. 

"       "       "    415,  §  3.     Amended.      1890,  128.      §  7  extended,  1891, 

313.     P.  S.  162. 
"       "      "    427,  §§  1,  4.     Amended.     1891,  275.     P.  S.  118&. 
"       "       "    440.     Added   to.       1890,    50,    97,    126;     1891,    76,    191. 

Restricted,   1891,   193.     In  part  repealed,   1891, 

292.     P.  S.  4. 
u       u       u    442.     Amended.     1890,  427,  §  2.     P.  S.  176. 
"       "       "    451.     Affected.     1891,  229.     P.  S.  216. 
"       ''      "    452.     Aff-ected.     1890,  320.     P.  S.  117. 
"       "       "     464,  §  1.     Amended.     1890,  384.     P.  S.  44. 
St.  1890,  ch.     59,  §  4.     Amount  increased.     1891,  54.     P.  S.  16. 
"       "      "      95.     Superseded.     1891,210.     P.  S.  77a. 
"       "       "     175.     Repealed.      1890,  423,  §  228.     P.  S.  7. 
"       "       "    193.     Amended.     1891,  138.     P.  S.  91. 
"       "       "     196,  §  2.     Amended.     1891,  49.     P.  S.  54. 
"       "       "    218.     Affected.     1891,  236.     P.  S.  159,  217. 
"       "      "    219.     Repealed.     1890,  423,  §  228.     P.  S.  7. 
"       "      "223.     Repealed.     1890,  423,  §  228.     P.  S.  7. 
"       "       "     229.     Affected.     1891,  327.     P.  S.  91. 
"       "      "    230.     Amended.    1890,^395.    Affected,  1891,  220.     P.  S. 

102. 
"       "      "    249.     Superseded.     1891,  142.     P.  S.  92. 


THE  Statutes.  1315 

St.  1890,  ch.  284.     Added  to.     1890,  452.     P.  S.  212. 
"       "       "     293.     Amended.     1891,  122.     P.  S.  94. 
"       "       "    305.     Repealed.     1890,  423,  §  228.     P.  S.  27. 
"       "       "    353,  §  1.     Affected.     1891,  325.     P.  S.  199. 
"       "       "    355.     Amended.     1890,  405.     P.  S.  29. 
"       "       "    360.     Repealed.     1891,  87,  §  2.     P.  S.  199. 
"       "       "    364.     Repealed.     1891,366.     P.  S.  113. 
"       "      "    365.     Repealed.     1891,  179,  §  5.     P.  S.  28. 
"       "       "    375,  §  1.     Amended.     1891,  350.     P.  S.  74. 
"       "       "    386.     Affected.     1891,  74,  155,  269,  270,  278,  305.     §  2 

amended,  1891,   10,   §   1.     §  13   amended,   1891, 

31.     P.  S.  7,  27. 
"       "       "    395.     Affected.     1891,  220.     P.  S.  102. 
"       "       "    406.     Extended.     1891,  171.     P.  S.  13. 
"       "       "    423.     Affected.     1891,  74,  §  1.      §  3  repealed,  1891,  286. 

§  22  affected,  1891,  242.     §  25  amended,  1891, 

277.     §   66   amended,   1891,  314.     §  75  in  part 

repealed,    1891,    256.     §   95  affected,  1891,  328. 

§§    84,    87,    118    aff'ected,     1891,    329.       §    222 

affected,  1891,  31,  32.     P.  S.    6,  7,  27. 
"       "       "    425,  §12.     In  part  repealed.     1891,232,  §5.     P.  S.  14. 
"       "       "    428,  §  5.    Added  to.    1891,33,123,262.     Not  affected  by 

1891,  170.     P.  S.  112. 
"       "       "    436.     Affected.   1891,74.   §  4  amended,  1891,  279.  P.  S.  7. 
"       "       "    438.     Affected.     1891,261,395.     P.  S.  104. 
"       "       "    440.     Affected.     1891,325,392,416.     §  5  repealed,  1891, 

416.     §11   amended,  1891,   70.     P.  S.  22,154, 

199. 
"       "       "    449,  §  2.     Amended.     1891,  144.     P.  S.  67. 
"       "       "    456,  §§   1,  2,  3,  6.     Amended.     1891,223.     P:  S.  2. 
St.  1891,  ch.  18.?.     Amended.     1891,  406.     P.  8.  81. 
"     "       "      236.     Affected.     1891,392,416.     P.  S.  22,  199. 


INDEX 


INDEX. 


A. 

Page 

Abbott,  Francis  0.,  in  favor  of  widow  of 1063 

Accident  insurance,  business  of,  may  be  transacted  by  foreign  life 

insurance  companies 779 

Adams,  Samuel,  bust  of,  in  Doric  hall,  inscription  to  be  changed 

to  Washington 1084 

Address  of  the  governor  to  the  legislature 1110 

Administration  of  estates  of  deceased  persons,  affidavits  in  petitions 

for 1020 

probate  courts  given  jurisdiction  in  equity  in  ....  1021 

Adulteration  of  food  and  drugs,  relating  to 879 

Adverse  possession,  conveyance  of  real  estate  in  cases  of        .        .  919 

Affidavits,  in  poor  debtor  cases,  relative  to 1014 

in  petitions  for  administration  of  estates  of  deceased  persons 

required 1020 

Aged  "Women  in  Waltham,   Home  for,  name   changed  to   Leland 

Home  for  Aged  Women 722 

Agricultural  college,  Massachusetts,  certain  military  property  may 

be  transferred  to 10G2 

grants  of  money   for  benefit  of,   from   the   United   States, 

accepted 1027 

Agricultural  societies,  bounties  to 735 

Agricultural  and  Industrial  Society,  Weymouth,  incorporated  •        ,  708 

allowance  to 10G7 

Agriculture,  state  board  of,  to   collect   and  circulate  information 

relating  to  abandoned  farms  .......  848 

to  investigate  into  the  dangers  arising  from   tuberculosis   in 

food  products  of  cattle 1099 

three  members  of,  to  constitute  a  state  dairy  bureau       .        .  1018 

assistant  secretary  to  be  appointed 1017 

duties  of  secretary  in  regard  to  preservation  of  ornamental 

and  shade  trees  on  highways GOl 

secretary  may  employ  an  assistant  clerk 862 

Albert  Manufacturing  Company,  may  hold  real  estate  within  this 

Commonwealth 1052 

Alcohol  inclosed  in  candy  shells,  sale  regulated 896 


1320  Index. 

Page 
Alclermen-at-large  in  cities,  concerning  ballots  for  ....  838 
Alewife  fishery  in  Herring  river  in  town  of  Bourne,  regulated  .        .       757 

Allen,  William,  in  favor  of  widow  of 1098 

Almshouse,  state,  allowance  for  new  insane  asylum  and  repairs  and 

improvements  at 1072 

and  state  farm,  trustees  to  make  annual  report  on  or  before 

the  first  day  of  November 861 

and  state  paupers,  relating  to 711 

Amendment  to  the  constitution,  proposed,  abolishing  property  quali- 
fication for  office  of  governor 1100 

fixing  the  number  of    members  necessary  to   constitute  a 
quorum  in  each  branch  of  the  general  court,  to  be  voted 

upon  by  the  people 1093 

relative  to  qualification  of  voters  for  governor,  lieutenant- 
governor,  senators  and  representatives,  to  be  voted  upon 

by  the  people 1075 

American  Oriental  Society,  may  hold  its  meetings  without  the  Com- 
monwealth        897 

Amesbury,  town  of,  to  be  indemnified  in  part  for  rebuildiug  New- 
bury port  bridge 1015 

Amesbury  and  Salisbury  Mills  Village,  Congregational  Society  of, 
name  changed  to  Main  Street  Congregational   Society  of 

Amesbury 769 

Anatomical  science,  for  promotion  of 774,  1013 

Ancient  Order  of  Foresters  of  America,  name  established         .        .       849 
Animals,  cruelty  to,  disposition  of  fines  collected  in  prosecutions  for,      866 
Appeals,  from  orders  of  inspectors  of  public  buildings      .         .        .       833 
from  superior  to  supreme  judicial  court,  when  frivolous,  sen- 
tence may  be  passed 930 

Appointment  of  election  officers  in  cities,  to  be  made  during  the 

month  of  September 829 

Apportionment  of  sewer  assessments  in  cities,  relating  to        .        .      720 
Appkopriations  : 

Maintenance  of  Government, — 
Legislative,   Executive,    Secretary's,   Treasurer's,  Auditor's, 
.    Attorney-General's,  Agricultural,  Educational,  Tax  Commis- 
sioner's and  Military  Departments 650 

Maintenance  of  Government,  additional,  — 
Supreme   Judicial,    Superior,   and   Probate   aud  Insolvency 
Courts,  and  District  Attorneys,  salaries         ....      656 
Maintenance  of  Government,  further  additional,  — 
Legislative,  Executive  and  Agricultural  Departments,  Com- 
missioners, State  House,  miscellaneous,  incidental  and  con- 
tingent expenses 678 

mileage  and  compensation  of  members  of  the  legislature,  for 

compensation  of  officers,  and  for  other  purposes  .         .        .       649 
charitable  expenses 662 


Index.  1321 

Page 
Appropriatioxs —  Concluded. 

salaries  and  expenses  at  tlie  state  farm 700 

salaries  and  expenses  of  the  district  police  ....  684 
salaries  and  expenses  at  the  state  almshouse  ....  697 
salaries  and  expenses  at  the  state  prison,  the  Massachusetts 

reformatory  and  the  reformatorj' prison  for  women  .  .  685 
printing  and  binding  public  documents,  for  editing  registra- 
tion report,  purchase  of  paper,  publishing  laws  and  prepar- 
ing tables  and  indexes  to  the  statutes  .....  661 
compensation  and  mileage  of  officers  and  men  of  the  volun- 
teer militia,  and  for  other  expenses  of  the  military  depart- 
ment          670  . 

Commonwealth's  flats  improvement  fund          ....      665 
cei'tain  allowances  authorized  by  the  legislature      .         .        .       660 
payment  of  state  and  military  aid  and  for  expenses  in  connec- 
tion therewith 66i 

sundry  agricultural  expenses 669 

for  expenses  authorized  in  the  year   1891,  and   for   certain 

other  expenses  authorized  by  law  .         .        765,  863,  908,  978,  1053 
deficiencies  in  appropi'iations  for  certain  expenses  authorized 

in  the  year  1890  and  previous  years 666 

current  expenses  at  Westborough  insane  hospital  for  the  year 

1890 749 

certain  educational  expenses 676 

carrying  out  the  provisions  of  act  relative  to  employment  of 

prisoners  in  the  prisons  of  the  Commonwealth     .        .        .      687 
extermination  of  insect  known  as  the  ocneria  dispar  or  gypsy 

moth 789,  980 

investigations  into  the  best  methods  of  protecting  the  pui'ity 

of  inland  waters 707 

prison  and  hospital  loan  sinking  fund 664 

salaries  and  expenses  at  Lymau  school  for  boys  at   "West- 
borough  689 

salaries  and  expenses  at  state  industrial  school  for  girls  .      688 

salaries  and  expenses  at  state  primary  school  at  Mouson        .      688 

Massachusetts  homeopathic  hospital 677 

state  house  loan  sinking  fund,  1901 896,959 

Massachusetts  State  Firemen's  Association,  for  the  Carney 

hospital  and  for  certain  other  expenses  authorized  by  law,      908 
woman's  charity  club  hospital,  for   expenses  in  connection 
with  abolition  of  grade  crossings  and  for  certain  other  ex- 
penses authorized  by  law 978 

Arbitration  and  conciliation,  state  board  of,  printing  and  distril)u- 

tion  of  reports  of 777 

extra  copies  of  report  to  be  printed 1062 

Arlington,  town  of,  may  issue  bonds  for  payment,  etc.,  of  water 

debt 726 


1322  Index. 

Page 
Armory,  in  Fitchburg,  allowance  for  furnishing        ....     1083 
Armory  Hill  Young  Men's  Christian  Association  of  Springfield  and 
The  Springfield  Young  Men's  Christian  Association  may 


712 
697 
959 

720 


unite 

Arnold,  James,  fund,  trustees  of,  incorporated  . 
Arsenic,  sale  of  articles  containing,  relative  to  . 
Assessments,  sewer,  apportionment  of,  in  cities 
Assessors  of  taxes,  to  make  return  to  secretary  of  the  Common- 
wealth of  number  and  value  of  fowl  assessed        .        .        .       701 
to  cause  street  lists  of  persons  assessed  for  poll  taxes  to  be 

printed  for  public  distribution 845 

to  administer  oaths  to  persons  bringing  in  lists  of  property 

for  assessment 972 

Assistant  clerk  of  courts,  Worcester  county,  salary  established        .       716 
Assistant  district  attorney,  south  eastern  district,  may  be  appointed,      727 
Assistant  register  of  probate  and  insolvency,  county  of  Snlfolk,  sal- 
ary established 715 

Associations  : 

Pi-otection  of  Destitute  Roman  Catholic  Children  in  Boston, 

for  the,  proceedings  confirmed ;  name  changed    .        .        .       870 
Boston  Provident,  the,  may  hold  additional  real  and  personal 

estate 672 

Gettysburg  Battlefield  Memorial,  allowance  to,  for  erecting 
memorial  tablets     ........    1079,  1083 

Harwich  Port  Cemetery,  incorporated      .....       694 

Milford  Mutual  Relief,  name  changed  to  New  England  Benefit 

Association  of  Milford 731 

New  England  Commercial  Ti'avellers,  may  increase  reserve 

fund 754 

Real  Estate  and  Building,  Wakefield,  charter  extended   .        .       068 
Salem  Building,  may  issue  preferred  stock       ....       710 
Springfield  Young  Men's   Christian,  The,  and  the   Armory 
Hill  Young  Men's  Christian  Association  of  Springfield  may 

unite  and  consolidate 712 

Young  Men's  Training  School  of  Springfield,  name  changed 
to  International  Young  Men's  Christian  Association  Train- 
ing School 671 

Associations,  fraternal  beneficiary,  may  return  to  members  certain 

additions  to  death  funds 757 

veteran  tii'emen's,  public  buildings  may  be  leased  to  .  .  795 
Atlas  map  of  Massachusetts,  printing  and  distribution  of  .  1070,  1090 
Attorneys,  disbarred,  or  persons  falsely  representing  themselves  to 

be  attorneys  at  law,  relating  to 1023 

Auction,  sales  of  goods  taken  into  a  city  or  town  to  be  sold  by, 

relating  to 747 

Auditor's  department,  salaries  of  clerks  in 960 

Aj'er,  town  of,  in  favor  of 10C8 


Index. 


1323 


B. 

Badges  of  the  sons  of  veterans  and  woman's  relief  corps,  unlawful 

using  or  wearing  of 

Baldwinville,  First  Congregational  Church  and  Society  in,  proceed 

ings  confirmed 

Ballot  boxes,  state,  to  be  under  supervision  and  control  of  secretary 
of  the  Commonwealth     ...... 

Ballot  officers,  additional,  to  be  appointed 

Ballots,  assistance  to  voter  in  marking,  in  case  of  disability 

no  more  names  bearing  same  party  designation  to  appear  on 
than  there  are  persons  to  be  elected      .... 

for  aldermen-at-large  in  cities,  concerning 
Bank,  Co-operative,  Canadian,  corporation  dissolved 

Revei'e,  corporation  dissolved  ..... 

Bank,  Savings,  Mechanics',  of  Reading,  incorporated 

Peutucket,  incorporated    

Shawme,  corporation  dissolved         ..... 
Waltham,  certain  taxes  assessed  against,  to  be  refunded 

Bankruptcy  law,  resolution  in  favor  of  a 

Banks,  savings,  taxes  on  real  estate  of,  used  for  banking  purposes 

to  be  refunded 

Bar,  public,  law  relative  to  keeping,  amended   .... 
Barnstable  county,  superior  court  for,  sittings  of      .        .        . 
Bass  river  bridges  in  Dennis  and  Yarmouth,  expense  of  supportin 
apportioned     ......... 

