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

ACTS 



RESOLVES 



PASSED BY THE 



General Ofoitrt of ^nmxtkmih, 



IN THE YEAR 

1892, 

TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING 

CHANGES IN THE STATUTES, CHANGES OF 

NAMES OF PERSONS, ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

No. 18 Post Office Square. 

1892. 



A CONSTITUTION 



FOUM OF GOVERNMENT 



Commonto^altb of IHassacbus£tls. 



PKEAMBLE. 

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

The body politic is formed by a voluntary association Body politic 
of individuals : it is a social compact, by which the whole ns^aru^! ' 
people covenants with each citizen, and each citizen with 
the whole people, that all shall be governed by certain 
laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to 
provide for an equitable mode of making laws, as well as 
for an impartial interpretation and a faithful execution 
of them ; that every man may, at all times, find his secu- 
rity in them. 

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



CONSTITUTION OF THE 

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



PART THE FIRST. 

A Declaration of the RigJtts of the Inhabitants of the 
Commonwealth of Massachusetts. 

Equality and ARTICLE I. All mcu are l)orn free and equal, and have 

ell 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. It is the right as well 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 
the'^re^n!"" SuPREME Being, the great Creator and Preserver of the 
i2Aiien!*i29. univcrse. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most agreeable to the 
dictates of his own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not disturb the 
public peace, or obstruct others in their religious worship. 
Amendment, HJ. [As tlic happiucss of a people, and the good order 

tute'd 'for this, aiid preservation of civil government, essentially depend 
upon piety, religion, and morality ; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
Legislature em- instructions in ])lety, Tclii^ion, and morality: Therefore, 

pow6r6u to coro- i«/'^o' •^ 

pel provision for to prouiotc their happiucss, and to secure the good order 
public worship , ^^^^ 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, roliijion, and morality, in all cases Avhere such 
l)rovisi()n shall not he made voluntarily. 

And the i)e()ple of this connnonwcalth have also a right aire'n1iLnce°^°'° 
to, and do, invest their legislature with authority to enjoin thereon. 
u})on all the subjects an attendance upon the instructions 
of the i)ublic 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- giou'rteachers' 
ties, shall, at all times, have the exclusive right of electing secured. 
their pul>lic teachers, and of contracting with them for 
their support and maintenance. 

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

111 1 11- Till -1 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^curTdT"' 
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 orio-inally in the people, and Accountability 

.. T • t n 1 1 1 llr' ofalloflicers, 

hemg derived irom 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 puwic'beinl the 
and exclusive privileges, distinct from those of the com- pee^i-aiynvi. 
inunity, than what arises from the consideration of ser- '(^ges, heredi- 

1 T ,,. ii'-i • • '^"'y oftices are 

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



CONSTITUTION 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. 418. 
7 Pick. 344. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
T Gray, 363. 
14 Gray, 154. 
1 Allen, 1.30. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 

6 Cush. 327. 
14 Gray, 15.5. 
16 Gray, 417, 
431. 



born a magistrate, lawgiver, or judge, is absurd and 
unnatural. 

VII. Government is instituted for the common good ; 
for the protection, safety, prosperity, and happiness of the 
people ; and not for the profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
people alone have an incontestible, unalienable, and inde- 
feasible right to in.stitute government; and to reform, 
alter, or totally change the same, when their protection, 
safety, prosperity, and happiness require it. 

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

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for 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, 
when necessary : but no part of the property of any indi- 
vidual can, with justice, be taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllal)le by any other laws 
than those to which their constitutional representative 
body have given their consent. And wdienever the pub- 
lic exigencies require that the property of any individual 
should be appropriated to pul)lic uses, he shall receive a 
reasonable compensation therefor. 



1 Allen, 1.50. 

11 Allen, 530. 

12 Allen, 223, 230. 
100 Mass. 544, 610. 



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. 659. 



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



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



CO:\LMOXWEALTH OF MASSACHUSETTS. 7 

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

XII. Xo subject shall bo held to answer for any crimes Prosocntions 
or otience, until the same is fully and plainly, substantially, 8't"'ick!2ii. 
and formally, described to him ; or be compelled to accuse, 1" Pick! Ik 
or furnish evidence against himself. And every subject 2Mdt'^329^^' 
shall I^ne a right to produce all proofs that may be i2 0u8h. 246. 
favorable to him; to meet the witnesses against him face sGiay'^eo. 
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 2 A^/e'lf/slfi^' 
arrested, imprisoned, despoiled, or deprived of his prop- ll(f^}y^'4^g~ 
erty, immunities, or privileges, put out of the protection 473! 

of the law, exiled, or deprived of his life, liberty, or 97 Mags.'57'o,' 
estate, but by the judgment of his peers, or the law of loo^iass. 237, 

the In lid 295. 

lue laua. io3Ma8B.4is. 

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. 
lOS Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559. 

And the legislature shall not make any law that shall T^'s'^Mo '■:'«! '^s; 

o . -' jury lu cnminal 

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

OUttrialVjury.^ 103 Mass. 418. 

XIII. In criminal prosecutions, the verification of facts, Cnmestobe 
in the vicinity where they happen, is one of the great- ?iduity!" 

est securities of the life, liberty, and property of the 121 M'^'ss^'ei, 62, 
citizen. 

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

^ 1 ^ -1 ' CI- !• and seizure 

unreasonable searches, and seizures, or his person, his regulated. 
houses, his papers, and all his possessions. All w^arrants, Amend°tiv. " 
therefore, are contrary to this right, if the cause or founda- Icalh^f^Q. 
tion of them be not previously supported by oath or affir- i,.!^/,^^''^:., 

1 •/« 1 1 • 1 • •! /v 13 Gray, 4o4. 

mation, and 11 the order in the warrant to a civil officer, to 10 Alien, 403. 

, 1 . J T 1 J , 100 Mass. 136, 

make search m suspected places, or to arrest one or more 139. 
suspected persons, or to seize their property, be notaccom- ^^1^ ^^^^^ -'^9' 
paniedAvith a special designation of the persons or ol)jects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to triaiiiy 

U., 1 , , '^ '■'-.. "^ . jury sacred, es- 

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

which it has heretofore been otherways used and practised, Amend°t vil' 

the parties have a right to atrial by jury ; and this method 7 pick.' lee.' 

of procedure shall be held sacred, unless, in causes arisino; 5 Gray, 144. 

\l1 1 • 1 1 1 1 ; , • , 8 Gray, 3i3. 

on the high seas, and such as relate to mariners wages, 11 Alien, 574, 
the legislature shall hereafter find it necessary to alter it. loi'Mass. 45, 

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. ^'' 
120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600. 



CONSTITUTION OF THE 



Liberty of the 
press. 



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



Moral qualifica- 
tions for office. 



Moral obliga- 
tions of lawgiv- 
ers and magis- 
trates. 



Right of people 
to instruct rep- 
resentatives and 
petition legisla- 
ture. 



Power to sus- 
pend the laws or 
their execution. 



Freedom of de- 
bate, etc., and 
reason thereof. 



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation found- 
ed on consent. 
8 Allen, 247. 



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

XVII. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained without the consent of the legislature ; and 
the military power shall always be held in an exact subor- 
dination to the civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of piety, justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to require of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

XIX. The people have a right, in an orderly and peace- 
able manner, to assemble to consult upon the common 
good ; give instructions to their representatives, and to 
request of the legislative body, by the Avay 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 delil^eration, speech, and debate, 
in either house of the legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 

XXII. The legislature ought frequently to assemble 
for the redress of grievances, for correcting, strengthening, 
and confirming the laws, and for making new laws, as the 
common good may require. 

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



CO:^DIOXWEALTH OF INIASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ExpoHt/acto 
the existence of such laws, and which have not been de- i^^Ai'ion, 421? ' 
dared crimes by })recedinir laws, are unjust, oppressive, 4-4,428,434. 
and inconsistent with the fundamental principles of 11 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- ueasonTetc. 
ture. 

XXVI. No magistrate or court of law shall demand f^ef^j^^^crue'i'' 
excessive bail or sureties, impose excessive fines, or intlict punishments, 

- . , '■ proliibited. 

cruel or unusual punishments. 5 Gray, 482. 

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

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

XXVIII. Xo person can in any case l)e subject to law^- citizens exempt 

, . ■, . ij. • 1 • I i?j.ixl from law-mar- 

martial. 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 judges of su- 
of every individual, his life, liberty, property, and charac- coun? ^"'^'"''^ 
ter, that there be an impartial interpretation of the laws, 1 ora''y,^472. 
and administration of justice. It is the right of every ^ -^}}e°. 591. 
citizen to be tried by judges as free, impartial, and inde- 105 Mass. 219, 
pendent as the lot of humanity Avill admit. It is, therefore, xeAure'cf their 
not only the best policy, but for the security of the rights °^''^' 

of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long as 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing salaries. 
laws. 

XXX. In the government of this commonwealth, the separation of 
legislative depailment shall never exercise the executive ciltanTieill'' 
and judicial powers, or either of them : the executive shall I^enfg.''''P''"' 
never exercise the legislative and judicial powers, or either I Cush. 5jt. 
of them : the judicial shall never exercise the legislative s Aiien,'247,'253. 
and executive powers, or either of them : to the end it 286. ''*^"'"' 
may be a government of laws and not of men. 114 Mass. 247. 

116 Mass. 317. 
129 Mass. 5o9. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

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



Legislative 
department. 



For change of 
time, etc., see 
amendments, 
Art. X. 



Governor's veto. 
99 Mass. 636. 



Bill may be 
passed by two- 
thirds of each 
house, notwith- 
standing. 



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 
The General Court. 

Article I. The department of legislation shall be 
formed by two branches, a Senate and House of Represen- 
tatives ; each of which shall have a negative on the other. 

The legislative body shall assemble every year [on the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May ;] and shall be styled, The General Court of 
Massachusetts. 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, 
until it shall have l)een 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 l)y the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branch of the legislature, where it shall also be reconsid- 
ered, and if approved by two-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases, 



CO:\niONWEALTII OF MASSACHUSETTS. 11 

the vot(^s of both houses shall be determined by yeas and 
navs ; and the names of the persons vothig for, or against, 
the said bill or resolve, shall be entered upon the i)ublic 
reeords of the eommon wealth. ^^ E".°catfoFad° 

And in order to prevent unnecessary dehiys, if any bill jourumentof 
or resolve shall not be returned by the governor within coiin\vithin 
tive davs after it shall have been presented, the same shall lee amend -'^''' 
have the force of a law. ^ rS.teT.'^" 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and "udlcatorfe's?'^ 
courts of record, or other courts, to be held in the name courts of record, 
of the commonwealth, for the hearino:, tryinir, and deter- ^.^r^^'i- , 

> . ,. ~ ^ <^^ 12 Gray, 147, 

mining ot all manner ot crnnes, otlences, pleas, processes, 154. 

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

arising or happening within the commonwealth, or between 

or concerning persons inha])iting, or residing, or brought 

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

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

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

for the awarding and making out of execution thereupon. 

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

•' . . "^ *- . luav administer 

granted tull power and authority, from tmie to tmie, to oaths. 
administer oaths or affirmations, for the l^etter 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 ^c? ^^^'^ ''^^^' 
time to make, ordain, and establish, all manner of whole- 4Airen,47a. 
some and reasonable orders, laws, statutes, and ordinances, sIt^''*^"' ~'^' 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out ; so as the same be not repugnant or contrary to this iioMass. 4C7, 
constitution, as they shall judge to be for the good and 

welfare of this commonwealth, and for the government ].i"s7efc.?'i!ot 
and ordering thereof, and of the subjects of the same, and [fj^'"|^g"i'^'° 
for the necessary support and defence of the government e Alien, 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- ii,°iia88f602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th^r dmies!"^^ 
duties, powers, and limits, of the several civil and military 
officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 



COXSTITUTION OF THE 



may impose 
taxes, etc. 
12 Mass. 2o2. 

5 Allen, 428. 

6 Allen, 558. 

8 Allen, 247,253. 

10 Allen, 2.35. 

11 Allen, 268. 

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

98 Mass, 19. 

100 Mass. 285. 

101 Mass. 575, 
585. 

103 Mass. 267. 

114 Mass. oS8, 

391. 

116 Mass. 461. 

118 Mass. 386, 

389. 

123 Mass. 493, 

495. 

127 Mass. 413. 



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



this constitution ; and to impose and levy proportional 
and reasonable assessments, rates, and taxes, upon all the 
inhal)itants of, and persons resident, and estates lying, 
within the said commonwealth ; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, 
brought into, produced, manufactured, or being within 
the same ; to be issued and disposed of by warrant, under 
the hand of the governor of this commonwealth for the 
time being, with the advice and consent of the council, 
for the public service, in the necessary defence and sup- 
port of the government of the said commonwealth, and 
the protection and preservation of the subjects thereof, 
according to such acts as are or shall be in force withni 
the same. 

And while the public charges of government, or any 
part thereof, shall be assessed on polls and estates, in the 
manner that has hitherto been practised, in order that 
such assessments may be made with equality, there shall 
be a valuation of estates within the commonwealth, taken 
anew once in every ten years at least, and as much oftener 
as the general court shall order. 

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



Senate, mimlicr 
of, and by whom 
elected. 
Superseded by 
amendments. 
Art. XIII., 
which was also 
superseded by 
amendments, 
Art. XXII. 



For provision as 
to councillors, 
see amend- 
ments. Art. 
XVI. 



CHAPTER I. 
Section II. 

Senate. 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
qualified as in this constitution is provided, forty persons 
to be councillors and senators for the year ensuing their 
election ; to be chosen by the inhabitants of the districts 
into which the commonwealth may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in assio-ninof the nural)ers to be elected bv 
the respective districts, shall govern themselves hy the pro- 
portion of the public taxes paid by the said districts ; and 
timely make known to the inhabitants of the common- 
wealth the limits of each district, and the number of coun- 
cillors and senators to l)e chosen therein ; provided, that 
the number of such districts shall never be less than thir- 



(COMMONWEALTH OF MASSACHUSETTS. 13 

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

And the several counties in this commonwealth shall, Counties to i.e 

.. 1 1 J 1 11 1 V • •, distnctB, until, 

untd tlie general court shall determnie it necessary to etc. 
jiltor the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. : — Suffolk, six ; P^ssex, six ; Middlesex, 
live : Hampshire, four ; Plymoutii, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; AVorcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

IL The senate shall be the first l)ranch of the legisla- Manner and 
ture ; and the senators shall be chosen in the followinginan- g'e^atois ""^ 
ner, viz. : there shall be a meeting on the [first Monday in amy'nd'mems^'''' 
April,] annually, forever, of the inhabitants of each town Arts. x. and 
in the several counties of this commonwealth ; to be called to cities, see 
bv the selectmen, and warned in due course of law. at l^r.'ii"''"'*' 
iJast seven days before the [first Monday in April,] Vor j;™[Sions of 
the purpose of electing persons to be senators and coun- gededb^- amend 
cillors ; [and at such meetings every male inhabitant of ments. Arts. 
twentj'-one years of age and upwards, having a freehold xx'viii.!xxx., 
estate within the commonwealth, of the annual income of xxxii.'"''' 
three pounds, or any estate of the value of sixty pounds, tYnT" djtiued'' 
shall have a rii>ht to give in his vote for the senators for See aiso amend- 

T . /•I'll' '1 ments, Art. 

the district ot which he is an inhabitant.] And to remove xxiii., which 
all doubts concerning the meaning of the word " inhabit- Art.xxVi. ^ 
ant" in this constitution, every person shall be considered ij2*Ma8s.'695, 
as an inhabitant, for the purpose of electing and being ^^"* 
elected into any office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall i)reside at selectmen to 

, ^. . , • -n 1111 .1 preside at town 

such meetings impartially ; and shall receive the votes meetings. 
of all the inhalfitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk. Return of votes. 
who shall make a fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by As to cities, see 
the selectmen and the town clerk, and shall be sealed up, An!"ii'.'"'"''*' 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



Time changed 
to first Wedues 
day of January 
See amend- 
ments, Art. X. 



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



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



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



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



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

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
1)6 empowered and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the phmtations where they reside, as town inha1)itants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April], at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elect- 
ors, 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 Ije assessed, for 
that purpose, accordingly. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution ; and shall, [on the said '^'''""chnnsod 

1 • •% T -I 11 ij_ -Til to lirst ^\ fdiifs- 

last Wednesday m iVIay] annually, determine and declare ti^iy of January 

who are elected by each district to be senators [by a A^n.'x"""*^" ^' 

majority of votes ; and in case there shall not appear to chang^fto 

1)0 the full ninnbcr of senators returned elected by ^i ^'i"endn^enu, 

majority of votes for any district, the deticiency shall be ^rt- -^^v. 

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 numl)er of Yf ^°"«'«' ^°^ 

^11 • • IT- ullea. 

senators sumcient to hll up the vacancies in such district ; Changed to 
and in this manner all such vacancies shall be tilled up in people. 
every district of the commonwealth ; and in like manner mOTt8?Art'. 
all vacancies in the senate, arising by death, removal out ^^^^v. 
of the state, or otherw^ise, 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 propeny'quaii- 
in his own right of a freehold, within this commonwealth, fgh'^ed"" ''^°'" 
of the value of three hundred pounds at least, or possessed ^'^^utg^^ft' 

of i)ersonal estate to the value of six hundred pounds at xiii.' 

For inrtncr 75 ro* 

least, or of both to the amount of the same sum, and] who vision as to 
has not been an inhabitant of this commonwealth for the a?so amend^-'''' 
space of five years immediately preceding his election, and, xxn.'^'^^'^" 
at the time of his election, he shall be an inhabitant in the 
district for which he shall be chosen. 

VI. The senate shall have power to adjourn themselves, Senate not to 

•11 IT ji J ij 1 i adjourn more 

provided such adjournments do not exceed two days at a thau two days. 
time. 

VH. The senate shall choose its own president, appoint its^officer°°nd 
its own officers, and determine its own rules of pro- establish its 

-. •*■ rules. 

ceedings. 

VIH. The senate shall be a court w^th full authority . shaiitryaii 

. Til iinpeachnieuls, 

to hear and determine all impeachments made by the 
house of representatives, against any ofiicer 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, trul}'' 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 oflSce and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



Quorum. 
.^ee aoiend- 
nients, Arts. 
.XXII. aud 
XXXIIl. 



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 meml)ers of the senate 
shall constitute a quorum for doing business.] 



Representation 
ot the people. 



Representa. 
lives, by whom 
chosen. 

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



Proviso as to 
towns having 
less than 150 
ratable isolls. 



Towns liable to 
fine in case, etc. 



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



Qualifications of 
a representa- 
tive. 



CHAPTER I. 

Sectiox III. 

House of Representatives. 

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

II. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represen- 
tative ; every corporate town containing three hundred 
and seventy-five ratable polls may elect two representa- 
tives ; every corporate town containing six hundred ratable 
polls may elect three representatives ; and proceeding in 
that manner, making two hundred and twent^'^-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 representativ'e, 
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 docs not depart without 
leave. 

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



COMMOXWEALTII OF MASSACHUSETTS. 17 

least next ]>roceding his election, shall have been an inhab- Kew provision 
itant of, and have l)een seised in his own riaht of a free- soeameniu 
hold of the vahie of one hundred pounds within the town xxY'^ 
he shall be chosen to represent, or any ratable estate to JSiou'/aboi'-'' 
the value of two hundred pounds ; and he shall cease to n/el",ts''\n"'^^"''' 
represent the said town immediately on his ceasing to be xiii. ' 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of ^"^||.'J.^^''°°^°^ 
affe, and resident in any particular tow^n in this common- Tbesepro. 

f^ ' r T 1 • Visions super- 

wealth tor the space ot one }• ear next preceding, having a eeded by 

freehold estate within the said town of the annual income AnT. iTi-'^xx., 

of three pounds, or any estate of the value of sixty pounds, xxxl and^'^' 

shall have a right to vote in the choice of a representative g^^ ^li^o amend- 

or representatives for the said town.1 "jent* A,.t 

TT rmi 1 /• 1 1 • 'in XXIII., which 

V. I ihe members ot the house ot representatives shall wasnnnuiiedby 

Art \XVT 

be chosen annually in the month of May, ten days at least Representa. 
before the last AVednesday of that month. 1 thes, when 

'J -i chosen. 

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

Art. XV. 

YI. The house of representatives shall be the grand canTmpeach. 
inquest of this commonwealth ; and all impeachments 
made by them shall be heard and tried by the senate. 

VII. All money bills shall originate in the house of na^eTiimoufy 
representatives ; but the senate may propose or concur ^'"''" 

with amendments, as on other bills. 

VIII. The house of representatives shall have power moretifan°"v^o 
to adjourn themselves ; provided such adjournment shall ^ays. 

not exceed two days at a time. ^ „ 

•J . Quorum. See 

IX. [Not less than sixty members of the house of ameudmems, 

Arts XXI. and 

representatives shall constitute a quorum for doing busi- xxxiif. 
ness.] 

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

.' ' 1 bers ; to choose 

bers, as pointed out in the constitution ; shall choose their its otr.cers and 
own speaker; appoint their own ofiicers, and settle the ruiU, etc. 
rules and orders of proceedin"; in their own house. They wiy punish 

, i O J lor certain 

shall have authority to punish by imprisonment every oft'«ices. 
person, not a member, who shall be guilty of disrespect 
to the house, by any disorderly or contemptuous behavior 
in its presence ; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body 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 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish 

Genci'al limita- 
tion. 
li Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

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

XI. The senate shall have the same powers in the like 
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. 



His title. 

To be chosen 

annually. 

Qualifications. 



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

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

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



CHAPTER II. 

EXECUTIVE POWER. 

Section I. 

Governor. 

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

II. The governor shall be chosen annually ; and no 
person shall be eligible to this oiEce, 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, 



COMMOXWKALTir OF INIASSACIIUSETTS. 19 

in open town meeting, sort and count the votes, and form 
a list of the persons voted for, Avith 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 i)ublic dechi- As to cities, sec 

T , ,, . aineudiuonls, 

ration thereof m the said meeting; and sliall, in tlie 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 

[last Wednesday in JMayl ; and the sheriff shall transmit Time ciir.na;ed 

L *' J J' ■ to tirst Wodnes- 

the same to tlie secretary s ofhce, seventeen days at least day of January 
l)efore the said [last Wednesday in May] ; or the select- Arf.'^" '"'^'^'*' 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May], to be by them changed to 
examined ; and [in case of an election by a majority of all amendmems, 
the votes returned], the choice shall be by them declared -^J^-^j""- 

1 1 T 1 1 n J • (^ 1111 • • <• now chosen, 

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

IV. The governor shall have authority, from time to rower of gov- 
time, at his discretion, to asseml)le and call together the gover'noraud 
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 

the 



full power and authority, during the session of the gen- generai'court 

JUCfit, 

convene 



eral court, to adjourn or prorogue the same to any time "p?° "^^"' 

'•'AC? »/ una coil % t^i 

the two houses shall desire ; [and to dissolve the same on the same. 
the day next preceding the last Wednesday in May ; and, uon, see amend- 
in the recess of the said court, to prorogue the same from '"''"*' ^ ' • 
time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 



20 



CONSTITUTION OF THE 



As to dissolu- 
tion, see amend- 
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 otlier cause 
happening, wliereby danger may arise to tiie health or 
lives of the members from their attendance, he may direct 
the session to be held at some other, the most convenient 
place within the state. 

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

yi. In cases of disagreement between the two houses, 
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 be the commander-in-chief of the army and 
navy, and of all the military forces of the state, by sea 
and land ; and shall have full power, by himself, or by 
any commander, or other officer or officers, from time to 
time, to train, instruct, exercise, and govern the militia 
and navy ; and, for the special defence and safety of the 
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 w^ays and means whatsoever, all and every such 
per.son or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of cap- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the 
constitution, and the laws of the land, and not other- 
wise. 



COAnrOXWEALTH OF MASSACHUSETTS. 21 

Provfded, that the said governor shall not, at any tune Limitatiou. 
hereafter, by virtue of any })o\ver l)y this constitution 
o-ranted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the con- 
sent of the general court ; except so far as may l)e 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. 

YIII. The power of pardoning otfences, except such found? may"'' 
as persons may be convicted of l)efore the senate by an pardon offences, 

1 PIT iiii'i 1 except, etc. 

impeachment or the house, shall be m 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 I ,• 1 • conviction. 

notwithstandmg any general or particular expressions con- 109 Mass. 323. 
tained therein, descriptive of the offence or oflences in- 
tended to be pardoned. 

IX, All iudicial officers, Fthe attorney-o:eneral,l the Judicial om- 

•^ ,'- */<-^^'_j ccTH, etc., now 

solicitor-general, [all sherifls,] coroners, [and registers of nominated and 
probate,] shall be nominated and appointed by the gov- Fo^provisions 
ernor, by and with the advice and consent of the council ; of auorn^ey*^" 
and every such nomination shall be made by the governor, general, see 

'J . ./ o ' amendments, 

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

For provision as toelectionof sheriffs, rciristcrsof probate, etc., see amendments, Art. 
XIX. For provision as to apiJoiutmeut of notaries public, see amendments, Art. IV. 

X. The captains and subalterns of the militia shall be Miiuia officers, 
elected l)y the written votes of the train-band and alarm Limitation of 
list of their respective companies, [of twenty-one years bf'^amOTd'. °"' 
of age and upwards ;] the tield officers of regiments shall 'nents, Art. v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the 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 Eioctionof 

o . *^ o ' officers. 

and manner of convening the electors, and of collect- 
ing votes, and of certifying to the governor, the officers 
elected. 

The major-generals shall be appointed by the senate and how^aifpSnud' 
house of representatives, each having a negative upon the -'.h'I ^^ommis- 

i ' O O IT stoned. 

other ; and be commissioned by the governor. 

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

And if the electors of brigadiers, field officers, captains Vacancies, how 
or subalterns, shall neglect or refuse to make such elec- etc! •'"'^^*'^' 



22 



CONSTITUTION OF THE 



O (Beers duly 
commissioued, 
how removed. 
Superseded by 
araendmenti-, 
Art. IV. 



Adjutants, etc., 
how appointed. 



Army ofQcers, 
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 l)eing duly notified, according to the laws for 
the time being, then the governor, with advice of council, 
shall appoint suitable persons to fill such oflSces. 

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

The commanding ofiScers of regiments shall appoint 
their adjutants and quartermasters ; the lirigadiers their 
In'igade-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- 
wealth shall appoint, as also all officers of forts and 
garrisons. 

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

XL 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 pulilic 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 o-arrisons ; and the said commanding officer shall ex- 



COMMONWEALTH OF MASSACHUSETTS. 23 

hibit to the governor, -vvhcn required l)y him, true and 
exact plans of such forts, and of the hind 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 l)e after receiving 
the same, all letters, despatches, and intelligences of a 
public nature, which shall be directed to them respectively. 

XHI. As the public good requires that the governor Salary of 
should not be under the undue influence of any of the ^*^^'^°°''' 
members of the general court by a dependence on them 
for his sujjport, that he should in all cases act with free- 
dom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his 
j)rivate concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

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

. , . . . . . tices of supreme 

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



CHAPTER II. 

Section II. 
Lieutenant- Governo?'. 

Article I. There shall be annually elected a lieuten- Lieutenant- 
ant-governor of the commonwealth of Massachusetts, t'iuo''and%uaUfl. 
whose title shall be — His Honor; and who shall be JeJ,","remem of 
qualified, in point of [religion,] property, and residence '/,Jnef'']a^the'* °^ 
in the commonwealth, in the same manner with the gov- christian 
ernor ; and the day and manner of his election, and the abolished by 
qualifications of the electors, shall be the same as are ArtTvii!° *' 
required in the election of a governor. The return of 
the votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall 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 
amendments, 
Art. XIV. 



President 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 
changed to 
eight. 

See amend- 
ments. Art. 
XVI. 