Bastardy  cases,  bonds  in,  relating  to 

Battlefield  of  Gettysburg,  allowances  for  erection  of  memoi-ial  tab- 
lets   1079 

Belchertown,  town  of,  proceedings   at  annual  town  meeting  con- 
firmed       

Belmont,  town  of,  and  city  of  Cambridge,  division  lines  between 
Beneficiary  associations,  fraternal,  may  return  to  members  certain 

additions  to  death  funds 

Bennington  battle  monument,  dedication  of,  relating  to    . 
Bernardston,   Congregational  Unitarian   Society   of,   name  estab 

lished;  proceedings  confirmed       .... 
Billerica,  town  of,  exempt  from  maintaining  a  high  school 
Bluefish,  not  to  be  taken  with  nets  or  seines  in  Wellfieet  bay 
Board  of  agriculture,  state,  three  members  of,  to  constitute  a 

dairy  bureau 

assistant  secretary  to  be  appointed  .... 

secretary  of,  may  employ  an  assistant  clerk 

duties  of  secretary  of,  in  tlie  preservation  of  trees  on 

ways 

^           to  collect  information  relative  to  abandoned  farms . 
K          to  investigate  dangers  arising   from   tuberculosis  in 
'  products  of  cattle •      . 


state 


high- 
G91, 


food 


Page 
669 

849 

891 
682 
809 

838 
838 
722 
722 
721 
710 
722 
1073 
1103 

76't 

948 
767 

746 
946 

1083 

919 
830 

757 
1088 

673 
820 
743 

1018 

1017 

862 

1082 
848 

1099 


3324  Index. 


Page 
Board  of  arbitration,  etc.,  printing  and  distribution  of  report  of,  777,  1062 
Board  of  gas  and  electric  light  commissioners,  relating  to        .        .       917 
Board  of  harbor  and  land  commissioners,  to  investigate  and  report 
upon  plans   for  marking  places  dangerous  to  yachts   and 

small  boats jq^- 

Board  of  health,  state,-  requirement  that  certain  returns  should  be 

made  to,  repealed 733 

Boardofhealthof  the  city  of  Waltham,  concerning.        .         .        .740 
Board  of  lunacy  and  charity,  money  to  be  advanced  to  disbursing 

officer  of g()3 

to  prevent  false  representations  to 904 

Board  of  railroad  commissioners,  to  make  recommendations  relative 

to  making  np  freight  trains,  etc 734 

to  collect  statistics  and  inquire  into  the  subject  of  pensioning 

railroad  emploj'ees  injured  in  discharge  of  duty  .  .  .  1077 
to  investigate  the  zone  sj-stem  of  passenger  fares  .  .  .  1074 
to  inquire  into  the  subject  of  employment  of  brakemeu  on 

freight  trains 2097 

may  require  a  corporation  whose  railroad  crosses  above  the 
level  of  a  highway,  to  signal  approach  of  trains  .        .        .740 
Board  of  registration  in  dentistry,  additional  copies  of  report  to  be 

printed 7Qg 

Board  of  registration  in  pharmacy,  allowance  to,  for  better  enforce- 
ment of  the  law  regulating  practice-  of  pharmacy        .        .     1085 
Board  of  survey,  providing  for  appointment  of,  in  the  city  of  Boston,      881 

Board  of  Trade,  Gloucester,  incorporated 673 

Board  of  World's  Fair  Managers  to  be  appointed       ....     1091 
Boarding  houses  at  state  normal  schools,  to  be  under  management 

of  state  board  of  education 973 

Bonds,  in  bastardy  cases,  relating  to 946 

given  by  trustees  without  sureties,  relating  to         .        .         .      901 
Bonds,  etc.,  to  be  redeemed  by  corporations  in  numerical  order,  etc., 

not  to  be  issued 972 

Boom  and  Lumber  Company,  Holyoke  and  Northampton,  charter 


extended . 


848 


Boston,  city  of,  borrowing  money  by,  further  regulated   .         .        .785 

district  and  municipal  courts  in,  relating  to  fees  in  .  ,  977 
election  of  members  of  common  council  from  Avards  22  and 

25  in 7J3 

harbor  lines  in  South  bay  changed 872 

location,  laying  out  and  construction  of  highways  in  .  .  880 
may  anticipate  authority  to  borrow  money  within  debt  limit 

for  any  current  municipal  year 716 

may  construct  sea  wall  and  extend  Charles  river  embankment,  904 

may  incur  debt  for  park  purposes  beyond  limit  fixed  by  law  .  862 


may  incur  indebtedness  outside  debt  limit  for  completing  new 
public  library  building 


^aljj^ 


Index.  1325 


Boston,  city  of —  Concluded. 

relative  to  bridge  connecting  the  city  proper  with  East  Boston,  974 

to  build  bridge  across  reserved  channel  in  South  Boston        .  975 
may  pay  S  1,000  to  widow  of  John  T.  Kilty,  late  an  employee 

in  the  bridge  department 693 

may  pay  salary  to  widow  of  Richard  F.  Tobin,  late  of  the 

board  of  fire  commissioners 692 

pensions  for  disabled  members  of  fire  department  of       .        .  1011 
cei-tain  statistics  to  be  collected  relative  to  families  residing 

in  rented  tenements 1098 

time  extended  to,  for  payment  of  certain  debts        .        .        .  880 

and  suburbs,  commission  to  promote  rapid  transit  for     .         .  94-t 

and  city  of  Somerville,  boundary  line  between,  changed          .  856 

Boston,  Cape  Cod  and  New  York  Canal  Company,  incorporated       .  984: 

Boston  and  Lowell  Railroad  Corporation,  may  increase  capital  stock,  786 

tracks  of,  city  of  Lowell  may  remove  and  relocate   .         .         .  792 

Boston  and  Maine  Railroad,  extension  of,  may  be  aided  by  town  of 

Stoneham         ..........  797 

granted  further  time  to  complete  works  required  of  Mystic 

River  Corporation 810 

may  purchase  franchise  and  property  of  any  railroad  cor- 
poration operated  by  it  under  lease,  contract,  etc.        .        .  868 
Boston  Provident  Association,  may  hold  additional  estate         .        .  672 
Boston   Railway  Company,  bill  to  incorporate,  referred   to  rapid 

transit  commission 1097 

Boston,  Revere  Beach  and  Lynn  Railroad  Compauj%  may  unite  and 
consolidate  with  the  Boston,  Winthrop  and  Shore  Railroad 

Company 699 

locations  in  county  of  Suffolk  confirmed 704 

Boston,  Caledonian  Club  in,  may  hold  additional  estate    .        .        .  723 

Boston,  University  Club  of,  incorporated 1026 

Boston,  Widows'  Society  in,  may  hold  additional  property        .        .  706 
Boston,  Winthrop  and  Shore  Railroad  Company  may  unite  and  con- 
solidate with  Boston,  Revere  Beach   and  Lynn  Railroad 

Company 699 

locations  in  county  of  Suffolk  confirmed 704 

Boston  Society  of  Natural  History,  may  hold  additional  estate         .  743 
Boston  Tow  Boat  Company,  may  increase  capital  stock    .         .         .  724 
Boundary  line,  between  Massachusetts  and   New  Hampshire,  pro- 
viding for  erection  of  monuments  in  connection  with         .  1081 

Bounties,  to  agricultural  societies,  relating  to 735 

may  be  paid  to  two  soldiers  by  town  of  Randolph    .        .         .  754 
Bourne,  town  of,  selectmen  maj'  regulate  alewife  fishery  in  Her- 
ring river 757 

Bowdoin  College,  relating  to  president  and  trustees  of     .        .         .  1080 

.  Braintree,  town  of,  may  supply  itself  with  water       ....  906 

Brakemen  on  freight  trains,  relating  to 1097 


1326  Index. 

Page 

Bribery  of  certain  public  officers,  relative  to 916 

Bridge,  between  Boston  and  East  Boston,  harbor  and  land  commis- 
sioners to  consider  expediency  of  building   ....  974 
across  reserved  channel  at   South  Boston,  to  be  built  and 

maintained  by  city  of  Boston 975 

Newburyport,  relating  to  expense  of  rebuilding      .         .     819,1015 
may  be    built    over    tide-water  at    Osterville,   in    town    of 

Barnstable 674 

may  be  built  over  an  arm  of  West  Falmouth  harbor,  in  town 

of  Falmouth 697 

across   Connecticut  river   between    Holyoke    and   Chicopee, 

laying  out  and  constructing 961 

public  highway,  across  Cohasset  narrows  between  towns  of 

Wareham  and  Bourne 1014 

Bridges,  Bass  river,  expense  of  supporting,  apportioned  .        .        .  746 

Bridges,  county,  jurisdiction  over,  given  to  towns    ....  763 

Briggs,  Maiy,  in  favor  of 1061 

Bristol,  second  district  court  of,  salary  of  justice       ....  724 
Bristol  county,  registry  of  deeds  for  northern  district  of,  copies  of 

certain  records  and  plans  to  be  recorded  in  .        .         .        .  767 

registry  of  deeds  to  be  established  at  Fall  River      .         .        .  806 
sittings  of  supreme  judicial  court  and  superior  court  for  civil 

business 851 

Brockton,  city  of,  court  house  to  be  built  in 688 

Brown,  Benjamin  F,  justice  of  the  peace,  acts  confirmed         .         .  1074 

Buckley,  Patrick,  in  favor  of        ........  1071 

Building  Association,  Salem,  may  issue  preferred  stock    .        .        .  710 

Wakefield  Real  Estate  and,  charter  extended  ....  668 

Buildings  in  cities,  restricted  in  height 919 

Bulletin  of  committee  hearings,  publication  authorized     .        .         .  1058 
Bureau  of  statistics  of  labor,  to  collect  statistics  relative  to  families 

residing  in  rented  tenements  in  city  of  Boston     .        .        .  1098 

to  be  provided  with  room  for  storage L065 

rooms  of,  may  be  used  for  tabulation  of  special  statistics  for 

United  States  census 1085 

Bureau,  state  dairy,  established 1016 

Burr,  Lemuel,  in  favor  of 1086 

Bust  in  Doric  hall,   inscription  on  pedestal  to  be  changed  from 

Samuel  Adams  to  Washington 1084 

Butter,  imitation,  to  prevent  deception  in  manufacture  and  sale  of,  695,  1016 

Buzzard's  bay,  fisheries  in,  relating  to 890 

c. 

Caledonian  Club,  in  city  of  Boston,  may  hold  additional  estate         .  723 

Cambridge,  city  of,  may  borrow  in  excess  of  limit  allowed  by  law  .  878 

charter  amended 931 

and  town  of  Belmont,  division  lines  between  ....  830 


Index.  1327 

Page 

Canadian  Co-operative  Bank,  corporation  dissolved  ....  722 

Canal  Company,  Boston,  Cape  Cod  and  New  York,  incorporated  .  984 
Candidates,  nomination  of,  to  fill  vacancies  caused  by  withdrawals, 

etc 846 

for  town  offices,  withdrawal  of  names  of,  provided  for  .        .  753 

Candy  shells  inclosing  liquid  containing  alcohol,  sale  regulated       .  896 

Cape  Cod  Ship  Canal  Company,  provisions  affecting  ....  984 

Cape  Poge  Ferry  Company,  incorporated   .        .        .         .        .        .  748 

Capital  crimes,  prosecutions  for,  relating  to       ....        .  966 

Carney  hospital,  in  favor  of 1081 

Cars,  passenger,  on  railroads,  heating  regulated         ....  822 

Catholic  Children,  Roman,  Home  for  Destitute,  name  established     .  876 

Cemetery,  Forest  Hills,  The  Proprietors  of,  charter  amended   .         .  668 

Cemetery  Association,  Harwich  Port,  incorporated  ....  694 
Census,  United   States,  special  statistics  for,  may  be  tabulated  in 

rooms  of  bureau  of  statistics  of  labor 1085 

Certificates  of  nomination  and  nomination  papers,  when  to  be  filed,  707,  SG7 

Certificates  of  divorce,  unlawful  issuing  of,  relating  to  .  .  .  696 
Certificates  by  agricultural  societies  claiming  bounties,  relating  to 

filing  of 735 

Change  of  names 1165 

Chapin,  Harry,  in  favor  of 1063 

Charitable  eye  and  ear  infirmary,  Massachusetts,  in  favor  of  .  .  1080 
Charitable  institutions,  inmates  afflicted  with  malignant  diseases, 

detention  and  treatment  provided  for 1025 

Charles  River  Embankment  Company,  time  extended  for  completion 

of  improvements  by        ......         .       867,  904 

Charles  river  embankment,  may  be  extended  by  the  city  of  Boston,  904 

Charles  river  improvement  commission,  established  ....  976 

Chelsea,  city  of,  may  pay  and  refund  its  funded  debt        .        .       821,  960 

may  refund  portion  of  its  water  indebtedness  ....  808 

Chicopee,  police  court  of,  providing  for  a  clerk         ....  709 

Chiefs  of  fire  departments  in  cities,  certain  powers  conferred  upon,  802 

Children,  Home  for  Destitute  Roman  Catholic,  name  established      .  876 

compulsory  school  age  of,  raised  to  fifteen  years  .  .  .  929 
minor,    under  guardianship,  parents  may  be   compelled   to 

contribute  to  support  of         ......         .  923 

Chollar,  Putnam  and  Sprague  Company,  name  changed  to  the  Put- 
nam and  Sprague  Company 689 

Christian  Association,  Young  Men's,  of  Springfield  and  The  Armory 

Hill  Young  Men's,  may  consolidate 712 

Christian  Association  Training  School  of  Springfield,  Young  Men's, 

name  changed 671 

Churches,  incorporated,  relating  to  officers  of 836 

Cities,  apportionment  of  sevver  assessments  in 720 

buildings  in,  restricted  in  height       ......  919 


chiefs  of  fire  departments  in,  certain  powers  conferred  upon,      802 


1328  Index. 

Page 
Cities  —  Concluded. 

election  officers  in,  to  be  appointed  in  the  month  of  September,  829 

may  regulate  the  sale  of  wood  prepared  for  fuel      .        .        .  744 

relating  to  stables  in 796 

watering  streets  in,  relating  to 770 

Cities  and  towns,  custody  of  records  and  official  papers  of      .        .  902 

may  lease  public  buildings  to  veteran  firemen's  associations  .  795 

may  manufacture  and  distribute  gas  and  electricity         .         .  949 

support  of  paupers  by,  relating  to 714,  752 

temporary  loans  by,  relating  to 797 

City  of  Boston,  borrowing  of  money  by,  further  regulated        .        .  785 

district  and  municipal  courts  in,  relating  to  fees  in         .         .  977 
election  of  members  of  the  common  council  from  wards  22 

and  25  in 713 

harbor  lines  in  South  bay  changed 872 

location,  laying  out  and  construction  of  highways  in      .        .  880 
may  anticipate  its  authority  to  borrow  money  within  its  debt 

limit  for  any  municipal  year 716 

may  construct  a  sea  wall  and  extend  the  Charles  river  em- 
bankment          904 

may  incur  a  debt  for  park  purposes  beyond  the  limit  fixed  by 

law 862 

may  incur  indebtedness  outside  the  debt  limit  for  completing 

the  new  public  library  building 888 

to  build  a  bridge  across  the  reserved  channel  in  South  Boston,  975 
relative  to  bridge  connecting  the  city  proper  with  East  Bos- 
ton    974 

may  pay  $1,000  to  the  widow  of  John  T.  Kilty         .        .        .693 

may  pay  salary  to  the  widow  of  the  late  Richard  F.  Tobin      .  692 

pensions  for  disabled  members  of  the  fire  department      .        .  1011 

relative  to  families  residing  in  rented  tenements  in         .        .  1098 

time  extended  for  payment  of  certain  debts      ....  880 

and  city  of  SoraerviUe,  boundary  line  between,  changed         ,  856 

and  suburbs,  commission  on  rapid  transit  for ....  944 

City  of  Brockton,  court  house  to  be  built  in 688 

City  of  Cambridge,  may  borrow  money  in  excess  of  the  limit  allowed 

by  law 878 

charter  amended 931 

and  town  of  Belmont,  division  lines  between  ....  830 

City  of  Chelsea,  may  pay  and  refund  its  funded  debt        .        .       821,  960 

may  refund  portion  of  water  indebtedness        ....  808 

City  of  Fall  River,  may  take  land  for  protection  of  water  supply     .  727 

registry  of  deeds  to  be  established  in 806 

The  Globe  Yarn  Mills  of,  may  increase  capital  stock       .        .  672 
City  of  Gloucester,  may  raise  money  for"celebration  of  anniversary 

of  incorporation  as  a  town      .......  889 

ward  six  in,  to  be  divided  into  two  voting  precincts        .         .  739 


Index.  1329 

Page 

City  of  Haverhill,  may  borrow  money  beyond  tlie  lawful  limit  .        .  803 

water  supply  for 911 

"Wachusett  Club  in,  incorporated 723 

Pentucket  Savings  Bank  of,  incorporated         ....  710 
City  of  Holyoke,  certain  voters  in  ward  seven  may  vote  in  ward 

tliree 810 

may  incur  indebtedness  beyond  the  lawful  limit       .        .         .  791 

City  of  Lawrence,  flre  department  of,  established       ....  843 
industrial  school  at,  inmates  may  be  transferred  to  the  truant 

school 976 

City  of  Lowell,  cemeteries  in,  management  provided  for  .        .        .  899 

may  take  lands  for  public  burial  grounds 898 

tracks  of  the  Boston  and  Lowell  Railroad  in    .        .         .         .  792 

City  of  Lynn,  drainage  board  for 899 

ma)'  make  an  additional  water  loan 725 

number  of  aldermen  increased 741 

City  of  Marlborough,  may  fill  vacancies  in  sewerage  construction 

committee 974 

may  raise  additional  money  for  constructing,  etc.,  a  system  of 

sewerage,  etc. 1020 

time  extended  for  election  of  assessors 716 

City  of  Newburyport,  may  issue  bonds,  notes,  etc.,  not  exceeding 

$200,000 749 

City   of  New  Bedford,   board  of  public  works  made  park  com- 
missioners          823 

px'oceedings  in  an  election  in,  confirmed 837 

City  of  Pittsfield,  may  elect  city  engineer 795 

City  of  Quincy,  may  construct  system  of  sewerage    ....  811 
school  committee  of,  to  furnish  certain  estimates  to  city  coun- 
cil      829 

may  supply  itself  with  water 1002 

City  of  Salem,  conductors,  drivers,  etc.,  of  street  railway  cars  in, 

may  be  licensed 742 

and  town  of  Peabody,  highway  between,  apportionment  of 

expense  of  construction          .......  783 

may  take  land  for  preserving  purity  of  water  supply  .        .        .  849 

City  of  Somerville,  may  lay  out  and  maintain  a  public  park       .        .  875 

boundary  line  changed  between  Boston  and      ....  856 

police  court  of,  salary  of  justice 756 

City  of  Springfield,  relating  to  sinking  fund  for  payment  of  water 

bonds  of 752 

City  of  Taunton,  may  cede  to  the  United  States  land  for  post  office 

building 780 

may  incur  indebtedness  beyond  debt  limit        .        .        .        .  751 

court  house  at,  to  be  rebuilt,  etc 732 

City  of  Waltham,  additional  water  supply  for 828 

board  of  commissioners  of  sewerage   for,    act  establishing, 

amended 706 


1330 


Index. 