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

Superseded by 
amendments, 
Art.XVL 



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



CHAPTER II. 

Section III. 

Council, and the Manner of settling Elections hij 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 land. 

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



COMMONWEALTH OF MASSACHUSETTS. 25 

in. The councillors, in the civil arrangements of the RauUof 
commonwealth, shall have rank next after the lieutenant- '^"""^'"o"- 
governor. 

IV. [Xot more than two councillors shall be chosen No jistnct to 
out of any one district of this connnon wealth.] IZ''. "'°'" "'''" 

Supcrst'dt'd by aimnidmcnts, Art. XVI. 

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

house of the legislature ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieuten- council to exor. 
ant-governor shall be vacant, by reason of death, absence, o/governoMa 
or otherwise, then the council, or the major part of them, c^=**-'. etc 
shall, during such vacancy, have full power and authority 

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

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

from da}^ to day until the same shall be completed. And g\^'^ergede'd°by 
the order Of elections shall be as follows : the vacancies in amendments, 
the senate, if any, shall first be filled up; the governor xxv.' 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 

Section IV. 

Secretary ^ Treasurer , Commissa^^y , etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] ho^chosen"'^ 
naval officers, shall be chosen annually, by joint ballot of J^^^^jP^fi'^'y^'^f" ^^ 
the senators and representatives in one room. And, that secretary, treas- 

, J . . r" 1 • II 1 1 /• urer, and re 

ttie citizens oi this commonwealth may be assured, irora coiver.gcncrai, 
time to time, that the moneys remaining in the pul)lic attorney-gen*" 
treasury, upon the settlement and liquidation of the pul)- mentriX''"'*" 
lie accounts, are their property, no man shall Ije eligible ^^"- 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for more 
than live euc- 
ceesive jeare. 

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



as treasurer and receiver-general more than rive years suc- 
cessively. 

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

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



Tenure of all 
commissioned 
oflicers to be 
expressed 
Judicial olUcers 
to hold otJico 
during good 
behavior, ex- 
cept, etc. 
But may be 
removeii on 
address. 



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

Justices of the 
peace ; tenure 
of their oUice. 
3 Cush. uS4. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



CHAPTER III. 

JUDICIARY POWER. 

Article I. The tenure, that all commission olEcers 
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 authority to require the 
opinions of the justices of the supreme judicial court, 
upon important questions of law, and upon solemn 
occasions. 

III. In order that the people may not suffer from the 
long continuance in place of any justice of the peace who 
shall fail of discharging the important duties of his office 
wnth al)ility 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 pro1)ato of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require; and the legislature shall, from time 
to time, hereafter, appoint such times and places ; until 
which appointments, the said courts shall be holden at 
the times and places which the respective judges shall 
direct. 



CO^rMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of iiiaiTiase, divorce, and alimony, and Carriage, 

~ , "^ ' divorce, and ali- 

all ap})cais from the jiuliics of })rohatc, shall be heard and mony. 
determined by the governor and council, until the legis- visioni'made 
lature shall, by law, make other provision. io5mI88.327. 

116Maa8.317. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

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



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 

The University. 

Article I. "Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, ^°"®g®' 
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 great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, privi- 
Harvar^ College, in their corporate capacity, and {hl^preski'ent 
their successors in that capacity, their officers and ser- coutkmel*' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immunities, 
and franchises, which they now have, or are entitled to 



28 



CONSTITUTION OF THE 



All gifts, grants, 
etc., confirmed. 



WTio shall be 
overseers. 

See Statutes, 
1851, 224. 
1852,27. 
1859, 212. 
1865, 173. 
1880, 65. 



Power of altera 
lion reserved to 
the legislature. 



have, hold, use, exercise, and enjoy ; and the same are 
hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard Colleo-e, and to their suc- 
cessors, and to their officers and servants, respectively, 
forever. 

II. And whereas there have been at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, hereto- 
fore made, either to Harvard College in 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 the said gifts, grants, devises, legacies, and convey- 
ances, are hereby forever confirmed unto the president 
and fellows of Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

III. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, consti- 
tuted the overseers of Harvard College ; and it ])eing 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and senate 
of this commonwealth, arc, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
to^vIl, Charlestown, Boston, Roxliury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
provided, that nothing herein shall be construed to pre- 
vent the legislature of this commonwealth from making 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done 1)y the legislature of the late Province of 
the Massachusetts Bay. 



COMMONWEALTH OF MASSACHUSETTS. 29 

CHAPTEK V. 

Section II. 
The Encouragement of Literature^ etc. 

"Wisdom and knowledge, as well as virtue, diffused gen- Dutyofie^isia. 
erallv anionir the body of the people, l)ein2: necessary for tures and magis- 
the preservation of their rights and liberties ; and as these future periods. 
depend on spreading the opportunities and advantages of visLiTs as\o^'^°' 
education in the various parts of the country, and among fee^a.nend°°''^' 
the different orders of the people, it shall be the duty of xvnir^"' 
legislatures and magistrates, in all future periods of this ^'^j-^"®"' ^°''' 
commonwealth, to cherish the interests of literature and loaMass. 94, 97. 
the sciences, and all seminaries of them ; especially the 
university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the countrj^ ; to 
countenance and inculcate the principles of humanity and 
general lienevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



CHAPTER YI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- 
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- 
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; 
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- 
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC. 

Article I. [Any person chosen governor, lieutenant- Oaths, etc. 
governor, councillor, senator, or representative, and accept- 
ing the trust, shall, before he proceed to execute the duties 
of his place or office, make and subscribe the following- 
declaration, viz. : 

" I, A. B., do declare, that I believe the Christian reli- ^^^eidmfnta.^^^ 
gion, and have a firm persuasion of its truth ; and that I Art. vn. 
am seisedgind possessed, in my own right, of the property 
required by the constitution, as one cjualification 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- 
ments, Art. VI. 



Oath of office. 



Proviso. 
See amend- 
ments, Art. VI 



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

And every person chosen to either of the places or 
offices aforesaid, as also any person appointed or commis- 
sioned to any judicial, executive, military, or other otfice 
under the government, shall, before he enters on the dis- 
charge of the business of his place or ofiice, take and sub- 
scribe the following declaration, and oaths or affirmations, 
viz. : 

[" I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of ^Nlassachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that no 
foreign prince, person, prelate, state, or potentate, hath, or 
ought to have, any jurisdiction, superiority, pre-eminence, 
authority, dispensing or other power, in any matter, civil, 
ecclesiastical, or spiritual, within this commonwealth, ex- 
cept the authority and power which is or may be vested 
by their constituents in the congress of the United States : 
and I do further testify and declare, that no man or body 
of men hath or can have any right to absolve or discharge 
me from the obligation of this oath, declaration, or affir- 
mation ; and that I do make this acknowledgment, pro- 
fession, testimony, declaration, denial, renunciation, and 
abjuration, heartily and truly, according to the conunon 
meaning and acceptation of the foregoing words, without 
any equivocation, mental evasion, or secret reservation 
Avhatsoever. So help me, God."] 

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

the best of my abilities and understanding, a^-eeably to 
the rules and regulations of the constitution and the laws 
of the commonwealth. So help me, God." 

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



CO:^DIOXWEALTII OF MASSACHUSETTS. 31 

pcoi)le called Quakers, and shall decline taking the said 
oath[s], he shall make, his affirmation in the foregoing 
form, and subscribe the same, omitting the words, [" I do 
su-ear" " and abjure ," " oath o?'," " and abjuration,'' in the 
first oath, and in the second oath, the words] *■' sivear 
and,'' and [in each of them] the words " /So help me, 
God;" subjoining instead thereof, " This I do under the 
pains and, 2^enaUies of per jury ."" 

And the said oaths or "affirmations shall be taken and "i^^l^,^^^^^ 
subscribed by the o-ovcrnor, lieutenant-governor, andcoun- iiowadminis- 
clUors, before the president ot the senate, m the presence 
of the two houses of assembly ; and by the senators and 
representatives first elected under this constitution, before 
the president and live of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
officers aforesaid, before such persons and in such manner 
as from time to time shall be prescribed by the legislature. 

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

No person shall be capable of holding or exercising at f^^fg^^^^saf ' 
the same time, within this state, more than one of the 
following offices, viz. : judge of probate — sheriff — regis- 
ter of i)roI )ate — or register of deeds ; and never more 
than any two offices, wdiich are to beheld by appointment 
of the governor, or the governor and council, or the senate, 
or the house of representatives, or by the election of the 
peo})le 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 })crson. 

No person holding the office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- For further pro- 
general — treasurer or receiver-general — judge of proljate incompatiwe 

— commissary-general — [president , professor, or instruct- _°|Jigudraeni8, 
or of Harvard Colleae] — sheriff' — clerk of the house of Art.vm. ' 

^ .-I . i» 1 1 Oflicers of Har- 

representatives — register ot probate — register ot deeds vard coiiegu 

— clerk of the supreme judicial court — clerk of the infe- amendmonu, 
rior court of common pleas — or officer of the customs, ^rt--5^vn. 
including in this description naval officers — shall at the 



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 



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



Provisions 
respecting 
commissions. 



Provisions re- 
Bpectiug writs. 

2 Pick. "592. 

3 Met. 58. 
13 Gray, 74, 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Mass. 534. 

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



Benefit of 
habeas corpim 
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 
cither 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 propertj^ of the 
persons to be elected to offices, as the circumstances of 
the commonwealth shall require. 

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

V. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the Common- 
wealth of ^Massachusetts ; they shall l)e 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 l)e enjo3'ed in this commonwealth, in the mo.st 
free, easy, cheap, expeditious, and ample manner; and 
shall not be suspende(l ])V the legislature, except upon the 
most urgent and pressing occasions, and for a limited 
time, not exceedinir twelve months. 



COJSDIONWEALTII OF MASSACHUSETTS. 33 

YIII. The enacting style, in making and passing all Thc^enactiug 
acts, statutes, and laws, shall be — " Be it enacted by the 
Senate and House of Eepresentatives in General Court 
assembled, and by the authority of the same." 

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

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall bo appointed in 
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- gmuTk)!.'^^" 
tions which by any means may be made therein, as well p°Jvf^onaf to 
as to form such alterations as from experience shall be amendments, 

, -, , , 1 • 1 1 11 1 • 1 see amend- 

lound necessary, the general court which shall be m the ments, An. ix 
year of our Lord one thousand seven hundred and ninety- 
live, shall issue precepts to the selectmen of the several 
towns, and to the assessors of the unincorporated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the purpose of 
collecting their sentiments on the necessity or expediency 
of revising the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who sutut\ol.'^°"' 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

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



34 



CONSTITUTION OF THE 



Provision for 
preserving and 
piiblisliins; this 
couslilutiou. 



XI. This form of government shall be enrolled on 
parchment, and deposited in the secretary's office, and be 
a part of the laws of the land ; and printed copies thereof 
shall be prefixed to the book containing the laws of this 
commonwealth, in all future editions of the said laws. 



Bill, etc., not 
approved within 
Ave 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. 354. 



Proviso. 

112 Mass. 200. 



Qualifications of 
voters for gov- 
(■ruor, lieuten- 
autgoveruor, 
senators and 
representatives. 
See amend 
ments, Arts. 
XXX. and 

xxxn. 

11 Pick 538,540. 
14 Pick. 341. 
14 Mass 3G7. 
5 Met. 162,298, 
591, 594. 
7 Grey, 299. 
122Ma88.595,,TO7. 
124 Mass. 596. 



AETICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, 
and not approved by the governor; and if the general 
court shall adjourn wnthin 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 1)y 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 inhal)itants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and 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 l)e Avith the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laws, made by such municipal or 
city government, shall be subject, at all times, to be an- 
nulled by the general court. 

Art. hi. 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 



COM.MONWEALTH OF MASSACHUSETTS. 35 

such election, have l)cen assessed upon him, in any town For educational 

,...,. , , ' , , '^ . . qualihcatiou, 

or district ot this coninionwealth ; and also eveiy citizen sieamend- 
\\lu) sliall be, by hiw, exempted from taxation, and who Koi"iMovisio'n'as 
shall he, in all other respects, qualitied as above mentioned,] liave^ferved'^iu 
shall have a riii'ht to vote in such election of o-overnor, t'"---»>:'">'.o'' , 

~ • 1 navy III time or 

lieutenant-governor, senators, and representatives ; and no war. see amend. 
other iierson shall be entitled to vote in such elections. xxvi'ii. and 

-WXl 

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

AuT. IV. Notaries public shall be appointed by the Notaries public, 
governor in the same manner as judicial officers are ap- aud^ removed!'' 
pointed, and shall hold their offices during seven years, 
unless sooner removed hy 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 ul^y Md^Teas!" 
the recess of the general court, the governor, with the tms clause "^'^* 
advice and consent of the council, shall nominate and 8"pe'"8ededby 
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 5?,™™llt^7\o 

CT" ^(rUCi ell luay DC 

require the appointment of a commissary-o-eneral, he shall --ippointed, lu 

CtlSG 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 leais- ^°^'' removed. 
lature may, by law, prescribe. 

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the members of their respective compa- BubaUerus".* '"''^ 
nies, as well those under as those above the age of t^venty- 
one years, shall have a right to vote. 

Art. VI. Instead of the oath of allegiance prescribed ^y^aii' officers^" 
by the constitution, the following oath shall be taken and j^,Tf 9^"*^' 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

"I, A. B., do solemnly swear, that I will bear true 
faith and allegiance to the Commonwealth of Massachu- 
setts, and will support the constitution thereof. So help 
me, God." 

Provided, That when any person shall be of the denomi- Proviso. Qua- 
nation called Quakers, and shall decline taking said oath, ^^ ^ '™' 



36 



CONSTITUTION OF THE 



Tests abolished. 



Incompatibility 
of offices. 

122 Mass. 445, 
600. 

123 Mass. 535. 



Amendments to 
constitution, 
how made. 



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

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

Art. VIII. No judge of any court of this common- 
wealth, (except the court of sessions,) and no person 
holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor 
the attorney-general, solicitor-general, county attorney, 
clerk of any court, sheriff, treasurer, and receiver-general, 
register of 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 oifice under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 

Art. IX. If, at any time hereafter, any specific and 
particular amendment or amendments to the constitution 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
l)e 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- 



CO:\IMONWEALTH OF MASSACHUSETTS. 37 

Rod voters, voting thereon, at meetings legally warned and 
holden for that pnrpose, they shall beeome part of the 
constitution ot this coninionwetilth. 

AiiT. X. The political year shall begin on the fii-^t. ^^jXTcatS 
Wednesday of Januar}^, instead of the last Wednesday of 
^hiy ; and the general court shall assemble every year on 
the said lirst AVednesday 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 Avhich has heretofore commenced on the 
last Wednesday of ]May. And the general court shall be and termination. 
dissolved on the day next preceding the iirst 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 
aovernor. The jrovernor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and uutil 
others are chosen and qualified in their stead. 

TThe meeting for the choice of governor, lieutenant- ^f^etings for the 

L o •1111111 choice or gov- 

governor, senators, and representatives, shall be held on einor.iieuten- 
the second ^Monday of Xovember in every year ; but meet- etc , when to' be 
ings may be adjourned, if necessary, for the choice of This clause - 
representatives, to the next day, and again to the next anlemlmentsf 
succeeding day, but no further. But in case a second ^rt-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 Ije 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 ^J'/^^^'^'^^pg^^^*® 
October, next following the clay when the same shall be tjo"- 
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 lono;er ; and the first 



38 



CONSTITUTION OF THE. 



Inconsistent 

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 
Avholly 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 moralit}", promote the happiness and 
prosperity of a people, and the security of a republican 
government ; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall 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 
bylaw." 

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



COMMONWEALTH OF MASSACHUSETTS. 39 

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

Any town having less than three hundred ratable polls Towns having 
shall be represented thus : The whole number of ratal)le r:rua)ie''poii8, 
l)olls, at the last preceding decennial census of polls, shall j;;;;^' represeut- 
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 f^rllented'"^ 
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 

% J /• • -J 1' ji 1 1 j_ J. unite into repre- 

may, by consent ot a majority ot the legal voters present sentative 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 be taken, form themselves into a rep- 
resentative district to continue until the next decennial 
census of polls, for the election of a representative, or rep- 
resentatives ; and such district shall have all the rights, in 
regard to representation, which would belong to a town 
containing the same number of ratable polls. 

The governor and council shall ascertain and determine. The governor 
w^ithin the months of July and August, in the year of our di't(rm"ine'the 
Lord one thousand eight hundred and thirty-seven, accord- leKen'tativL'^to' 
ing to the foregoing principles, the number of representa- town'^is'^enatied 
tives, which each city, town, and representative district is 
entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then, 
how many years within the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion. 

,1 /", 1 J.I 1 "1 1 ii ment to be made 

years, thereatter, by the governor and council, and the once in every 
number of ratable polls in each decennial census of polls, ^^'^y^^''^- 
shall determine the numl>er of representatives, which each 
city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 



40 CONSTITUTION OF THE 

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 tixed and unalterable 
for the period of ten years. 
provLlont"' All the provisions of the existing constitution incon- 

annuiied. sistcut with the provisious herein contained, are hereby 

wholly annulled.] 
censueofinhab. Art. XIII. [A ccusus of the inhabitants of each city 

itants tobe taken L ptt i i 

iu 1840, and de- and towu, ou the first day ot May, shall be taken, and 

cennially there- ^ i • > j i j^ "■> n' to i i j 

after, for basis rctumed luto the Secretary s otnce, on or beiore the last 
ofjepresenta. ^j^^^ of Junc, of the year one thousand eight hundred and 
MnJus'supeT^- '° foi'^^Jj ^^^ of cvcry tenth year thereafter; which census 
sededbyamend- shall determine the apportionment of senators and repre- 

ments, Arts. • /» i /^ 

xxi.andxxir. scutatives tor the term ot ten years. 122 Mass. 595. 

u-lcfsdecia'J'ed The scvcral senatorial districts now existing sha'U be 
perraauent permanent. The senate shall consist of forty members ; 

Provisions astoi i-iiiiii^ 

senators super- and lu tlie year one thousand eight hundred and forty, 

raents, i.ru''"' and Gvery 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. 

Sn"ativeV,''how The members of the house of representatives shall be 

apportioned. ai^portioncd in the followino^ manner : Every town or city 

Provisions as to it, p , -^ •' 

representatives containing twclvc hundred inhabitants may elect one rep- 
rmendme^nts? reseiitative ; and two thousand four hundred inhabitants 
Art. XXI. shall be the mean increasing number, which shall entitle 

it to an additional representative. 
h™w"ep^°^' Every town containing less than twelve hundred inhab- 

sented. itauts sliall 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. 
w^iTe'TntoMpre. ^^^Y ^^^^ ^r morc of the several towns may, by consent 
Bentative dis- 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. 



CO:\IMONWEALTII OF MASSACHUSETTS. 41 

The imnil)er of inhabitants wl .ch shall entitle a town Basis of repre- 

. ^ , J . • 1,1 • • Mentation, aiici 

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

In the year of each decennial census, the o-overnor and The governor 

"^ ^ , ^ ' o _ and council to 

council shall, before the tirst day ot September, apportion apportion the 

iiumbpr of r6D" 

the number of representatives which each city, town, and resentatives of 
representative district is entitled to elect, and ascertain fu ever7"eu"'^'^ 
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 tirst Wednesday of January, the^peopieat 
or as soon thereafter as may be, by the joint ballot of the provisions as to 
senators and representatives, assembled in one room, who guperg"dedby 
shall, as soon as may be, in like manner, till up any vacan- amendments, 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Qualifications of 
has not been an inhabitant of this commonwealth for the ^^^^" 
term of live 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 ^ul^Jjclftiou^for 
be required as a qualification for holding a seat in either a seat in general 

- , ^ , -" , • 1 j_' •^ court or council 

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

Art. XIV. In all elections of civil officers by the peo- Elections by the 
pie of this commonw'ealth, whose election is provided for pfuramyof "^^ 
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 ernor^and legist 
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- 
lors to be chosen 
by the people. 
122 Mass. 595, 
598. 



Legislature to 
district state. 



Eligibility 
defined. 



Day and manner 
of election, etc. 



Vacancies, how 
filled. 

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



Oi'ganization of 
the government. 



Art. XVI. Eight councillors shall be annually chosen 
hy the inhabitants of this commonwealth, qualitied to vote 
for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
thereafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicaljle, 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 
be the same as are required in the election of governor. 
[Whenever there shall be a failure to elect the full num- 
ber of councillors, the vacancies shall l)e 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 liefore 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 oflicers, 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 ure's^audito?**' 
annually, on the day in November prescribed for the '^enerarby^h* 
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 vacancies, how 

CD nll€Q. 

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 numljer 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 
1)6 filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by api)ointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualitied in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify with. 
offices aforesaid, shall neglect, for the space of ten days othernise ^office 
after he could otherwise enter upon his duties, to qualify vac^a^nt.'^'^'"'^'' 
himself in all respects to enter upon the discharge of such 
duties,, the office to which he has been elected or appointed 
shall ])e deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabit- ^^^"'*' ®" 
ant of this commonwealth five years next preceding his 
election or appointment. 

Art. XYIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of pu])lic schools, and pUeciVrsTcta- 
all moneys which may be appropriated by the state for Forori'g'JniV 
the support of common schools, shall be applied to, and ^choor8°°eT *° 
expended in, no other schools than those which are con- constitution, 

Pirt First Art* 

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



44 



CONSTITUTIOX OF THE 



12 Allen, 500, 

508. 

103 Ma88. 94, 9 



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 in English 
and writing, 
necessary quali- 
tications 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 {iuthoritie.s of the town or city in which the 
money is to he expended ; and such moneys shall never 
1)6 appropriated to any religious sect for the maintenance, 
exclusively, of its own school. 

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sherifts, registers of probate, com- 
missioners of insolvency, and clerks of the courts, by the 
people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

117 Mass. 602, 603. 121 Mass. 65. 

Art. XX. No person shall have the right to vote, or 
be elioible 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 \ iwovided ^ liow- 
evei\ 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 3^ears of age or upwards at the time this amendment 
shall take effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the fir.st 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 fift3'-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 ; 



CO:\LMOXWEALTII OF MASSACHUSETTS. 45 

and it shall he the duty of the socretarv of the common- Secretary shaii 

wealth, to ecrtity, as soon as may be after it is determined authoH°e°i to^" 

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

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 

conimissioners of other counties than Sutfolk, — or in lieu 

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

county commissioners in each county other than Sutfolk,' 

such board of special commissioners in each county, to 

be elected l)y the })eople of the county, or of the towns 

therein, as may for that purpose be provided by law, — 

shall, on the first Tuesday of Auijust next after each Meeting for 

. . "^ , ~ , division to be 

assignment ot representatives to each county, assemble at first Tuesday 
a shire town of their respective counties, and proceed, as Prooeedmgs. 
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 Avard of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one j'ear at least next preceding Qualifications of 
his election, shall have been an inhabitant of the district i2rMa*88!^595r' 
for which he is chosen, and shall cease to represent such ^'■^^* 
district when he shall cease to be an inhabitant of the 
commonw^ealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- 'Je^ribedand 
tion of each, "svith 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 Quorum, see 
hundred members of the house of representatives shall A™t!Vxxiii. 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members.] 

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



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to consist 
of forty mem- 
bers. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXIII. 



Residence of 
two years re- 
quired of natu- 
ralized citizens, 
to entitle to suf- 
frage or make 
eligible to office. 
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 legal voters, ac- 
cording to the enumeration aforesaid : j)'^ovided, however, 
that no town or w^ard of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhal)itant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members.] 

Art. XXIII. [No person of foreign birth shall be en- 
titled to vote, or shall be eligible to office, unless he shall 
have resided within the jurisdiction of the United States 
for two years subsequent to his naturalization, and shall 
be otherwise qualified, according to the constitution and 
laws of this commonwealth : provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, l)orn during the 
temporary absence of the parent therefrom.] 

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

Art. XXV. In case of a vacancy in the council, from 
a failure of election, or other cause, the senate and house 



COMMONWEALTH OF MASSACHUSETTS. 47 

of representatives shall, hy 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 leoislature is not in session, the governor, 
with the advice and consent of the council, may till the 
same by apjiointment of some eligible person. 

AiiT. XX^^I. The twenty-third article of the articles Twenty-third 

/> 1 J. i* ii j.*j_ X' i? J.1 • ij^i article of amend. 

ot amendment ot the constitution ot this commonwealth, ments annulled. 
which is as follows, to wit : " No person of foreign birth 
shall be entitled to vote, or shall be eligilile to office, unless 
he shall have resided within the jurisdiction of the United 
States for two 3'ears subsequent to his naturalization, and 
shall 1)6 otherwise qualified, according to the constitution 
and laws of this commonwealth : pj'ovided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
2^rov ided , ftoiher , that it shall not aliect 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. 

AllT. XXVn. So much of article two of chapter six Provisions of 

of the constitution of this commonwealth as relates to vi., reiating^'o 
persons holding the office of president, professor, or vaiTcoulg^c!" 
instructor of Harvard College, is hereby annulled. annulled. 

AiiT. XXVIII. Xo person having served in the army superseded by 
or navy of the United States in time of war, and having 
been honoral^ly discharged from such service, if otherwise 
qualified to vote, shall be disqualified therefor on account 
of being a pauper ; or, if a pauper, because of the non- 
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 voterB not die- 
elections for governor, lieutenant-governor, senators, and ^^a^son of change 
representatives, shall, by reason of a change of residence untiufx^months 
within the Commonwealth, be disqualified from voting for %°^Jl^f°^ 
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 CONSTITUTIOX OF TPIE 



Amendments 
Alt. XXVIII 



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 

^^"eTin^army XXVIII. No pcrsoii haviug scrvcd in the army or navy 

not"dri'qmUiHed of the United States in time of war, and having been hon- 

fiom voting for orablv discharijed from such service, if otherwise qualified 

non-payment of -^ i 1 1 i t i • > i i c • 

poll tax. to vote, shall be disqualmed thereior on account ot receiv- 

ing or having received aid from any city or town, or 
because of the non-payment of a poll tax. 

rroviBions of Art. XXXII. So much of article three of the Amend- 

amendments, /.i/^ •• c \ * r^ ii 

Alt. III. relative mcuts ot tlic Coiistitutioii ot the Commonwealth as is con- 
t.ax'aslTvotin/ talucd iu the following words : " and who shall have paid, 
aunufied!'°°' hy hiiiiself, or his parent, master, or guardian, any state or 
county tax, which shall, within tw^o 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 men- 
tioned ", is hereby annulled. 
wnTof'lhr^ Art. XXXIII. A majority of the members of each 
general court, braucli of the general court shall constitute a quorum for 

to consist of a • <> i • i i t 

majority of the trausactiou ot business, but a less number may adjourn 
from day to day, and compel the attendance of absent 
members. All the provisions of the existing Constitu- 
tion inconsistent with the provisions herein contained are 
hereby annulled. 



members. 



The constitution of jMassachusetts was agreed upon by delegates 
of the people, in convention, began and held at Cambridge, on the 
fii-st day of September, 1779, and continued by adjournments to tlie 
second day of ]\Iareh, 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 be adopted by them, 
provided two-thirds of the votes given should be in the affirmative. 
When the convention assembled, it was found that the constitution 
had been adopted by the re(]uisite number of votes, and the conven- 
tion accordingly licsolvcd, " That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next ; 
and not before, for any purpose, save only for that of making elections, 



COMMOXWEALTfl OF lAIASSACHUSETTS. 49 

agrooablt^ (o this rcsolntion."" The first legislature assembleil at Bos- 
ton, on the twenty-fifth day of October, 1780. 

The first nine Artieles of Amendment were submitted, by delegates 
in eonvention assembled, November 1.3, 1820, to tiie people, and by 
them ratified and adopted, April 9, 1821. 

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

The eleventh Article was adopted by the legislatures of the jjoliti- 
cal j-ears 1832 and 1833, respectivel}', and was approved and ratified 
by the people November 11, 1833. 