City  of  Waltham  —  Concluded. 

board  of  health  of,  concerning 

may  issue  bonds,  etc.,  for  the  refunding  of  water  debt    . 
Home  for  Aged  "Women  in,  name  changed 
City  of  Woburn,  board  of  sewerage  commissioners  for 
City  of  Worcester,  may  renew  funded  loan         .... 

allowance  for  street  betterment  assessment  on  property  of 

the  Commonwealth  in 

Memorial  Hospital  in,  name  established    .... 

Civil  government 

Civil  service  commissioners,  may  summon  witnesses  and  take  testi 

mony 

Claims  for  pensions,  to  expedite  settlement  of  . 

Clerical  assistance  for  the  justices  of  the  supreme  judicial  court 

Clerk,  executive,  salary  established 

second  district  court,  eastern  Middlesex,  salary  established 
fourth  district  court  of  Plymouth,  salary  established 
assistant,  secretary  of  state  board  of  agriculture  may  employ 
police  court  of  Fitchburg,  salary  established  . 
police  court  of  Chicopee,  providing  for    .... 
Clerks,  auditor's  department,  salaries  established      ... 

first  and  second,  office  of  the  secretary  of  the  Commonwealth 

salaries  established 

supreme  judicial  court,  fees  of 

Clerks  of  courts,  etc.,  in  Suffolk  county  to  pay  over  to  the  city  of 

Boston,  monthly,  fees  and  other  moneys  by  them  received, 

Clothing  made  in  unhealthy  places,  to  prevent  sale  of,  etc. 

Club,  Caledonian,  in  Boston,  may  hold  additional  estate   . 

University,  of  Boston,  incorporated         .... 
Wachusett,  in  Haverhill,  incorporated      .... 

Winthrop  Yacht,  name  established 

Coal  Company,  Thompson  and  Baker,   name  changed  to  N.    A 
Thompson  Coal  Company       ...... 

Cohasset,  town  of,  doings  at  town-meeting  confirmed 
College,  Bowdoin,  relating  to  president  and  trustees  of    . 

Massachusetts  agricultural,  certain  military  property  may  be 

transferred  to 

Smith,  trustees  of,  may  hold  additional  estate 
Colleges  for  benefit  of  agriculture  and  mechanic  arts,  grants   of 

money  for,  from  the  United  States,  accepted 
Commercial  Travellers   Association,  New  England,  may  increase 
reserve  fund    ......... 

Commission,  Charles  river  improvement,  established 

to  promote  rapid  transit  for  the  city  of  Boston  and  suburbs 

to  be  appointed 

to  investigate  the  subject  of  manual  training  and  industrial 
education,  to  be  appointed 


Page 

740 
761 
722 
969 
751 

1073 

667 

1173 

745 
780 

714 
1016 
721 
777 
8G2 
706 
709 
960 

1016 
713 

807 
922 
723 
1026 
723 
733 

761 

793 

1080 

1062 
695 

1027 

754 
976 

944 

1096 


Index.  1331 

Page 
Commissioner  of  corporations,  clerical  assistance  for  .  .  .  OOt 
may  change  the  name  of  certain  corporations  .        .        .      928 

Commissioner  on  public  records  of  parishes,  etc.,  additional  copies 

of  report  to  be  printed 1059,1090 

Commissioner,  tax,  to  assess  upon  certain  corporations  the  expense, 

etc.,  of  care  of  deposits  made  with  the  treasurer  .        .       806 

Commissioners,  board  of  gas  and  electric  light,  relating  to  .  .  917 
civil  service,  may  summon  witnesses  and  take  testimony  .  745 
sewerage,  board  of,  in  Waltham,  relating  to  .  .  .  .  706 
sewerage,  board  of,  in  Woburn,  established  ....  969 
harbor  and  land,  board  of,  to  investigate  and  report  upon 

plans  for  marking  places  dangerous  to  yachts  and  small  boats,  1095 
metropolitan  sewerage,  disposition  of  certain  money  received 

from 778 

prison,  certain  returns  to  be  made  to 776 

for  the  promotion  of  uniformity  of  legislation  in  the  United 

States,  board  established 1012 

railroad,  board  of,  to  make  inquiry  relative  to  brakemen  on 

freight  trains 1097 

railroad,  may  recommend  changes  in  making  up  freight  trains 

and  in  sounding  whistles 784 

railroad,  may  require  corporation  whose  road  crosses  above 

the  level  of  the  highway  to  signal  approach  of  trains  .  .  740 
railroad,  to  collect  statistics,  etc.,  relative  to  injuries  received 

by  employees  . 1077 

railroad,  to  investigate  the  zone  system  of  passenger  fares  .  1074 
savings  banks,  may  prevent  foreign  co-operative  banking  cor- 
porations from  doing  business  in  this  Commonwealth  .  1010 
state  house,  may  lease  house  for  use  of  commissioners,  etc.  .  1064 
state  house,  to  provide  a  room  for  storage  for  the  bureau  of 

statistics  of  labor 1065 

Commissioners,  county,  may  provide  for  arranging  and  indexing  the 

probate  records       .........       799 

to  examine  reservoirs  and  dams  at  least  once  in  three  years  .  877 
Bristol,  may  borrow  money  for  rebuilding  court  house   at 

Taunton 732 

Bristol,  to  cause  copies  of  records  and  plans  to  be  recorded 

in  registry  of  deeds  for  the  northern  district  .  .  .  767 
Essex,    to    apportion   expense    of   constructing    a  highway 

between  Peabody  and  Salem 783 

Essex,  may  rebuild  and  extend  the  draw-fender  pier  of  the 

Newburyport  bridge,  etc 819,  1015 

Hampden,  to   lay  out  and  construct  a  highway  and  bridge 

across  Connecticut  river  between  Holyoke  and  Chicopee     .      961 

Norfolk,  salaries  cstablislied 709 

riy mouth,  may  borrow  money  to  complete  court  house  in 

Brockton G88 


1332  Index. 

Page 
Commissioners,  county  —  Concluded. 

Plymouth  and  Barnstable,  may  construct  a  highway  bridge 

between  Wareham  and   Bourne 1014 

Worcester,  salaries  established 709 

Committee  hearings,  bulletin  of 1058 

Commitments   to   Massachusetts  hospital  for    dipsomaniacs    and 

inebriates         . 755 

Commonwealth,  interest  of,  in  land  in  the  town  of  Winchester, 

release  of 1089 

property  of,   allowance  for  payment   of  street    betterment 

assessment  on,  in  city  of  Worcester 1073 

relative  to  participation  of,  in  the  world's  Columbian  exposi- 
tion  1091 

Companies,  street  railway,  property  and  franchises  of,  relative  to 

taxes  on 1096 

Company,  Boston  Railway,  bill  to  incorporate,  referred  to  the  I'apid 

transit  commission 1097 

Conductors,  drivers,  etc.,  of  street  railway  cars  in  city  of  Salem 

may  be  licensed 742 

Congregational    Church   and  Society,  First,  in   Baldwinville,  acts 

made  valid 849 

Congregational   Society,   Araesbury  and   Salisbury   Mills  Village, 

name  changed 769 

Everett,  proceedings  confirmed 746 

Congregational  Unitarian  Society  of  Bernardston,  name  established ; 

proceedings  confirmed 673 

Congress,  representatives  in,  districts  for  choice  of  .        .        .         .       980 
Connecticut  river,  allowance  for  protection  of  town  of  West  Spring- 
field against  encroachments  of 1088 

bridge  and  highway  across,  between  Holj'oke  and  Chicopee, 

laying  out  and  constructing 961 

conservation  of,  relating  to 836 

Constitution,   amendment  to,    proposed,   abolishing  the   property 

qualification  for  office  of  governor 1100 

fixing  the  number  of  members    necessary  to    constitute   a 
quorum  in  each  branch  of  the  general  court,  to  be  voted 

upon  by  the  people 

relative  to  the  qualification  of  voters  for  governor,  lieutenant- 
governor,  senators  and  representatives,  to  be  voted  upon  by 

the  people 

Consumptives'  Home,  trustees  of  the,  may  hold  additional  estate 
Conveyance  of  real  estate  in  cases  of  disseizin,  relative  to 
Co-operative  Bank,  Canadian,  corporation  dissolved 

Revere,  corporation  dissolved 

Co-operative  banking  associations,  foreign,  may  be  prevented  from 

doing  business  in  this  Commonwealth  .... 
Corporations,  commissioner  of,  allowance  for  clerical  assistance 
may  change  the  names  of  certain  corporations 


1093 


1075 
690 
919 
722 
722 

1010 
904 
928 


Index.  1333 

Page 
Corporations,  may  be  formed  for  purpose  of  generating  and  fur- 

nisliing  hydrostatic  pressure  for  mechanical  power      .        .  776 
not  to  issue  bonds,  etc.,  to  be  redeemed  in  numerical  order, 

etc 972 

relating  to  corporate  names  of 830 

weekly  payment  of  wages  by,  relating  to          ....  809 
foreign,  engaged  in  negotiating  mortgages,  etc.,  supervision 

of 841 

certain,  to  annually  file  in  the  office  of  the  secretary  certificate 

of  condition 902 

Counties,  expenses  of  district,  police  and  municipal  courts  to  be 

paid  by 705 

Counting  and  canvassing  votes,  to  provide  a  uniform  system  of      .  890 
County  commissioners.     See  Commissioners. 

County  taxes,  granted 1070 

County  treasurers,  to  make  returns  to  the  commissioners  of  prisons,  776 
Couplers  and  brakes  on  freight  cars,  resolution  relating  to       .        .  1106 
Court   City   of   Lawrence  No.    6G79  Ancient  Order  of   Foresters 
Friendly  Society,  name  changed  to  Ancient  Order  of  For- 
esters of  America 849 

Court,  district,  southern  Noi'folk,  established 839 

second,  eastern  Middlesex,  salary  of  clerk       ....  724 

second,  Bristol,  salary  of  justice       ......  724 

Hampshire,  relating  to  practice  in 745 

fourth,  Plymouth,  salary  of  clerk 777 

Court,  municipal,  Charlestown  district,  city  of  Boston,  salary  of 

justice 756 

Court,  police,  Chicopee,  office  of  clerk  established    ....  709 

Fitchburg,  salary  of  clerk 706 

Lynn,  salary  of  justice 757 

Somerville,  salary  of  justice .  756 

Court,  superior,  additional  jurisdiction  conferred  upon    .        .        .  855 

to  have  exclusive  original  jurisdiction  of  capital  crimes  .        .  966 
to  have  jurisdiction  in  equity  to  determine  questions  between 

joint  owners  of  personal  property 973 

fees  of  clerks      ..........  713 

for  civil  business  for  county  of  Bristol,  sittings  of  .        .        .  851 

sentence  in  criminal  cases  in,  where  appeal  appears  frivolous,  930 

trials  in,  without  a  jury,  relating  to 801 

for  the  county  of  Barnstable,  sittings  of 767 

Court,  supreme  judicial,  to  have  jurisdiction  in  equity  to  determine 

questions  between  joint  owners  of  personal  property  .        .  973 

clerical  assistance  provided  for  the  justices  of.         .        .        .  714 

fees  of  clerks 713 

for  county  of  Bristol,  sitting  of 851 

for  the  county  of  Suflfolk,  officers  in  attendance  to  wear  uni- 
forms         771 


1334  Index. 

Page 

Court  Louse  at  Taunton,  improvement  and  rebuilding  of  .         .        .  732 
Courts,  clerks  of,  etc.,  Suffolk  county,  lines,  etc.,  received  by,  to  be 

paid  to  city  of  Boston  monthly 807 

Courts,  district  and  municipal,  in  the  city  of  Boston,  fees  in    .        .  977 
Courts,  district,  police  and  municipal,  expenses  of,  to  be  paid  by 

counties 705 

justices  to  appoint  probation  officers 920 

Courts,  probate,  given  jurisdiction  in  equity  on  administration  of 

estates  of  deceased  persons 1021 

may   compel   parents  to   contribute    to    support    of   minor 

children  under  guardianship 923 

Crimes,  capital,  prosecutions  for 9G6 

Criminal  cases,  relating  to  fines  in 1022 

in  superior  court,  sentence  where  appeal  appears  frivolous     .  930 

Cross,  Henry  J.,  in  favor  of 1064 

Crossings,  grade,  to  promote  abolition  of  .        .         .        .        683,  734,  834 

Cruelty  to  animals,  fines  collected  in  prosecutions  for,  disposition  of,  866 


D. 

Dairy  bureau,  state,  established .        •  1016 

Dairy  products,  protection  of 1016 

Dalton,  town  of,  Fire  District  of,  may  issue  additional  bonds  .         .  775 
Danvers,  town  of,  may  generate  and  distribute  electric  light  and 

power ;  former  action  legalized 962 

Dearborn,  Charles  A.,  in  favor  of 1060 

Deerfield  Valley  Railroad,  may  be  purchased  or  leased  by  Hoosac 

Tunnel  and  Wilmington  Railroad  Company  ....  786 

Denham,  Hiram  N.,  in  favor  of 1066 

Dentistry,  board  of  registration  in,  additional  copies  of  report  to 

be  printed 708 

Deposit  and  Trust  Company,  Mattapan,  incorporated       .        .         .  762 
Deposits  made  with  treasurer  and  receiver-general,  relative  to  care 

of 805 

Destitute  Roman  Catholic  Children,  Home  for,  name  established     .  876 

Devens,  Charles,  allowance  for  the  erection  of  a  statue  of        .        .  1085 

resolutions  on  death  of 1102 

Dickinson,  Frederick  W.,  and  others,  may  build  a  bridge  over  tide- 
water at  Osterville  in  the  town  of  Barnstable       .         .         .  674 
Diplomas  of  graduates  of  state  normal  schools,  to  be  evidence  of 

fitness  to  be  teachers 756 

Dipsomaniacs  and  inebriates,  Massachusetts  hospital  for,  commit- 
ments to 755 

water  supply  for 868 

expenses  of,  provided  for 1091 

Direct  tax  levy,  acceptance  by  Commonwealth  of  reimbursement  of,  1071 


Index. 


1335 


Page 
1099 


Disabled  soldiers'  employment  bureau,  in  favor  of     . 

Disbarred  attorneys  and  persons  falsely  representing  themselves  to 

be  attorneys  at  law,  relating  to 

Disbursement  of  public  moneys,  advances  to  officers  intrusted  with 

Discliarge  of  mechanics'  liens,  relative  to  . 

Diseases  dangerous  to  public  health,  notice  of,  to  be  given  by  physi 

cian  to  the  selectmen  or  board  of  health 
Disseizin,  conveyance  of  real  estate  in  cases  of,  relating  to 
Distribution  of  the  school  fund,  relating  to         ...         . 
District  attorney,  southeastern  district,  may  appoint  an  assistant 
District  attorneys,  relating  to  allowances  to,  under  the  Mystic  and 

Charles  river  valleys  sewage  disposal  act 
District  court,  second,  Bristol,  salary  of  justice 

second,  eastern  Middlesex,  salary  of  clerk 

fourth,  Plymouth,  salary  of  clerk 

Hampshire,  pleadings  and  practice  in,  relating  to    . 

southern  Norfolk,  established 

District  and  municipal  courts  in  the  city  of  Boston,  fees  in 
District,  municipal  and  police  courts,  expenses  of,  to  be  paid  by 
counties 

justices  of,  to  appoint  probation  officers  .... 
District  police,  two  female  inspectors  on,  may  be  appointed    . 

two  additional  members  of  inspection  department  of,  to  be 

appointed 

Disti'icts  for  the  choice  of  representatives  in  Congress  established. 
Dividends,  declaration  of,  by  certain  insurance  companies,   regu- 
lated          

Divorce,  penalty  for  unlawful  issuing  of  certificates  of 

Documents,  public,  printing  and  distribution  of  708,  777,  778,  854:,  8G1 

Dorchester  Historical  Society,  incorporated 766 

Douglas,  town  of,  Providence  and  Springfield  Railroad  may  be  ex- 
tended into 974 

Drugs,  adulteration  of 879 

Drunkenness,  punishment  of ■  .     1033 

Duck,  close  season  for 746 

Diikes  county,  list  of  jurors  in 741 

Duxbury,  town  of,  may  fund  debt  and  issue  bonds    ....       672 


1023 
693 
819 

776 
919 
768 
727 

1096 
724 

724 
777 
745 
839 
977 

705 
920 
863 

923 

980 


696 


E. 


Easthampton,  town  of,  proceedings   of  annual  town-meeting  con- 
firmed        892 

may  supply  itself  with  w^ater 823 

Edes,  Robert  Ball,  in  favor  of 1068 

Edgartown,  The  Proprietors  of  the  New  Mattakessett  Creeks  in, 

may  use  seines  in  Katama  bay 693 


1336  Index. 

Page 

Election  blanks  and  instructions  to  be  furnished  by  secretary  of  the 

Commonwealth        .         .         .         .         .         .         -         .         .891 

Election  officers  in  cities,  to  be  appointed  in  September    .         .         .  829 
Election  of  state  and  city  officers,  hours  of  opening  and  closing  the 

polls 877 

Elections,  supervisors  of,  relative  to 835 

how  time  shall  be  reckoned  in  laws  relating  to,  etc.         .       707,  867 

town,  relative  to 6G5,  682 

Electric  Freight  Railway  Company,  Fall  River,  incorporated    .         .  736 

Quincy,  incorporated 924 

Electric  Light  Company,  Great  Barrington,   may  increase  capital 
stock,  and  purchase  property,  etc.,  of  the  Great  Barrington 

Gas  Light  Company 847 

Electric  light  plant,   action  of   town   of   Dauvers  in  establishing 

legalized,  etc 962 

Electricity  and  gas  may  be  manufactured  and  distributed  by  towns 

and  cities 949 

Embankment  Company,  Charles  River,  time  extended  for  comple- 
tion of  improvements  by 807 

Emerson,  "William,  in  favor  of 1067 

Employees,  engaged  in  weaving,  fines  not  to  be  imposed  on,  for 

imperfections 735 

of  state,  county,  city  and  town,  nine  hours  to  constitute  a 

day's  work 917 

Employment  of  legislative  counsel  and  agents,  and  returns  of  legis- 
lative expenses 798 

Employment  of  minors  fourteen  years  of  age  who  cannot  read  and 

write  in  the  English  language 878 

Employment  of  prisoners,  outside  places  of  confiuement,  prohibited,  787 

relating  to 958 

Endicott,  S.  Augustus,  in  favor  of  widow  of 1075 

Essex  county,  truant  school  for,  inmates  of  industrial  school  at  Law- 
rence may  be  transferred  to 970 

Estate  of  William  "Washburn,  in  favor  of 1060 

Estates,  insolvent,  relative  to  settlement  of 1001 

Estates  of  deceased  persons,  relative  to      .....    1020,  1021 

Estates  sold  for  taxes,  redemption  of,  to  prevent  excessive  charges 

in  cases  of        .....         ...         .        .  851 

Everett,  town  of,  may  issue  bonds,  etc.,  for  refunding  water  debt  .  750 

Everett  Congregational  Society,  proceedings  confirmed     .        .        .  746 

Evidence  in  cases  of  violation  of  certain  game  laws  ....  828 

Executive  clerk,  salary  of 1016 

Executive  messenger,  salary  of 1052 

Exeter  and  Amesbury  Railroad  Company,  Incorporated     .        .        .  803 
Exposition,  world's  Columbian,  participation  of  the  Commonwealth 

in 1091 

Eye  and  ear  infirmary,  Massachusetts  charitable,  allowance  to  .        .  1080 


I:ndex. 


1337 


F. 

Fall  River,  city  of,  may  take  land  for  protection  of  water  supply 

registry  of  deeds  to  be  established  in 

The  Globe  Yarn  Mills  of,  may  increase  capital  stock 
Fall  River  Electric  Freight  Railway  Company,  incorporated    . 
Fall  River  Loan  and  Trust  Company,  incorporated    .        .        .        • 
Falmouth,  town  of,  a  public  bridge  may  be  built  over  arm  of  West 
Falmouth  harbor     ......... 

Falmouth  highlands  trust,  shareholders  may  take  water  from  Long 

pond  in  Falmouth 

Families  residing  in  rented  tenements  in  Boston,  statistics  relative  to, 
Farm,  state,  and  state  almshouse,  trustees  to  make  their  anuuLil 

report  on  or  before  the  first  day  of  November 
Farm,  state,  at  Bridgewater,  allowance  for  certain  improvements  at. 
Farms,  abandoned,  information  relating  to,  to  be  collected  by  state 

board  of  agriculture 

Fees,  to  be  paid  in  district  and  municipal  courts  in  the  city  of  Boston , 
in  proceedings  in  poor  debtor  cases,  payment  of 
and  expenses  in  proceedings  before  trial  justices 
fines,  etc.,  received  by  clerks  of  courts  in  Suflblk  county  to  be 
paid  monthly  to  the  city  of  Boston        .... 
Female  inspectors,  to  be  appointed  on  district  police . 
Fenders  and  guards  on  street  railway  cars,  repeal  of  act  relating  to 

Fernald,  Joseph,  in  favor  of 

Ferry  Company,  Cape  Poge,  incorporated 

Fines,  in  criminal  cases        . 

to  prohibit  imposition  of,  upon  emploj^ees  engaged  at  weaving 

in  prosecutions  for  cruelty  to  animals,  disposition  of 

Fire,  appointment  of  referees  to  settle  matters  between  insurers  and 

insured  in  cases  of  loss  by     . 
Fire  department,  city  of  Boston,  pensions  for  disabled  members  of. 
Fire  department  in  city  where  there  is  no  board  of  flre  engineers, 

powers  conferred  upon  the  chief 

Fire  District  of  the  town  of  Dalton,  may  issue  additional  bonds 
Fire  District,  Middleborough,  limits  extended  . 
Firemen's  relief  fund  of  Massachusetts,  allowance  for 
First  Congregational  Church  and  Society  in  Baldwinville, 

valid 

Fisher,  Alouzo  D.,  in  favor  of 

Fisheries,  in  Buzzard's  bay,  relating  to       .        .        . 
in  Katama  bay,  concerning        .... 
in  town  of  Westport,  regulated 
in  Weweantit  river,  for  protection  of 
Fishery,  alewife,  in  Herring  river  in  the  town  of  Bourne  r 
bluefish,  in  Welifleet  bay,  i-egulated  . 
smelt,  in  county  of  Nantucket,  regulated 
trout,  in  county  of  Hampden,  regulated    . 


acts  made 


egulated 


Page 
727 
806 
672 
736 
762 

697 

800 
1098 

861 
1081 

848 
977 
876 
889 

807 
863 
946 

1064 
748 

1022 
735 
866 

8.13 
1011 

802 
775 
768 
840 

849 
1082 
890 
693 
744 
784 
757 
743 
740 
744 


1338  Index. 

Page 

Fishes,  food,  in  the  New  England  states,  resolutions  relating  to      .  1107 

Fitchburg,  armory  in,  allowance  for  furnishing          ....  1083 

police  court  of,  salary  of  clerk 706 

Fitchburg  and  Mouadnock  Railroad  Companies,  consolidation  au- 

thoi-ized 691 

Flint,    Charles   W.,   representative    in    general    court,    resolution 

relative  to 1109 

Food  and  drugs,  adulteration  of 879 

Foreign  carrying  trade,  vessels  engaged  in,  taxable  value  of    .         .  731 
Foreign  co-operative  banking  corporations,  may  be  prevented  from 

doing  business  in  this  Commonwealth 1010 

Foreign  corporations  engaged  in  negotiating  mortgages,  etc.,  super- 
vision of .         .         .         .         .         .         .         .         .         .         .841 

Foreign  corporations,  certain,  to  file  annually  with  secretary  certifi- 
cate of  condition     .........  902 

Foreign  life  insurance  companies,  may  transact  business  of  accident 

insurance         ..........  779 

Forest  Hills  Cemetery,  The  Proprietors  of,  charter  amended    .        .  C68 

Foresters  Friendly  Society,  Ancient  Order  of,  name  established      .  849 

Fowl  assessed,  number  and  value  of,  to  be  returned  by  assessors     .  701 

Foxborough  Water  Supply  District,  limits  extended          .        .        .  784 

may  issue  bonds,  etc. 1028 

Fraternal  beneficiary  associations,  may  return  certain  additions  to 

death  funds 757 

Freemasonrj',  Trustees  of  the  Scottish  Rite  of,  incorporated    .        .  703 

Freight  trains,  relative  to  making  up  and  shifting  of        .         .        .  784 

Fuel,  wood  prepared  for,  cities  may  regulate  sale  of         .        .        .  744 

Fund,  school,  relating  to  distribution  of 768 

Fund,  trustees  of  the  James  Arnold,  incorporated      ....  697 

G. 

Game,  taking  or  killing,  within  certain  periods,  prohibited  under 

penalties  ...........  746 

Game  laws,  evidence  in  cases  of  violation  of 828 

Gas  and  electric  light  commissioners,  board  of,  relating  to        .        .  917 
Gas  and  electricity,  may  be  manufactured  and  distributed  by  towns 

and  cities 949 

Gas  Light   Company,   Great  Barrington,   may   sell   property   and 

franchises  to  Great  Barrington  Electric  Light  Company      .  847 
New  Bedford,  may  change  name  to  New  Bedford  Gas   and 

Edison  Light  Company 690 

Gay  Head,  town  of,  allowance  for  repairs  on  school  house       .        .  1070 
Gettysburg  Battlefield  Memorial  Association,  allowance  to,  for  erec- 
tion of  memorial  tablets 1079,  1083 

Geyer,  Charles  R.,  in  favor  of  widow  of 1065 

Globe  Yarn  Mills,  The,  of  Fall  River,  may  increase  capital  stock     .  672 


Index. 


1339 


Page 
Gloucester,  city  of,  may  raise  money  for  celebration  of  anniversary 

of  its  incorporation  as  a  town        ......  889 

ward  six  in,  to  be  divided  into  two  voting  precincts       .         .  739 

Gloucester  Board  of  Trade,  incorporated G73 

Gloucester  Safe  Deposit  and  Trust  CompanJ^  incorporated      .        .  G75 

Gloucester  Water  Supply  Company,  charter  amended        ,        .        .  730 

Golbert,  George,  in  favor  of lOiiG 

Golden  Palm,  The,  name  established 823 

Governor,  address  to  the  legislature 1110 

requested  to  petition  secretary  of  the  navy  for  a  vessel  for  a 

nautical  school 1059 

Grade  crossings  of  railroads,  to  promote  abolition  of        .        683,  734,  834 
appropriations  for  expenses  in  connection  with       .         .         .  978 
Great  Barrington  Gas  Light  Company,  may  sell  property  and  fran- 
chises to  Great  Barrington  Electric  Light  Company     .        .  847 
Great  Head  Yacht  Club,  name  changed  to  Winthrop  Yacht  Club       .  733 

Grouse,  close  season  for 746 

Guardian  of  a  minor,  may  apply  to  probate  court  to  compel  parents 

to  contribute  to  its  support 923 

Guerrier,  George  P.,  in  favor  of lOGO 

Gypsy  moth,  to  prevent  depredations  by    .        .        .        .      787,  980,  1092 


H. 

Hampden  county,  commissioners  to  lay  out  and  construct  a  high- 
way and  bridge  across  Connecticut  river,  between  Plolyoke 

and  Chicopee 961 

trout  fishing  in,  regulated 744 

Hampshire  county,  salary  of  sheriff  of 753 

Hampshire,  district  court  of,  pleadings  and  practice  in     .        .        .  745 

Hanover  Water  Company,  incorporated 998 

Harbor  and  land  commissioners,  to  consider  and  report  upon  expedi- 
ency of  building  a  bridge  between  Boston  and  East  Boston,  974 
to  investigate  and  report   upon   plans   for  marking  places 

dangerous  to  yachts  and  small  boats 1095 

Harrington,  Addison  D.,  in  favor  of 1084 

Harwich,  town  of,  relieved  of  expense  of  supporting  Bass  river 

bridges 746 

Harwich  Port  Cemetery  Association,  incorporated    ....  694 

Haverhill,  city  of,  may  borrow  money  beyond  the  lawful  limit.        .  803 

water  supply  for         .         .         .         .         .         .         .         .         .911 

Wachusett  Club  in,  Incorporated 723 

Pentucket  Savings  Bank  of,  incorporated         .        .        .        .710 

Haverhill  Safe  Deposit  and  Trust  Company,  incorporated          .         .  725 

Hawlcy,  Lieut.  John  M.,  resolutions  of  thanks  extended  to      .         .  1108 

Hayden,  George,  in  favor  of 1061 


1340  Index. 


Health,  state  board  of,  repeal  of  law  requiring  certain  returns  to 

be  made  to 733 

Hearings  before  committees,  bulletin  of 1058 

Heating  of  passenger  cars  on  railroads,  regulated      ....  822 

Height  of  buildings  in  cities,  restricted 919 

Herring  river,  in  Bourne,  alewife  fishery  in,  regulated       .        .        .  757 

High  schools,  payment  of  tuition  in,  by  certain  towns       .        .        .  834 

Highways,  In  city  of  Boston,  location,  etc.,  of,  relating  to       .        .  880 

ornamental  and  shade  trees  on,  preservation  of       .        .     091,  1082 

railroad  trains  crossing  above  the  level  of,  relative  to  signals 

by 740 

and  county  bridges,  towns  to  have  jurisdiction  with  county 

commissioners  of  petitions  for  laying  out,  etc.      .         .         .  763 

Historian,  state  military  and  naval,  allowance  for  expenses      .         .  807 

Historical  Society,  Dorchester,  incorporated 766 

Holden,  town  of,  may  appropriate  money  for  celebration  of  anni- 
versary of  incorporation 880 

Holyoke,  city  of,  certain  voters  in  ward  seven  in,  may  vote  in  ward 

three 810 

may  incur  indebtedness  beyond  the  lawful  limit       .        .        .  791 
Holyoke  and  Northampton  Boom   and  Lumber  Company,  charter 

extended 848 

Home,  Consumptives',  may  hold  additional  estate      ....  G'JO 

Massachusetts  soldiers',  allowance  to 1062 

for  Aged  Women  in  Walthara,  name  changed  to  Leland  Home 

for  Aged  Women 722 

for  Destitute  Roman  Catholic  Children,  name  established       .  876 
Homeopathic  hospital,  Massachusetts,  may  hold  additional  prop- 
erty   690 

Honest  money,  resolutions  in  favor  of 1103 

-  Hoosac  Tunnel  and  Wilmington  Railroad  Company,  may  increase 
capital  stock,  and  may  lease,  etc.,  and  operate  the  Deertield 

Valley  Railroad 786 

Horse  Railroad  Company,  Merrimack  Valley,  name  changed  to  the 

Merrimack  Valley  Street  Railway  Company          .         .         .  712 

Hospital,  Carney,  in  favor  of 1081 

Massachusetts  homeopathic,  may  hold  additional  property      .  690 

Memorial,  The,  in  Worcester,  name  established       .        .        .  667 

state  lunatic,  at  Northampton,  in  favor  of       ...        .  1083 

Taunton  lunatic,  allowance  for 1097 

Westborough  insane,  allowance  for  deficiencies       .        .        .  1062 

Westborough  insane,  allowance  for  current  expenses,  etc.      .  1097 

woman's  charity  club,  in  favor  of 1087 

Hospital,  Massachusetts,  for  dipsomaniacs  and  inebriates,  commit- 
ments to  ..........        .  755 

water  supply  for 868 

allowance  to 1091 


Index.  1341 

Pag« 
House  No.  13  Beacon  street,  may  be  leased  for  use  of  comraissious 

and  boards 1004 

Houses  of  correction,  to  be  provided  with  machiuery        .        .         .  802 

Hume,  William  J.,  in  favor  of 1083 

Hydrostatic  pressure  for  mechanical  power,  corporations   may  be 

formed  for  generating 776 

I. 