The twelfth Article was adopted by the legislatures of the political 
years 183.3 and 183B, respectively, and was approved and ratified by 
the people the fourteenth day of November, 1836. 

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 1810, respectively, and was approved and ratified 
b}' the people 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 18.55, respeetivel}', and ratified by the people the 
twenty-third day of May, 1855. 

The twentieth, twenty-first, and twent^'-second Articles were 
adopted by the legislatures of the political years 1856 and 1857, 
respectively, and ratified by the people on the first day of May, 1857. 

The twentA'-third Article was adopted by the legislatures of the 
political years 1858 antl 1859, respectively, and ratified by the people 
on the ninth day of May, 1859, and was repealed by the twenty-sixth 
Amendment, 

The twenty-foui-th and twenty-fifth Articles were adopted by the 
legislatures of the political years 1859 and 1860, and I'atified by the 
jjeople on the seventh day of May, 1860. 

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

The twenty-seventh Article was adopted by the legislatures of the 
political years 1876 and 1877, and was approved and ratified by the 
people on the sixth day of November, 1887. 



50 CONSTITUTION OF MASSACHUSETTS. 

The twenty-eighth Article was adopted by the legislatures of the 
jjolitical years 1880 and 1881, and was approved and ratified by the 
people on the eighth day of November, 1881. 

The twenty-ninth Article was adojited by the legislatures of the 
political years 1884 and 1885, and was approved and ratified by the 
l^eople on the third day of November, 1885. 

The thirtieth and thirtj^-first Articles were adoj^ted by the legis- 
latures of the jjolitieal years 1889 and 1890, and were approved and 
ratified by the people on the fourth day of November, 1890. 

The thirty-second and thirty-third Articles were adopted by the 
legislatures of tlie political years 1890 and 1891, and w^ere appi'oved 
and ratified by the people on the third day of November, 1891. 



[A proposed Article of Amendment, prohibiting the manufacture 
and sale of Intoxicating Liquor as a Ijeverage, adopted by the legis- 
latures of the jjolitical years 1888 and 1889, was rejected by the 
people on the twenty-second day of April, 1889.] 



INDEX TO THE CONSTITUTION. 



A. 

Tags 
Address of both houses of the legislature, judicial officers may be 

removed by governor with consent of council upon, . 26 

Adjutant-general, appointed by the governor, 22 

Adjutants, to be appointed by commanding officers of regiments, . 22 
Affirmations, instead of the required oaths, may be made by Quakers, 30, 31 , 35 

Agriculture, arts, commerce, etc., to be encouraged 29 

Alimony, divorce, etc., 27 

Amendment to the constitution, proposed in the general court, 
agi'eed to by a majority of senators and two-thirds of 
liouse present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court; if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 36, 37 

Apportionment of councillors, ....... 2i, 41, 42 

state to be divided into eight districts, 42 

Apportionment of senators, 13, 40, 46 

on basis of legal voters, and state to be divided into foi'tj^ 

districts, 46 

Apportionment of representatives, ...... 16, 39, 40, 44 

to the several counties, made on the basis of legal voters, . 44 
Armies, dangerous to libei'ty, and not to be maintained without con- 
sent of the legislature, 8 

Arms, right of people to keep and to bear, for public defence, . 8 
Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attend- 
ing the genei'al assembly, 18 

Arrest, search and seizure, right of, regulated, 7 

Avari'ant to contain special designation, 7 

Attorney-general, to be chosen by the people annually in November, 21, 43 
to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 43 
election determined by legislature, ...... 43 

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

votes at November election, 43 

51 



52 INDEX TO THE CONSTITUTION. 



Page 



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

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

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

next preceding election or appointment, .... 43 

ofiice to be deemed vacant if person elected ©r 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 j'ear from third "Wednesday in Januaiy 

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

election determined 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 by governor in writing, to be returned to 
brancli in which originated, and ma}'^ be passed by two- 
thirds of each branch present and voting thereon hj j-eas 

and nays, 10 

if not returned l)y governor Avithin five days after i^resenta- 
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 : Tlie Commonwealth of Massachusetts, ... 10 
Briber}^ 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 chartered bj- the general court, if containing twelve 
thousand inhabitants and consented to by a majority 

thereof, 34 

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

elected by a plurality of votes, 41 

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

force, 32 

Commander-in-chief, governor to be, 20 

Commerce, agriculture and the arts, to be encoui'agcd, ... 29 
Commissarj^-general, appointed and commissioned as tixed by law, . 25, 35 
Commission officers, tenure of oftice to be expressed in commissions, 26 
Commissioners of insolvencj', elected by the people of the several 

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

Commissions, to be in the name of the Commonwealth, signed b\' 
governor, attested by the secretarj^ and have the great 

seal affixed, 32 

Congress, 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 Aoting thereon by yeas and nays; entered 
upon the journals of both houses, and refeiTed to the next 
general court; if the next general court agrees to the 
proposition in the same maimer and to the same efi'ect, it 
shall be submitted to the people, and, if approved by them 
by a majority vote, becomes a part of the constitution, . 36, 37 
Constitution, provisions for revising, ....... 33, 36 

to be enrolled on parchment, deposited in secretary's office, 

and printed in all additions of the laws, .... 34 

Coroners, 21 

Corruption or bribery used in procuring any appointment or elec- 
tion, to disqualify from holding any office of trust, etc., 32 

Council, five members to constitute a quorum, 24 

eight councillors to be elected annually, . . . . .24,42 
election to be determined by rule required in that of gover- 
nor, 42 

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

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

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

by the members present, 25 

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

and lieutenant-governor is vacant, ..... 25 



54 INDEX TO THE CONSTITUTION. 

Page 
Council, no property qnalilication required, ..... 41 

eight districts to l)e formed, eacli composed of live contiguous 

senatorial districts, ........ 42 

eligible to election if an iuliabitant of state for live years pre- 
ceding election, 42 

term of office, .......... 37 

vacancy to be tilled by election of a resident of the district by 
concurrent vote of the senate and house; if legislature is 
not in session, to be tilled 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 ofl'ences, prosecutions for, regulated, .... 7 

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

D. 

Debate, freedom of, in the legislature 8 

Declaration of the rights of the inhabitants 4 

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

Delegates to congress, 27 

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

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

senatorial districts, ........ 42 

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

several counties, . . . . . . . . . 39, 45 

Divorce, alimony, etc., 27 

E. 

Educational interests to be cherished 29 

Elections ought to be free, 6 

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



INDEX TO THE CONSTITUTION. 55 

Page 
Election of civil officers, mcetiuif to be lield annnally on the first 

Tuesda.v next after tlie tii",st Monday in November, . . 41 
in case of failure to elect representative, meeting to be held 

on fourth Monday in November, ..... 41 

Election returns, 13, 42 

Enacting style of laws, established, 33 

Equality and natural rights of all men, .' 4 

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

Ex. post facto laws, declared unjust and oppressive, .... 9 

F. 

Felony and treason, no subject to be declared guilty of, l)y the legis- 
lature, ........... 9 

Fines, excessive, not to be imposed, ....... 9 

Frame of government, .......... 10 

Freedom of speech and debate in the legislature, .... 8 

Freehold, possession of, not reciulred as qualification for seat in the 

general court or council, 41 

Fundamental principles of the constitution, afreciuent recurrence to, 

recommended, 8 

G. 

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

for making laws, 8 

freedom of speech and debate in 8 

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

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other . ... 10 
to assemble every year on tlie first Wednesday of January, at 
such other times as tlicy shall judge necessary, and when- 
ever called by the governor with the advice of council, 10, 19, 37 
may constitute and erect judicatories and courts, . . . 11 
may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, 11 

may provide for the election or appointment of officers, aud 

prescribe their duties, 11 

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

daj' of January, 20, 37 

travelling expenses of members, ...... 16 

may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, 19 

session may be directed by governor, witli advice of council, 
to be held in other than the usual place in case of an infec- 
tious distemper prevailing, 19, 20 



56 INDEX TO THE CONSTITUTION. 

Page 
General court, judicial officers may be I'emoved upon address of, . 26 
person convicted of briberjs 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 

liouses disagree, etc., 20 

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

empowered to charter cities, ....... 3-1 

to determine election of governor, lieutenant-governor and 

councillors, 41, 42 

to prescribe bylaw for election of slierifls, registers of probate 
and commissioners of insolvency l)y tlie people of tlie 
counties, and district attorneys by tlie people of tlie 

districts, 44 

quorum, to consist of a majority of members, .... 48 

Government, objects of, . . . . . . . . 3, 5, 6 

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

state, ........... 5 

Governor, tlie supi'eme executive magistrate, styled, — The Gover- 
nor of the Commonwealth of Massachusetts ; Avitli the 
title of, — His Excellency ; elected annually, . . . 18 
qualifications, — to have been an inhabitant of the state for 

seven years, and have freehold of £1,000 value, . . 18, 35 
term of office, .......... 37 

should have an honorable stated salarj% 23 

the commander-in-chief, of the army and navy, but ma}' not 

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

to appoint tlie adjutant-general, 22 

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

not to hold certain other offices, 31 

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

to sign all commissions, 32 

election determined by the legislature, 42, 43 

veto power, 10 

vacancy in office of, powers to be exercised by the lieutenant- 
governor, .......... 24 

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

with advice of council, may adjourn or prorogue tlie legisla- 
ture upon request, and convene the same, .... 19 

may adjourn or prorogue the legislature for not exceeding 
ninety days wlien houses disagree, or may direct session 
to be held in otlier than tlie 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 tlio continental army, ... 22 
may pardon ofl'ences, but not before conviction, ... 21 
may fill vacancy in council occurring wlicu legislature is not 

in session, 47 

with consent of council, raaj' remove judicial officers, upon 

the address of butli houses of the legislature, ... 26 
Governor and council, to examine election retinnis, . . . . 14, 42 
may punish persons guilty of disrespect, etc., b}^ imprison- 
ment not exceeding thirty days, 17,18 

quorum to consist of governor and at least five members of 

the council, 19 

maj^ require the attendance of the secretary of the common- 
wealth in person or by deputj-, 26 



H. 

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

upon most urgent occasions, 32 

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

board of overseers established, but the government of the 

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

oflicers may be elected memljei's of the general court, . . 47 

Hereditary offices and inuvileges, absurd and unnatural, . . . 5, 6 

House of Representatives, members may be instructed by the peoi)le, 8 

a representation of the people annually elected and founded 

upon the principle of equality, 16 

may impose fines upon towns not choosing members, . . 16 
expense of travel once every session each way, to ha paitl bj^ 

the government, . . . . . . . . . 16 

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

large upon records, 10 

qualifications of membei's, 1", 41, 45 

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

members not to be arrested on mesne process during going to, 

return from, or attending the general assembly, . . 18 

the grand inquest of the commonwealth, 17 

to originate all money bills, but the senate may propose or 

concur Avith amendments, ....... 17 

not to adjourn more than two days at a time, .... 17 

quorum of, 1', 45, 48 

to choose officers, establish its rules, etc., .... 17 
may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, etc. ; trial may be by committee, 17, 18 



58 INDEX TO THE CONSTITUTION. 

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

may require tlie attendance of secretary of tlie commonwealth 

in person or by deputj% 26 

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

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

fli'st Monday of November, 41 

in case of failure to elect, meethig 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 mto districts, to be certi- 
fied to by the secretary, the number of representatives to 
which the count}' is entitled, 45 

I. 

Impeachments, bj' the house of representatives, to be tried by the 
senate ; limitation of sentence ; party convicted liable to 

indictment, 15, 16 

Incompatible offices, 31, 36 

" Inhabitant," the word detined, 13 

Inhabitants, census to be taken in 18G5, and everj^ tenth j-ear tliere- 

after, 38, 40, 44, 45 

Insolvency, commissioners of, elected 1)y the people of the several 

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

Instruction of representatives, 8 

J. 

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

standing laws, 9, 23, 26 

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

legislature, 26 

not to hold certain other offices, 31 

Judicatories and courts, may be established by the general court, . 11 

may administer oaths or affirmations, 11 

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



INDEX TO THE CONSTITUTION. 59 



Judicial otlicers, appointed l\v the ijovcrnor with consent of coun- 
cil ; nominations to be made seven daj'S prior to appoint- 
ment, .21 

to hold office during good behavior, except wlien otherwise 

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

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

of both houses of tlie legishiture, 26 

Jury, trial by, right secured, 7 

Justices of the peace, commissions to expire in seven years from 

date of appointment, but may be renewed, ... 26 

L. 

Law-martial, onlj' those emploj-ed in the army and navy, and the 
militia in actual service, subject 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 pi'ovince, 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 CouW;). 

Liberty of the press, essential to the security of freedom, . . 8 
Lieutenant-governor, to be annually elected in November, — title of, 
His Honor ; who shall be qualiffed in propertj' and resi- 
dence same as governor, 23, 37, 41 

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

vacant, 24 

to take oath of office before president of 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 encouraged, 29 

M. 

Magistrates and officers, accountable to the people, .... 5 
Magistrates and courts, not to demand excessive bail, impose exces- 
sive flues, or inflict cruel punishments, .... 9 
Major-generals, elected by senate and house of representatives by 

concurrent vote, 21 

may appoint their aids, 22 



60 INDEX TO THE CONSTITUTION. 

Page 

MaiTiage, divorce and alimony, .27 

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

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

Militarj' power, subordinate to civil authoritj^ ..... 8 

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

limits of the state, ........ 21 

captains and subalterns, elected bj' the train-bands, . . . 21, 35 

all members of companies may vote, mcluding minors, . . 35 

field officers, elected by captains and subalterns, . . . . 21 

brigadiers, elected by field officers, 21 

major-generals, elected by senate and house of representatives 

by concurrent vote, 21 

mode of election of officers to be fixed by standing laws, . 21 
if electors refuse to elect, governor with advice of council 

may appoint officers, ........ 22 

officers commissioned to command may be removed as may 

be prescribed by law, 22, 35 

appointment of stafl' officer's, ....... 22 

organization ; divisions, brigades, regiments and companies, . 22 

Money, issued from treasury by warrant of governor, etc., . . 22 
mentioned in the constitution, to be computed in silver at six 

shUlings and eightpence per ounce, 32 

Money bills, to originate in house of representatives, ... 17 
Moneys, raised or appropriated for public or common schools, not 

to be applied for support of sectarian schools, ... 43 

Moral obligations of lawgivers and magistrates, .... 8 

Moral qualifications for office, 8 

]sr. 

Notaries public, to be appointed by governor with advice of council, 25, 35 
may be removed by goA-ei-nor 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 a-U civil aud 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 
Oflice, all persons having- the prescril)cd qualifications equally eli- 
gible to, a 

no person eligible to, unless they can read and write, . . H 
Otlices, plurality of, prohibited to governor, lieutenant-governor and 

judges, 31, 3G 

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, 33 

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. 

Pai'don of offences, governor with advice of council maj^ grant, but 

not before conviction, 21 

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

have a right to keep and to bear arms for the public defence, 8 
have a right to assemble to consult upon the common good, 
to instruct their representatives, and to petition legisla- 
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, ....... 1-1 

Plurality of offices, 31 

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, G 

Probate courts, provisions for holding, 26 

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

judges may not hold certain other offices, ... 36 

Property qualification, may be increased by the legislature, . . 32 

partially abolished, 41 

Prosecutions for crimes and offences regulated, 7 



62 INDEX TO THE CONSTITUTION. 

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

force, 32 

Public boards and certain officers to make quarterly reports to the 

governor, .......... 22 

Public officers, right of people to secure rotation, .... 6 

all persons having the prescribed qualitlcations equallj' eli- 
gible, 6 

Public notary (see Notary public). 

Public religious worship, right and duty of, 4 

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



Q. 



Qualiers, may make affirmation, 31,35 

Qualification of persons to he elected to office may be increased by 

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, 4G 

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, ......... 19, 24, 42 

of senate, IG, 46, 48 

of house of representatives, 17, 45, 48 

K. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, 44 

Records of the commonwealtli to be kept in the office of the secre- 
tary, 26 

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

signed by members present, 25 

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

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

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, pulilic, riglit and duty of, and protection therein, 4 

support of tlio niinistrj', anil erection and repair of houses of 

worsiiip, . . . . . . . . , 4, 5, 38 

Remedies by recourse to tlu; law, to l)e 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 provitled for in the year 1795, ... 33 
Rights, declaration of, 4 

s. 

Sailors and soldiers, who have served, etc., during time of war, not 
disquallHed from voting on account of non-payment of 
poll tax, .......... 48 

Salary, a stated and honoral)le salary to l)e estalilished for the gov- 
ernor, 23 

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

if not sufficient, 9,23 

School moneys, not to be appropriated for sectarian schools, . . 44 
Seal, great, of the commonwealtli to 1)e affixed to all commissions, . 82 
Search, seizure and arrest, right of, regulated, ..... 7 

Secretary of the commonwealth, to be chosen Ijy the people annually 

in November, . . . • 25, 43 

to hold office for one year from thiril Wednesday in January 

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

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

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

vacancy occurring during session of the legislature, filled ))y 

joint ballot of the legislature from the people at lai'ge, . 43 

vacancy occurring when legislature is not in session, to be filled 
I)y governor, by appointment, with advice and consent of 
council, 35, 43 

not eligible, unless an inhal)itant 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 , . . . 2G 

may appoint deputies, for whose conduct he shall be account- 
able, 2C 

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

by deputies, as they shall require, 2G 

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 



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, assei'ted, 5 

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

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

to be chosen annualty, 13 

governor and at least five councillors, to examine and count 

votes, and issue summonses to members, .... 14 

to I)e final judges of elections, returns and qualifications of 

their own members, ........ 14 

A-acancy to be filled b}' election, by people of the district, upon 

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

qualifications of a senator, 15, 41 

not to adjourn more than two days at a time, .... 15 
to choose its officers and establish rules, ..... 15 

shall trj^ all impeachments, 15, 17 

quorum of, . . . . , . . . . .16, 46, 48 
may punish for certain oftences ; trial may be Ij}' committee, . 18 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, 26 

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

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

resolve, at large on records, 10 

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

contain, as near as may be, an equal number of voters, • 46 
apportionment based upon legal voters, ..... 46 
Sherifls, elected l)y the people of the several counties, . . .21, 44 
Silver, value of money mentioned in the constitution to be computed 

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

consent of OAvner, 9 

Soldiers and sailors, Avho have serA'ed in time of Avar, 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 Avith- 

out consent of the legislature, ...... 8 

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

standing hxAvs, and to hold oftice during good behavior, . 9, 23 
to give opinions ui)on important questions of law, etc., Avheu 
required by either branch of the legislature or by the gov- 
ernor and council, 26 

not to hold certain other ofiices, 31, 36 

Sureties of bail, excessive, not to be reciuii'ed 9 



INDEX TO THE CONSTITUTION. 65 



T. 

Page 

Taxation should ])e founded on consent, 6, 8 

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

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

may he imposed by tlie lei^islature, ...... 12 

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

years, 12 

Tenure that all commission officers shall by law liave 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-iiovernor to be, — His Honor, .... 23 
Town clerk, to make record and return of elections, . . . . 13 
Town meetings, selectmen to preside at, ...... 13 

Town representation in the legislature, I G, 39, 40 

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

Travelling expenses of members, to general assembly and returning 
liome, once in every session, to he paid by the govern- 
ment, 16 

Treason and felony, no subject to l^e declared guilty of, by the 

legislature, 9 

Treasurer and receiver-general, to be chosen by the people annually 

in November, 25, 2G, 43 

to hold office for one year from thirtl Wednesday in January 

next thereafter and until another is chosen and (lualitied, . 43 
mamier of election, etc., same as governor, .... 43 

not eligible, unless an inhabitant of the state for tive j'ears 

next preceding election or appointment, .... 43 

no man eligible more than live years successively, . . . 25, 26 
in failure of election by voters, or in case of decease of person 
elected, vacancy to be tilled by joint ballot of legislature 
from the two persons having the highest number of votes 
at November election, ....... 43 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 43 
vacancy occurring when legislature is not in session, to be 
filled by governor, by appointment, Avith advice and con- 
sent of the council, 35, 43 

office to be deemed A'acant if person elected or appointed fails 

to be qualified within ten days, ...... 43 

Treasury, no moneys to be issued from, l)ut upon the warrant of 

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

guaranteed in criminal cases, except in army and navj', . . 7 



66 INDEX TO THE CONSTITUTION. 

U. 

Page 
Universitj^ at Cambridge, 27, 28, 47 

Y. 

Vacancy in office of governor, powers to be exercised bj' lieutenant- 
governor, .......... 24 

Vacancy' in oflices of governor and lieutenant-governor, powers to 

1)6 exercised by the council, ....... 25 

Vacancy in the council, to be filled bj'^ the election of ai'esident of the 
district b}' concurrent vote of the senate and liouse ; if 
legislature is not in session, to be filled bj' governor with 
advice of the council, ....... 42, 47 

Vacancy iu tlie senate to be filled bj' election bj' 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 o? person elected, or failure to 
elect, filled bj^ joint ballot of legislature from the two 
persons having highest number of votes at November 

election, 43 

occurring during session of legislature, filled l)y joint l^allot 

of legislature from people at large, ..... 43 
occurring when legislature is not iu session, ta l)e filled by 

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

neglect or refuse to make election, 21,22 

Valuation of estates, to be tal^cn anew once in every ten years- at 

least, 12 

Veto power of the governor, ........ 10 

Voters, qualifications of, at elections for governor, lieutenant-gover- 
nor, senators and representatives, . 13, 17, 34, 44, 4G, 47, 48 
uot 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 ha^-e resided iu 
the state one year, and within tlie town or district six 
montlis, who liave paid a state or count}' tax witliin two 
years next preceding tlie election of state ofticers, and 
such as are exempted bj^ law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution in the English langiiage, . . 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 18(;5, and every tenth year after, 44, 46 

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

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

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 67 

W. 

Page 
AVorship, public, the ri.iiht and duty of all men, .... 4 

AVrit of liabeas corpus, to be cujoj^ed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by 
legislature, except for a limited time, ... o 32 

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

by the clerk, 32 

Writing and reading, necessary qualifications for voting, or holding 

office, 44 

Y. 

Year, political, begins on the first Wednesday of January, . . 37 



ACTS A'ND RESOLVES 



MASSACHUSETTS. 



1892. 



^^ The General Court of 1892 assembled on Wednesday, the sixth 
day of January. The oaths of office were taken and subscribed by His 
Excellency William E. Eussell, and His Honor William H. Haile, on 
Thursday, the seventh day of January, in the presence of the two Houses 
assembled in convention. 



iCTS. 



X 



An Act making appropriations for the compensation and nhnn 1 

MILEAGE OF TtlE MEMBERS OF THE LEGISLATURE, FOR THE COM- 
PENSATION OF OFFICERS THEREOF, AND FOB EXPENSES IN CON- 
NECTION THEREWITH. 

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

Section 1. The sums hereinafter mentioned are appro- Appropiiauone. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for tlie purposes 
specitied, to wit : — 

For the compensation of senators, thirty thousand seven senators, com- 
hundred and tifty doiUirs. . pensauon. 

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

For the com))ensation of representatives, one hundred Reprcspnta- 
and eighty thousand seven hundred and ntty dollars. tjon. 

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

For the compensation of the chaplains of the senate and chapiaius. 
house of representatives, three hundred dollai's each. 

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

For the compensation of the assistant doorkeepers. Postmaster, 
postmaster, messengers and pages to the senate and house pag^es,"ltc?' 
of representatives, a sum not exceeding twenty-four thou- 
sand one hundred dollars. 

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

For the payment of postage and expressage on docu- Postage, etc., on 
ments sent to members of the general court, to include to member/.*' 
expenses incurred in packing the same, a sum not exceed- 
in<r fifteen hundred dollars. 



Acts, 1892. — Chap. 2. 



Witnesses he- 
fore committees, 



Expenses of 
committees. 



For expenses of summoning witnesses before committees, 
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 eifect upon its passage. 

Approved February 2, 1S92. 



QllCLl). 2 An Act making appropriations for the maintenance of the 

JUDICIAL department OF THE GOVERNMENT DURING THE PRESENT 
TEAR. 

5e it enacted, etc. , as folloics : 
Appropriations. Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specitied, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-two, to wit : — 



Supreme judi- 
cial court, 
chief justice. 

Associate jus- 
tices. 

Clerk. 



Clerical assist- 
auce. 



Expenses. 



Reporter of de- 
cisions. 



Officers and 
messenger. 



Clerk for Suf- 
folk. 



SUPREME JUDICIAL COURT. 

For travelling expenses of the chief justice of the 
supreme judicial court, five hundred dollars. 

For travelling expenses of the associate justices of the 
su]>reme judicial court, three thousand dollars. 

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

For clerical assistance to the justices of the supreme 
judicial court, a sum not exceeding twenty-five hundred 
dolhn-s. 

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

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

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

For the salary of the clerk of the supreme judicial court 
for the county of Suffolk, fifteen hundred dolhu's. 



Acts, 1892. — Chap. 2. 



SUPERIOR COURT. 

For the salaiy and travelling expenses of the chief fj^'/^f'^^J^f "J^"^'' 
justice of the superior court, six thousand doUars. 

For the salaries and travelling expenses of the thirteen Associate jus- 
associate justices of the superior court, seventy-one thou- 
sand tive hundred dollars. 

For the salary of the ex-chief iustice of the superior Exchief justice, 

- retired 

court, now retired, twenty-seven hundred and tifty dollars. 

COURTS OF PROBATE AND INSOLVENCY. 

For the salary of the judge of probate and insolvency Judge of pro. 
for the county of Sutiblk, live thousand dollars. veu'cy^silffo'ik. 

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

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

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

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

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

For the salary of the judge of pro1)ate 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 Frankiin. 
for the county of Franklin, fourteen hundred dollars. 

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

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

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

For the salar}^ of the register of probate and insolvency Register,— 
for the county of Suflblk, three thousand dollars. 

For the salary of the register of probate and insolvency Middlesex. 
for the county of Middlesex, twenty-two hundred doUara. 



6 



Acts, 1892. — Chap. 2. 



Essex. 

Korfolk. 

Bristol. 

Plymouth. 

Hampden. 

Hampshire. 

Berkshire. 

Franklin. 

Barnstable. 

Nantucket. 

Dukes County. 



Assistant regis- 
ter, — ijuffolii. 



Middlesex. 



Worcester. 



Esses. 



Norfolk. 



Clerk,- Suf- 

toik. 



Clerical assist- 
ance, — buffolk. 



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 Hampshire, fourteen 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 Franklin, fourteen hundred dollars. 

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

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

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

For the salary of the assistant register of probate and 
insolvenc}' for the county of Suflblk, twenty-eight hundred 
dollars. 

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

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

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

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

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

For extra clerical assistance to the register of probate 
and insolvency for the county of Suftblk, fifteen hundred 
dul.ars. 



Acts, 1892. — Chap. 2. 7 

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

For extra clerical assistance to the register of probate Essex. 
and insolvency for the county of Essex, a sura 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 tiles and records in 
his ofhce, 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 tiles and records in his 
office, a sum not exceeding one hundred and fifty dollars. 

For extra clerical assistance to the courts of probate Extra clerical 

1 • I • ii 1 ^' /• j_i /-^ assistance iu the 

and insolvency m the several counties ot the Common- several counties. 
wealth, excepting Suffolk county, a sum not exceeding 
sixty-four hundred and sixty-six dollars and sixty-six 
cents. 

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 dis- District attor. 
trict, five thousand dollars. i"^y.— 

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

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

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

For the salary of the district attorney for the northern District attor- 
district, twenty-four hundred dollars. disuiTt""'^''^'"^" 

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

For the salary of the district attorney for the south- southeastern 
eastern district, twenty-one hundred dollars. 



8 



Acts, 1892. — Chaps. 3, 4. 



Southern dis- 
trict. 



Middle district. 



Wostern dis- 
trict. 



Northwestern 
district. 



City of Salem 
luiiy issuebonds. 



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

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

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

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

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

Apxtroved February 9, 1892. 

CJlQp. 3 An Act to authorize the city of salem to issue bonds, notes 
or scrip, for the purpose op paying or refunding its 
indebtedness. 

Be it enacted, etc., as follotvs: 

Section 1. The city of Salem, for the purpose of 
paying or refunding any indebtedness already incurred or 
authorized by said city, including any of its water debt 
or of its other debts now outstanding, and including also 
any notes of said city given by it to the commissioners or 
trustees of its sinking funds, may from time to time issue 
bonds, notes or scrip to an amount not exceeding one 
hundred thousand dollars, payable in periods not exceed- 
ing thirty years from the date of issue, and bearing interest 
at rates not exceeding five per centum per annum ; but 
the provisions of chapter twenty-nine of the public statutes, 
of chapter one hundred and twenty-nine of the acts of the 
year eighteen hundred and eighty-four, and of chapter 
three hundred and twelve of the acts of the year eighteen 
hundred and eighty-five, shall in all other respects apply 
to the issue of said bonds, notes or scrip, and to the estab- 
lishment of a sinking fund or annual proportionate pay- 
ments for the payment thereof at maturity. 

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

Approved February 9, 1892. 

An Act making appropriations for printing and binding pub- 
lic DOCUMENTS, PURCHASE OF PAPER, PUBLISHING LAWS, AND 
PREPARING TABLES AND INDEXES RELATING TO THE STATUTES. 

Be it enacted, etc., as follows : 

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 3^ear ending on the 



Chap. 4z 



Appropriations, 



Acts, 1892. — Chap. 4. 9 

thirty-fii'st duy of December in the year eighteen hundred 
and ninety-two, to wit : — 

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

For printing the pamphlet edition of the acts and resolves Pamphlet edi- 
of the present year, for distribution in the Commonwealth, resolved, 
a sum not exceeding twenty-five hundred dollars. 

For printing and binding the blue book edition of the i^Jpei^ook 

I O O . editiou of acts 

acts and resolves of the present year, with the governor's and resolves. 
message and other matters in the usual form, a sum not 
exceeding live thousand dollars. 

For the newspaper pul)lication of the general laws, and nJiiuo'ifof'^iaws^ 
all information intended for the public, a sum not exceed- ^^'=- 
ing five hundred dollars. 

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

For reports of decisions of the supreme judicial court Reports dis- 
to be furnished to each newly incorporated town by the towns!' ^" 
secretar}' of the Commonwealth, a sum not exceeding five 
hundred dollars. 

For assessors' books and blanks furnished cities and bo^otsTud 
towns by the secretary of the Commonwealth, a sum not I'l^n'^s- 
exceeding twelve hundred dollars. 

For registration books and blanks, indexing returns and Registration. 
editing registration report, a sum not exceeding forty-five 
hundred dollars. 

For the purchase of paper for the Commonwealth, used ^^ll\\J°^ ^^^^^ 
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 printing and distributing ballots at the public Printinganddis- 
expense, cast in elections for national, state, district and lots"^'"^ '^''^" 
county officers in the cities and towns in the Common- 
wealth, a sum not exceeding fifteen thousand dollars. 

For repairs, improvements in and inspection of ballot Baiiot boxes, 

1 . '■ , ^ . f. , I • • T . blanks, laws 

boxes in the possession oi the several cities and towns in and instructions 
the Commonwealth, a sum not exceeding two thousand 
dollai's , for blank forms for town officers, and for laws 
and instructions on all matters relating to elections, to be 
provided by the secretary of the Commonwealth, a sum 
not exceeding tw^o thousand dollars. 

For providing election officers at each polling place in the Blank forms, 
Commonwealth with blank forms and suitable apparatus Im ' 



for election 
cers. 



10 



Acts, 1892. — Chap. 5. 



Early acts and 
resolves. 



Printing and 
biuding ordered 
by the legisla- 
ture. 



Tables and in- 
dexes relating 
10 the statutes. 



for the count and canvass of the votes cast at each state, 
city and town election, a sum not exceeding live thousand 
dolhirs. 

For collating, indexing and publishing, in a style simi- 
lar to that in which the blue books, so-called, are now 
published, all the acts and resolves of the general court 
from the adoption of the constitution to the year eighteen 
hundred 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 the preparation of tables and indexes relating to the 
statutes of the present and previous years, under the direc- 
tion of the governor, a sum not exceeding five hundred 
dollars. 

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

Approved February 9, 1892. 

Chap. 5 An Act making appropkiations for sundry agricultural 

EXPENSES. 

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

For bounties to agricultural societies, twenty-one thou- 
sand five hundred dollars. 

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

For incidental expenses of the state board of agriculture, 
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 
trustees of the Massachusetts agricultural college, a sum 
not exceeding five hundred dollars. 

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



Appropriations. 



Bounties to soci 

eties. 

State board of 
agriculture, — 
expenses of 
rueuibers. 

Incidental ex- 
penses. 

Expenses of sec- 
retary. 



Trustees of agri. 
cultural college. 



Farmers' insti- 
tutes. 



Acts, 1892. — Chap. G. 11 

For assistants, experts, chemists, agents, and other state dairy 
necessary expenses of the state dairy bureau, a sum not 
exceeding four thousand dollars. 

For i)urchasing nails or spii^es to be driren into certain Trees on pubUe 
trees designated by the authorities of cities and towns, '^''^^''^>''- 
for the purpose of preserving ornamental and shade trees 
on public highways, a sum not exceeding one hundred 
dollars. 

For the purpose of exterminating contagious diseases contagious 
among horses, cattle and other animals, a sum not exceed- auiiuau.' 
ino; Hve thousand dollars. 

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

Approved February 9, 1892. 

An Act making appropriations for incidental and contin- nhny) Q 

GENT expenses OF THE LEGISLATIVE AND EXECUTIVE DEPART- 
MENTS OF THE COMMONVTEALTH. 

Be it enacted, etc., as folloios: 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary rev^enue, 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-two, to wit : — 

LEGISLATIVE DEPARTMENT. 

For stationery for the senate, purchased by the clerk senate, station- 
of the senate, a sum not exceeding nine hundred dollars. '^^^' 

For stationery for the house of representatives, pur- House of repre- 
chased by the clerk of the house of representatives, a sum tiXery."*' ""'' 
not exceedinoj sixteen hundred dollars. 

For books, stationery, postage, printing and adver- sergeantat- 
tising ordered by the sergeant-at-arms, a sum not ex- ^j:^*'-«'''''0"- 
ceeding six hundred dollars. 

For incidental and contingent expenses of the sergeant- incidental ex- 
at-arms, a sum not exceeding three hundred dollars. p*^"^'-'-*- 



EXECUTIVE DEPARTMENT. 

For contingent expenses of the executive department, Executive de- 
the sum of three thousand dollars. pens'es''." ' 

For postage, printing and stationery for the executive Postage, print- 
department, a sum not exceeding eight hundred dollars. ^"^' ''^''' 



12 



Acts, 1892. — Chap. 6. 



Governor and 
council. 



Executive coun- 



Secretary of the 
Commouwealtti. 



Treasurer and 
receiver- gen- 
eral. 



Auditor of the 
Common wealth. 



Attorney-gen- 
eral. 



For contingent expenses of the governor and council, 
a sum not exceeding two thousand dolhirs. 

For postage, printing and stationery for the executive 
council, a sum not exceeding five hundred dollars. 

For incidental and contingent expenses in the depart- 
ment of the secretary of the Commonwealth, a sum not 
exceeding thirty-five hundred dollars. 

For incidental and contingent expenses in the depart- 
ment of the treasurer and receiver-general, a sum not 
exceeding thirty-two hundred and fifty dollars. 

For incidental and contingent expenses in the depart- 
ment of the auditor of the Commonwealth, a sum not 
exceeding one thousand dollars. 

For books, stationery, postage, printing and other 
necessary expenses in the department of the attorney- 
general, a sum not exceeding twenty-two hundred dollars ; 
and for expenses of civil actions, a sum not exceeding 
eiofht hundred dollars. 



State house, — 
repairs, etc. 

Fuel and lights. 



Commonwealth 
building. 



No. 13 Beacon 
street, — rent. 



Furniture and 
repairs. 



Elevators at 
slate house. 



STATE HOUSE EXPENSES, ETC. 

For repairs, improvements and furniture at the state 
house, a sum not exceeding ten thousand dollars. 

For fuel and lights for the state house, a sum not 
exceedino; six thousand dollars. 

For repairs, improvements, furniture and other neces- 
sary expenses at the Commonwealth building, a sum not 
exceeding five thousand dollars. 

For rent of house numbered thirteen Beacon street, for 
use of certain commissions of the Commonwealth, a sum 
not exceeding fifty-seven hundred dollars. 

For such repairs as may be necessary, for furniture and 
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 the compensation of the men employed to run the 
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. 

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

Appi'oved February 9, 1S92. 



Acts, 1892. — Chaps. 7, 8. 13 



An Act making appropriations for the payment of state QJkijj^ J 

AND military AID AND FOR EXPENSES IN CONNECTION THERE- 
WITH. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are Appropnationa. 
ai)pr()i)riated, 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-iirst day of December in the year eighteen hundred 
and ninety-two, to wit : — 

For reimbursement to cities and towns for money paid fafy'atdf ™'''" 
on account of state and military aid to Massachusetts vol- 
unteers and their families, a sum not exceeding four hun- 
dred and ninety-iive thousand dollars, the same to be paid 
on or before the first day of December in the year eight- 
een hundred and ninety-two. 

For postage, printing and other necessary expenses in Postage, print- 
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. 

Approved February 9, 1892, 



An Act m-aking appropriations for certain allowances (JJian. 8 

AUTHORIZED BY THE LEGISLATURE. 

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, to provide for certain yearly allowances 
authorized by the legislature, to wit : — 

For expenses in connection with the removal of wrecks obstructions in 
and other obstructions from tide waters, a sura not 
exceeding five thousand dollars. 

For maintaining an agricultural experimental station at Agricultural es- 

~ ~ I _ penmental sta- 

the Massachusetts agricultural college, in the town of tion. 
Amherst, the sum of ten thousand dollars. 

VoY the Massachusetts agricultural college, for the pur- Agricultural 
pose of providing eighty free scholarships, the sum of ten 
thousand dollars. 

For the Massachusetts airricultural colleo;e, the sum of Aid to students, 

~ ~ . . etc. 

ten thousand dollars, to be expended under the direction of 
the trustees, for the following purposes, to wit : five thou- 
sand dollars for the establishment of a labor fund to 



14 



Acts, 1892. — Chap. 9. 



School for the 
feeble-miDcled. 

School for the 
blind. 

School superin- 
tendents insmall 
towns. 



Inspection of 
food and drugs. 



Extraordinary 
expenses. 



Premiums on 
securities. 



State farm at 
Bridgewater. 



assist needy students of said college, and five thousand 
dollars to provide the theoretical and practical education 
required by its charter and the law of the United States 
relating thereto. 

For the jMassachusetts school for the feeble-minded, 
the sum of twenty-five thousand dollars. 

For the Perkins institution and Massachusetts school 
for the blind, the sum of thirty thousand dollars. 

To enable small towns to provide themselves with school 
superintendents, a sum not exceeding thirty-five thousand 
dollars. 

For salaries and expenses in connection with the inspec- 
tion of milk, food and drugs, a sum not exceeding eleven 
thousand five hundred dollars. 

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

For the payment of premiums on securities purchased 
for the iNIassachusetts school fund, a sum not exceeding 
fifty thousand dollars. 

For the erection of a new building, and for the con- 
struction of one hundred additional cells to the workhouse 
department, at the state farm at Bridgewater, a sum not 
exceeding twenty thousand dollars, the same to be in 
addition to the twenty thousand dollars appropriated by 
chapter three hundred and forty-seven of the acts of the 
year eighteen hundred and ninety-one. 

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

Approved February 9, 1892. 



ChOlJ. 9 ^^ ^^^ MAKING APPROPRIATIONS FOR THE PRISON AND HOSPITAL 
LOAN SINKING FUND, THE STATE HOUSE LOAN SINKING FUND, 
1901, AND THE STATE HOUSE CONSTRUCnON LOAN SINKING FUND. 

Be it enacted., etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to l)e paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes herein 
specified, to wit : — 

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

For the state house loan sinking fund, due in the year 
nineteen hundred and one, as provided for in chapter two 



Appropriations. 



Prison and hos- 
pital loan sink- 
ing fund. 



State house loan 
sinking fund. 



Acts, 1892. — Chaps. 10, 11. 15 

hundred and twcnty-tbur of the nets of the year eighteen 
hundred and ninety-one, the sum of forty-five thousand 
dolhirs. 

For the state house construction k:>an sinking fund, as state house con- 
provided for in section eight of chapter three hundred and smkingfuud. 
ninety-four of the acts of the year eighteen hundred and 
eighty-nine, heing the estimate of the treasurer and 
receiver-general, the sum of ninety-two thousand thirty- 
eight doHars and sixty-five cents. 

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

Approved February 9, 1892. 

An Act making appropriations for salaries and expenses (JTinr) in 

OF THE district POLICE. 

Be it enacted, etc., asfollotvs: 

Section 1. The sums hereinafter mentioned are appro- AppropriaUona. 
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-two, to wit : — 

For the salary of the chief of the district police, a sum District police, 
not exceeding two thousand dollars. '''''''^ ""^ *"""*• 

For the salary of the first clerk in the office of the chief First cierk. 
of the district police, the sum of fifteen hundred dollars. 

For the salary of the second clerk in the office of the Second cierk. 
chief of the district police, the sum of eight hundred 
dollars. 

For the compensation of the thirty-six members of the Members of 
district police, a sum not exceeding fifty-three thousand 
dollars. 

For travelling expenses actually paid by members of the Travelling es- 
district police, a sum not exceeding twenty thousand ^^'^*'^®" 
eight hundred dollars. 

For incidental, contingent and office expenses of the contingent and 

1./. 1 I pji T , ' J 1. , office expenses. 

chiet and members ot the district police, a sum not 
exceeding two thousand dollars. 

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

Apj)roved February 9, 1892. 

An Act making appropriations for the maintenance of the QJidjf^ ^1 

GOVERNMENT FOR THE PRESENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Common- 



16 



Acts, 1892. — Chap. 11. 



wealth 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-two, to wit : — 



Clerks of senate 
and house of 
representatives. 

Assistant 
clerks. 

Additional cleri- 
cal assistance. 



Sergeant-at- 
arms. 

Clerk; 

Engineer. 

Watchmen. 

Messengers. 

Firemen. 



Assistant fire- 
man. 



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 
exceeding^ 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 sergeant-at-arms' messengers, eleven 
hundred dollars each. 

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

For the salary of the assistant fireman at the state 
house, two dollars and one half per day for each day 
employed. 



Lieutenant- 
governor and 
council. 



Executive 
council. 



Private secre- 
tary. 



Executive clerk, 



Messenger. 



EXECUTIVE DEPARTMENT. 

For the compensation of the lieutenant-governor, two 
thousand dollars ; and for the executive council, six thou- 
sand four hundred dollars. 

For the travelling expenses of the executive council, a 
sum not exceeding five hundred dollars. 

For the salary of the private secretary of the governor, 
twenty-five hundred dollars. 

For the salary of the executive clerk of the governor 
and council, two thousand dollars. 

For the salary of the executive messenger, twelve hun- 
dred dollars. 



Acts, 1892. — Chap. 11. 17 



SECRETARYS DEPARTMENT. 

For the saltiiy of the secretary of the Coinmon\Yealth, secretary. 
thirty-five hundred doHars. 

For the stdary of the first clerk in the secretary's depart- First ciert. 
ment, twenty-two hundred dolhirs. 

For the sahiry of the second clerk in the secretary's second cieik. 
department, two thousand dollars. 

For the salary of the third clerk in the secretary's Third cierk. 
dej^artment fifteen hundred dollars. 

For a messenger, and such additional clerical assistance Extra clerks 
as the secretary may find necessary, a sum not exceeding ^^'^ messenger. 
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- First cierk. 
ment, twenty-five hundred dollars. 

For the Sidary 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. 

For the salary of the fund clerk in the treasurer's Fund cierk. 
department, fourteen hundred dollars. 

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

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

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

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



weights and 
measures. 



AUDITORS DEPARTMENT. 

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

For the salary of the first clerk in the auditor's depart- First cierk. 
ment, twenty-two hundred dollars. 

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



18 



Acts, 1892. — Chap. 11. 



Extra clerks. 



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



Attorney-gon- 
eral. 



First assistant. 



Second assist- 
ant. 



ATTORNEY-GENERALS DEPARTMENT. 

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

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

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



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



Second clerk. 



Extra clerks. 



Commissioners 
of savings banke 
— chairman. 

Associate com- 
missioners. 

First clerk. 



Second clerk. 



Insurance com- 
missioner. 

Deputy insur- 
ance commis- 
Bioner. 

First clerk. 



Second clerk. 



Third clerk. 



Extra clerks and 
assistants. 



COMMISSIONERS AND OTHERS. 

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 commissioner, 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 exceeding sixteen thousand dollars. 

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

For the salaries of the two associate commissioners of 
savings banks, three thousand dollars each. 

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

For the salary of the second clerk of the commissioners 
of savings banks^ twelve hundred dollars. 

For the salary of the insurance commissioner, thirty- 
five hundred dollars. 

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

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

For the salaiy of the second clerk of the insurance com- 
missioner, fifteen hundred dollars. 

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

For such additional clerks and assistants as the insur- 
ance commissioner may find necessary for the despatch of 



Acts, 1892. — Chap. 11. 19 

})ul)lio business, a sum not exceeding fourteen thousand 
one hundred and forty doUars. 

For the suhiry of the inspector of s^as meters, two thou- inspector of gae 

dill' ^ meters. 

dollars. 

For the salary of the assistant inspector of gas meters. Assistant in. 

twelve hundred doHars. spector. 

For the salary of the secretary of the commissioners of commisBioners 

J >> or prisons — 

prisons, twenty-five hundred dollars. secretary. 

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

For the salaiy of the agent for aiding discharged female Agent for aiding 
prisoners, a sum not exceeding seven hundred and seventy- femateprfson- 
five dollars. 

For the salaries of the railroad commissioners, eleven Railroad co™. 

• 1 1 1 11 niissiouers. 

thousand dollars. 

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

For the salary of the accountant of the railroad commis- Accountant. 
sioners, twenty-five hundred dollars. 

For the salary of the assayer and inspector of liquors, Assayerand 
twelve hundred dollars. liquors"' *'* 

For the salary of the chief of the bureau of statistics of Bureau of sta- 

11 CI 1 1 1 11 tistics of labor, 

labor, twenty-five hundred dollars. ciiief. 

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

For the salary of the second clerk in the bureau of sta- second cierk. 
tistics of labor, fifteen hundred dollars. 

For such additional assistance, and for such expenses Additional 
of the bureau of statistics of labor as may be necessary, a ''*^"* '^°'^''' 
sum not exceeding five thousand dollars. 

For expenses in connection with the annual collection stjitistics of 

/..,... ^ /• , / 1 • • , manufactures. 

ot statistics ot manutactures, a sum not exceeding sixty- 
five hundred dollars. 

For the salary of the third commissioner on state aid, onTtaleaid"*"^ 
eighteen hundred dollars. 

For clerical assistance, salaries and expenses of agents. Clerical assist- 

1.1 /• ii • • ance, etc. 

and other necessary expenses ot the commissioners on 
state aid, a sum not exceeding six thousand eight hundred 
and sixty dollars. 

For salaries of the harbor and land commissioners, five iiarborand 

,1 ic 1 11111 'and coinrais- 

thousand five hundred dollars. sioners. 



20 



Acts, 1892. — Chap. 11. 



Engineer, etc. 



Civil service 
commission. 



Gas and electric 
light curarais- 
eioners. 



Controller of 
county ac- 
couuls. 



Board of arbi- 
tration and con- 
ciliation. 



Coramisfioner 
for 8iipervi>ion 
of foreign cor- 
porations. 



State pension 
agent. 



Secretary of 
state board of 
health. 

Commissioner 
on public 
records of 
parishes, towns 
and counties. 



Commissioner 
to edit provin- 
cial laws. 



For the compensation and expenses of the engineer, for 
clerical and other assi.stants authorized hy the harbor and 
land commissioners, a sum not exceeding five thousand 
dollars. 

For the salary of the chief examiner of the civil service 
commission, three thous^and dollars ; and for the salary of 
the secretary of said commission, two thousand dollars. 

For the salaries of the gas and electric light commis- 
sioners, eight thousand dolhirs ; and for the compensation 
and expenses of the clerk, and for clerical assistance of 
said commissioners, a sum not exceeding twenty-five 
hundred dollars. 

For the salary of the controller of county accounts, 
twenty-five hundred dollars ; and for the salaries of the 
two deputies of said controller, three thousand dollars. 

For the salaries of the members of the state board of 
arbitration and conciliation, six thousand dollars ; and 
for the salary of the clerk of said board, twelve hundred 
dollars. 

For the compensation of the commissioner for the 
supervision of foreign corporations engaged in the busi- 
ness of selling or negotiating ])onds, mortgages, notes or 
other choses in action, three thousand dollars. 

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

For the salary of the secretary of the state board of 
health, three thousand dollars. 

For the salary of the commissioner on public records 
of parishes, towMis and counties, three hundred and thirty- 
three dollars and thirty-three cents ; and for clerical ser- 
vices, rent, postage, printing, travelling and other expenses 
of said commissioner, a sum not exceeding two hundred 
and ninety-one dollars and sixty-seven cents. 

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



Board of agri- 
culture, — sec- 
retary. 

Clerk. 



AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the state board of 
agriculture," twenty-five hundred dollars. 

For the salary of the clerk of the secretary of the state 
board of agriculture, twelve hundred dollars ; and for the 
salary of an assistant clerk for said secretary, one thou- 
sand dollars. 



Acts, 1892. — Chap. 11. 21 

For other clerical assistance in the office of the secretary Clerical assiet- 
of the state board of agriculture, and for lectures before '""'''■ 
the hoard at its annual and other meetings, a sum not 
exceeding eight hundred dollars. 

For the salary of the executive officer of the state dairy state dairy 
bureau, five hundred dollars. 

For the salary of an assistant to the secretary of the AssiRtam to the 
board of agriculture, to assist in the work of the state '*'''"''^'"^- 
dairy bureau, twelve hundred dollars. 



EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the state Board of 

educaliiju 
secretary. 



board of education, three thousand four hundred dollars, ''''"'"""" 



to be paid out of the moiety of the income of the Massa- 
chusetts school fund a[)plicable to educational purposes. 

For the salary of the assistant librarian and clerk of the Assistant 
state Iioard of education, twenty -five huncU'ed dollars. c'le'rkV''" ""' 

For such clerical assistance in the state library as the ci.rkai assist- 
trustees and librarian may find necessary, a sum not *°°** 
exceeding thirty-five hundred dollars. 

For the purchase of books for the state library, five T^^ooksfor 
thousand dollars. ' ^'"^^' 

MILITARY DEPARTMENT. 

For the salary of the adjutant general, thirty-six hun- Adjutautgea- 
dred dollars. 

For the salary of the first clerk in the adjutant general's First cierk. 
department, t^vo thousand dollars. 

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

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

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

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

For* such additional clerical assistance as the adjutant c^|;"'^a^'^**si8t- 
general may find necessary, and for compensation of 
employees at the state arsenal, a sura not exceeding five 
thousand five hundred dollars. 

For the salary of the surireon general, twelve hundred Surgeon gea- 

'' C r> ' eral. 

dollars. 

For the salary of the state military and naval historian. Military and 
two thousand dollars ; and for clerical assistance and other °''^'' 



22 



Acts, 1892. — Chaps. 12, 13. 



necessary expenses of said historian, a sum not exceeding 
fifteen hundred dollars. 



Preservation of 
state records, 
etc. 



Clerical assist- 
ance for the 
treasurer. 



MISCELLANEOUS. 

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. 

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 
hundred dollars. 

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

Approved February 9, 1892. 

Chcip. 12 An Act to extend the time for building a public hiohway 

BRIDGE ACROSS TOE RESERVED CHANNEL IN SOUTH BOSTCN. 

Be it enacted, etc., asfoUoivs: 
Jo"hnm\nil^ Section 1. The time for completing the bridge across 
h"d '*' w'^s^^ ^^^ reserved channel on the South Boston flats in the city 
the reserved of Boston y authorized by chapter three hundred and eighty- 
Soutb Boston, eight of the acts of the year eighteen hundred and ninety- 
one, is hereby extended to the thirty-first day of December 
in the year eighteen hundred and ninety-two ; and if said 
bridge is completed before said day the Commonwealth 
shall reimburse said city the portion of the cost thereof 
provided for in said act, the same as if said bridge had 
been completed before the first day of August in the year 
eighteen hundred and ninoty-two. 

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

Approved February 13, 1892. 

CkCljy. 13 ^^ -^^^ MAKING AN A PPROPKIATION FOR THE COMMONWEALTH'S 

FLATS IMPROVEMENT FUND. 

Be it enacted, etc., as follows : 
Appropriations. Section 1. The suui hereinafter mentioned is appro- 
})riated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purpose 
specified, to wit : ^ — 

For the Commonwealth's flats improvement fund, for 
the purpose of continuing the improvements in the Com- 
monwealth's fiats at South Boston, a sum not exceeding 
seventy-five thousand dollars. 

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

Approved February 13, 1892. 



Common- 
wealth's flats at 
South Boston. 



Acts, 1892. — Chap. 14. 23 



An Act making appropriations for sundry charitable (JJiai). 14 

EXPENSES. "' 

Be it enacted, etc., an follows: 

Sectiox 1. The sums hereinafter mentioned are Appropriations. 
appropriated, to he paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, to meet sundry charitable expenses for the year 
ending on the thirty-first day of December in the year 
eicrhteen hundred and ninety-two, to wit : — 

STATE BOARD OF LUNACY AND CHARITY. 

For expenses of the board of lunacy and charity. Board of lunacy 
including travelling and other expenses of members, ^^ ^ '*"'^" 
necessary legal expenses, and salary and expenses of the 
clerk and auditor, a sum not exceeding forty-five hundred 
dollars. 

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

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

For salaries and ex))enses in the department of the Jispectorof 
inspector of institutions, a sum not exceeding ten thousand 
dollars. 

For travellinij and other necessary expenses of the A".f'''*''y 

. . . . ^ .' r ^ visitors. 

auxiliary visitors of the state board of lunacy and charity, 
a sum not exceeding twelve hundred dollars. 

MISCELLANEOUS CHARITABLE. 

For transportation of state paupers, a sum not exceed- J/ s"!te°'^'*"°° 
ing sixteen thousand dollars. paupers. 

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

For expenses attendino; the management of cases of Cases of settle- 

11 1 1' r'r- ment and 

settlement and bastardy, a sum not exceedmg fifteen bastardy. 
hundred dollars. 

For care and maintenance of indigent and neglected indigent and 

-,. . .•, ~ ~ ■,. nealected 

chndren, and juvende oflenders, a sum not exceedmg cwidren. 
twenty thousand dollars. 

For the support of state paupers in the Massachusetts state paupers, 
school for the feeble-minded, and the hospital cottages etc. ^ ™'° ^ ' 



24 



Acts, 1892. — Chap. 15. 



Sick state 
paupers. 



Burial of state 
paupers. 



Temporary aid. 



Unsettled pau- 
per infants. 



Dangerous 

diseases. 



Medical 
examiners. 



Johonnot 
annuities. 



Annuities to 
soldiers, etc. 



Pensions. 



for children at Baldvvinville, ti sum not exceeding ten 
thousand dollars. 