Imitation  butter,  to  prevent  deception  in  manufacture  and  sale  of,  695,  1016 

Improvement  commission,  Charles  river,  established        .         .        .  976 
Industrial  education,  compulsory  school  age  raised  in  cities  and 

towns  where  furnished   ........  929 

Industrial  education,  manual  training  and,  investigation  into  sub- 
ject of 1096 

Industrial  school  for  deaf  mutes,  New  England,  in  favor  of      .        .  10G9 
Industrial  school  at  Lawrence,   inmates     may  be  transferred  to 

truant  school  ..........  976 

Inebriates  and  dipsomaniacs,  Massachusetts  hospital  for,  commit- 
ments to  .... 755 

water  supply  for 868 

allowance  to 1091 

Infirmary,  Massachusetts  charitable  eye  and  ear,  in  favor  of    .         .  1080 

Infants,  for  better  protection  of 778 

Insane    hospital,    "VVestborough,     allowance    for    deficiencies     in 

expenses  ...........  1062 

allowance  for  repairs,  etc.,  at 1097 

Insolvent  estates,  settlement  of,  in  certain  cases        ....  1001 

Inspectors  of  public  buildings,  appeals  from  orders  of       .        .        .  833 
Institute  of  Technology,  Massachusetts,  grant  of  money  from  the 

United  States,  for  the  benefit  of,  accepted    ....  1027 

Insurance  companies,  declaration  of  dividends  by  certain          .        .  852 
not    authorized    to    do    business  in    the    Commonwealth, 

reinsurance  in 947 

foreign  life,  may  transact  the  business  of  accident  insurance,  779 

relative  to  appointment  of  referees  in  cases  of  loss  by  fire      .  858 

Insurance  Company,  Security  Live  Stoclv,  incorporated    .        .        .  782 
International  Young  Men's  Christian  Association  Training  School, 

name  established 672 

Interstate   Street  Railway   Company  of  Providence,   may   extend 
tracl<s  into  the  towns  of  Attleborough,  North  Attleborough 

and  Seekonk 1000 

Intoxicating  liquors,  in  relation  to  sale  of 948 

J. 

James  Arnold  Fund,  Trustees  of  the,  incorporated    ....  697 

Joint  owners  of  personal  property,  hovir  rights  may  be  determined  .  973 


1342  Index. 

Page 

Jurors,  lists  of,  in  the  counties  of  Nantucket  and  Dukes  connty      .  741 
Justice,  municipal  court,  Charlestown  district,  city  of  Boston,  salary 

established 756 

police  court,  Lynn,  salary  established 757 

police  court,  Soraerville,  salary  established      ....  756 

second  district  court,  Bristol,  salary  established      .         .         .  724 

Justice  of  the  peace,  Benjamin  F.  Brown,  acts  confirmed          .        .  1074 

Nathan  D.  Pratt,  acts  confirmed 1075 

William  G.  Reed,  acts  confirmed 1074 

William  V.  Thompson,  acts  confirmed 1058 

Justices  of  the  supreme  judicial  court,  clerical  assistance  for  .        .  714 

K. 

Katama  bay.  The  Proprietors  of  the  New  Mattakessett  Creeks  in 

Edgartown,  may  use  seines  in 693 

Kelley,  Levi  B.,  in  favor  of 10G6 

Kilty,  John  T.,  city  of  Boston  may  pay  $1,000  to  widow  of       .        .  C93 

L. 

Labor,  nine  hours,  to   constitute  a  day's  work   for  workmen  em- 
ployed by  state,  county,  city  or  town   .        .         .        .        .  917 

Land,  in  Charlestown  district,  city  of  Boston,  may  be  taken  for  the 

state  prison     ..........  793 

of  the  Commonwealth,  South  Boston,  may  be  used  as  a  pub- 
lic playground 1026 

m  Fall  River,  may  be  taken  for  protection  of  water  supply    .  727 
in  Taunton,  may  be  ceded  to  the  United  States  for  a  post 

office  building 780 

in  Winthrop,  may  be  purchased  by  the  United  States;  juris- 
diction ceded 709 

Lawrence,  city  of,  fire  department  of,  established      ....  843 
industrial  school  at,  inmates  may  be  transferred  to  the  truant 

school 976 

Legacies  and  successions,  collatei'al  tax  imposed  upon     .         .        .  1028 
Legislation,  uniformity  of,  in  the   United   States,  commissioners 

to  be  appointed  to  promote 1012 

Legislative  counsel  and  agents,  employment  of         ....  798 

Legislative  expenses,  returns  of,  to  secretary  of  the  Commonwealth,  798 

Legislature,  address  of  tiie  governor  to 1110 

Leland  Home  for  Aged  Women,  name  established      ....  722 

Lexington  Print  Works,  incorporated 820 

Library,  Petersham  Memorial,  incorporated 701 

state,  clerical  assistance  for 674 

Library  building,  public,  city  of  Boston   maj'  incur  indebtedness 

beyond  debt  limit  for  purpose  of  completing        .        .        .  888 


Index. 


1343 


Liens,  mechanics'  discharge  of   . 

Life  insurance  companies,  foreign,  may  transact  business  of  acci- 
dent insurance        ........ 

Liquors,  intoxicating,  in  relation  to  sale  of        ...         . 

Littletield,    George   F.,    Shoe   Company   of   Turner's   Falls,    name 
changed  to  the  Turner's  Falls  Shoe  Company 

Live  Stock  Insurance  Company,  Security,  incorporated    . 

Loan  and  Trust  Company,  Fall  River,  incorporated  . 

Winthrop,  incorporated 

Loans,  temporary,  by  cities  and  towns,  relating  to   . 

Lobsters,  for  protection  of 

Locomotive  whistles,  relative  to  manner  of  sounding 

Long  pond  in  Falmouth,  shareholders  of  Falmouth  highlands  trusi 
may  take  water  from 

Lowell,  city  of,  cemeteries  in,  management  of  . 

may  remove  cei'tain  tracks  of  the  Boston  and  Lowell  Railroad 
may  take  land  for  public  burial  grounds  .... 

Lumber  Company,  Holyoke  and  Northampton  Boom  and,  charter 
extended  


Lunacy  and  charity,  board  of,  money  advanced  to  disbursinsc  officer 
of 

to  prevent  false  representations  to    . 
Lunatic  hospital,  state,  Northampton,  in  favor  of     . 

Taunton,  allowance  to 

Lyman  school  for  l)oys,  allowance  to  . 

Lynn,  city  of,  drainage  board  for        .... 

may  make  an  additional  water  loan  . 

number  of  aldermen  increased  .... 
Lynn,  police  court  of,  salary  of  justice 


Page 
819 

779 
948 

69-t 

782 
7G2 
724 
797 
733 
78i 

800 
899 
792 

898 

848 

693 

904 

1083 

1097 

1079 

899 

725 

741 

757 


M. 

Machinery  for  state  prison,  reformatories  and  houses  of  correction,  802 

Main  Street  Congregational  Society  of  Amesbury,  name  established,  7G9 
Malignant  diseases  of  inmates  of  penal  and  charitable  institutions, 

treatment  provided  for   ........  1025 

IManchester,  town  of ,  may  supply  itself  with  water    ....  717 

IManual  training   and   industrial   education,  investigation  into  the 

subject  of 1096 

Manufacture  and  sale  of  clothing  made  in  unhealthy  places,  to  pre- 
vent            922 

Manufacture  and  sale  of  imitation  butter,  to  prevent  deception  in,  695,  1016 

Manufactures,  statistics  of,  printing  and  distribution  of  report  of  .  778 
Manufacturing  Company,  Albert,  may  hold  real  estate  within  this 

Commonwealth        .........  1052 

I\Iap  of  Massachusetts,  allowance  for  continuance  of  work       .         .  1059 

atlas,  allowance  for  printing  and  distributing  .         .         .    1070,  10;tO 


1344  In^dex. 

Page 
Marlborough,  city  of,  may  fill  vacancies  in  sewerage  coustructioa 

committee 974 

may  raise  additional  money  for  constructing,  etc.,  a  system 

of  sewerage,  etc 1020 

time  extended  for  election  of  assessors  in        ...        .  716 

Massachusetts,  map  of,  atlas,  printing  and  distribution  of        .    1070,  1090 
Massachusetts  agricultural  college,  certain  military  property  may 

be  transferred  to     ........         .  10G2 

Massachusetts  charitable  eye  and  ear  infirmary,  in  favor  of       .         .  lOSO 
Massachusetts  homeopathic  hospital,  may  hold  additional  property,  690 
]Massachusetts  hospital  for  dipsomaniacs   and  inebriates,  commit- 
ments to 755 

water  supply  for 868 

allowance  to 1091 

Massachusetts  reformatory,  prisoners  in,  sentences  of      .        .         .  782 

allowance  to 1088 

Massachusetts  scliool  for  feeble-minded,  allowance  to       .        .         .  1072 
Massachusetts  troops  in  the  revolutionary  war,  compiling,  index- 
ing and  publishing  records  of 1092 

Massachusetts  and  New  Hampshire,  boundary  line,  erection  of  mon- 
uments in  connection  wiih 1081 

Mattapan  Deposit  and  Trust  Company,  incoi'porated         .        .        .  762 
Mayor    and    aldermen  of  cities,  duties  of,  in  the  preservation  of 

ornamental  and  shade  trees  on  highways      .        .        .         .691 

Mechanics'  liens,  discharge  of 819 

Mechanics'  Savings  Bank  of  Reading,  incorporated  ....  721 
Medford,  town  of,  selectmen,  powers  of,  in  relation  to  brooks  and 

streams 897 

Melrose,  town  of,  may  make  an  additional  water  loan        .         .         .  1023 

Memorial  Hospital,  in  Worcester,  The,  name  established           .         .  667 

Memorial  Library,  Petersham,  incorporated 701 

Merrimack  Vallej'  Horse  Railroad   Company,   name    changed    to 

Merrimack  Valley  Street  Railway  Company         .        .        .  712 

Messages,  special,  to  the  legislature 1131 

Messenger,  executive,  salary  of 1052 

Messenger  and  pages  of  the  senate  and  house  of  representatives,  in 

favor  of 1098 

Methuen,  town  of,  may  supply  itself  with  water        ....  893 
Metropolitan  sewerage  commissioners,  disposition  bj'  the  treasurer 

of  the  Commonwealth  of  money  received  from      .         .         .  778 

Middleborough  Fire  District,  limits  extended 768 

Middlesex  county,  register  and  assistant  register  of  probate,  etc., 

salaries  of 878 

Miles,  Waldo  F.,  in  favor  of 1073 

Milford  Mutual  Relief  Association,  name  clianged  to  New  England 

Benefit  Association  of  Milford 731 

Militia,  volunteer,  concerning 804 


Index.  1345 

Page 

Military  and  naval  historian,  state,  allowance  for  expenses       .        .  807 

Mills,  Globe  Yarn,  of  Fall  River,  may  increase  capital  stock  .  .  672 
Minors  under  guardianship,  parents  maybe  compelled  to  contribute 

to  support  of 923 

Minors,  employment  of        ........         .  878 

Moderators  of  town  meetings  may  administer  oath  of  office  to  tellers,  683 
Monadnock    and    Fitchburg    Railroad    Companies,    consolidation 

authorized 691 

Money,  tjeasnrer  and  receiver-general  may  borrow,  in  anticipation 

of  revenue        ..........  1058 

honest,  resolution  in  favor  of 1103 

Moneys,  public,  disbursement  of,  advances  to  officers  intrusted  with,  693 

maj' be  deposited  in  trust  companies,  etc.,  by  the  treasurer  .  874 

Monument,  Bennington  battle,  dedication  of,  relating  to  .        .        •  1088 

Morley,  Gideon  M.,  in  favor  of 1065 

Morton,  Marcus,  allowance  to  widow  of 1064 

resolutions  on  the  death  of 1105 

Mount  Pleasant  cemetery  in  Harwich,  incorporated,  under  name 

of  the  Harwich  Port  Cemetery  Association  ....  694 
Municipal   court,    Charlestown   district,  city  of  Boston,   salary  of 

justice 756 

Municipal  courts  in  the  city  of  Boston,  fees  in 977 

Municipal,  district  and   police   courts,  expenses  of,  to  be  paid  by 

counties 705 

Murdock  Parlor  Grate  Company,  in  favor  of 1094 

Mystic  River  Corporation,  lirae  extended  for  completion  of  works 

by  the  successor  of         ........  810 

Mystic  and  Charles  river  valleys  sewage  disposal  act,  relating  to 

allowances  for  assistance  to  district  attorneys  under  .         .  1096 

N.  A.  Thompson  Coal  Company,  name  established    .        .        .        .761 

Names  changed 1165 

Names,  corporate,  relating  to      .......         .  830 

Names  of  corporations,  may  be  changed  by  commissioner  of  cor- 
porations            928 

Nantucket,  county  of,  smelt  fishing  in,  regulated       ....  740 

Nantucket,  town  of,  proceedings  of  town-meeting  confirmed  .  .  837 
Nantucket  and  Dukes  counties,  lists  of  jurors  in  .  .  .  .741 
Nantucket  Beach  Street  Railway  Company,  may  do  business  as  a 

common  carrier 689 

Natural  History,  Boston  Society  of,  may  hold  additional  estate        .  743 

Natural  History  Society,  Worcester,  charter  amended      .        .         .  731 

Naturalization,  primar}'^  declaration  in  cases  of          ....  771 

relating  to 1024 

Nautical  school,  vessel  of  the  navy  to  be  petitioned  for,  to  be  used  as,  1059 


134G  Index. 

Page 

Nautical  Trainiujj  School,  to  be  established 1009 

Needham,  town  of,  ma}"^  make  an  additional  water  loan     .        .        .  G85 

Newbiiryport,  city  of,  may  issue  bonds,  etc 749 

Newburyport  bridge,  draw-fender  pier  of,  may  be  rebuilt  aud  ex- 
tended, etc.    ^ 819,1015 

Kew  Bedford,  city  of,  board  of  public  works  made  park  connnis- 

sioners     ...........  823 

proceedings  in  an  election  in,  confirmed 837 

New  Bedford   Gas   Light  Company,  may  change  name  to  New  Bed- 
ford Gas  aud  Edison  Light  Company 690 

New  England  Benefit  Association  of  Milford,  name  established         .  731 
New  England  Commercial  Travellers  Association,  may  iucrease  re- 
serve fund 754 

New  England  industrial  school  for  deaf  mutes,  in  favor  of        .         .  1069 
New  England  Society  for  the  Suppression  of  Vice,  name  changed  to 

The  New  England  Watch  aud  Ward  Society         .         .         .720 
New   Hampshire   aud  Massachusetts,   boundary  line,   erection  of 

monuments  iu  connection  with       ......  1081 

New  Mattakessett  Creeks  in  Edgartown,  Proprietors  of,  may  take 

fish  by  seines  in  Katama  bay 693 

New  York  and  Boston  inland  railroad,  time  for  construction  extended,  761 
New  York  and  Massachusetts  railway,  time  for  extension  and  con- 
struction extended 747 

New  York  and  New  England  railroad,  certain  stations  in  Norwood, 

relating  to 790 

may  abandon  Ironstone  station  and  establish  a  new  station  at 

Uxbridge 773 

Nine  hours  to  constitute  a  day's  work  for  workmen,  etc.  .        .         .  917 
Nomination  of  candidates  to  fill  vacancies  caused  bj'  withdi-awals, 

etc 846 

Nomination  papers  aud  certificates  of  uominatiou,  last  day  aud  hour 

for  filing 707,  867 

Norfolk  county,  salaries  of  commissioners          .....  709 

Normal  art  school  building,  allowances  for  changes  in     .        .        .  1087 

Normal  school,  state,  Bridgewater,  allowance  to       ...        .  1087 

Salem,  allowance  to 1084 

Westfield,  sale  of  a  portion  of  the  land,  etc.,  authorized         .  1095 

Worcester,  allowance  to 1089 

Normal    schools,    state     boarding    houses    at,    management    and 

accounts  of      .........         .  973 

diplomas  of  graduates  to  be  evidence  of  fitness  as  teachers    .  756 

North  Eastou  Village  Distj-ict,  may  issue  additional  water  bonds     .  774 

North  Essex  Trust  Company,  incorporated 861 

Northern  district  of  the  county  of  Bristol,  copies  of  records,  etc., 

to  be  recorded  in  registry  of  deeds  of 767 

Norwood,  stations  in,  on  New  York  and  New  England  railroad        .  790 

Notaries  public,  to  have  jurisdiction  in  all  the  counties    •        .         .  687 


Index.  1347 

O. 

Page 

O'Herrin,  Matthew,  in  favor  of 10t:3 

O'Neill,  Michael,  in  favor  of  widow  of 109'J 

Oath  of  office  to  tellers  in  town  meetings,  may  be  administered  by 

moderator 683 

Oaths  administered  by  assessors  to  persons   bringing  in   lists   of 

property 972 

Obligations,  issuing  of  certain,  prohibited  .        .....      1)72 

Ocneria  dispar  or  gypsy  moth,  to  prevent  depredations  by,     787,  980,  1092 
Officers,  pi'obation,  to  be  appointed  by  justices  of  municipal,  police 

and  district  courts 920 

public,  bribery  of,  relative  to 916 

in  attendance  upon  the  supreme  judicial  court  for  the  county 

of  Suflblk,  to  wear  uniforms 771 

intrusted  with  disbursement  of  public  moneys,  advances  to   .       693 

of  incorporated  churches,  relating  to 836 

Oleomargarine,  manufacture  and  sale  of 695,  1016 

Old  Colony  Railroad  Company,  provisions  affecting  .         .        ,       925,984 
Orange,  town  of,  may  incur  indebtedness  bej'ond  debt  limit  to  con- 
struct sewers 675 

Order  of  §900,  may  change  name  to  The  Golden  Palm       .        .        .       823 
Oriental  Society,  American,  may  hold  meetings  without  the  Com- 
monwealth        897 

Ornamental  aud  shade  trees  on  highways,  preservatiou  of        .     691,  1082 

Ostrander,  Mary  C,  in  favor  of 1090 

Overseers  of  the  poor,  to  prevent  false  representations  to         .        .       904 

P. 