For the support of sick state paupers by cities and 
towns, for the year eighteen hundred and ninety-two and 
previous years, the same to include cases of wife settle- 
ment, a sum not exceeding eighty thousand dollars 

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

For temporary aid for state paupers and shipwrecked 
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 
infants in this Commonwealth, including infants in infant 
asylums, a sum not exceeding fifteen thousand dollars. 

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

For fees for medical examiners, a sum not exceeding 
five hundred dollars. 

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

For annuities to soldiers and others, as authorized by 
the legislature, the sum of three thousand and eighty-four 
dollars. 

For pensions, the sum of five hundred and twenty 
dollars. 

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

Approved February 13, 1892. 



ChaV. 15 ^^ ■'^CT MAKING APPROPRIATIONS FOR COMPENSATION AND MILEAGE 
OF OFFICERS AND MEN OF THE VOLUNTEER MILITIA, AND FOR 
OTHER EXPENSES OF THE MILITARY DEPARTMENT. 

Be it enacted, etc., as foUoivs: 
Appropriations. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
Avealth 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-two, to wit : — 



Acts, 1892. — Chap. 15. 25 

For the compensation of officers and men of the voUm- Miiuia.-com- 
teer militia, a sum not exceeding one hundred and two P<'"«''t'o»- 
thousand dolhirs. 

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

For incidental and continaent exiienses of the adjutant incidental, etc., 

^ 1 , , "' - expenses. 

generals department, a sum not exceeding three thousand 
dollars. 

For rent of briijade and battalion headquarters and Rent of 

~ 1 • • 1 armories, etc. 

company armories, a sum not exceedmg thirty-six thou- 
sand dollars. 

For quartermasters' supplies, a sum not exceeding Quarter- 
fourteen thousand dollars piies. 

For incidental and contingent expenses of the quarter- incidental, etc., 
master general's department, a sum not exceeding five ®^i*®°*°^- 
thousand dollars. 

For grading and care of the camp ground of the Com- Campground. 
mon wealth at Framingham, a sum not exceeding one 
thousand dollars. 

For military accounts in connection with the volunteer Military 
militia, not otherwise provided for, a sum not exceeding ^'^*'°"" *• 
four thousand dollars. 

For expenses in connection with the record of Massa- Record of 

, .. \t> m t • i_ T cailors and 

chusetts officers, sailors and marines, a sum not exceedmg marines. 
two thousand dollars. 

For allowance and repairs of clothing of the volunteer ciothing. 
militia, a sum not exceeding nine thousand dollars. 

For expenses of the care, furnishing and repairs of the Care. etc.of 
armories recently erected in the cities of Boston, Fitch- 
burg, Lowell and AVorcester, for the use of certain of the 
volunteer militia, a sum not exceeding fourteen thousand 
two hundred and twenty-five 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 ^^I^P^^^^y^JJ °^,g 
section eighty-seven of chapter four hundred and eleven ofgrafsat 
of the acts of the year eighteen hundred and eighty-seven etc. 
and from the sale of grass at the state camp ground, 
during the year eighteen hundred and ninety-two, 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 structures. 



26 



Acts, 1892. — Chaps. 1G, 17. 



Medical 
supplies. 

Incidental and 

contingent 

expensea. 



SURGEON general's DEPARTMENT. 

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

For incidental and contingent expenses of the surgeon 
general, a sum not exceeding seven hundred and fifty 
dollars. 

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

Approved February 13, 1892. 

Chap. 16 ^N Act to authorize the appointment of an executive 

STENOGRAPHER. 

Be it enacted, etc. , as folloios : 

Section 1. The governor, with the advice and con- 
sent of the council, may appoint a stenographer for the 
executive department, who shall hold office during the 
pleasure of the governor, and shall receive in full com- 
pensation for his services a sum not to exceed one thou- 
sand dollars per annum. 

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

Approved February 13, 1892. 



Executive 
stenographer 
may be 
appointed. 



Chap. 17 



Appropriations. 



General super- 
intendent of 
prieona. 

Clerical assist- 
ance. 

Travelling 
expenses. 

Contineent and 

incidental 

expenses. 



An Act making appropriations for carrying out the provf- 
siONs of the act relative to the employment of prisoners 
IN the prisons of the commonwealth. 

Be it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned arc appro- 
priated, to be paid out of the treasury of the Common- 
wealth 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-two, to wit: — 

For the salary of the general superintendent of prisons, 
thirty-five hundred dollars. 

For clerical assistance to the general superintendent of 
prisons, a sum not exceeding one thousand dollars. 

For travelling expenses of the general superintendent of 
prisons, a sum not exceeding five hundred dollars. 

For contingent and incidental expenses of the superin- 
tendent of prisons, including rent of office, fifteen hundred 
dollars. 



Acts, 1892. — Chap. 18. 27 

For niaiiitiiiiiini!: industries at the state prison at Boston, industries,— 
a sum not exceeding- one hundred and eighty thousand *^'"*-' p"*""- 
dollars. 

Formaintuining industries at the Massachusetts reforma- Massachusetts 
tory, a sum not exceeding forty-five thousand dollars. reormaioij. 

For maintaining industries at the reformatory pi-ison for Reformatory 
women, a sum not exceeding four thousand dollars. worarn.°' 

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

Approved February 15, 1892. 

An Act to autuorizk tbe newburvport and amesbury horse njirio 1g 

RAILROAD COMPANY TO ISSUE MORTGAGE BONDS. 

Be it enacted, etc., as follows : 

Section 1. The Newburyport and Amesbury Horse May issue 
Railroad Company may by the vote of a majority in Kf?^^ 
interest of its outstanding stock, at a meetinsf called for 
the purpose, issue coupon or registered bonds to an 
amount not exceeding three hundred and fifty thousand 
dollars, in sums not less than one thousand dollars each, 
payable at a time or times not exceeding twenty years 
from the date thereof, and carrying interest at a rate not 
exceeding five per cent per annum, payable semi-annually, 
for the purpose of discharging its existing indebtedness 
and of providing means for building an extension of the 
road on the location granted by the town of Newbury, in 
High street from Little's lane to Parker river bridge, and 
turnouts, and further equipping the entire road with over- 
head electric system, and the purchase of cars and addi- 
tional real estate and the erection of necessary buildings 
thereon ; and may secure payment of the said bonds by a 
mortgage of its franchises and the whole or any part of its 
railway and other real and personal estate whether already 
or afterwards acquired. 

Srctiox 2. The proceeds of the said bonds shall be Application of 
applied by the said companj^ in the first place to the dis- v^""''^'^^- 
charge of all the indebtedness of the said company secured 
by its mortgage bonds issued in pursuance of the vote of 
the railroad commissioners dated the tenth day of Decem- 
ber in the year eighteen hundred and ninety, which bonds 
shall be cancelled, and only the residue of the said pro- 
ceeds, after discharging the said indebtedness or appro- 
priating a sum sufficient therefor, shall be applied to the 
other said purposes. And the application of the said 
proceeds otherwise than as hereinbefore provided may be 



28 



Acts, 1892. — Chap. 19. 



enjoined by the supreme judicial or superior court upon 

npplication of the railroad commissioners or any persorx 

interested. 

^enuied'that Seotion 3. No bonds shall be issued unless approved 

they are \)y some pcrsou appointed bv the said comr)anv for that 

properly issued, ^ i , ,, • /. T i i • i 

eic. purpose, who shall certify that they are properly issued 

and recorded; and the said certificate shall, as regards 
bona fide holders, be conclusive of the regularity of the 
issue and sale of the bonds. 

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

Approved February 29, 1892. 



Chcip. 19 ^N Act making appkopriations for certain educational 

EXPENSES. 



Appropriiitions. 



Stato normal 
schools. 



State normal 
art school. 



Teachers' 
iustilutes. 



County 
teachers' asso- 
cialiouB. 



Massachusetts 

teachers' 

association. 



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, 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-two, to wit : — 

For the support of state normal schools, a sum not 
exceeding ninety-one thousand eight hundred and eighty- 
one 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 eighteen thousand three hundred and sixty 
dollars, to 1)e paid out of the moiety of the income of the 
Massachusetts school fund applicable to educational pur- 
poses, and the excess, if any, from the treasury of the 
Commonwealth. 

For expenses of teachers' institutes, a sura 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 
ap])licable to educational purposes. 

For the Massachusetts teachers' association, the sum of 
three hundred dollars, to be paid out of the moiety of the 
income of the Massachusetts school fund applicable to 



Acts, 1892. — Chap. 20. 29 

educational purposes, subject to the approval of the state 
board of education. 

For salaries and expenses of the agents of the state Board of cdnc.i. 
board of education, a sum not exceeding eighteen thousand '°°'~ "S''""'- 
seven 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 teachers^alv- 
lifty dollars. ciauou. 

For aid to pupils in state normal schools, a sum not P"P''s in smte 

T /. 1 1 1 11 1 1 • • normal schools. 

exceeding tour thousand dollars, payable in semi-annual 
instalments, 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 six board.*"'*" 
hundred dollars. 

For education of deaf pupils of the Commonwealth in Deafpupiis. 
the schools designated bylaw, a sum not exceeding thirty- 
five thousand dollars. 

For expenses in connection with the boarding houses Boarding 
of the state normal schools, a sum not exceeding fifty-one norma* schools. 
hundred dollars. 

To carry out the provisions of the act to promote the Free public 
establishment and efficiency of free public libraries, a sum 
not exceeding five thousand dollars ; and for clerical 
assistance, incidental and necessary expenses of the board 
of librarv commissioners, a sum not exceedino- five hun- 
dred dollars. 

For contingent expenses of the state library, to be contingent 
expended under the direction of the trustees and librarian, st^'te'abra^y. 
a sum not exceeding one thousand dollars. 

The income of the Kogers book fund, of the Todd fZf^ndTodd 
normal school fund, and of the two educational funds, norm ,i school 
shall be expended in accordance with the provisions of the 
various acts relating thereto. 

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

Approved February 29, 1892. 

An Act to authorize the Plymouth and Kingston street (^J^fj^t 20 

RAILWAY COMPANY TO EXTEND ITS TRACKS AND INCREASE ITS 
CAPITAL STOCK. 

Be it enacted, etc., as foUoivs : 

Section 1. The Plymouth and Kingston Street Rail- Jf^J^f ^""^ 
way Company, a corporation established in accordance 



30 Acts, 1892. — Chaps. 21, 22. 

with the laws of the Commonwealth, may, subject to the 
approval and under the control of the selectmen of the 
towns of Plymouth and Kingston, as provided by general 
law, locate, construct, maintain and operate its railway, 
with single or double tracks and with convenient and suit- 
able turnouts and switches, through and over any streets 
and highways in said towns, or either of them, or through 
and over any private lands, in either or both of said towns, 

Proviso. that it may acquire by purchase, lease or otherwise : pro- 

vided, 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. 

cl'^Itai'stock^ Section 2. Said corporation, for the purpose of paying 

its floating debt, purchase of equipment and purposes 
aforesaid, is hereby authorized to increase its capital stock 
to an amount which, together with the amounts heretofore 
authorized by law, shall not exceed in the aggregate the 
sum of one hundred thousand dollars. 

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

Approved February 29, 1892. 

CllQV' 21 -^^ ^^^ MAKING APPHOPRIATIONS FOR SALARIES AND EXPENSES AT 
THE STATE ALMSHOUSE AT TEWKSBURY. 

Be it enacted, etc., asfolloivs: 

Appropriations. Section 1. The suius hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
salaries and expenses at the state almshouse at Tewksbury 
during the year ending on the thirty-first day of December 
in the year eighteen hundred and ninety-two, to wit : — 

ft Tewk"burT ■^°^' ^^^^ payment of salaries, wages and labor at the state 
almshouse at Tewksbury, a sum not exceeding twenty-nine 
thousand two hundred dollars ; and for other current 
expenses at said institution, a sum not exceeding eighty 
thousand five hundred dollars. 

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

Approved February 29, 1892. 

ChdT), 22 ^'^ ^^"^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 

THE STATE FARM AT BRIDGEWATER. 

Be it enacted, etc., as follows: 
Appropriations. Section 1. The sums hereinafter mentioned are ap- 
propi'iated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 



Acts, 1892. — Chap. 23. 31 

saliiries and expenses at the state farm at Briduc water 
duriiiii" the yearendinir on tlie thirty-first day of December 
in the year eiirhteen hundred and ninety-two, to wit: — 

For tlie i)ayment of salaries, wages and hU)or at the state farm at 
state farm at 13ridgewater, a sum not exceeding twenty- " ^'^^^"®''' 
one thousand four hundred dollars ; and for other current 
expenses at said institution, a sum not exceeding fifty-tive 
thousand four hundred dollars. 

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

Approved February 29, 1892. 

An Act making appkopriations for the compensation and njjf^y-i O*-} 

EXPENSES OF THE COMMISSIONEKS ON INLAND FISHERIES AND ^ 

GAME. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropriauous. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for compensation and 
expenses of the commissioners on inland fisheries and 
game during the year ending on the thirty-first day of 
December in the year eighteen hundred and ninety-two, 
to wit : — 

For the compensation and expenses of the coramis- commissioners 
sioners on inland fishei'ies and game, a sum not exceeding H"hene"Aiid 
thirty-two hundred and fifty dollars. s^"*^- 

For one half of the expenses of the hatching at Plymouth, Hatching at 

.,,,,,, ^. Tj ^ , . , ° ,•! . ' Plymouth.N.H. 

in the state of Jsew Hampshire, a sum not exceeding nine - 
hundred and fifty dollars. 

For the enforcement of laws, propagation and distribu- propagation 
tion of trout and salmon, carp and lobsters, hatching and ori\om,'etc!'°° 
distribution of shad and carp, rent of hatcheries, inci- 
dentals, contingent expenses and printing, propagation 
and distribution of lobsters, a sum not exceeding four 
thousand dollars. 

For travelling expenses for a member of the district Travelling 
police detailed for service with the commission, a sum not ^*^*°*®*" 
exceeding three hundred dollars. 

For the payment of running expenses and for repairs Expenses of 
to the steamer in charge of the commission, a sum not ^^'^'""®"- 
exceeding forty-five hundred dollars. 

For completion, maintenance and running expenses state hatcheries. 
of state hatcheries, a sum not exceeding one thousand 
dollars. 

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

Approved February 29, 1892. 



32 



Acts, 1892. — Chaps. 24, 25. 



Chap. 24 



Cape Cod 
Pilgrim Memo- 
rial Association 
of Piovitice- 
town, incor- 
porated. 



Real and per- 
sonal estate not 
to exceed 

$10U,UU0. 



Property to be 
exempt from 
taxation. 



Chap. 25 



May hold addi- 
tionul real and 
personal estate. 



An Act to incorporate the cape cod pilgrim memorial 
associatiox of provincetown. 

Be it enacted, etc., as follows : 

Sectiox 1. James H. Hopkins, James Gifford, Arte- 
mas P. Hannum, Moses N. Giftbrd, Howard F. Hopkins, 
Josei)h H. Dyer, their associates and successors, are hereby 
made a corporation by the name of the Cape Cod Pilgrim 
Memorial Association of Provincetown, for the pur|)ose 
of erecting; at Provincetown a monument or other suitable 
memorial or memorials to commemorate the arrival of the 
Mayflower and the landing of the Pilgrims at Province- 
town on the twenty-first day of November in the year six- 
teen hundred and twenty, and to perfietuate, by enduring 
memorials, the memory of the signing of the compact, the 
birth of Peregrine White, the death of Dorothy May Brad- 
ford, and the other interesting historical incidents con- 
nected with the Mayflower while at anchor in Cape Cod 
harbor, and for the purpose of acquiring and holding land 
upon which to erect such memorials, and of constructing 
a huilding or buildings to accommodate the meetings and 
to contain the caljinets, collections and libraries of said 
society ; 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 otiier general laws as 
now are or hereafter may be in force relating to such 
corporations. 

Section 2. Said corporation may acquire by gift, 
grant, devise or purchase, and hold for the purposes 
aforesaid, real and ])ersonal estate to the value of one 
hundred thousand dollars. 

Section 3. The property, real and personal, of said 
corporation shall be exempt from taxation in the same 
manner and to the same extent as the property of literary, 
benevolent, charitable and scientific institutions incorpo- 
rated within this Commonwealth. 

Section 4. This act shall take eff'ect upon its passage. 

Approved February 29, 1892. 

An Act to authorize the home for aged men to hold addi- 
tional REAL AND PERSONAL ESTATE. 

Be it enacted, etc. , as folloivs : 

Section 1. The Home for Aged INIen is authorized to 
hold additional real and personal estate for the purposes 



Acts, 1892. — Chap. 26. 33 

named in its act of incorporation, cliapter one hundred 
and rifty-three of the acts of the year eighteen hundred 
and sixty, to an amount which, together with the amounts 
heretofore autliorized by hiw, shall not exceed in the whole 
eight hundred thousand dollars. 

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

Approved Fthniary 29, 1892. 

An Act relating to the hoosac tunnel and Wilmington QJinr) 9Q 

RAILROAD COMPANY. 

Be it enacted, etc., as folloios : 

Section 1. Section three of chapter two hundred and §^3^!;,uen^ed 
eight of the acts of the year eighteen hundred and ninety- 
one is herel)y amended by inserting after the word " act", 
in the third line thereof, the words: — and for the con- 
struction of extensions and branches of its railroad line 
as shall be hereafter determined, — and by striking out 
the word " upon", in the fourth line of said section, and 
inserting in place thereof the word: — on, — also by 
inserting after the word " line", in the sixth line, the 
words : — and upon any extensions and branches wdiich 
shall be constructed and made thereto, — by striking out 
the word "either", in the twelfth line, and inserting in 
place thereof the word : — any, — and by striking out the 
words " by this act", in the fourteenth line, and inserting 
in place thereof the words : — and actually paid in at the 
time of the issue of the bonds, — so as to read as follows : — 
/Section 3. The Hoosac Tunnel and Wilmington Railroad May issue 

„ , ^ Donds, etc. 

Company, for the purpose of carrying out the provisions 
of this act and for the construction of extensions and 
branches of its railroad line as shall be hereafter deter- 
mined, is hereby authorized to issue bonds on its existing 
railroad, and if the Deertield Valley Railroad be purchased 
and consolidated as herein provided, then upon the whole 
line, and upon any extensions and branches which shall 
be constructed and made thereto, to an amount not exceed- 
ing 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 accordance with the provisions of section sixty-two of 
chapter one hundred and twelve of the Public Statutes 
and acts amendatory thereof: provided, that in any case Proviso. 
the amount of bonds so issued shall not exceed the capital 
stock authorized and actually paid in at the time of the 
issue of the bonds. 



34 Acts, 1892. — Chats. 27, 28. 

SaRc^'' Section 2. To secure the l)onds ii-sued under the 
provisions of the said third section as amended by this 
act, the Hoosac Tunnel and Wilmington Eailroad Com- 
pany is hereby authorized to give to trustees for the 
holders of said bonds, a mortgage of its railroad, stations, 
rolling stock, equipments, property, real and personal, 
and franchises wherever and however situate, now ac- 
quired or hereafter to be acquired, whether under the 
provisions of said chapter two hundred and eight or other- 
wise, and all extensions and branches which shall be here- 
after constructed and made to the line and property now 
owned by it or hereafter acquired by it. 

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

Api^roved February 29, 1892. 

ChaV- 27 -^^ ^^^ MAKING AN APPROPRIATION FOR INVESTIGATIONS INTO THE 
BEST METHODS OF PROTECTING THE PURITY OF INLAND WATERS. 

Be it enacted, etc., as follows : 

Appropriations, SECTION 1. The sum hereinafter mentioned is appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
certain expenses in connection with the protection of the 
purity of inland waters during the year eighteen hundred 
and ninety-two, to wit : — 

For protecting j'or providiuo; for investiofations into the best methods 

the purity of i. c5 _ & it 

inland waters. 01 assui'iug the pui'ity oi Water supplies and disposal 
of sewage, for services of engineers, clerks and other 
assistants, made necessary and authorized by chapter 
three hundred and seventy-five of the acts of the year 
eighteen hundred and eighty-eight, which requires the 
state board of health to have general care and oversight 
of all inland waters and report measures for preventing 
the pollution of the same, also for the proper disposal of 
all sewage matter, a sum not exceeding twenty-seven 
thousand dollars. 

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

Approved February 29, 1892. 

ChaV 28 ^^ ^^^ ^^ AUTHORIZE THE BOSTON RUBBER SHOE COMPANY TO 
"' INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows: 

May increase The Boston Rubber Shoe Company is hereby authorized 

capi a 6 oc . ^^ increase its capital stock in the manner provided by 

law for the increase of the capital stock of manufacturing 



Acts, 1892. — Chaps. 29, 30. 35 

corpomtions, :ind in such amounts as it may from time to 

time determine : provided, that the whole amount of its Proviso. 

capital stock shall not exceed five million dollars. 

Approved February 29, 1892. 



Chap. 29 



Ax Act to change the name of the east Gloucester baptist 

SOCIETY AND TO DEFINE ITS POWERS. 

Be it enacted, etc., as foUoios: 

Sectiox 1. The name of the East Gloucester Baptist Name changed. 
Society is hereby changed to The Parish of the Chapel 
Street Baptist Church of Gloucester. 

Sectiox 2. The purposes of said corporation shall be Purposes of 
the maintenance of the religious worship of the Chapel °°''p<"''''^°°- 
street Baptist Church of Gloucester, and the holding of 
property and receiving donations in trust for the benefit 
of said church. 

Section 3. All devises, bequests, conveyances and ve7inceCgi"ts, 
gifts heretofore or hereafter made to said corporation, by etc. 
either of said names, shall vest in The Parish of the Chapel 
Street Baptist Church of Gloucester. 

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

Approved February 29, 1892. 



An Act making appropriations for incidental, contingent and fij.f^^^ qa 
miscellaneous expenses of the various commissions of the "^ 

commonwealth. 

Be it enacted, etc. , as follows ; 

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

C03IMISSI0NERS AND OTHERS. 

For incidental and contingent expenses of the tax com- Expenses,— 
missioner and commissioner of corporations, a sum not eioner',"et'c^ 
exceeding thirty-four hundred dollars. 

For expenses of the state valuation, under the direc- state valuation. 
tion of the tax commissioner, a sum not exceeding three 
thousand dollars. 



36 



Acts, 1892. — Chap. 30. 



Commissioners 
of savings 
banlis. 



Insurance com- 
miseioner. 



Harbor and 
land commis- 
sioners, travel- 
ling expenses. 

Incidental and 

contingent 
expenses. 



Railroad com- 
missioners, 
experts and 
agents. 

Rent and care of 
ollice. 



Books, maps 
and stationery. 



Gas and electric 
light commis- 
sioners. 



Inspectors of 
gas meters. 



Civil service 
commission. 



Controller of 

county 

accounts. 



State board of 
arbitration and 
conciliation. 



For travelling and incidental expenses of the commis- 
sioners of savings banks, a sum not exceeding thirty-three 
hundred dollars. 

For incidental and contingent expenses in the depart- 
ment of the insurance commissioner, a sum not exceeding 
three thousand dollars. 

For travelling and other necessary expenses of the har- 
bor and land commissioners, a sum not exceeding six 
hundred dollars. 

For incidental and contingent ojSice expenses of the 
harbor and land commissioners, a sum not exceeding 
eight hundred dollars. 

For the compensation of experts or other agents of the 
board of railroad commissioners, a sum not exceeding 
thirty-three hundred dullars. 

For rent of office, care of office and messenger, 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 gas and 
electric light commissioners, a sum not exceeding two 
thousand dollars. 

For travelling and incidental expenses of the inspector 
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 expenses of the civil service 
commission, a sum not exceeding two thousand dollars ; 
and for clerical assistance, expenses of examinations, 
printing of civil service rules and regulations, and other 
information for the use of applicants, printing, advertising 
and stationery, care of office and rent of room for registra- 
tion of laborers, travelling and incidental expenses of the 
commissioners, chief examiner and secretary, a sum not 
exceeding nine thousand dollars. 

For travelling and office expenses of the controller of 
county accounts, a sum not exceeding fifteen hundred 
dollars. 

For travelling, incidental and contingent expenses of 
the state board of ar])itration and conciliation, a sum not 
exceedinsr eighteen hundred dollars. 



Acts, 1892. — Chap. 30. 37 

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 state pension 
of rooms, and other necessary expenses of the state pen- " 
sion agent, a sum not exceeding four thousand dollars. 

For travelling and other necessary expenses of the Deputy sealer 
deputy sealer of weights, measures and balances, a sum mersufes^and 
not exceeding eight hundred dollars ; and for furnishing ^'^'^"ces. 
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 portions of said sets as may be necessary to make 
their sets complete, a sum not exceeding six hundred 
dollars. 

For clerk hire, rent, janitor, gas, printing, posta2:e, commissioner 

,,. 1 • • 1 i. 1 V J.I • • "i- for supervision 

travelling and incidental expenses or the commissioner tor of foreign cor- 
the supervision of foreign corporations engaged in the p"^"^^^"^"^- 
business of selling or negotiating bonds, mortgages, notes 
or other choses in action, a sum not exceeding twenty- 
four hundred and forty dollars. 

For travelling expenses, clerical a^'sistance, stationery, commiesioners 

. 1 "^ i- • j> j_i • • ii on tlie nautical 

postage and advertising tor the commissioners on the training 
nautical training school, a sum not exceeding twenty-five *°''°"^- 
hundred dollars. 

For the salaries of the chief clerk and four copyists, mes- Actsand 

. , , . ,..1 1 • , >• resolves of the 

senger, extra help, engraving, lithographing, stationery province of 
and postage, travelling and other necessary expenses in ^^^^^^husetts 
connection with the preparation for publication and the 
]:)ublication of the acts and resolves of the province of 
!\Iassachusetts Bay, a sum not exceeding sixty-four hun- 
dred and forty dollars ; and for printing and binding such 
volumes as may be completed, a sum not exceeding sixty- 
five hundred dollars. 



MISCELLANEOUS. 

For expenses in connection with taking evidence given Evidence at 
at inquests on deaths by accidents upon steam and street '"'i"®''**' 
railroads, a sum not exceeding two thousand dollars. 

For the payment of unclaimed moneys in the hands of unclaimed 

.*/, .., . /•! moneys of 

the receivers of certain insolvent corporations, after the pertain 
same have been deposited in the treasury of the Common- poraiions. 
w'ealth, a sum not exceeding three thousand dollars. 



38 



Acts, 1892. — Chap. 31. 



Funds received 
from public 
administrators. 



Civil service 
commission. 

Bureau of 
statistics of 
labor, rent, etc. 



Room for 
storage. 



Contingent 
expenses. 



Controller of 

county 

accounts. 



Repair of roads 
in Mashpee. 



Beach point 
road in Truro. 



Chap 



Appropriations. 



State industrial 
scliool at 
Lancaster. 



To cany out the provisions of the act rehitive to the 
payment from the treasury of the Commonwealth of funds 
received from public administrators, a sum not exceeding 
four thousand dollars. 

For rent of rooms for the use of the civil service com- 
mission, a sum not exceeding nine hundred dollars. 

For rent of rooms for the use of the bureau of statistics 
of labor, and for the services of a janitor, a sum not 
exceeding three thousand dollars. 

For rent of a room for the bureau of statistics of labor 
for storage purposes, a sum not exceeding five hundred 
dollars. 

For contingent expenses of the bureau of statistics of 
labor, to be expended under the direction of the sergeant- 
at-arms, a sum not exceeding five hundred dollars. 

For rent of rooms for the use of the controller of county 
accounts, a sum not exceeding six hundred and fifty 
dollars. 

For expenses incurred in the construction and repair of 
roads in the town of Mashpee during the year eighteen 
hundred and ninety-one, the sum of three hundred dollars. 

For assistance to the town of Truro in maintaining a 
section of its county highway, known as Beach point road, 
a sum not exceeding five hundred dollars. 

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

Approved February 29, 1892. 

3^ An Act making appropriations for salaries and expenses at 

THE state industrial SCHOOL FOR GIRLS. 

Be it e7iacted, 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 paymei t 
of salaries and expenses at the state industrial school at 
Lancaster during the year ending on the thirt^^-first day 
of December in the year eighteen hundred and ninety-two, 
to wit : — 

For the payment of salaries, wages and labor at the 
state industrial school for girls at Lancaster, a sum not 
exceeding eight thousand dollars ; and for other current 
expenses at said institution, a sum not exceeding twelve 
thousand dollars. 

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

Approved February 29, 1892. 



Acts, 1892. — Chaps. 32, 33, 34. 39 



An Act to authorize the east side street railway company nftn^-f 30 

TO LEASE ITS RAILWAY, FRANCHISES AND OTHER PROPERTY TO THE 
BROCKTOM street RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The East Side Street Railway Company May icaee raii- 
is hereby authorized to lease its railway, franchises and Brociuon sueet 
other property to the Brockton Street Railway Company, compaoy. 
upon such terms as the directors and stockholders of the 
respective corporations agree upon. Such lease shall 
not cover a period of more than ninety-nine years. 

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

Approved February 29, 1892. 



Chap. 33 



An Act to authorize the whitaian street railway" company 
TO lease its railway, franchises and other property to 

the BROCKTON STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows : 

Section 1. The Whitman Street Railway Company is May lease 
hereby authorized to lease its railway, franchises and [he Brockton *" 
other property to the Brockton Street Railway Company, company!'^*^ 
upon such terms as the directors and stockholders of the 
respective corporations agree upon. Such lease shall 
not cover a period of more than ninety-nine years. 

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

Approved February 29, 1892. 



Chap. 34 



An Act making appropriations for salaries and expenses at 

THE state primary SCHOOL AT MONSON. 

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 state primary school at Mon- 
son during the year ending on the thirty-first day of 
December in the year eighteen hundred and ninety-two, to 
wit : — 

For the payment of salaries, wages and labor at the state primary 
state primary school at Monson, a sum not exceeding Monson.'^ 
eighteen thousand three hundred dollars ; and for other 
current expenses at said institution, a sum not exceeding 
thirty-two thousand- seven hundred dollars ; and for board- 



40 



Acts, 1892. — Chaps. 35, 36. 



ing out children, a sum not exceeding nine thousand 
dollars. 

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

Approved February 29, 1892. 



Chap. 35 -^^ -^^"^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 
THE LYMAN SCHOOL FOR BOYS AT WESTBOROUQH. 



Appropriations, 



Lyman school 
for boys at 
Westborough. 



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 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- 
two, to wit : — 

For the payment of salaries, wages and labor at the 
Lyman school for boys at Westborough, a sum not exceed- 
ing nineteen thousand and eighty-five dollars ; and for other 
current expenses at said institution, a sum not exceeding 
twenty-seven thousand five hundred dollars. 

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

Approved February 29, 1S92. 



Chap 



QQ An Act making appropriations for the Massachusetts soldiers' 

HOME, extermination OF THE GYPSY MOTH, AND CERTAIN OTHER 
EXPENSES AUTHORIZED THE PRESENT YEAR. 



Be it enacted, etc., as follows . 



Appropriations. Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
to wit : — 

For the compensation of a stenographer for the executive 
department, a sum not exceeding one thousand dollars, as 
authorized by chapter sixteen of the acts of the present 
year. 

For the publication of a bulletin of committee hearings, 
a sum not exceeding one thousand dollars, as authorized 
by chapter one of the resolves of the present year. 

For the widow of the late Charles F. Loring, the sum 
of eight hundred dollars, as authorized by chapter three 
of the resolves of the present year. 



Executive 
stenographer 



Bulletin of 
committee 
hearings. 



Widow of 
Charles F. 
Loring. 



Acts, 1802. — Chap. 37. 41 

For the trustees of the Massachusetts sohliers' home, Massachusetts 
the sum of thirty thousand dolUirs, as authorized by *°'^'^'^* 
chapter four of the resolves of the present year. 

For providinir against depredations by the insect known Gypsy moth. 
as the ocneria dispar or gypsy moth, a sum not exceeding 
seventy-live thousand dollars, as authorized by chapter 
five of the resolves of the present year ; this amount to 
be in addition to any balance remaining unexpended, 
authorized by chapter three hundred and ninety-four of 
the acts of the year eighteen hundred and ninety-one. 

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

Approved March 1, 1892. 

An Act making appropriations for deficiencies in appropria- (JJiq^^ 37 

TIONS FOR certain EXPENSES AUTHORIZED IN THE YEAR EIGHTEEN 
HUNDRED AND NINETY-ONE. 

Be it enacted^ etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriatious. 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the payment of certain 
expenses in excess of appropriations therefor in the year 
eighteen hundred and ninety-one, to wit: — 

For the support and relief of state lunatic paupers in state lunatic 
the hospitals and asylums of the Commonwealth, the sum p*"p®''*- 
of ten thousand one hundred thirty-three dollars and fifty 
cents. 

For expenses of the commissioners on inland fisheries commissioners 
and game, made necessary by a resolution of the general eaJ^ and game. 
court adopted on the first day of June in the year eighteen 
hundred and ninet^^-one, the sum of forty-five dollars. 

For exi^enses of the railroad commissioners, the sum of Railroad com- 

.1 . ' missioners. 

ninety-eight dollars and sixty-three cents. 

For refunding a certain tax assessed upon the Boston Tax upon the 
five cents savings bank, for its real estate used for banking Bern's" savings 
purposes, the sum of thirty-two hundred fifty-three dollars ^^°'^- 
and four cents. 

For current expenses at the Lyman school for boys at Lyman school 

• for bovs 

Westborough, the sum of eleven hundred eighty-seven 
dollars and ninety-six cents. 

For current expenses at the state prison at Boston, the state prison at 
sum of thirteen thousand twentj'-seven dollars and twenty- ^°^'°°- 
two cents. 

For payment of certain bills in connection with the Reformatory 
reformatory prison for women, the sum of one hundred ^o^en?"^ 
eighty-seven dollars and thirty-nine cents. 



42 



Acts, 1892. — Chap. 38. 



Secretary of the 
Commonwealth. 



Printing and 
binding public 
documents. 



Education of 
deaf pupils. 



Fuel, etc., for 
state house. 



Massachusetts 
reformatory at 
Concord. 



Damages for 
laud talsen at 
Sherborn. 



Publication of 
province laws. 



Board of edu- 
cation. 



State paupers. 



For incidental and contingent expenses in the depart- 
ment of the secretary of the Commonwealth, the sum of 
six hundred and thirty-six dollars. 

For printing and binding public documents, under the 
direction of the secretary of the Commonwealth, the sum 
of twenty-eight hundred and live dollars and thirty-four 
cents. 

For the education of deaf pupils of the Commonwealth, 
in the schools designated by law, the sum of thirty-three 
hundred thirty-seven dollars and seventy-three cents. 

For fuel and lights for the state house, the sum of four 
hundred sixty dollars and twenty cents. 

For current expenses at the Massachusetts reformatory 
at Concord, the sum of fifty-eight hundred seventy-one 
dolhirs and eighty-two cents. 

For the payment of land damages awarded by judg- 
ment of the superior court in the taking of land at the 
reformatory prison for women at Sherborn, by the com- 
missioners of prisons under authority of chapter four 
hundred and sixty-three of the acts of the year eighteen 
hundred and eighty-nine, the sum of eleven thousand 
sixteen dollars and thirty-seven cents. 

For the payment of certain bills authorized by the 
commissioners on the publication of the province laws, 
the sum of fourteen hundred forty-five dollars and ninety- 
one cents. 

For salaries and expenses of agents of the state board 
of education, the sum of one hundred thirty-two dollars 
and twenty-six cents. 

For the support of state paupers in the Massachusetts 
school for the feeble-minded, and hospital cottages for 
children at Baldwinville, the sum of fourteen hundred 
eighty-one dollars and sixteen cents. 

Section 2. This act shall takeefiect upon its passage. 

Approved March 4, 1892. 



Chap. 



3g An Act making appropriations for salaries and expenses at 

THE state prison, MASSACHUSETTS REFORMATORY, THE REFORM- 
ATORY PRISON FOR WOMEN, AND FOR EXPENSES IN CONNECTION 
THEREWITH. 

Be it enacted, etc., as follows : 
Appropriations. SECTION 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
w^ealth from the ordinary revenue, for the purposes 



Acts, 1892. — Chap. 38. 43 

specified, to meet expenses for the year ending on the 
thirt y-lirst day of December in the year eighteen hundred 
and ninety-two, to wit : — 

For the payment of salaries and wages at the state state prison at 
prison at Boston, a sum not exceeding sixty-nine thousand ^°**°°- 
doUars ; and for other current expenses at said institution, 
a sum not exceeding ninety thousand dollars. 

For the payment of salaries and wages at the Massa- MasBachnsetts 
chusetts reformatory at Concord, a sum not exceeding conco^rd.*"^^ ''^ 
seventy-four thousand two hundred dollars ; and for other 
current expenses at said institution, a sum not exceeding 
one hundred ten thousand eight hundred dollars. 

For the payment of salaries and wages at the reforma- Reformatory 
tory prison for women at Sherborn, a sum not exceeding ^0^^.°'^ 
twenty-four thousand dollars ; and for other current 
expenses at said institution, a sum not exceeding thirty- 
one thousand dollars. 

For expenses incurred in removins; prisoners to and Hpmovaiof 

L ~ ^ ,. . prisoners from 

from state and county prisons, a sum not exceeding nine state and county 

1 J J 1 11 prisons. 

hundred dollars. 

For aiding prisoners discharged from the Massachusetts Aiding pris- 
reformatory, a sum not exceeding five thousand dollars. °°''"" 

For the salary of the agent for aiding prisoners dis- Agent for aid- 
charged from the state prison, one thousand dollars; and discharged from 
for expenses of said agent, a sum not exceeding three «tatepnson. 
thousand dollars, to be used in rendering assistance to said 
prisoners. 

For expenses of the agent for aiding discharged female Agent for aiding 
prisoners discharged from the prisons of the Common- femaie"^^^ 
wealth, including assistance rendered to said prisoners, a pi'soners. 
sum not exceeding three thousand dollars. 

For incidental and contingent expenses of the commis- commissioners 
sioners of prisons, a sum not exceeding twelve hundred expenses.'" 
dollars. 

For travelling expenses of the commissioners of prisons, secretary and 
and of the secretary and agents of said commissioners, a ^s®"'^- 
sum not exceeding twenty-five hundred dollars. 

For travelling and other necessary expenses of the state primary 
trustees of the state primary and reform schools, a sum schoou?"^"^ 
not exceeding one thousand dollars. 

For the support of Sarah J. Robinson, a prisoner in Sarahj. 
the jail at Lowell in the county of Middlesex, a sum not 
exceedina: four hundred dollars. 



44. Acts, 1892. — Chaps. 39, 40. 

fult\c7.^^ ^'""^ For expenses incurred in the arrest of fusjitives from 
justice, a sum not exceeding two thousand dollars. 

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

Approved March 4, 1892. 

Ohcip. 39 An Act to authorize the town of provincetown to appropri- 
ate MONEY TO "WATER ITS STREETS. 

Be it enacted, etc., as folloics : 
SatenfJneyto Section 1. The towH of Provlncctown may annually 
^j*^«'''^p"i^iic appropriate money to water all or any of the public 
streets or roads within its limits. 

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

Apjjroved March 4, 1892. 

Chap. 40 A^ ^^"^ ^^ RELATION TO THE ADMISSION OF FRATERNAL BENEFICIARY 

ORGANIZATIONS OF OTHER STATES. 

Be it enacted, etc., asfoUoivs: 
§n^' 1890, 341, Section 1. Section eleven of chapter four hundred 
§ 1 amended. ' twenty-niuc of the acts of the year eighteen hundred 
eighty-eight, as amended by section one of chapter three 
hundred forty-one of the acts of the year eighteen hun- 
dred ninety, is hereby amended by striking out, in the 
first and second lines, the words " associations or socie- 
ties ", and adding to the section at the end thereof the 
following : — Corporations of other states paying only 
disability and death benetits may, upon complying with 
the provisions of this act, be admitted to this Common- 
wealth. The transaction of the business defined in this 
act, by any corporation, association, partnership or indi- 
viduals, unless organized or admitted as provided herein, 
is forbidden, — so as to read as follows: — Section 11. 
Fraternal Fraternal beneficiary corporations organized under the 

oreanizationB of hiws of another statc, HOW transacting in this Common- 
n-ansactVusu^^ wcaltli busiucss as herein defined, may continue such 
"^*^" business upon the plans heretofore governing them, as 

reported to the insurance department, and by otherwise 
conforming to the provisions of this act Corporations 
of other states paying only disability and death benefits 
may, upon complying with the provisions of this act, be 
admitted to this Commonwealth. The transaction of the 
business defined in this act, by any corporation, associa- 
tion, partnership or individuals, unless organized or 
admitted as provided herein, is forbidden. 

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

Approved March 4, 1892. 



Acts, 1892. — Chaps. 41, 42, 43. 45 



An Act to incorporate the mii.lis savings bank. Chcw 41 

Be it enacted, etc., asfollotcs: 

Section 1. Henry L, Millis, Moses Richardson, Moses MiiiisSavings 
Adams, Louis LaCroix, John S. Folsom, Alva L. Hoi- iucorporated. 
lander, Joseph W. Farweil, their associates and succes- 
sors, are hereby made a corporation by the name of the 
Millis Savings Bank, with authority to establish and 
maintain a savings bank in the town of Millis ; 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 4, 1892. 

An Act to further extend the time of exemption of the /nr7,„„ ac) 

CITY OF BROCKTON FROM THE OPERATION OF AN ACT RELATIVE ^ ' " 

TO THE LIMIT OF THE MUNICIPAL DEBT AND THE RATE OF TAXA- 
TION IN CITIES. 

Be it enacted, etc. , as follows : 

Section 1. The city of Brockton is hereby exempted Limit of muuici- 

Ijtll QGol iincl 

fiom the operation of section one of chapter three hundred rate of taxation 
and twelve of the acts of the year eighteen hundred and *° 
eighty-five, until the first day of January in the year 
eighteen hundred and ninety-six. 

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

Ajjproved March 4, 1892. 

An Act placing the waters of squam pond in the city of 
gloucester under the control of the united states fish 
commission. 

Be it enacted, etc., as follows: 

Section 1. The control of the waters in Squam pond waters of 

^, , ,.,.,,. ^ . \ . Squam pond put 

near (jrloucester, a great pond within the Imiits or the under coiitroi of 
Commonwealth, is hereby granted to the United States stateB^tiTh com- 
fish commission for the period of ten years, for the pur- """*"'"■ 
pose of rearing therein young cod and pollock before turn- 
ing them out into open waters ; subject however to all 
lawfully existing rights in or concerning said pond. 

Section 2. Whoever wilfully and without right defiles penalty, 
or pollutes the waters of said pond, or obstructs or inter- 
feres with the control or operations of said commission 
therein, shall be punished by a fine not exceeding fifty 
dollars. Ajjj^roved March 4, 1892. 



Chap. 43 



46 



Acts, 1892. — Chaps. 44, 45. 



May make an 
ailditiouiil 
Water loan. 



QJian. 44 ^^ ^^"^ "^^ authorize the town of marblehead to make an 

ADDITIONAL WATER LOAN. 

Be it enacted^ etc. , as follows : 

Section 1. The town of Marblehead, for the purposes 
mentioned in chapter three hundred and twenty-five of the 
acts of the year eighteen hundred and eighty-six and acts 
amendatory thereof, is hereby authorized to issue notes, 
l)onds or scrip, to be denominated on the face thereof, 
Marblehead Water Loan, to an amount not exceeding fifty 
thousand dollars in addition to the amounts heretofore 
authorized by law to be issued by said town for the same 
purposes ; said notes, bonds or scrip to be issued upon 
the same terms and conditions and with the same powers 
as are provided in said acts for the issue of the Marblehead 
water loan by said town. 

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

Approved March 4, 1892. 



Chap 



May incur 
indebtedness 
beyond tiie 
fixed limit for 
completing a 
new city hall 
building. 



ProvioionB of 
P. S. 29, and of 
1884, 129, to 
apply. 



An An Act to authorize the cit? of brockton to incur indebted- 
ness beyond the limit fixed by law, for the completion of 
A new city hall building. 

Be it enacted, etc., as follows : 

Section 1. The city of Brockton, for the purpose of 
completing its new city hall building, in addition to the 
amount authorized by chapter two hundred and twenty- 
five of the acts of the year eighteen hundred and eighty- 
nine, may incur indebtedness to an amount not exceeding 
fifty thousand dollars outside the limit of indebtedness 
fixed by law ; and may from time to time issue negotiable 
bonds, notes or scrip therefor, denominated on the face 
thereof, Brockton City Hall Loan, 1892, signed by its 
mayor and city treasurer, payable in periods not exceed- 
ing thirty j^ears from their date of issue, in fixed propor- 
tionate annual payments, and bearing interest at a rate not 
exceeding four and a half per cent, per annum. 

Section 2. 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 and sale of such 
securities. 

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

Approved March 4, 1892. 



Acts, 1892. — Chap. 46. 47 

An Act to incorpohate and enlarge the powers of fire nij^.r^ Aa 

DISTRICT NLMUER ONE IN THE TOWN OF S JUTH HADLEY. ■* * 

Be it enacted^ etc., as follows : 

Section 1. The organization now known as Fire Dis- Fire District 
trict Number One in the town of South lladley, and iiad/ey^°incor. 
bounded as follows : Beginning on the easterly side of powers en"*^ 
the Connecticut river, at the mouth of White's brook, '-"ged- 
and thence running northeasterly along said brook to the 
highway leading to the head of the canal, so-called, thence 
easterly along said highway to the old Falls Woods road, 
thence northerly along said road to a point opposite the 
northwesterly corner of land of George E. and Mary C. 
Lamb, thence easterly along the northerly line of land of 
said Lambs to land formerly of Adonirara J. Clark, 
thence southerly along the westerly line of said Clark's 
land to land of said Lambs, thence easterly along the 
northerly line of said Lambs' land to the highway leading 
from South Hadley Falls to Smith's ferry, thence, after 
crossing said highway, easterly along the northerly line 
of A. B. C. Delaunay to land of Elizabeth B. C. Lathrop, 
thence southerly along the westerly line of said Lathrop's 
land to land of Patrick F. Judge, thence easterly along 
the northerly line of land of said Judge and of Lynch 
brothers to a stone monument distant four hundred feet 
westerly from the westerly line of the highway leading 
from South Hadley Falls to South Hadley Center, thence 
northerly and parallel with said highway, at a distance of 
four hundred feet westerly from the westerly line of said 
highway, to a stone monument, thence easterly, crossing 
said highway at a point distant four hundred feet north- 
erly from the house of Michael J. Sheehan, and crossing 
the highway leading from South Hadley Falls to Gran by 
at a point distant four hundred feet northeasterly from the 
house of William McCutcheon to the Granby town line, 
thence southerly along the Granby line to the Hampden 
county line, thence westerly along the county line to 
Connecticut river, and thence northerly along Connecti- 
cut river to the place of beginning, is hereby made a 
corporation, and in addition to the powers which it now 
has under the ijeneral laws is invested with the riirhts, 
powers and privileges hereinafter specified. 

Section 2. The taking and purchase of land, water Purchase, etc., 
rights and easements heretofore made by said fire district r/gKetc!^" 



48 



Acts, 1892. — Chap. 46. 



3Iay issue 
boude, not ex- 
ceeding $30,000. 



Sinking fund to 
be establisiied. 



To raise by 
taxation suffi- 
cient with 
income from 
water rates to 
pay current 
expenses, etc. 



May purchase 
or take lands, 
water rights, 
etc. 



for the extinguishment of fires jind domestic purposes, 
are hereby ratified and confirmed, and said fire district 
may hold said lands, water rights and easements for such 
uses, and the doings of said fire district and of its oflicers 
in relation to the taking and purchase of such lands, water 
rights and easements, are hereby ratified and confirmed. 

Section 3. The said fire district, for the purpose of 
paying the expenses of the recent enlargement of its water 
supply, may issue bonds, notes or scrip to an amount not 
exceedins: in the a2:2:reo;ate thirty thousand dollars. Such 
bonds, notes or scrip shall bear on their face the words. 
South Hadiey Fire District Water Loan, shall be payable at 
the expiration of periods not exceeding thirty years from 
the date of issue, shall bear interest at a rate not exceed- 
ing six per cent, per annum, payable semi-annually, and 
shall be signed by the treasurer and prudential committee 
of the district. The fire district may sell such securities 
at public or private sale at not less than par, or pledge 
the same for money borrowed for the purpose aforesaid 
upon such terms and conditions as it may deem proper. 

Section 4. The said fire district, at the time of con- 
tracting said loan, shall provide for the estalilishment of a 
sinking fund, and shall annually contribute to said fund a 
sum sufficient with the accumulations thereof to pay the 
principal of said loan at maturity. Such sinking fund 
shall remain inviolate and shall be used for no other pur- 
pose than the payment of said loan. Commissioners to 
hold and manage such sinking fund shall be chosen in the 
manner and with the powers and duties prescribed by 
sections ten and eleven of chapter twenty-nine of the 
Public Statutes. 

Section 5. The said fire district shall raise annually 
by taxation a sum which with the income derived from 
water rents will be sutficient to pay the current annual 
expense of operating its water works and the interest on 
the l)onds, notes or scrip, issued as aforesaid by the dis- 
trict, and to make such contributions to its sinking fund 
and payments on its principal as may be required under 
the provisions of this act. 

Section G. The said fire district may purchase or take, 
in the manner provided by sections two and four of chapter 
one hundred and fourteen of the acts of the year eighteen 
hundred and seventy-two, and hold such other lands, 
water rishts and easements within the town of South 



Acts, 1892. — Chap. 47. 49 

ILullo}- ns may be required for enlarging, extending or 
protecting its water works, and may raise by taxation for 
the purjiose of such enhirgement, extension or protection, 
a sum of money not exceeding three thousand dolhirs in 
any one year. 

Section 7. Whenever the said fire district has voted ofvofe^to^mue 
to raise, by taxation, money for any purpose authorized money by taxa- 

1 • 1 1 1 1 11 T -^ 1 /• 1 tion to be sent 

by this act, the clerk shall render a certmed copy ot the to assessors of 
vote to the assessors of the town of South Hadley, and °"^ " ^^' 
such tax shall be assessed, collected and paid over by the 
appropriate officers of the town in the manner provided 
by law relative to other fire district taxes. Said fire interest and die- 
district may collect interest on taxes when overdue, at a *^°"° 
rate not exceeding six per cent, per annum, and may 
allow a discount for payment of taxes before they become 
due : ijrovided, that the district at the time of voting to 
raise a tax shall so determine, and shall fix a time when 
said tax shall be payable. 

Section 8. Whoever wantonly or maliciously diverts Penalty for 
the water or any part thereof, taken or held by said fire TupthigoT * 
district for the purposes aforesaid, or corrupts the same, water.'etc. 
or renders it impure, or destroys or injures any dam, 
aqueduct, pipe, conduit, hydrant, machinery or other 
works or pro[)erty held, owned or used by said district 
for such purposes, shall forfeit and pay to said fire district 
three times the amount of the damages assessed therefor, 
to be recovered in an action of tort ; and on conviction of 
any of the wanton or malicious acts aforesaid may also be 
punished by fine not exceeding three hundred dollars or 
by imprisonment not exceeding one year. 

Approved March 4, 1892. 

An Act relating to insurance risks of mutual boiler insur- (JJiqij^ 47 

ANCE companies. 

Be it enacted^ etc., as follows : 

Section 1. Section twenty of chapter two hundred Jsgi'fes'^""' 
and fourteen of the acts of the year eighteen hundred and amended. 
eighty-seven, as amended by chapter three hundred and 
sixty-eight of the acts of the year eighteen hundred 
and ninety-one, is hereby amended by the addition of the 
following words at the end thereof: — provided, hoicever, 
that a mutual boiler insurance company of this Common- 
wealth may insure in a single risk an amount not exceed- 
ing one fourth of its net assets, — so as to read as follows : — 



50 Acts, 1892. — Chap. 48. 

Rein6urance. Scction 20. No coiupany authorized to transact the busi- 
ness of insurance in this Commonwealth shall directly or 
indirectly contract ior or eflect any reinsurance of any 
risk or })art thereof taken by it on })roperty in this Com- 
monwealth with any company not authorized to transact 
such business of insurance in this Commonwealth : pro- 
Proviso. vided, however, that if it shall be found impossible to 

obtain in the companies authorized to transact lousiness 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 eli'ecting the same shall make a sworn report 
thereof to the insurance commissioner at the time of filino- 
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 other- 
wise be chargeable, or increase the amount it is authorized 
to have at risk in any town or fire insurance district. And 
Limit to no company shall insure in a single hazard a larger sum 

insurance in a than ouc tenth of its uct asscts : provided, lioicever, that a 
single risk. mutual boilcr iusurauce company of this Commonwealth 
may insure in a single risk an amount not exceeding one 
fourth of its net assets. 

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

Approved March 9, 1892. 

CllCtB. 48 ^'^ ^^^ RELATING TO ASSISTANT ASSESSORS IN THE CITY OF 

BRCJCKTON. 

Be it enacted, etc., as foliates : 

Appointment of SECTION 1. In the luouth of Fcbruarj^ in the year 
assessoie. eighteen hundred and ninety-three, and in that month 

annually thereafter, the mayor of the city of Brockton 
shall, subject to confirmation by the board of aldermen, 
upon recommendation by the board of assessors, appoint 
one resident from each ward of said city to be an assistant 
assessor for the term of one year from the first day of 
Vacancies. Marcli ucxt eusuiug. In case any vacancy shall exist or 
occur in the office of assistant assessor after the first day 
of ]\Iarch in any 3'ear, the mayor shall in like manner 
appoint a resident from the ward in which such vacancy 
occurs, for the unexpired term. It shall be the duty of 
the persons so appointed to furnish the assessors with all 



assessors now 



Acts, 1892. — Chaps. 49, 50. 51 

necessary information relative to persons and property 

taxable in their respective wards, and they shall be sworn 

to a faithful i)orformance of their duty. Their compensa- compensation. 

tion shall be tixed by concurrent vote of the city council. 

The persons now holdinL>- the office of assistant assessors Assistant 

1 11 • • /v ''11 • !• t • assessors I 

shall continue m oince until the appointment ot their sue- in office. 
cessors, in the year eighteen hundred and ninety-three, 
and any vacancy occurring in their number shall be tilled 
in the manner provided for in this section. 

Section 2. Section eighteen of cha})ter one hundred ^^pea'- 
and ninety-two of the acts of the year eighteen hundred 
and eighty-one, and all acts inconsistent herewith, are 
hereby repealed. 

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

Approved March 10^ 1892. 



An Act to change the name of the old men's home in the 
city of worcester. 



Chap. 49 



Be it enacted, etc., as foUoios : 

Section 1. The name of the Old Men's Home in the Name changed. 
city of Worcester is hereby changed to the Home for 
Aged Men in Worcester. 

Section 2. All devises, bequests, conveyances and ^^^^^^^^^^1^- '^^ 
gifts heretofore or hereafter made to said corporation, for Aged Men 
by either of said names, shall vest in the Home for Aged 
Men in Worcester 

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

Approved March 10, 1892. 



An Act to exempt certain English bloodhounds from the f^hfjj) nf) 

PROVISIONS OF the ACT PROHIBITING THE KEEPING OF BLOOD- ^ 

HOUNDS. 

Be it enacted, etc., as folloius: 

Section 1. Chapter three hundred and forty of the certain provi. 
acts of the year eighteen hundred and eighty-six shall not to°app*iy toThe"* 
apply to any dogs of the species commonly knowai as the ^ouda^ ^'°°'' 
English bloodhound, of pure blood, whose pedigree is i^se, 340. 
recorded or w^ould be entitled to record in the English 
bloodhound herd book. 