Paper  used  for  public  records,  relating  to  .        .        .        .  848 

Pardons  granted  in  1890 1131 

Parents  may  be  compelled  to  contribute  to  support  of  minor  chil- 
dren under  guardianship          .......  923 

Park,  public,  may  be  laid  out  and  maintained  by  city  of  Somerville,  875 

Parker,  Joseph  A.,  in  favor  of 1069 

Partridge,  close  season  for 746 

Passenger  cars  on  railroads,  heating  of,  regulated     ....  822 

Passengers  on  street  railway  cars,  additional  accommodations  for  .  794 

Paupers,  support  of,  by  cities  and  towns,  relating  to         .        .       714,  752 

penalty  for  making  false  representations  to  overseers  of  poor, 

etc 904 

Paupers,  state,  reception  and  care  of,  at  state  almshouse  .        .        .711 
Peabody,  town  of,  and  city  of  Salem,  highway  between,  apportion- 
ment of  expense  of  construction 783 

Pease,  Isaac  D.,  in  favor  of 1079 

Penal  and  charitable  institutions,  inmates  afflicted  with  malignant 

diseases,  detention  and  treatment  of 1025 


1348 


I:n^dex. 


Page 

Pension  agent,  state,  allowance  for  expenses 780 

report  to  be  printed    .........  1081 

Pensions  for  disabled  members  of  the  Boston  Are  department  .        .  1011 

Pentucket  Savings  Bank,  incorporated 710 

Perkins,  Ciias.  H.,  in  favor  of  widow  of 1069 

Personal  property,  joint  owners  of,  rights  may  be  determined  .        .  973 

Petersham  Memorial  Library,  incorporated 701 

Pharmacy,  practice  of,  better  enforcement  of  law  regulating    .        .  1085 

Phippen,  Joshua,  in  favor  of  widow  of 1059 

Physicians  to  notify  selectmen  or  board  of  health  of  diseases  dan- 
gerous to  public  health 776 

Pitman,  Robert  C,  in  favor  of  widow  of 1072 

Pittsfield,  city  of,  may  elect  city  engineer 795 

Places  dangerous  to  yachts  and  small  boats,  marking  of   .        .        .  1095 

Playground,  puljlic,  land  in  South  Boston  may  be  used  for        .        .  1026 

Plymouth,  fourth  district  court  of,  salary  of  clerk      ....  777 
Plymouth   county  commissioners  may  borrow  money  to  complete 

court  house  in  Brockton 688 

Police  court,  Chicopee,  office  of  clerk  established      ....  709 

Fitchburg,  salary  of  clerk 706 

Lynn,  salary  of  justice 757 

Somerville,  salary  of  justice 756 

Police  courts,   district,   municipal  and,   expenses   to    be   paid   by 

counties 705 

Police,  district,  two  female  inspectors  may  be  appointed  .         .         .  863 
two  additional  members  of  inspection  department  of,  to  be 

appointed 923 

Poll  taxes,  street  lists  of  persons  assessed  for,  in  cities,  etc  ,  to  be 

printed  for  public  distribution 845 

Polls,  hours  of  opening  and  closing,  in  state  and  city  elections        .  877 

Poor  debtor  cases,  affidavits  in 1014 

fees  in  proceedings  in 876 

Poor  debtor  proceedings,  recognizances  in 838 

Pratt,  Nathan  D.,  justice  of  the  peace,  acts  confirmed        .         .         .  1075 
Preservation  of  ornamental  and  shade  trees  on  highways,  relative 

to 691,  1082 

Primary  school,  state,  at  Monson,  allowance  to          ....  1086 

Print  Works,  Lexington,  incorporated 820 

Printing  and  distribution  of  certain  public  documents       .         .        .  854 

report  of  board  of  arbitration,  etc 777 

statistics  of  manufactures 778 

Prison  expenses,  returns  to  be  made  by  county  treasurers        .        .  776 

Prisoners,  employment  of,  relating  to 958 

in  state  institutions,  outside  employment  of    .         .         .         .  787 

in  the  Massachusetts  reformatory,  sentences  of       .         .        .  782 

in  the  state  prison,  may  be  graded  and  classified      .        ,         .  958 
in  the  state  prison,  punishment  of,  for  destroying  property 

of  the  Commonwealth 867 


Index. 


]3J:9 


Page 

Private  secretary  of  the  governor,  salary  established  .  .  .  1016 
Probate  aud  insolvency,  county  of  Suflolk,  assistant  register  of,  sal- 
ary established 715 

Probate  court,  may  compel  parents   to   contribute  to  support  of 

minor  children  under  guardianship  .....  923 
given  jurisdiction  in  equity  in  the  administration  of  estates 

of  deceased  persons         ........  1021 

Probate  records,  arranging  and  indexing  of 799 

Probation  officers,  to  be  appointed  by  the  justices  of  municipal, 

police  and  district  courts 920 

Proprietors  of  the  First  Universalist  Meeting-house  of  Salem,  may 

liold  additional  property G92 

Proprietors  of  Forest  Hills  Cemetery,  The,  charter  amended  .  .  668 
Proprietors  of  the  New  Mattakessett  Creeks   in  Edgartown,  The, 

may  take  tish  by  seines  in  Kataraa  bay  .....  C93 

Prosecutions  for  capital  crimes,  relating  to  ....  .  9G6 
Providence  and  Springfield  Eailroad,  may  be  extended  into  town  of 

Douglas  ...........  974 

Provident  Association,  Boston,  may  hold  additional  estate       .         .  672 

Public  buildings,  appeals  from  orders  of  inspectors  of  .  .  .  833 
Public  documents,  printing  and  distribution  of,  etc.,  708,  777,  778,  851:,  861 
Public  moneys,   disbursement  of,   advances   to  officers    intrusted 

with 693 

may  be  deposited  in  trust  companies,  etc.,  bj'  the  treasurer    .  87-f 

Public  officers,  bribery  of,  relative  to 9i6 

Public  records,  paper  to  be  used  for 848 

Public  records  of  parishes,  towns,  etc.,  commissioner  on,  adilitional 

copies  of  report  to  be  printed 1059,  1090 

Public  Reservations,  Trustees  of,  incorporated  ....  918 
Public  schools,  teachers  in,  to  complete  and  return  registers,  under 

penalty 721 

Public  Statutes,  supplement  to,  further  distribution  of     .         .        .  1077 

Patnam  and  Sprague  Company,  name  established      ....  689 


Q. 


Quail,  close  season  for 746 

Qualification  of  male  voters,  relative  to       .         .         .         .         .         .851 

Quartermaster-general,  may  transfer  certain  military  property  to  the 

Massachusetts  agricultural  college 1062 

Quincy,  city  of,  may  construct  system  of  sewerage    .        .        .         .811 
school  committee  to  furnish  certain  estimates   to   the  city 

council 829 

may  supply  itself  with  water 1002 

Quincy  Electric  Freight  Railway  Company,  incorporated  .        .        .      924 
may  unite  tracks  with  the  Quincy  and  Boston  Street  Railway 

Company 927 


1350  Index. 

R. 

Page 
Railroad  Cokporatioxs  : 

Boston  and  Lowell,  may  inci'ease  capital  stock         .        .        .       786 

Boston  and  Lowell,  relocation  of  tracks  in  citj^  of  Lowell       .       792 

Boston  and  Maine,  extension  of,  may  be  aided  by  town  of 
Stoneham 797 

Boston  and  Maine,  further  time  extended  to,  to  complete 
■works  of  Mystic  River  Corporation 810 

Boston  and  Maine,  may  purchase  franchise  and  property  of 

any  railroad  now  operated  by  it 868 

Boston,  Revere  Beach  and  Lynn,  may  unite  and  consolidate 
with  Boston,  Winthrop  and  Shore  Railroad  ....       699 

Boston,  Revere  Beach  and  Lynn,  and  Boston,  Winthrop  and 
Shore  Railroad  Company,  locations  iu  the  couuty  of  Suffolk 
confirmed 70i 

Deerfield  Valley,  Hoosac  Tunnel  and  Wilmington  Railroad 

Company  may  purchase  or  lease,  etc.     .....       786 

Exeter  and  Amesbury,  iucorpoi'ated ;  may  consolidate  with 
Exeter  Railway  of  New  Hampshire 803 

Fitchburg,  may  unite  and  consolidate  with  Monadnock  Rail- 
road Company 691 

Hoosac  Tunnel  and  Wilmington,  may  increase  capital  stock 

and  lease  the  Deerfleld  Valley  Railroad  ....       786 

Monadnock,  may  unite  and  consolidate  with  Fitcliburg  Rail- 
road Company 691 

New  York  and  Boston  Inland,  time  for  construction  extended,      761 

New  York  and  New  England,  may  abandon  Ironstone  station 
and  establish  a  new  station  at  Uxbridge        ....       773 

New  York  and  New  England,  stations  of,  in  Norwood,  relat- 
ing to       790 

Old  Colony,  provisions  afTecting 925,  984 

Providence  and  Springfield,  may  extend  tracks  into  the  town 

of  Douglas 974 

Suburl)an,  incorporated 772 

Railroad  commissioners,  board  of,  to  collect  statistics  and  inquire 
into  the  subject  of  pensioning  railroad  employees  injured 
in  the  discharge  of  duty 1077 

to  investigate  the  zone  system  of  passenger  fares    .         .        .     1074 

to  inquire  into  the  subject  of  employment  of  brakemen  on 

freight  trains 1097 

may  recommend  railroad  companies  to  make  changes  in  shift- 
ing freight  trains  and  sounding  whistles         ....       784 

may  require  a  railroad  corporation  whose  road  crosses  above 
the  level  of  a  highway  to  signal  approach  of  trains      .        .       740 
Railroad  employees,  board  of  railroad  commissioners  to  collect  cer- 
tain statistics  and  inquire  into  the  subject  of  pensioning 
those  injured  in  the  discharge  of  their  duty  ....     1077 


Index.  1351 

Page 

Railroad  Company,  Horse,  Merrimack  "Valley,  name  changed  to  Mer- 
rimack Valley  Street  Kaihvay  Company         .         .         .         .712 
Railroad  grade  crossings,  abolition  of        ...         .        683,  734,  834 
Railroads,  heating  of  passenger  cars  on,  regulated     ....  822 
resolution  for  the  promotion  of  greater  harmony  in  laws  relat- 
ing to       1107 

Railway  Company,  Boston,  bill  to  incorporate,  referred  to  rapid  tran- 
sit commission        .........  1097 

Fall  River  Electric  Freight,  incorporated 736 

Quincy  Electric  Freight,  incorporated 924 

Railway  Company,  Street,  Merrimack  Valley,  name  established         .  712 
Interstate,  authorized  to  extend  its  tracks        ....  1000 
Nantucket  Beach,  may  do  business  as  a  common  carrier  .         .  689 
Railway,  New  York  and  Massachusetts,  time  for  extension  and  con- 
struction extended 747 

Railways,  street,  additional  accommodations  for  passengers  ou        .  794 

fenders  and  guards  on  cars  of,  act  relating  to,  repealed  .        .  946 

Randolph,  town  of,  may  pay  certain  bounties 754 

Rapid  transit  for  the  city  of  Boston  and  suburbs,  commission  on,  to 

be  appointed 944 

Reading,  Mechanics'  Savings  Bank  of,  incorporated  .        .         .        .721 

Real  estate,  conveyance  of,  in  cases  of  disseizin,  etc.         .         .        .  919 

Real  Estate  and  Building  Association,  Wakefield,  charter  extended  .  668 

Recognizances  in  poor  debtor  proceedings 838 

Records,  public,  paper  to  be  used  for  .......  848 

probate,  arranging  and  indexing  of 799 

of  Massachusetts  troops  who  served  in  the  revolutionary  war, 

to  be  compiled,  etc 1092 

and  official  papers  of  cities  and  towns,  custody  of  .        .        .  902 
and  plans,  copies  of  certain,  to  be  recorded  in  registry  of 

deeds  for  northern  district  of  Bristol 767 

Reed,  William  G.,  justice  of  the  peace,  acts  confirmed       .         .        .  1074 
Referees  to  settle  matters  between  insurers  and  insured,  in  case  of 

loss  by  fire,  appointment  of 853 

Reformatories,  state  prison,  etc.,  to  J)e  provided  with  machinery      .  802 

Reformatory,  Massachusetts,  allowance  for  repairs,  etc.,  at      .        .  1088 

sentences  of  prisoners  in 782 

Register,   assistant,  of  probate   and  insolvency,  county  of  Suftblk, 

salary  of .        . 715 

Register  and  assistant  register  of  probate  and  insolvencj',  county 

of  Middlesex,  salaries  of 878 

Registers,  school,  to  be  completed  and  returned  by  teachers,  under 

penalty 721 

Registrars  of  voters,  to  ascertain  if  any  voter  has  changed  his  resi- 
dence prior  to  first  day  of  May,  etc 853 

representation  of  political  parties  on  boards  of        .        .        .  980 

Registrars  of  voters  in  towns,  relative  to  sessions  of         .         .        .  811 


1352 


Index. 


Registration  in  dentistry,  board  of,  additional  copies  of  report  to  be 
printed     ........... 

Registry  of  deeds  at  Fall  River  in  tlie  county  of  Bristol,  to  be  estab- 
lished        

Registry  of  deeds  for  the  northern  district  of  the  county  of  Bristol, 

copies  of  certain  records  and  plans  to  be  recorded  in     . 
Reinsurance   in   companies   not   authorized   to   do   business  in  the 

Commonwealth 

Relief  fund,  firemen's,  of  Massachusetts,  allowance  to       .         .        . 
Report,  of  commissioner  on  public  records  of  parishes,  towns,  etc., 

additional  copies  to  be  printed 1059, 

of  the  state  board  of  arbitration,  extra  copies  to  be  printed     . 

of  the  topographical  survey  commission,  extra  copies  to  be 

printed     ........... 

Representatives  in  congress,  districts  for  the  choice  of      .         .         . 
Reservations,  The  Trustees  of  Public,  incorporated  .... 

Reservoirs,  reservoir-dams  and  mill-dams,  to  be  examined  by  the 
county  commissioners,  etc.     ....... 

Resolutions  : 

on  death  of  General  Charles  Devens 

in  favor  of  honest  money  ........ 

relating  to  the  passage  of  a  general  bankruptcy  law  by  congress, 
on  the  death  of  General  William  T.  Sherman  .... 

relative  to  death  of  Marcus  Morton 

relating  to  couplers  and  brakes  on  freight  cars 
for  tlie  promotion  of  greater  harmony  in  the 
United  States  and  of  the  several  states  relating 
relating  to  the  adoption  of  uniform  laws  for  the  protection 

of  food  fishes  in  the  New  England  states 
tendering  thanks  of  the  Commonwealth  to  Lieut. 

Hawley,  United  States  navj'^   . 
extended  to  Representative  Charles  W.  Flint 
Revere  Co-operative  Bank,  corporation  dissolved 
Revolutionary  war,  Massachusetts  troops  in,  records  of,  to  be  com- 
piled, etc. 

Richmond,  town  of,  proceedings  ratified     . 
Robbins,  Joshna  C,  in  favor  of  . 
Ross,  Michael,  in  favor  of  widow  of  , 


laws  of  the 
to  railroads, 


John  M 


Page 

708 

806 

767 

947 
840 

1090 
1062 

1060 
980 
918 

877 

1102 
1103 
1103 
1104 
1105 
1106 

1107 

1107 

1108 

1109 

722 

1092 

977 

1067 

1068 


S. 

Safe  Deposit  and  Trust  Company,  Gloucester,  incorporated      .        .  675 

Haverhill,  incorporated 725 

State  Street,  incorporated  .        .         .         .        .        .        .        .781 

Salaries  : 

clerks  in  the  auditor's  department 960 

first  and  second  clerks  in  office  of  secretary  of  the  Common- 
wealth       1016 


Index. 