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

Approved March 10, 1892., 



52 Acts, 1892. — Chaps. 51, 52, 53. 



ChCip. 51 -^^ ^^"^ RELATING TO THE USE OF CHECK-LISTS IN TOWN MEETINGS. 

Be it enacted^ etc., as follows : 
u^e^u'cenJu"^ Section 1. At any town meeting held between the 
town meetings, day of the annual town meeting and the day of the annual 
state election next succeeding, the list of voters prepared 
for the annual town meeting shall be used, subject to the 
changes and erasures provided for by law. 

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

Approved March 10, 1892. 

ChClV- 52 ^^ ^^"^ RELATING TO THE SALARY OF THE LATE NICHOLAS A. 
APOLLONIO, CITY REGISTRAR OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 
May pay salary SECTION 1. The citv of Bostou is authorized to pay 

to widow or 1 • 1 (• -vT' 11 11-1 • . 

Nicholas A. to the widow 01 Nicholas A. Apollonio late city registrar 
of said city, the amount of salary to which he would have 
been entitled had he lived and continued to hold his office 
until the first da}' of May in the year eighteen hundred 
and ninety-two. 

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

Approved March 10, 1892. 



Apollonio. 



ChClV' 53 -^^ -^^^ RELATING TO THE COMMITMENT OF LUNATICS AND DIPSO- 
MANIACS. 

Be it enacted, etc., as follows: 
Commitment, Section 1 . A pcrsou applying for the commitment or 

aiKi'dipso-' for the admission of a lunatic to a state lunatic hospital 
maniacs. uudcr the provisions of chapter eighty-seven of the Pub- 

lic Statutes, or for such commitment of a dipsomaniac 
under the provisions of chapter three hundred and thirty- 
nine of the acts of the year eighteen hundred eighty-five, 
or for the commitment of a dipsomaniac under the pro- 
visions of chapter four hundred and fourteen of the acts 
of the year eighteen hundred eighty-nine, shall first give 
notice in writing to the overseers of the poor of the place 
where the lunatic or dipsomaniac resides, except that in 
the city of Boston such notice shall be given to the com- 
missioners of public institutions, of his intention to make 
such application ; and satisfactoiy evidence that such 
notice has been given shall be produced to the justice in 
cases of commitment. 
Repeal. SECTION 2. Scction fourtcen of chapter eighty-seven 

of the Public Statutes is hereby repealed. 

Apjyroved March 10, 1892. 



Acts, 1892. — Chaps. 54, 55. 



An Act kelatixCt to the salary of the late charles h. ixgalls, (Jlinij 54 

COUNTY COMMISSIONER OF THE COUNTY OF BERKSHIRE. 

Be it enacted, etc. , as follows : 

Section I. The county of Berkshire is hereby siuthor- saiaryof 
ized to pay to the widow and daughter of Charles H. iDga'^ii^may be 
Inoalls late county commissioner of the county of Berk- and'arughter! 
shire, the amount of salary to which he would have been 
entitled had he lived and continued to hold his office until 
the thirty-first day of December in the year eighteen 
hundred and ninety-two. 

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

Approved March 10, 1892. 

An Act relating to the conditions under which dams may be rij.^.^ rn 
erected across navigable streams and outlets of great ^ ' 

PONDS for flowing CRANBERRY LANDS. 

Be it enacted, etc., as folloivs : 

Section fort3'-eight of chapter one hundred and ninety p. s. i9o, §4s, 
of the Public Statutes is hereby amended by inserting "-'"endtis. 
after the word "appropriated", in the first line thereof, 
the words: — or which he desires to appropriate, — by 
striking out the word " a", in the third line thereof, and 
inserting in place thereof the word : — any, — by striking 
out the words " not navigable", in the third line thereof, 
and by adding at the end of the section the words : — 
provided, hoicever, that nothing herein contained shall 
authorize the erection or maintenance of a dam across 
any navigable stream, or across the outlet of any great 
pond, without a license obtained therefor from the board 
of harbor and land commissioners, in accordance with and 
subject to the provisions of chapter nineteen of the Public 
Statutes and of chapter three hundred and eighteen of the 
acts of the year eighteen hundred and eighty-eight, — so 
as to read as follows : — Section 48. Any owner or lessee Erection of 
of land appropriated, or which he desires to appropriate, euJ^msJetl, 
to the cultivation and growth of the cranberry may erect ^°^ flowing 

. . ~ ./ .^ cranberry lands. 

and mamtain a dam u[)on and across any stream for the 
purpose of flowing and irrigating said land, upon the 
terms and conditions and subject to the regulations con- 
tained in this chapter, so far as the same are properly 
applicable in such cases: provided, hoicever, that nothing Proviso. 
herein contained shall authorize the erection or mainte- 



5i 



Acts, 1892. — Chap. 5(5. 



May take land, 
water rights, 
etc., to increase 
its water sup- 

ply- 



nance of a dam across any navigable stream, or across 
the outlet of any great pond, without a license obtained 
• therefor from the board of harbor and land commissioners, 

in accordance with and subject to the provisions of chap- 
ter nineteen of the Public Statutes and of chapter three 
hundred and eighteen of the acts of the year eighteen 
hundred and eighty-eight. Approved March 10^ 1892. 

ChciT). 56 ^^ ^^'^ "^^ AUTHORIZE FIRE DISTRICT NUMBER ONE OF ATTLE- 
BOROUGH TO INCREASE ITS WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1, Fire District Number One of Attleborough 
is hereby authorized to take, by purchase or otherwise, 
and hold the waters of the Seven Mile river in the town 
of Attleborough, or the waters of an}^ springs, wells or 
other ground water sources on the watershed of said 
river, or the waters of any other streams, springs, watei- 
shed or water sources at any point within said town, and 
the water rights connected with any of said sources, and 
all lands, rights of way and easements necessary for hold- 
ing and preserving such water and for carrying the same 
to any part of said town of Attleborough ; and said dis- 
trict may have, in relation to such new sources of water 
supply and the holding, preserving and conveyance of the 
water taken therefrom, all the powers, rights and privi- 
leges now possessed in relation to, or in connection with, 
its i)resent source of water supply. AVithin sixty days 
from the taking of any land as aforesaid the district shall 
file in the registry of deeds for the county and district 
in which such land lies, a description thereof sufficiently 
accurate for identific.ition, together with a statement of 
the purposes for which the same is taken. 

Section 2. Said district shall be liable to pay all 
damages that shall be sustained by any person or cor- 
poration by reason of the proceedings of the district under 
this act : and any such person or corporation who shall 
be unable to agree with said district ui)on the amount of 
such damages, may have them assessed in the manner 
prescribed in section eight of chapter two hundred and 
seventy-one of the acts of the year eighteen hundred and 
seventy-three. But no application for the at^sessment of 
damages shall be made for the taking of any water or 
Avater right, or for any injury thereto, until the water is 
actually withdrawn or diverted by the district. 



To file in regis- 
try of deeds a 
description of 
lauds, etc., 
taken. 



Liability for 
damages. 



Acts, 1892. — Chap. 57. 55 

Sectiox 3. Said district ma}', for the purpose ()f j^SS'' 
pa vino- the necessary expenses and lial)ilities incurred Number one 
under the provisions oi this act, and lor the purpose ot 
extending its street water pipes, issue from time to time 
bonds to an amount not exceeding seventy-five thousand 
doHars in addition to the bonds ah'eady issued by the 
district. Such l)onds shall bear on their face the words, 
Attleborough Fire District Number One Water Loan, 
shall be payable at the expiration of periods not exceed- 
ing thirty years from the date of issue, shall bear interest 
payable semi-annually at a rate not exceeding five per 
centum per annum, and shall be signed by the treasurer 
of the district and countersigned by the water commis- 
sioners. The district may sell such bonds at public or 
private sale upon such terms and conditions as it may 
deem proper. 

Section 4. The interest on such bonds shall be raised bo'fjs.^'*'" 
by taxation or water rates annually ; and the district shall contributions to 

*^., . . , . f, ■, I, ^ . , sinking fund. 

contribute to its sinking lund irom year to year an amount 
raised annually by taxation or received from water rates 
or otherwise, sufficient with its accumulations to extin- 
guish the debt at maturity. The record of and the securi- 
ties belonging to any sinking fund of the district shall at 
all times be open to the inspection of the water commis- 
sioners or of any committee of the district duly authorized 
for the purpose. The provisions of sections eleven, seven- 
teen and twenty-three of chapter twenty-nine of the 
Public Statutes shall apply to said district. 

Ap2)roved March 10, 1892. 

An Act to authorize the city of waltham to make addi- nhnqi 57 

TJONAL LOANS FOR SEWERS AND DRAINS. 

Be it enacted, etc., as follows : 

Section 1. The city of Waltham is hereby authorized, ?^=jy '"T'' 

. f f 1 r- " 1 • ' indebtedness 

for the purpose of providing lurther surface drainage in beyond the pre- 

• • /» • scribed limit 

said city, and for the purpose of completing and extend- for drainage and 
ing its system of sewers, to incur indebtedness and to pose's?''^ ^"'^" 
issue from time to time bonds, scrip, notes or other certifi- 
cates of indebtedness therefor, to an amount not exceed- 
ing seventy-five thousand dollars beyond the limit of 
indebtedness now fixed by law for said city. So much of 
said sum as is borrowed for sewerage purposes shall 
be upon the terms and conditions set forth in chapter two 
hundred and five of the acts of the year eighteen hundred 



56 , Acts, 1892. — Chaps. 58, 59. 

and ninety, or any acts in amendment thereof or supple- 
Piovisions of men tar V thereto ; and the provisions of chapter twenty- 
i29to'appiy. ' nine of the Public Statutes relative to debts incurred in 
constructing sewers, 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, notes 
or scrip as are issued for surface drainage, and to the 
establishment of a sinking fund for the pa} ment thereof 
at maturity. 

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

Approved March 10, 1892. 

Chap, 5S ^^ ^^'^ "^^ ESTABLISH THE SALARY OF THE THIRD ASSISTANT 
CLEHK OF THE MUNICIPAL COURT OF THE CITY OF BOSTON FOR 
CIVIL BUSINESS. 

Be it enacted, etc., as folloios: 
^,^}^ry esx&\y. Section 1. The Salary of the third assistant clerk of 

the municipal court of the city of Boston for civil business 
shall be fifteen hundred dollars a year, to be so allowed 
from the first day of January in the year eighteen hun- 
dred and ninety-two. 

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

Approved March 14, 1892. 



CJiay). 59 -A^NACT relating to the issuing of RAILROAD passes AND THE 
COMPENSATION OF MEMBERS OF THE LEGISLATURE, 

Be it enacted, etc., as follows : 
rrfir^l?*!!! Ko Section 1. No railroad corporation shall issue to the 

pHsses not to be i 

issued to mem- govemor, Heutenant-govemor, any member of the council, 

bfTs of the D ' o ' »/ ' 

legislature, etc. any judge of the supreme judicial court or the superior 
court, probate court, municipal or district court, or county 
commissioners, or any member or member elect of the 
legislature, any free pass, or any ticket entitling him to 
transportation at a less rate of fare than is demanded of 
the pul)lic generally. 

ouufe'r^of°mii- Section 2. Any officer, agent or employee of a rail- 

road corpora- road corporatlou who is^ues, delivers or offers to any per- 
son mentioned m section one ot this act, or to or tor any 
other person at the request, solicitation or procurement of 
any [)erson mentioned in section one, any free pass or any 

^ ticket entitling him to transportation at a less rate of fare 

than is demanded of the public generally, shall be })unished 
by a fine of not less than one hundred nor more than one 
thousand dollars. 



Acts, 1892. — Chap. GO. 57 

Section 3. Any person mentioned in section one ofrfnaityon 

.1. .1 '^/-i- 1^ il i. members, etc. 

this act who requests, for himselt or another, accepts or 
uses any free })ass upon a railroad, or any ticket entitling 
him to transportation upon a railroad, for which he has 
paid a less price than is demanded of the public generally, 
shall be punished by a fine of not less than one hundred 
nor more than one thousand dollars. 

Section 4. Each member of the senate and house of fj^-'XeTdalTce 
representatives shall receive seven hundred and fifty and tJ^yei 

- ' . , , , . „ I'll- of members. 

dollars for the regular annual session for Avhich he is 
elected, and two dollars for every mile of ordinary travel- 
ling distance from his place of abode to the place of the 
sitting of the general court ; and the president of the 
senate and the speaker of the house shall receive d()ul)le 
the compensation provided for members, and two dollars 
for every mile of ordinary travelling distance from his 
place of abode as aforesaid. 

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

Approved March 14, 1S92. 

An Act to authorize the city of fitchburg to increase its (JJiqjj, (30 
water supply. 

Be it enacted, etc., as follows : 

Section 1. The city of Fitchburg, for the purpose of ^^^ /^|^| 
supply ins: water to its inhabitants, is hereby authorized to ^\'''=^"!f'?^ 

I I -^ ~ ' . '' lake m Pnnce- 

take and hold, by purchase or otherwise, and convey to, ton, etc., for 
into and through said city the waters of Wachusett lake in water supply. 
the towns of Princeton and Westminster and the waters 
that flow into and from the same, and any water rights 
connected therewith, and to take and hold, by purchase or 
otherwise, sulyect always to the restrictions and limita- 
tions hereinafter set forth, such land on and around the 
margin of said lake, not exceeding five rods in width, as 
may be necess;iry for the preservation and purity of said 
waters : provided, hoivever, if it shall be necessary to take Proviso. 
any lands within said five rods, and within the limits of 
any highway' or town way in said Westminster, then all 
damages, cost and expense resulting from the discontinu- 
ance of any part of such highway or town way, or from 
the relocation or reconstruction of the same under proper 
legal proceedings, shall be assessed upon and paid by the 
said city of Fitchburg ; and to take and hold in like 
manner such lands as may be necessary for erecting and 
maintaining dams and reservoirs, and for laying and main- 



58 



Acts, 1892. — Chap. 60. 



May take 
waters of 
Meetinghouse 
pond in 
Westminster, 
etc. 



Proviso. 



May lay neces- 
sary aqueducts 
and pipes. 



May take 
waters of 
Wyman's 
reservoir, etc. 



taining conduits, pipes, drains and other works for collect- 
ino;, conductino; and distributino; said waters throuo^h and 
to said city. 

Section 2. Said city, for the purpose aforesaid, is 
hereby authorized to take and hold, by purchase or other- 
wise, and to convey to and into the said city, the waters 
of Meetinghouse pond in the town of AYestiuiiister and 
the waters which flow into and from the same, and any 
water rights connected therewith, and to take and hold, 
by purchase or otherwise, such land on and around the 
margin of said reservoir, not exceeding five rods in width, 
as may be necessary for the preservation and purity of 
said wateis : provided, Jioivever, if it shall be necessary to 
take any lands within said five rods and within the limits 
of any highway or town way in said Westminster, then 
all damages, cost and expense resulting from the reloca- 
tion or reconstruction of the same under proper legal 
proceedings, shall be assessed upon and paid by the said 
city of Fitchburg ; and to take and hold in like manner 
such lands as may be necessary for erecting and maintain- 
ing dams and reservoirs, and for laying and maintaining 
conduits, pipes, drains and other works for collecting, 
conducting and distributing said waters through and to 
said city. 

Section 3. Said city is authorized to lay all necessary 
and proper aqueducts and pipes over or under any water- 
course, street, railroad, highway or other ways, or over 
private lands, in such a manner as not to unnecessarily 
obstruct or impede travel thereon ; and may enter upon 
and dig up any such road, street or way, for the purpose 
of laying down said pipes beneath the surface thereof and 
for maintaining and replacing the same ; but always in such 
manner and with such care as not to render the roads, 
streets and ways unnecessarily unsafe or inconvenient to 
the public travel thereon. Said city in performing said 
work shall be subject to such reasonable regulations as to 
time, place and manner of digging up any streets or ways 
of public travel, for the purpose aforesaid, as shall be 
made by the selectmen of the town of Westminster, within 
the limits of said town, for the protection of the public 
rights of passage thereon. 

Section 4. Said city is also authorized to take and 
hold, by purchase or otherwise, the waters of Wyman's 
reservoir, so-called, in the town of Westminster, and the 



Acts, 1892. — Chap. 60. 5'J 

waters which flow into and from the same, and any water 
rights connected therewith, to be used as a compensating 
reservoir for all damages that would otherwise arise to 
mill owners by reason of the taking and diverting of the 
waters of "Wachusctt lake and Meetinghouse pond ; and 
to take and hold in like manner such lands as may be 
necessary for building, erecting and maintaining a dam 
for storing and distributing said waters. Said city is 
authorized to contract with mill owners whose rights are 
ailectcd, in relation to the manner and mode of using, 
controlling and operating said compensating reservoir. 

Sectiox 5. Nothing in this act contained shall be so Westminster 
construed as to prevent or restrict the said town of West- deprhedof 
minster, at any time hereafter, from taking so much of the ^•a^eVsVf*''^ 
waters of said Meetinirhouse pond and the waters flow- Meetinghouse 

C ^ . ^ , , pond. 

ing into the same as may be required for the purpose ot 
supplying its inhabitants with pure water for domestic, 
tire and other uses, having previously obtained legislative 
authority for so doing. And in case the said town of P^^^^etu °f 
AVestminster shall so take the waters of said pond, the 
said town shall pay to the said city of Fitchburg such sum 
of money as shall be agreed upon by said town and said 
city as the just and proportionate part or share of said 
town of AVestminster, of the amount of damages that shall 
have l)een lawfully' paid by or assessed or awarded against 
said city of Fitchburg for taking the waters of said Meet- 
inghouse pond or water rights therein or connected 
therewith, under the provisions of this act And in case 
said city of Fitchburg and said town of Westminster shall 
not agree upon the amount to be paid as aforesaid to said 
city of Fitchburg, then either party may petition the 
superior court for the appointment of a commission of 
three suitable persons, who shall hear the parties and 
determine the amount of money that shall be paid by said 
town to the city of Fitch]>urg as the just and proportion- 
ate share or part of said town, for damages lawfully paid 
by, assessed or awarded against said city of Fitchburg for 
the taking of the waters of said Meetinghouse pond and 
the waters which flow into the same, and for injury to 
water rights consequent upon such taking, under the pro- 
visions of this act. 

Section 6. The said city shall, within ninety days Tofliein 
after the taking of any lands, rights of way, water rights, deeds^psLp- 
water sources or easements as aforesaid, other than by e'^c°*^taken'?*' 



00 Acts, 1892. — Chap. 60. 

purchnse, file and cause to be recorded in the registry of 

deeds for the northern district of the county of Worcester, 

a d'scription thereof sufficiently accurate for identification, 

with a statement of the purpose for which the same are 

taken, signed by the water commissioners of said citv. 

of'lSufglo^ Section 7. The said city shall pay all damages 'sus- 

daraages. taiucd by any peison 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 city under the authority of this act, except that said 

city shall not be liable to pay any damages resulting from 

taking water from said Wachusett lake and Meetinghouse 

pond other than the state itself would be legally liable to 

pay. Any person or corporation entitled to damages as 

aforesaid under this act, who fails to agree with said city 

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 application at any time within the period of 

three yeai s from the taking of such land or other property 

or the doing of any other injury, under the authority of 

this act ; but no such application shall be made after the 

No application cxpiration of said three years. No application for assess- 

d°ni'a"e8 unm uicut of daumgcs shall be made for the taking of any water, 

ruy^withdrawn. "^vatcr right or injury thereto, until the water is actually 

withdrawn or diverted by said city under the authority of 

this act. 

hii% witer''' Section 8. The said city may, for the purpose ot 

Loan not to paying the necessary expenses and lial)ilities incurred 

exceed $300,UOO. ' , ^,i . . '^ ^ ,'. . ,. 

under the provisions ot this act, issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate three hundred thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words. City of 
Fitchburg 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 centum per annum, and shall be 
signed by the treasurer and countersigned by the ma3'"or. 
May sell Said oitv may sell such securities at public or private sale 

public or' ^ or pledge the same for money borrowed for the purposes 
of this act, but the same shall not be sold or pledged for 
less than the par value thereof. The provisions of chapter 
twenty-nine of the Public Statutes and of chapter one 
hundred twenty-nine of the acts of the year eighteen 



private sale, etc. 



Acts, 1892. — Chap. 61. 61 

hundred eiuhty-four shall in all other respects apply to 
the is>ue of said bonds, notes or scrip and to the estal)lish- 
meut of a sinkinir fund for the payment thereof at maturity. 

Section y. AVhoever wilfully or wantonly corrupts, Penalty for wii 

"^ , 111] fully corrupting 

pollutes or diverts any ot the waters taken or held under or diverting 
this act, or injures any structure, work or other property ^''^'''^' 
owned, held 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 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 tine not exceeding three hundred dollars or by 
imprisonment not exceeding one year. 

Section 10. This act sliall take etiect upon its passage. 

Approved March 14, 1892. 

An Act to supply the town of orange with water. (Jhcm. Gl 

Be it enacted, etc., as folloics : 

Section 1. The town of Orange may supply itself J°^^y^^^y 
and its inhabitants with water for the extinguishment of 8".pp'y its'-if 

c 1 1 • 1 '^"'^ water. 

fires and tor 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, ^^t^'ersor^'' 
may take, by purchase or otherwise, and hold the waters North pond, etc. 
of North pond, so-called, or of any other ponds, springs, 
streams, artesian or driven wells or filter galleries, within 
the limits of said town of Orange, 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 Orange ; and may erect on the land 
thus taken or held, proper dams, buildings, fixtures and 
other structures, and may make excavations, procure 
and operate machinery, and provide such other means and 
appliances as may be necessary for the establishment and 
maintenance of complete and effective water works ; 
and may construct and lay down conduits, pipes and ^^.^u'^fgfp.^eg 
other works, under or over any lands, water-courses, and other 
railroads, or public or private ways, and along any such 
way in such manner as not unnecessarily to oi)struct the 
same ; and for the purpose of constructing, maintaining 



62 



Acts, 1892. — Chap. G1. 



May dig up 
lands, etc. 



To file in the 
regii<try of deeds 
wiihiu sixty 
days, a descrip- 
tiou of Ian Is, 
etc., taiicn. 



Payment of 
damages by the 
town. 



No application 
for damages to 
be made until 
the water is 
actually taken. 



Orange Water 
Loan not to ex- 
ceed •$:2o,000. 



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 hindrance to public travel on such 
ways. 

Section 3. The said town shall, within sixty days after 
the taking of any lands, rights of way, water rights, water 
sources or easements as aforesaid, otherwise than b}' pur- 
chase, file and cause to be recorded in the registry of 
deeds for the county and district within which such lands 
or other property is situated, a description thereof suffi- 
ciently 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 tow^n 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, 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 w'ithdrawn 
or diverted by said tow^n 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 any amount not exceeding in the 
aggregate one hundred and twenty-five thousand dollars ; 
such bonds, notes and scrip shall bear on their face the 
words, Orange Water Loan ; shall be payable at the 
expiration of periods not exceeding thirty years from 
the date of issue ; shall bear interest payable semi-annually 
at a rate not exceeding six per centum per annum, and 



Acts, 1S92. — Chap. 61. 03 

sliall lie si'trncd by the treasurer and be countersigned by 
the selectmen of the town. The said town may sell such 
securities at [lublic or private sale or jiledge the same tor 
money borrowed for the purpose of this act, and upon 
such terms and conditions as it may deem proper. The Payment of 
said town shall pay the interest on said loan as it accrues, sinkrogfuudto 
and shall jirovide at the time of contracting said loan for ^e esiauiuhed. 
the estai>lishment of a sinking fund, and shall annually 
contribute to such fund a sum sufficient w^ith the accumu- 
lations thereof to pay the principal of said loan at maturity. 
The said sinking fund shall remain inviolate and pledged 
to the payment of said loan and shall be used for no other 
purpose. 

Section 6. The said town instead of establishing a May provide for 
sinking fund may, at the time of authorizing said loan, hTlMuai^pro"'^" 
provide for the payment thereof in such annual propor- ^^"eDur"''"*^' 
tionate payments 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 
of chapter eleven of the Public Statutes shall state the ^^iukJlTg flid^ 
amount of any sinking fund established under this act, established. 
and if none is established 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 anuu- 
taxation a sum which, with the income derived from the suffic^ient'wuh"' 
water rates, will be sufficient to pay the current annual '^°ate™ratM"to 
expenses of operating its water works and the interest as ™eet expenses, 
it accrues on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contriljutions 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 Tuptin^ot^' 
this act, or injures any structure, work or other property livening water. 
owned, held or used by said town under the authority 
and for the purposes of this act, shall forfeit and pay to 



64 



Acts, 1802. — Chap. G2. 



Board of water 
commiBsioners 
to be elected. 



To be trustees 
of the sinking 
fund. 



Subject to ac- 
ceptance by a 
two thirds vote 
at any time 
within three 



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 10. The said town shall, after the acceptance 
of this act, at a legal meeting called for the purpose, elect 
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 
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 com- 
missioners, who shall be subject however to such instruc- 
tions, 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 transac- 
tion 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 eff'ect upon its accept- 
ance by a two thirds vote of the voters of said town pres- 
ent 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 
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 liallots the check-list 
shall be used in the same manner as it is used at elections 
of national, state and county ofiicers. 

Approved March 15^ 1892. 



QllCLT). 62 ^^ ^^^ RELATIVE TO THE REMOVAL OF TRUANTS TO UNION OR 

COUNTY TRUANT SCHOOLS. 

.Be it enacted, etc., as follows: 
Removals to SECTION 1. Scctiou one of chapter four hundred and 

union or county .^, -,, ^ . , 

truant schools, twcuty-six of the acts of the year eighteen hundred and 



Acts, 1892. — Chap. 63. 65 

ninety-one is liereby amended by inserting in the second g^f^amlnded. 
line, tifter the word " union", the words : — or county, — 
by inserting in the fourth line, after the word " commit- 
ment", the words: — and with the consent of the county 
commissioners of the county in which such truant school 
is established, — and by inserting in the seventh line, 
after the word " union", the words : — or county, — so as 
to read as follows: — Section 1, The school committee Removal of 

n • . , • j_ i- 1 truants to union 

or any city or town m any county or counties where a or county 
union or county truant school has been or shall hereafter "•"»"' ^choou. 
be established, may, with the approval of the court mak- 
ing the original commitment and with the consent of the 
county commissioners of the county in which such truant 
school is established, 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 or county truant school to complete the term for 
which they were originally committed, subject however to 
the provisions of law as to release before the expiration of 
such term. 

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

Apx^roved March 15, 1892. 

An Acr relative to the packing and branding of nails. Ch(l7) 63 

Be it enacted, etc., as follows: 

Section 1. Wire nails shall be packed and the pack- wire naiis to be 

• 1 1 • /-!• • packed and 

ages marked or branded as required by sections nrty-six branded. 
and fifty-seven of chapter sixty of the Public Statutes in 57. ' ' 
the case of wrought and cut nails. 

Section 2. If a cask, package or quantity of wrought Penalty for 

' 1. o -1 «^ cj 8€lliD£r, etc.* 

or cut nails, wire nails or brads, manufactured in this casks, etc.'of 
Commonwealth or elsewhere and not branded or marked branded. 
as required by said section fifty-seven, is offered or 
exposed for sale within this Commonwealth or put on 
board a vessel or carriage of conveyance, excepting 
when so put on board in order to be carried out of the 
Commonwealth, the same shall be forfeited. 