1353 


Salaries  —  Concluded. 

private  secretary  of  the  governor  and  executive  clerk 

county  commissioners,  Norfolli  county    . 

county  commissioners,  Worcester  county 

register  and  assistant  register  of  probate  and  insolvency 
county  of  Middlesex 

assistant  register  of  probate  and  insolvency,  county  of  Suflblk 

assistant  clerk  of  courts,  "Worcester  county 

clerk,  second  district  court  of  Bristol 

clerk,  second  district  court  of  eastern  Middlesex 

clerk,  fourth  district  court  of  Plymouth   . 

clerk,  police  court  of  Chicopee  .... 

clerk,  police  court  of  Fitchburg 

justice  of  municipal  court,  Charlestown  district,  Boston 

justice,  police  court  in  Lynn 

justice,  police  court  of  Somerville 

executive  messenger 

sheriff,  county  of  Hampshire 

Sale,  of  articles  containing  arsenic,  relative  to   . 

candy  shells  inclosing  liquid  containing  alcohol,  regulated 

clothing  made  in  unhealthy  places,  to  prevent . 

goods  taken  into  a  city  or  town  to  be  sold  by  auction,  relating  to, 

imitation  butter,  to  prevent  deception  in  .         .        .         .    695, 

intoxicating  liquors,  in  relation  to 

Salem,  city  of,  conductors,  etc.,  of  street  railway  cars  in,  may  be 
licensed 

may  take  land  for  preserving  purity  of  water  supply 

and  town  of  Peabody,  highway  between,  apportionment  of 

expense  of  construction 

Salem,  the  Proprietors  of  the  First  Universalist  Meeting-house  of, 
may  hold  additional  property  ...... 

Salem  Building  Association,  may  issue  preferred  stock 

Salisbury,  town  of,  to  be  indemnified  in  part  for  rebuilding  New- 

buryport  bridge 

Saugus,  town  of,  appropi-iation  for  dedicating  a  soldiers'  monument, 

legalized  and  confirmed 

Savings  Bank,  Mechanics',  of  Reading,  incorporated  .... 

Pentucket,  incorporated     ........ 

Shawme,  in  Sandwich,  corporation  dissolved    .... 

Waltham,  certain  taxes  to  be  refunded 

Savings  banks,  taxes  on  real  estate  of,  held  for  banking  purposes,  to 
be  refunded 

commissioners  of,  may  prevent  foreign  co-operative  banking 
corporations  from  doing  business  in  this  Commonwealth     . 

Scannell,  Jeremiah  J.,  in  favor  of 

School,  industrial,  at  Lawrence,  inmates  may  be  transferred  to  truant 
school      


Page 

1016 
709 
709 


715 
716 
724 
724 
777 
709 
706 
766 
757 
756 

1052 
753 
959 
896 
922 
747 

1016 
948 

742 
849 

783 

692 
710 

1015 

857 
721 
710 
722 
1073 

764 

1010 
1069 

976 


1354  Index. 


School —  Concluded. 

nautical  training,  to  be  established 1009 

nautical  training,  vessel  of  the  navy  for  the  benefit  of,  to  be 

petitioned  for 1059 

normal  art,  allowance  to     .......        .  1087 

state  nornml,  at  Bridgewater,  allowance  to        .        .         .        .  1087 

state  normal,  at  Salem,  allowance  to 1084 

state  normal,  at  Westfield,  sale  of  a  portion  of  the  land,  etc., 

authorized 1095 

state  normal,  at  Worcester,  allowance  to 1089 

state  primaiy,  at  Monson,  allowance  to 1086 

for  boys,  Lyman,  allowance  to 1079 

for  deaf  mutes,  New  England,  allowance  to      ....  1069 
for  feeble-minded,  Massachusetts,  allowance  to        .         .         .  1072 
School  age,  compulsory,  in  cities  and  towns  where  industrial  educa- 
tion is  furnished 929 

School  fund,  distribution  of 768 

School  superintendents,  small  towns  aided  to  provide         .        .        .  839 
School  teachers,  diplomas  of  graduates  of  state  normal  schools  to 

be  evidence  of  their  fitness  to  be 756 

School  teachers  not  to  be  paid  for  services,  etc.,  until  registers  are 

completed  and  returned 721 

Schools,  state  normal,  boarding-houses  at,  management  of        .         .  973 

union  truant,  truants  may  be  removed  to 1032 

Scottish  Kite  of  Freemasonry,  Trustees  of  the,  incorporated     .        .  703 

Sears,  James  H.,  in  favor  of 1080 

Secretary  of  state  board  of  agriculture,  duties  of,  in  regai'd  to  the 

preservation  of  ornamental  and  shade  ti-ees  .        .        .         .691 

an  assistant  to,  to  be  appointed 1017 

may  employ  an  assistant  clerk 862 

Secretary  of  the  Commonwealth,  first  and  second  clerks,  salaries 

established 1016 

to  provide  blank  forms  and  apparatus  for  use  of  election 

officers 891 

to  have  care,  custody,  etc.,  of  ballot-boxes,  to  furnish  election 

blanks  and  instructions  to  town  officers         ....  891 
foreign  corporation  to  file  certificate  in  office  of,  etc.       .         .  902 
Security  Live  Stock  Insurance  Company,  incorporated      .        .        .  782 
Selectmen  of  towns,  duties  of,  in  regard  to  the  preservation  of  orna- 
mental and  shade  trees 691 

Sentence  in  criminal  cases  in  superior  court  where  appeal  appears 

frivolous 930 

Sentences  of  prisoners  in  the  Massachusetts  reformatory  .         .        .  782 
Sewage  disposal,  town  of  Watertown  may  provide  system  of   .        .  879 
allowance  to  district  attorney  in  proceedings  under  metropoli- 
tan sewerage  act 1096 

Sewer  assessments  in  cities,  apportionment  of 720 


Index. 


1355 


Sewerage  system,  city  of  Quincy  to  construct 

city  of  Marlborough  may  raise  additional  sum  of  money  to 

construct         

Sewerage,  board  of  commissioners  of,  in  city  of  Waltham,  relating 

to 

in  city  of  Woburn,  to  be  appointed 

Shawme  Savings  Bank,  in  Sandwich,  corporation  dissolved 
Sheriff,  county  of  Hampshire,  salary  of       .....         . 

Sherman,  Gen.  Wm.  T.,  resolutions  on  the  death  of  . 

Shoe  Company,  Turner's  Falls,  name  established        .... 

Sinking  fund  to  be  established  for  the  state  house  loan  due  in  the 

year  1901 

Sinking  funds  of  the  Commonwealth,  i-elating  to  .  .  .  . 
Smelt  fishery,  county  of  Nantucket,  regulated  ..... 
Smith  College,  trustees  of,  may  hold  additional  real  and  personal 

estate 

Societies,  agricultural,  relating  to  bounties  to     . 
Societies  : 

American  Oriental,  may  hold  meetings  without  the  Common- 
wealth       

Ancient  Order  of  Foresters  of  America,  name  established 
Boston,  of  Natural  History,  may  hold  additional  estate  . 
Congregational,   of  Amesbury  and   Salisbury  Mills  Village, 
name  changed  to  the  Main  Street  Congregational  Society  of 
Amesbury         ......... 

Congregational  Unitarian,  of  Bernardston,  name  established 
proceedings  confirmed    ....... 

Dorchester  Historical,  incorporated 

Everett  Congregational,  proceedings  confirmed 

First  Congregational  Church  and,  in  Baldwinville,  acts  made 

valid 

New  England,  for  the  Suppression  of  Vice,  name  changed  to 

The  New  England  Watch  and  Ward  Society 
The  Proprietors  of  the  Fiest  Universalist  Meeting-house  in 

Salem,  may  hold  additional  property     .... 
Weymouth  Agricultural  and  Industrial,  incorporated 
Weymouth  Agricultural  and  Industrial,  allowance  to 
Widows',  in  Boston,  may  hold  additional  property  . 
Worcester  Natural  Ilistoiy,  charter  amended  . 
Soldiers'  home  in  Massachusetts,  allowance  to  trustees 

Soldiers'  messenger  corps,  in  favor  of 

Somerville,  city  of,  and  city  of  Boston,  boundary  line  changed 
may  lay  out  and  maintain  a  public  park    .... 

police  court  of,  salary  of  justice 

Somerville  Trust  Company,  incorporated 

Sons  of  veterans,  badges  of,  not  to  be  worn  except  by  members 
South  bay,  in  Boston,  improvement  of;  harbor  lines  changed    . 


Page 
811 

1020 

706 
969 
722 
753 
1104 
694 

799 
832 
740 

695 
735 


897 
849 
743 


769 

673 
766 
746 

849 

720 

692 

708 

1067 

706 

731 

1062 

1099 

856 

875 

756 

907 

669 

872 


1356  Index. 


South  Boston,  land  of  the  Commonwealth  at,  may  be  used  as  a  pub- 
lic playground 1026 

Southeastern  district,   an   assistant  district  attorney  for,  may  be 

appointed 727 

Special  messages  to  the  legislature 1131 

Springfield,  city  of,  sinking  fund  for  payment  of  water  bonds  of, 

relating  to 752 

Springfield  Young  Men's  Christian  Association,  and  The  Armory  Hill 
Young  Men's   Christian  Association    of    Springfield,   may 

consolidate 712 

Stables  in  cities,  relating  to 796 

State  almshouse,  allowance  for  a  new  insane  asylum  and  certain 

repairs  and  improvements  at 1072 

State  almshouse  and  state  farm,  report  of  trustees  of        .        .        .  861 

State  almshouse,  reception  and  care  of  state  paupers  at     .        .         .  711 
State  board  of  agriculture,  to  collect  and  circulate    information, 

relative  to  abandoned  farms 848 

to  make  an  investigation  into  the  dangers  arising  from  tuber- 
culosis in  the  food  products  of  cattle 1099 

three  members  to  constitute  the  state  dairy  bureau  .        .        .  1018 

secretary  of,  may  employ  an  assistant  clerk      ....  862 

secretary  of,  duties  in  regard  to  preservation  of  trees,  etc.       .  691 

an  assistant  secretary  to  be  appointed       .....  1017 
State  board  of  arbitration  and  conciliation,  printing  and  distribution 

of  reports 777,  1062 

State  board  of  health,   repeal  of  requirement  that  Avater  boards, 

etc.,  should  make  certain  returns  to 733 

State  board  of  registration  in  pharmacy,  allowance  to        .        .        .  1085 

State  dairy  bureau  of  the  board  of  agriculture,  established        .        .  1016 

State  farm,  allowance  to 1081 

State  farm  and  state  almshouse,  report  of  trustees  of          .        .        .  861 
State  house  loan  due  in  the  year   1901,  sinking  fund  for,  to  be 

established 799 

State  library,  clerical  assistance  for    .  • 674 

State  lunatic  hospital,  Northampton,  allowance  for  ....  1083 

State  military  and  naval  historian,  allowance  for  clerical  assistance 

and  other  expenses         ........  807 

State  normal  school,  Bridgewater,  allowance  for        ....  1087 

Salem,  allowance  for 1084 

Westfleld,  sale  of  a  portion  of  the  laud,  etc.,  authorized        .  1095 

Worcester,  allowance  for 1089 

State  normal  schools,  boarding   houses  at,  management  and  ac- 
counts of         .........        .  973 

diplomas  of  graduates  of,  to  be  evidence  of  fitness  to  be 

teachers 756 

State  paupers,  support  of,  by  cities  and  towns,  concerning       .        .  752 

State  pension  agent,  allowance  for  expenses 780 

report  to  be  printed 1081 


Index. 


1357 


State  primary  school  at  Monson,  allowance  for 

State  prison,  machinery  to  be  provided  for        .... 

punishment  of  prisoners  in,  for  destroying  property  of  the 
Commonwealth        ........ 

commissioners  of  prisons  may  take  additional  land  for   . 
classification  and  grading  of  prisoners  in        .        .         . 
State  supervisors  who  served  in  city  of  Boston  at  state  election  of 
1889,  allowance  for  payment  to       ....         • 

State  tax  of  .$1, 500, 000,  apportioned  and  assessed      ... 
State  house,  commissioners  on,  may  lease  house  for  use  of  commiS' 
sions,  etc.         ......... 

to  provide  storage  room  for  the  bureau  of  statistics  of  labor 
State  Street  Safe  Deposit  and  Trust  Company,  incorporated     . 
Statistics  of   labor,  bureau  of,  special  statistics  of   United  States 
census  may  be  tabulated  in  rooms  of     . 
providing  for  the  collection  by,  of  statistics  relative  to  fami 
lies  residing  in  rented  tenements  in  the  city  of  Boston 
Statistics  of  manufactures,  printing  and  distribution  of    . 
Statue  of  Charles  Devens,  allowance  for  the  erection  of  . 
Stoneham,  town  of,  may  aid  extension  of  the  Boston  and  Maine 

Railroad 

Street  railway  cars,  fenders  and  guards  on,  act  relating  to,  repealed. 
Street  railway  companies,  property  and  franchises  of,  bill  relating  to 

taxes  on,  referred  to  rapid  transit  commission 
Street  railway  conductors,  etc.,  in  the  city  of  Salem,  to  be  licensed, 
Street  Railway  Company,  Interstate,  may  extend  tracks  into  Attle- 
borough.  North  Attleborough  and  Seekonk  .         .         .         . 

Merrimack  Valley,  name  established 

Nantucket  Beach,  may  do  business  as  a  common  carrier 
Street  railways,  to  provide  for  additional  accommodations  for  pas- 
sengers on       ......•••         • 

Streets  in  cities,  watering  of 

Suburban  Railroad  Company,  incorporated 

Suffolk  county,  assistant  register  of  probate  and  insolvency  for,  sal- 
ary established         ......... 

clerks  of  courts,  etc.,  to  pay  to  the  city  of  Boston,  monthly, 
fees,  fines,  etc.         ......... 

Superintendents  of  schools,  small  towns  aided  to  provide 
Superior  court,  additional  jurisdiction  conferred  upon 

to  have  exclusive  original  jurisdiction  of  capital  crimes  . 

to  have  jurisdiction  in  equity  to  determine  questions  between 

joint  owners  of  personal  property 

fees  of  clerks      .......... 

sentence  in  criminal  cases  in,  where  appeal  appears  frivolous, 

trials  in,  without  a  jury,  relating  to 

county  of  Barnstable,  sittings  of 

for  civil  business,  county  of  Bristol,  time  of  sittings  of  . 


Page 

1086 

802 

857 
793 
958 

1086 
1036 

1064 
1065 

781 

1085 

1098 

778 
1085 

797 
946 

1096 
742 

1000 
712 
689 

794 

770 

772 

715 

807 
839 
855 
966 

973 
713 
930 
801 
767 
851 


1358  Index. 

Page 
Supervision  of  foreign  corporations  engaged  in  selling,  etc.,  bonds, 

etc 841 

Supervisors  of  elections,  I'elative  to 835 

Supervisors,  state,  who  served  in  city  of  Boston  at  state  election  of 

1889,  allowance  for  payment  of 1086 

Supplement  to  the  Public  Statutes,  further  distribution  of        .         .  1077 

Support  of  state  poor  by  cities  and  towns 752 

Supreme  judicial  court,  fees  of  clerks         ......  713 

clerical  assistance  for  justices  of 714 

to  have  jurisdiction  in  equity  to  determine  questions  between 

joint  owners  of  personal  property 973 

county  of  Bristol,  time  of  sitting  of 851 

county  of  SuiTolk,  officers  in  attendance  to  wear  uniforms       .  771 
Survey,  board  of,  in  the  city  of  Boston,  providing  for  appointment 

of 881 

T. 

Table  showing  changes  in  legislation 1199 

Taunton,  city  of,  may  incur  indebtedness  beyond  debt  limit       .         .  751 

may  cede  land  for  a  post  office  building  to  the  United  States  .  780 

Taunton  lunatic  hospital,  allowance  for  repairs,  etc.,  at    .        .         .  1097 

Taunton,  court  house  at,  to  be  rebuilt,  etc.          .....  732 

Taunton  lunatic  hospital,  allowance  for  certain  repairs  and  improve- 
ments at  .        .         .  ■ 1097 

Tax  commissioner  and  commissioner  of  corporations,  clerical  assist- 
ance for 904 

to  assess  upon  corporations,  etc.,  making  deposits  with  the 
treasurer,  in  trust,  the  expense  of  care,  etc.,  of  such  de- 
posits         806 

Tax  imposed  on  collateral  legacies  and  successions    ....  1028 

Tax  levy,  direct,  relative  to  reimbursement  of,  by  the  United  States,  1071 

Tax,  state,  of  81,500,000,  apportioned  and  assessed  .         ,        .        .  1036 

Tax  titles,  to  prevent  excessive  charges  in  redemption  of  .        .        .  851 
Taxable  valuation  of  vessels  engaged  in  the  foreign  carrying  trade, 

provisions  concerning,  extended     ......  731 

Taxes,  county,  granted 1070 

paid  by  savings  banks  upon  real  estate  used  for  banking  pur- 
poses, to  be  refunded 764 

poll,  street  lists  of  persons  assessed  for,  to  be  printed  for  dis- 
tribution    845 

on  property  and  franchises  of  street  i-ailway  companies,  bill 

relating  to,  referred  to  rapid  transit  commission  .         .        .  1096 
Teachers,  school,  diplomas  of  graduates  of  state  normal  schools  to 

be  evidence  of  fitness  for 756 

relating  to  payment  of 721 

Tellers  in  town-meetings,  oath  of  office  may  be  administered  by 

moderator 683 


Index.  1359 

Page 
Templeton,  towu  of,  First  Coagregational  Cliurch  and  Society  in 

Baldwinville,  acts  made  valid 849 

Temporary  loans  by  cities  and  towns,  concerning       ....  797 
Tenements,  rented,  in  city  of  Boston,  statistics  relative  to  families 

residing  in,  to  be  collected 1098 

Thompson,  William  v.,  justice  of  the  peace,  acts  confirmed      .        .  1058 
Thompson  and  Baker  Coal   Company,   named  changed  to  N.  A. 

Thompson  Coal  Company 761 

Time,  how  to  be  reckoned  in  laws  relating  to  elections      .        .       707,  867 

Titles,  tax,  to  prevent  excessive  charges  in  redemption  of         .        .  851 

Tobin,  Richard  F.,  city  of  Boston  may  pay  salary  to  widow  of .        .  692 
Topographical  survey  and  map  of  Massachusetts,   allowance  for 

continuance 1059 

Topographical  survey  commission,  extra   copies   of  report  to  be 

printed 1060 

Tow  Boat  Company,  Boston,  may  increase  capital  stock    .        .        .  724 

Town  clerk,  to  make  record  of  taking  of  oath  by  tellers    .        .        .  683 

Town  elections,  number  and  terms  of  officers  to  be  chosen  by  ballot,  665 

appointment  of  ballot  clerks  and  additional  ballot  officers        .  682 
Town-meetings,  tellers  in,  oath  of  office  may  be  administered  by 

moderator 683 

proceedings  of  certain,  confirmed 833 

Town  offices,  candidates  for,  withdi'awal  of  names  of        .        .        .  753 

vacancies  in,  provisions  for  filling 897 

Towxs : 

Amesbury,  to  be  indemnified  in  part  for  rebuilding  Newbui'y- 

port  bridge 1015 

Arlington,  may  issue  bonds,  etc.,  for  payment,  etc.,  of  water 

debt 726 

Attleborough,  Interstate  Street  Railway  Company  may  extend 

its  tracks  into 1000 

Ayer,  in  favor  of        ........         .  1068 

Belchertown,  proceedings  at  annual  town-meeting  confirmed  .  919 

Belmont  and  city  of  Cambridge,  division  lines  between  .        .  830 

Billerica,  exempt  from  maintaining  a  high  school    .        .        .  820 
Bourne,  selectmen   may  regulate  alewife  fishery  in  Herring 

river 757 

Braintree,  may  supply  itself  with  water    .....  906 

Cohasset,  certain  acts  confirmed 793 

Dalton,  Fire  District  of,  may  issue  additional  bonds         .        .  775 
Danvers,  may  generate  and  distribute  electric  light  and  power; 

action  legalized        .........  962 

Douglas,  Providence  and  Springfield  railroad  may  be  extended 

into 974 

Duxbury,  may  fund  debt  and  issue  bonds 672 

Easthampton,  proceedings  of  annual  town-meeting  confirmed,  892 

Easthampton,  may  supply  itself  with  water       ....  823 


1360 


Index. 


Page 
Towns —  Concluded. 

Everett,  may  issue  bonds,  etc.,  for  refunding  water  debt         .  750 

Gay  Head,  allowance  to,  for  repairs  on  school  house        .         .  1070 

Harwich,  relieved  of  expense  of  supporting  Bass  river  bridges,  746 
Holden,  may  appropriate  money  to  celebrate  anniversary  of 

incorporation 880 

Manchester,  may  supply  itself  with  water         ....  717 

Medford,  brooks  and  streams  in 897 

Melrose,  may  make  an  additional  water  loan     ....  1023 

Methueu,  may  supply  itself  with  water 893 

Nantucket,  proceedings  of  town-meeting  confirmed  .        .        .  837 

Needham,  may  make  an  additional  water  loan  ....  685 
North  Attleborough,  Interstate  Street  Railway  Company  may 

extend  its  tracks  into 1000 

Orange,  may  incur  indebtedness  beyond  debt  limit  to  construct 

a  system  of  sewers .        .  675 

Randolph,  may  pay  certain  bounties 754 

Richmond,  proceedings  ratified 977 

Salisbury,  to  be  indemnified  in  part  for  rebuilding  NeAvbury- 

port  bridge 1015 

Saugus,  appropriation  for  dedicating  a  soldiers'  monument 

legalized 857 

Seekonk,  Interstate  Street  Railway  Company  ma}'  extend  its 

tracks  into 1000 

Stoneham,  may  aid  extension  of  the  Boston  and  Maine  railroad,  797 

Truro,  assistance  to,  in  maintaining  highway   ....  931 

Usbridge,  new  railroad  station  in 773 

Wareham,  street  railways  in,  may  be  consolidated    .        .        .  796 

Watertown,  may  issue  bonds,  notes,etc.,for  sewerage  purposes,  879 

Westport,  fisheries  regulated 744 

West  Springfield,  allowance  for  protection  of,  against  encroach- 
ments of  Connecticut  river 1088 

West  Tisbury,  incorporated 857 

Weymouth,  may  make  an  additional  water  loan        .         .        .  781 
Winchester,  release  of  interest  of  the  Commonwealth  in  cer- 
tain lands  in 1089 

Towns,  may  exercise  jurisdiction  with  the  county  commissioners  of 
petitions  for  laying  out,  altering,  etc.,  highways  and  county 

15  ^        bridges 763 

ZT"-    payment  of  tuition  in  high  schools  by  certain   ....  834 

registrars  of  voters  in,  relative  to  sessions  of  .        .        .         .  811 

small,  aided  to  provide  school  superintendents          .         .        .  839 

Towns" and  cities,  custody  of  records  and  oflicial  papers  of       .        .  902 

may  lease  public  buildings  to  veteran  firemen's  associations     .  795 

may  manufacture  and  distribute  gas  and  electricity          .         .  949 

support  of  paupers  by 714 

support  of  state  paupers  by 752 

temporary  loans  h\ 797 


Index. 


1361 


Training  School,  International  Young  Men's  Christian  Association, 

name  established 

Training  school,  nautical,  to  be  established 

secretary  of  navy  to  be  petitioned  to  furnish  a  vessel  for  the 

use  of 

Treasurer  and  receiver-general,  disposition  of  monej'  received  by, 

from  the  metropolitan  sewerage  commissioners    . 

may  deposit  public  moneys  in  certain  trust  companies,  etc. 

to  establish  a  sinking  fund  for  the  state  loan  due  in  the  year 

1901 

care  of  deposits  made  with,  extra  clerical  assistance  for 
may  borrow  money  in  anticipation  of  revenue  . 
Trees,  ornamental  and  shade,  preservation  of    .        ,        .        .     691, 
Trial  justices,  fees  and  expenses  in  prosecutions  before    . 

duties  of,  in  relation  to  the  punishment  of  drunkenness  . 
Trials  in  the  superior  court  without  a  jury,  relating  to 
Trout  fishing  in  Hampden  county,  regulated       .... 

Truant  school  for  the  county  of  Essex,  inmates  of  the  industrial 

school  at  Lawrence  may  be  transferred  to     . 
Truants,  may  be  removed  to  union  truant  schools 
Truro,  town  of,  assistance  in  maintaining  Beach  Point  road 
Trust  companies,  etc.,  public  moneys  maybe  deposited  in,  by  the 

treasurer  and  receiver-general 
Trust  Company,  Fall  River  Loan  and,  incorporated 
Gloucester  Safe  Deposit  and,  incorporated 
Haverhill  Safe  Deposit  and,  incorporated 
Mattapan  Deposit  and,  incorporated 
North  Essex,  incorporated 
Somerville,  incorporated    .... 

State  Street  Safe  Deposit  and,  incorporated 
Winthrop  Loan  and,  incorporated 
Trustees,  giving  of  bonds  without  sureties  by,  relati 

of  the  Consumptives'  Home,  may  hold  additional  estate 

of  the  James  Arnold  Fund,  incorporated  . 

of  the  Massachusetts  hospital  for  dipsomaniacs  and  inebriates, 

may  contract  for  a  supi)ly  of  water 
of  the  Memorial  Hospital  in  Worcester,  name  changed  to  The 
Memorial  Hospital ....... 

of  Public  Reservations,  incorporated 
of  the  Scottish  Rite  of  Freemasonry,  incorporated  . 
of  Smith  College,  may  hold  additional  estate     . 
of  the  soldiers'  home  in  Massachusetts,  allowance  to 
of  the  state  farm  at  Bridgewater  and  the  state  almshouse  at 
Tewksbury,  to  make  their  report  on  or  before  the  first  day 

of  November 

Tuberculosis  in  food  products  of  cattle,  dangers  arising  from,  to  be 
investigated 


ng  to 


Page 

671 

1009 

1059 


874 

799 

805 

1058 

1082 

889 

1034 

801 

744 

976 

1032 

931 

874 
762 
675 
725 
762 
861 
907 
781 
724 
901 
690 
697 

868 

667 
918 
703 
696 
1062 


861 
1099 


1362 


I:n^dex. 


Tuition  in  high  schools,  payment  of,  by  certain  towns 
Turner's  Falls  Shoe  Company,  name  established 


834 
694 


u. 

Unitarian  Society  of  Bernardston,  Congregational,  name  established; 

proceedings  confirmed 673 

United  States,  to  have  concurrent  jurisdiction  over  certain  lands  in 

Winthrop 709 

city  of  Taunton  may  cede  land  to,  for  a  post  office  building  .  780 
grants  of  money  from,  to  colleges  for  benefit  of  agriculture 

and  mechanic  arts,  accepted  by  Massachusetts  .  .  .  1027 
United   States   census,  special   statistics  for,  may  be  tabulated  in 

rooms  of  bureau  of  statistics  of  labor 1085 

Universalist  Meeting-house  of  Salem,  First,  Proprietors  of,  may  hold 

additional  property 692 

University  Club  of  Boston,  incorporated 1026 

Uxbridge,  town  of,  new  railroad  station  in 773 


V. 

Vacancies,  in  nominations  of  candidates  caused  by  withdrawals  and 
ineligibility,  filling  of 

in  town  offices,  filling  of 

Vaughan,  Francis  M.,  in  favor  of  the  widow  of        .        .        . 
Vessels  engaged  in  the  foreign  carrying  trade,  taxable  valuation  of 
Veteran  firemen's  associations,  public  buildings  may  be  leased  to 
Veterans,  sons  of,  badges  of,  not  to  be  worn  except  by  members 

Volunteer  militia,  concerning 

Voter  unable  to  mark  his  ballot,  assistance  to    . 
Voters,  registrars  of,  in  towns,  relative  to  sessions  of 

representation  of  political  parties  on  boards  of 
Voters,  to  ensure  a  more  thorough  registration  of 

male,  qualification  of 

Votes,  uniform  system  of  counting  and  canvassing    . 


846 
897 
1071 
731 
795 
669 
804 
809 
811 
980 
853 
851 
890 


"Wachusett  Club,  in  Haverhill,  incorporated 723 

Wages,  weekly  payment  of,  by  corporations 809 

Wakefield  Real  Estate  and  Building  Association,  charter  extended    .  668 

Waltham,  city  of,  additional  water  supply  for 828 

board  of  commissioners  of  sewerage  for  .....  706 

board  of  health  of 740 

may  issue  bonds  for  refunding  water  debt        ....  761 
Home  for  Aged  Women  in,  name  changed  to  the  Leland  Home 

for  Aged  Women 722 


Index.  1363 

Page 
"Walthain  Savings  Bank,  certain  taxes  assessed  against,  to  be  re- 
funded       1073 

Warden  of  the  state  prison,  may  classif}^  and  grade  prisoners   .        .  958 

Wareliara,  town  of,  street  railwaj^s  in,  may  be  consolidated       .        .  796 

Washburn,  William,  in  favor  of  estate  of lOGO 

Washington,  name  of,  to  be  inscribed  on  bust  in  Doric  hall       .         .  1084 

Watch  and  Ward  Society,  The  New  England,  name  established         .  720 
Water  boards,  water  companies,  etc.,  not  required  to  malve  certain 

returns 733 

Water  Company,  Hanover,  incorporated 998 

Water  Loan  : 

Arlington 726 

Braintree 906 

Chelsea 808 

Dalton  Fire  District 775 

Easthampton 826 

Everett 750 

Lynn 725 

Haverhill 914 

Manchester 717 

Melrose 1023 

Methuen 894 

Needham 685 

North  Easton  Village 774 

Quincy 1006 

Waltham 761 

Weymouth 781 

Worcester 751 

Water  Supply  : 

Abington 998 

Braintree 906 

Easthampton 823 

Everett 750 

Falmouth 800 

Hanover 998 

Haverhill 911 

Manchester 717 

Massachusetts  hospital  for  dipsomaniacs  and  inebriates  .         .  868 

Methuen 893 

Quincy 1002 

Rockland 998 

Waltham 828 

Water  Supply  Company,  Gloucester,  charter  amended        ,        .        .  730 

Water  Supply  District,  Foxborough,  limits  extended        .        .        .  784 

may  issue  bonds,  etc. 1028 

Watering  streets  in  cities 770 

Watertown,  town  of,  may  issue  bonds,  etc.,  for  sewerage  purposes  .  879 


1364  Index. 


Waushacum  Lake  Company,  incorporated 705 

Weavers,  fines  not  to  be  imposed  upon,  for  imperfections  in  worli    .  735 

Weekly  payment  of  wages  by  corporations 809 

Wellfleet  bay,  blueflsh  not  to  be  taken  with  nets  or  seines  in  waters 

of 743 

Westborough  insane  liospital,  allowance  for  deficiencies  in  current 

expenses 1062 

allowance  for  the  payment  of  current  expenses,  etc.         .        .  1097 

Westport,  town  of,  fisheries  in 744 

West   Springfield,  town  of,  allow\auce   for  protection   of,  against 

encroachments  of  Connecticut  river       .         .        .         .        .  1088 

West  Tisbury,  town  of,  incorporated  .......  857 

Weweantit  river,  fisheries  in        .......        .  784 

Weymouth  Agricultural  and  Industrial  Society,  incorporated     .        .  708 

allowance  to 1067 

Weymouth,  town  of,  may  make  an  additional  water  loan  .        .        .  781 

Widow^s'  Society  in  Boston,  may  hold  additional  property        .        .  706 
Winchester,  town  of,  release  of  interest  of  the  Commonwealth  in 

certain  lands  in 1089 

Winthrop,  land  in  town  of,  may  be  purchased  by  the  United  States, 

jurisdiction  ceded 709 

Winthrop  Loan  and  Trust  Company,  incorporated    ....  724 

Winthrop  Yacht  Club,  name  established 733 

Withdrawal  of  names  of  candidates  for  town  oflices  ....  753 
Withdrawal  and  ineligibility  of  candidates  for  office,  filling  of  vacan- 
cies caused  by 846 

Woburn,  city  of,  board  of  sewerage  commissioners  for     .         .        .  969 

Woman's  charity  club  hospital,  in  favor  of 1087 

Woman's  relief  corps,  badges  of,  not  to  be  worn  except  by  mem- 
bers             669 

Women,  Aged,  Leland  Home  for,  name  established   ....  722 

Wood  prepared  for  fuel,  cities  may  regulate  sale  of  .        ,        .        .  744 

Woodcock,  close  season  for 746 

Worcester,  city  of,  allowance  for  payment  of  a  stx'eet  betterment 

assessment  upon  property  of  the  Commonwealth  in     .        .  1073 
may  renew  a  funded  loan  .        .        .        .        .        .         .        .751 

Worcester,  county  of,  assistant  clerk  of  courts  for,  salary  of  .        .  716 

salaries  of  county  commissioners       ......  709 

Worcester,  The  Memorial  Hospital  in,  name  established    .        .        .  667 

Worcester  Natural  History  Society,  charter  amended        .        .        .  731 

Worcester  state  normal  school,  allowance  for 1089 

Workmen  employed  by  state,  county,  city  or  town,  nine  hours  to 

constitute  a  day's  work 917 

World's  Columbian  exposition,  relative  to  the  participation  of  the 

Commonwealth  in 1091 


Index.  1365 

Y. 

Page 
Yachts  aud  small  boats,  relative  to  the  marking  of  places  dangerous 

to 1095 

Yacht  Club,  Great  Head,  name  changed  to  Winthrop  Yacht  Club      .       733 

Young,  Simon  E.,  in  favor  of 1085 

Young  Men's  Christian  Association,  The  Springfield,  and  the  Armory 
Hill  Young  Men's  Christian  Association  of  Springfield,  may- 
consolidate  and  unite       ........       712 

Young  Men's  Christian  Association  Training  School,  The,  name 
changed  to  International  Young  Men's  Christian  Association 
Training  School 671 


z. 

Zone  system  of  passenger  fares,  to  be  investigated  bj^  railroad  com- 
missioners        1074 


-'-.A'.'.'.v.  'a