Section 3. Whoever counterfeits a brand used or penalty for 
intended to be used for the pur|)Ose of marking a cask of e^c^.^a'^bn'nd'f ' 
nails or brads, or destroys or alters a mark or impression of caakl'^etc!"'' 
made by another person's brand on a cask of wrought or 
cut nails, wire nails or brads, and causes a different 
impression by such counterfeit brand to be marked or 
impressed thereon, or shifts any such nails or brads from 



66 Acts, 1892. — Chaps. G4, 65. 

one branded cask to another and therel)y avails himself 
of another person's brand, shall forfeit twenty dollars. 
Disposition of SECTION 4. All nionevs for forfeitures recovered or 

lorititurGS ^ 

received by virtue of this act shall enure one half to the 

informer and one half to the Commonwealth, 
i^^p^^i- Sectiox 5. Sections fifty-eight, fifty-nine and sixty 

of chapter sixty of the Public Statutes are hereby 

repealed. 
Jo*«j^«^|*f|<=' Section 6. This act shall take eifect upon the first 

day of July in the year eighteen hundred and ninety-two. 

ApT^roved March 15^ 1892. 

Chap. 64 ^N Act to authorize the city of brockton to make an 

ADDITIONAL WATER LOAN. 

Be it enacted^ etc., as folloivs: 

Brockton Water Section 1. The city of Brockton, for the purposes 

increased mentioned in section four of chapter one hundred and 

twenty-four of the acts of the year eighteen hundred and 

seventy-eight, may issue from time to time notes, bonds 

or scrip, signed by its tieasurer and countersigned by its 

mayor, to be denominated on the face thereof, Brockton 

Water Loan, to an amount not exceeding one hundred 

thousand dollars in addition to the amounts heretofore 

authorized by law to be issued by the town or city of 

Brockton for the same purposes ; said notes, bonds or 

sciip to be issued upon the same terras and conditions 

and with the same powers as are provided in said act for 

the issue of the Brockton water loan by the town of 

Proviso. Brockton : provided, that the whole amount of such notes, 

bonds or scrij) issued by said town and city for the same 

purposes shall not exceed the amount of six hundred and 

twenty thousand dollars. 

acc^i\tuce b a Section 2. This act shall take effect upon its ac- 

two thirds vote ccptauce by a vote of two thirds of all the members of 

coudcil"^ each branch of the city council of said city of Brockton. 

Approved March 15, 1892. 

ChaV' 65 ^^ ^^"^ ^^ AUTHORIZE THE CITY OF LAWRENCE TO MAINTAIN A 
BRIDGE OVER THE NORTH CANAL OF THE ESSEX COMPANY ON 
BROADWAY IN SAID CITY. 

Be it enacted, etc., as follows: 
^Mg^o^erAe Section 1. The city of Lawrence is hereby author- 
north canai of J2ed and required hereafter to maintain and keep in o:ood 

the Essex Com- . J . , . ^ ■, i i i i i> 

pany. rcpau* a sumcient bridge over the north canal and lock oi 



Acts, 1892. — Chaps. 66, 67. 67 

the Essex Company where said canal crosses Broadway in 
said city ; and the said Essex Company is hereby relieved 
and discharged from all duty and liability imposed upon 
said company by the fourth section of chapter one hundred 
and sixty-three of the acts of the year eighteen hundred 
and forty-tive or any act in addition thereto, to make and 
maintain such bridge. 

Section 2. The agreement of indenture executed by Agreement and 
and between the said city of Lawrence and the said Essex fied. 
Company, on the thirty-tirst day of July in the year eight- 
een hundred and ninety-one, providing for the mainte- 
nance of such bridge by the said city of Lawrence, and the 
discharge of the said Essex Company from all further duty 
or liability in respect thereto, is hereby ratified and 
confirmed. 

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

Approved March 15, 1892. 



Cliap. QQ 



An Act to adthorize the feoffees of the grammar school 
in the toavn of ipswich to sell and convey certain real 

ESTATE. 

Be it enacted, etc., asfoUoivs: 

Section J . The feoffees of the grammar school in the May eeii, etc., 
town of Ipswich may sell and convey by deed executed esut^"'^ 
by their treasurer, all their rights and interest in Jeffreys 
Neck pasture in said Ipswich. 

Section 2. Said feoflees may deposit the net proceeds Disposition of 
of such sale in any savings bank in this Commonwealth, p"""*^®^ so sa . 
or may invest the same in any securities in which such 
savings banks are now or may hereafter be authorized to 
invest their deposits, the income thereof to be used for 
the support of said grammar school, agreeable to an act 
incorporating certain persons as feoffees of said school and 
for regulating the same, passed in the year seventeen 
hundred and sixty-five and made perpetual by an act 
passed on the fourteenth day of February in the year sev- 
enteen hundred and eighty-seven. 

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

Approved March 15, 1892. 



An Act to raise the standard of the illuminating power fii^^ a' 

OF GAS. -^ 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter sixty-one of f886'256-^is^o 



68 



Acts, 1892. — Chap. 68. 



Inspection and 
testing of illu- 
miBating gas. 



Penalty. 



and fifty of the acts of the year eighteen hundred nnd 
eighty-six and cha[)ter two hundred and tifty-two of the 
acts of the year eighteen hundred and ninety, is hereby 
amended by striking out in the thirteenth Sine of said 
section, the word " fifteen", and inserting in phice thereof 
the word : — sixteen, — so as to read as follows : — iSec- 
tion 14. The gas of every company supplying more than 
fifty consumers shall be inspected at least twice a year, 
and one additional inspection shall be made for every six 
million cubic feet of gas supplied by each company; but 
the gas of no company shall be inspected oftener than 
once a wxek. All such inspections shall be made by the 
inspector or his assistant, and one fourth at least of all 
such inspections shall be made by the inspector. The gas 
shall be tested for illuminating power by means of a disc 
photometer, and, during such test, shall be burned from 
the Imrner best adapted to it, which is at the same time 
suitable for domestic use, and at as near the rate of iive 
feet per hour as is practicable. When the gas of any 
company is found on three consecutive inspections to give 
less light than sixteen standard English candles, or to 
contain more than twenty grains of sulphur or ten grains 
of ammonia per hundred cubic feet of gas, or any sulphu- 
retted hydrogen, a fine of one hundred dollars shall be 
paid by such company to the city or town supplied by it. 
When during the test the consumption of gas varies from 
five feet per hour, or the candle from one hundred and 
twenty grains per hour, a proportionate correction shall 
be made for the candle power. 

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

Approved March 15, 1892. 

GhttV, 68 "^^ ^^^ AUTHORIZING ADVANCES TO THE METROPOLITAN SEWERAGE 

COMMISSIONERS. 

Be it enacted, etc., as foUoios: 

Section 1 . Until the completion of the systems of 
seweiage provided for in chapter four hundred and thirty- 
nine of the acts of the year eighteen hundred and eighty- 
nine, the clerk of the board of metropolitan sewerage 
commissioners or such other person as said board may desig- 
nate, may have advanced to him from the money in the 
treasury of the Commonwealth known as the Metropoli- 
tan Sewerage Loan, such sums, not exceeding ten thou- 
sand dollais at any time, as the auditor may certify to be 



Advances from 
the treaBury 
may be made to 
commiseioners. 



Acts, 1892, — Chap. 60. G9 

necessary to enable said board to make direct payment 
upon its pay rolls and other accounts. The person so 
designated by said board shall give a bond with sufficient 
sureties, to be approved by the auditor of the Common- 
wealth, iu the sum of teu thousand dollars. 

Section 2. As soon as may be after expending such dmiroTsums 
advance, and in any case within thirty days from the ^^j-jid^ed^to be 
receipt thereof, the officer who has received money of the auditor. 
Commonwealth under the provisions of this act shall file 
with the auditor a statement in detail of the sums ex- 
pended subsequent to the previous accounting, approved 
by the board, if any, authorized to supervise such expendi- 
ture, and, where it is practicable to obtain them, receipts 
or other like vouchers of the persons to whom the pay- 
ments have been made. 

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

Approved March 16^ 1892. 

As Act relating to the laying out of ways m the town of Ohdt) 69 

BROO KLINE. 

Be it enacted^ etc., as follows : 

Section 1. In the lajnng out, locating anew, altering Laying out, 
or widening of ways in the town of Brookline, whether jng, etc.', ways ' 
made under the provisions of law authorizing the assess- "^ 
ment of betterments or not, the selectmen of said town 
and the county commissioners of Norfolk county shall 
have power to lay out and reserve, between tbe side lines 
of such ways, spaces for the special use of persons riding 
on horseback ; for the special use of street railways, 
wbether operated by animal or other power, on such con- 
ditions and subject to such regulations as the selectmen 
of the said town may from time to time adopt, and for 
special use as planting spaces: provided., hoiuever, that Proviso. 
no way in said town, laid out, located anew, altered or 
widened by said selectmen under this act, shall be estab- 
lished until the same shall have been accepted and allowed 
by said town, in town meeting, in 'the manner now or 
hereafter provided b\' law for the acceptance and allow- 
ance by towns of town ways. 

Section 2. This act shall take effect upon its passage subject t« 
so far as to allow said town to vote upon the acceptance majority'votZ ^ 
thereof, but shall not take full effect until the same shall 
have been accepted by a majority of the voters of said 
^own present and voting by ballot at a town meeting 
(.ailed for this purpo.se. Approved Mardi W, 1892. 



70 



Acts, 1892. — Chaps. 70, 71. 



Abolition of 
grade crossings 
in tbe city 
of Newton. 

1S90, 428. 



dlCLp, 70 ^N Act relating to the abolition of grade crossings in the 

CITY OF NEWTON. 

Be it enacted, etc. , as folloivs : 

Section 1. Authority is hereby given to the mayor 
and aldermen of the city of Newton, and to the directors 
of the Boston and Albany Railroad Company, to include 
in any petition under the provisions of chapter four hun- 
dred and twenty-eight of the acts of the year eighteen 
hundred and ninety for the abolition of grade crossings 
upon the main line of said railroad company, any and all 
crossings of said railroad by ways above the grade of said 
railroad, and also all private ways over or across said rail- 
road or the property of said railroad company; and the 
superior court and the justices thereof, and any commis- 
sion appointed thereb}', are also authorized to deal with 
and to include any and all such crossings above grade and 
private ways in any proceedings relating thereto, to the 
same extent as if they were respectively crossings of 
public ways at the level of the railroad ; and said court 
and commission are authorized to make, by suitable open- 
ings or otherwise, provision for future crossings of said 
railroad by new streets to be hereafter laid out; and all 
provisions of said chapter four hundred and twenty-eight 
and any acts in amendment thereof shall api)ly to all the 
provisions of this act and crossings named therein. 

Section 2. Any owner of private rights of way over 
said railroad, whose rights of way are injured or destroyed 
by any proceedings under this act, may recover damages 
therefor in the manner damages may be recovered under 
said chapter four hundred and twenty-eight of the acts of 
the year eighteen hundred and ninety and acts amendatory 
thereof. 

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

Approved March 17, 1892. 



Recovery of 
damages. 



Chap 



1887, 194, 
§ 2 amended 



^-^ An Act to autuobize the city of somerville to provide for 
the payment of its funded debt by annual payments ok 
such amounts as will in the aggregate extinguish the 
same within the time limited by law. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
ninety four of the acts of the year eighteen hundred and 
eighty-seven is hereby amended by striking out all after 
the word " payment", in the sixteenth line, and inserting 



Acts, 1892. — Chap. 71. 71 

in place tliercof the following words : — and for the pay- 
ment from time to time of the outstanding notes, bonds 
or scrip, which shall constitute the said remainder of its 
indclitodness, as they shall severally mature, in such 
annual proportionate sums as will extinguish, or in annual 
payments of such amounts as Avill in the aggregate extin- 
guish, said indebtedness or the loans incurred in payment 
of the same or any part thereof, within the time hereby 
authorized ; and the amount required for such payments 
shall without further vote l)e assessed by the assessors of 
said city in each year thereafter until the said indebtedness 
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, — so as to read 
as follows : — Section 2. Tiie said city, availing itself of ^o^tLScTsTr 
the provisions of the foregoing; section, may issue new fcnp, and pstab- 

,, .^~.®., -, lisb a sinking 

notes, bonds or scrip, irom tmie to tmie, as the outstand- fund. 
ing notes, bonds or scrip, which shall then constitute the 
remainder of its indebtedness, shall severally mature, for 
the purpose of providing for the payment of the same, 
and may make said notes, bonds or scrip, so issued as 
aforesaid, payable at a time not exceeding twenty years 
from the date of said issue, 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 suffi- 
cient, with its accumulations, to pay said notes, bonds or 
scrip, so issued as aforesaid, at their maturity ; or, instead ^in^,™propor- 
of providing for the payment of the said remainder of the tionaiepay- 

.].,,., .'■,'' . 1 /• • t 1 ii meuts instead 

said indebtedness m the manner just beiore provided, the ofesiabushing 
said city may provide for its payment, and for the pay- *'°''"^ 
ment from time to time of the outstanding notes, bonds 
or scrip, w^hich shall constitute the said remainder of its 
indel)tedness, as they shall severally mature, in such 
annual proportionate suras as will extinguish, or in annual 
payments of such amounts as will in the aggregate extin- 
guish, said indebtedness or the loans incurred in payment 
of the same or any part thereof, within the time hereby 
authorized; and the amount required for such payments Amount re- 
shall without further vote be assessed by the assessors of assessed" by the 
said city in each year thereafter until the said indebtedness 
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 2. This act shall take effect upon its passage. 

Approved March 17^ 1892. 



asBesaors. 



72 Acts, 1892. — Chaps. 72, 73, 74. 



Chap. 72 An Act to authorize the Massachusetts medical benevolent 

SOCIETY TO HOLD ADDITIONAL KEAL AND PERSONAL ESTATE. 

Be it enacted^ etc., as follows: 

uonaf^eauu'd" Section 1. The MassRcliusetts Medicjil Benevolent 
personal ewtate. Societj is hereby authorized to hold real and personal 
estate not exceeding in value the sum of one hundred and 
fifty thousand dollars. 

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

Approved March 17, 1892. 

(JJiap. 73 ^'^ ^^"^ '^O INCORPORATE THE WILDEY SAVINGS BANK IN THE CITY 

OF BOSTON. 

Be it enacted, etc. , as folloics ; 

B^^jJov^lf^ Section 1. Henry Denver, John J. Whipple, Henry 
rated. A. Thouias, Hoi'ace W. Stickney, J. Lawrence Martin, 

Charles Q. Tirrell, Edwin L. Pilsbury, Charles N. Alex- 
ander, Francis Jewett, William F. Cook, John H. Locke, 
Charles E. Hibbard, John M. Ra} mond, George H. How- 
ard, AsaT. Newhall, Alexander B. Bruce, Samuel C. Hart, 
Francis E. Harrington, Herbert A. Chase, their associates 
• and successors, are hereby made a corporation by the name 

of the Wildey Savings Bank, to be located in the city of 
Boston ; with all the powers and privileges and subject to 
all the duties, liabilities and restrictions set forth in the 
general laws which now are or may hereafter be in force 
relatino; to savinjjs banks and institutions for savincfs. 
Section 2. This act shall take efiect upon its passage. 

Approved March 18, 1892. 

ChaV' 74 ^^ ^^^ RELATING TO THE TAKING OF OYSTERS IN THE TOWN OF 

YARMOUTH. 

Be it enacted, etc., as folloius : 

p. 8. 91, §94, Section ninety-four of chapter ninety-one of the Public 

Statutes is hereby amended by inserting in the fifth line 
thereof, after the word " town", the words : — except the 
town of Yarmouth, — so as to read as follows : — Section 
Taking of 94. The mayor and aldermen of a cit}' or selectmen of a 

latedT ^^^^' town in which there are oyster beds may grant a permit 
in writing to any person to take oysters from their beds 
at such times, in such quantities, and for such uses, as they 
shall express in their permit ; and every inhabitant of such 
city or town, except the town of Yarmouth, may, without 



Acts, 1892. — Chap. 75. 73 

such peniiit, take oysters from the beds therein for the use 
of liis family, from the tirst day of September to the first 
day of June, not exceeding in any weelv two bushels, 
including the shells. Approved March 18, 1892. 

An Act to dissolve certain corporations. ChCLl). 75 

Be it enacted, etc., as folloios: 

Section 1. Such of the following named corporations corporations 
as are not already legally dissolved, viz. : — ibso ve . 

Acushuet Paper Company, The, 
Adams Paper Compan3^ 
Agawam Co-operative Shoe Company, 
Albert-Type Printing Company, The, 
Albion Lead Works, 
Alexander Compan}^ The, 
Allston Car Wheel Company, 
AUston Steel Wheel Company, 
American Art Foundry, The, 
American Carpet Cleaning Compaii}^, 
American Carpet Lining Company, 
American Consolidated Fire Extinguisher Company, 
American Co-operative Boot and Slioe Company, The, 
American Diorama Company, The, 
American Electric Company, 

American Electric Light Company of Massachusetts, The, 
American Furniture Company, The, 
American Gas Lighting Company, The, 
American Gas Screen Manufacturing Company, 
American Homes Publishing Company, The, 
American Horse Collar Company, 
American Liiproved Gas Light Company of Boston, 
American Improved Gas Light Company of Lawrence, 
American Improved Gas Light Company of Lowell, 
American Improved Gas Light Compan}' of Massachu- 
setts, 
American Machine Company, 
American Magnesium Company, 
American Marble Cutting Company, 
American Mercantile Company, 
American IMetallic Tubing Compan}', 
American Needle Loom Compan}^, The, 
American Nickel Plating Works, 
American Powder Company, 
American Railway Frog Company, 
American Straw Sewing Machine Company, 
American Street Light Reflector Company, 
American Tablet Manufacturing Company, 



74 Acts, 1892. — Chap. 75. 

Corporations American Wirino- Machine Company, The, 

Anchor Tape and Webbing Company, 
Apollo Manufacturing Company, The, 
Aquapelle Company, 

Arms and Bardwell Manufacturing Company, The, 
Aromatic Pillow Company, 
Art Newspaper Company, The, 
Askie Manufacturing Compan}^, 
Assonet Fishing Company, 
Athol Music Hall Association, 

Atlantic and Gulf Steam Transportation Company, 
Atlantic Car Company, 
Atlas Horse Nail Companj^, 
Attleboro' Coffee House Company, 
Attleboro' Grocery Company, The, 
Attleborough Steam Power Company, 
Automatic Music Paper Company, 
Automatic Roller Toboggan Company, 
Automatic Sliding Company, The, 
Avery Carbonic Acid Gas Company, 
Avon Stone Company, The, 
Ayer Telephone Exchange Company, The, 
Baker Water Motor Company, 
Ball Glove Fastening Company, 
Ballou Boot and Shoe Sewing Machine Company, 
Banker and Tradesman Publishing Compau}', 
Banning Celluloid Supporter Companj-, 
Barretts Junction Water Power Company, The, 
Battery Wharf Company, 
Bay State Arms Company, The, 
Bay State Boot and Shoe Manufacturing Company, 
Bay State Cash Carrier Company, 
Bay State Comb Company, 
Bay State Fire Insurance Company, 
Bay State Hardware Company, 
Bay State Telephone Company, The, 
Bay State Wheel Company, 
Beamau Manufacturing Company, 
Beaver River Mills, 
Beckwith Lumber Company, 
Bedford Manufacturing Company, 
Bee Hive Works, 
Bel Air Manufacturing Company, 
Bengal Bagging Company, 

Benjamin Franklin Co-operative Council of the Sover- 
eigns of Industry, No. 76, of Mass., 
Benson Patent Manufacturing Compauj', The, 
Berkshire Paper Company, The, 
Beverly Citizens Co-operative Store, The, 



Acts, 1892. — Chap. 75. 75 

Biekford Spiuucr and Knitting IMacbine Company, Corporations 

Big Flat Gravel Mining Company, 

Black Kiver Mining Company, 

Blue Ilill Land Company, 

Bond Cracker Company, 

Border City Mills, 

Boston and Breckenridge Smelting Company, 

Boston and Colorado Gold INIining Company, 

Boston and Fairbaven Iron Works, 

Boston and ^Maine Foundry Company, 

Boston and New York Rubber Company, 

Boston and New York Slate and Tile Company, 

Boston and Nortbern Telepbone Company, 

Boston and Ricbmond Steamsbip Company, 

Boston and Sandwicb Boot and Sboe Company, 

Boston and Vermont Telegrapb Company, 

Boston Asplialt Paving Block Company, 

Boston Bijou Tbeatre Company, 

Boston Box and Tag Company, 

Boston Car Spring Company, 

Boston City Flour Mills, 

Boston Coffee House Company, 

Boston Color Printing Company, 

Boston Consolidated Produce Company, Tbe, 

Boston Co-operative Savings Company, Tbe, 

Boston Co-operative Store, 

Boston Copper Mining Company, Tbe, 

Boston Copj'ing Company, Tbe, 

Boston Elastic Fabric Company, 

Boston Electric Railway Signal Company, Tbe, 

Boston Gas Improvement Company, 

Boston Heel and Leatber Compan}', 

Boston Hydraulic Gold Mining Company, 

Boston Insurance Company, 

Boston Iron Compan}^, 

Boston Ivory Manufacturing Company, 

Boston Lock Compan}^, 

Boston JNIacbine Compan}'^, 

Boston Marquetry Flooring Company, The, 

Boston Metallic Harness Lug Company, Tbe, 

Boston INIortgage Company, 

Boston Multiple Color Printing Company, 

Boston Needle Company, 

Boston News Company, Tbe, 

Boston Oil Company, 

Boston Optical Company, 

Boston Post Company, 

Boston Preserving Company, 

Boston Red Stone Company, 



76 Acts, 1892. — Chap. 75. 

Corporations BostOll RolHu^ Mills, 

(iiSSOlVGCl 

Boston Roofing and Tile Corporation, The 

Boston Screw Company, 

Boston Skating Rink Association, 

Boston Tool Company, 

Boston Transportation Company, The, 

Boston Varnish and Paint Company, 

Boston AVheat and Bread Company, 

Boylston Fire and Marine Insurance Company, 

Boynton Packing Company, 

Bramanvilie Cotton Mills, 

Brockton Co-operative Cash Store, 

Brockton Telephone Compan}^, 

Brockway Pyroxyline Manufacturing Corporation, 

Bullion Consolidated Mining Company, 

Burling Mills, 

Busell Edge Trimmer Company, 

C F. Simonds Hotel Company, The, 

Cambridge and Somerville Electric Light Company, 

Cambridge Brick Compau}-, 

Cambridge Improvement Company, 

Cambridge Land and Building Association, 

Canadian Stop Motion Company, The, 

Canton Aqueduct Corix)ration, 

Cape Cod Canal Company, 

Cari-oU Paper Company, 

Cary Manufacturing Company, 

Casino Amusement Company, The, 

Centennial Co-operative Boot and Shoe Company, The, 

Central Manufacturing Company, 

Chapiu Paper and Pulp Company, The, 

Chapman Valve Company, 

Charles Arms Manufacturing Company, The, 

Charles River Navigation Company, 

Charles River Steam Navigation Company, The, 

Charles River Steamboat Company, The, 

Chas. W. Copeland Manufacturing Company, 

Charlestowu "Workingmen's Co-operative Association, 

Chelsea Sovereigus Co-operative Association, The, 

Childs' Elastic Heel and Shank Company, 

Chrolithiou Manufacturing Company, 

Cigar ^Manufacturers Co-operative Association, 

Citizens' Gas Compan}^, The, 

City Fire Insurance Company, 

Civil Service Co-operative Society, The, 

Clement and Hawkes Manufacturing Company, 

Coggeshall Manufacturing Co., The, 

Cold Blast Refrigerator Company, 

Columbus Hotel Company, 



Acts, 1892. — Chap. 75. 77 

Compasnie d' Imprimcrie Cauadieuue Francaise de Corporations 

T 11 • dissolved. 

Lowell, 

C'ouaut ^Manufacturing" Coini)any, 

Concentric Chuck Company, The, 

Concord Granite Company, 

Consolidated Edge and Heel Trimmer Company, The, 

Consolidated Wax Thread Sewing Machine Company, 

Conway Fire Insurance Company, 

Cook Tree Protective Company of Boston, Massachu- 
setts, 

Co-operative Association No. 76, Sovereigns of Industry, 

Co-operative Furniture Company, 

Co-operative INIarket of AVebster, 

Co-operative Mutual Homestead Company, The, 

Co-operative Workiugmen's Corporation, 

Craighead & Kintz Manufacturing Company, The, 

Cromptou Carpet Company, 

Crown Hill Phosphate Company, 

Cumberland Brown Stone Company, 

Danvers Carpet Company, 

Danvers Skating Rink Association, The, 

Democrat Publishing Company, 

Domestic Needle Works, 

Dorchester Co-operative Store, The, 

Douglas Axe Manufacturing Company, 

Douglas Woolen Company, The, 

Dracut Nickel Mining Corporation, The, 

Drake Gas Light Company, 

Dudley Hosiery Mills, 

Dunbar Company, 

Dunlap and Lyman Manufacturing Company, 

Duplex Tag Company, 

Duralite Manufacturing Company, The, 

Dwight and Hoyt Construction Company, 

E. A. Bliss Company, The, 

E. Carver Company, 

E. R. Barnes & Company, Limited, 

Eagle Cotton Company, 

Eagle Metallic Brush Company, 

Eagle Odorless Apparatus Company of Boston and 
Philadelphia, The, 

Eagle Turkey Red Dyeing Company, The, 

East Abington Crispin Co-opei-ative Association, 

East Haven Company, 

East Liverpool Manufacturing Company, 

Eastern Marine Railway Company, 

Eastern Slate Company of Boston, The, 

Eastern Stone Company, 

Economic Gas Light Company, 



78 Acts, 1892. — Chap. 75. 

^'o'^py^at'o°« Economist Publishing Company, The, 

Electric Lighting and Telegraph Company, The, 

Electric Telegraph Instruction Company, The, 

Elliot Fire Insurance Company, 

Ellis Gas Burner Company, 

Ellis Saw Compan}^, 

Ellsworth Shade Manufacturing Company, The, 

Eutre Rios Eastern Railway Company, The, 

Equitable Gas Company of Springfield, 

Equitable Pioneer Co-operative Association, 

Essex Co-operative Boot and Shoe Company, 

Essex Mill Corporation, 

Estes Plow Company, 

Eureka Ventilating Horse Cover Company, 

European Globe Nail Company, 

Excelsior Box Company, 

Exchange Insurance Company, 

F. B. Rogers Silver Ware and Cutlery Company, 

Fairbanks Co-operative Medical Company, 

Fairhaveu Iron Works, 

Fall River Daily Sun Publishing Company, The, 

Fall River Print Works, 

Farmer-Calder Rod Packing Company, 

Farmers and Mechanics Co-operative Association, The, 

Farnum Cotton Mills, 

Felton Paper Company, 

Fidelity Assurance Company of Massachusetts, 

Firemen's Insurance Company, 

Plrst Mutual Fire Insurance Company of Boston, 

First Weymouth Laborers Co-operative Association, 

First Worcester Co-operative Grocery and Provision 

Association, 
Fitchburg Carbonized Stone and Pipe Company, 
Fitchburg Flour Company, 
Fitchburg Gold and Silver Mining Company, 
Fitchburg Scythe and Tool Company, 
Fitchburg Tool Company, 
Flax Pond Water Company, 
Florence Mercantile Company, 
Florence Sewing Machine Company, 
Forest HHl Company, 
Forest Hill Garden Company, 
Forest River Lead Company, 
Forge Village Horse Nail Company, 
Foundry and Machine Company, 
Framiugham Light, Heat and Power Company, 
Franco-American Publication Societ}^, The, 
Francouia Iron and Steel Company, 
Franklin Co-operative Boot and Shoe Company, The, 



Acts, 1892. — Chap. 75. 79 

Franklin Electric Gas Lighting Company, The, Corporations 

Franklin Insurance Company, 

Franklin Rubber Company, 

Franklin Stock Company, 

Freuyear and Razee Company, The, 

Gage Chuck Company, The, 

Gardner Industrial Co-operative Association, 

Gardner IManufacturing Company, 

Gas Light Improvement Company, The, 

Gay Machine and Tool Company, 

Gazette Publishing Company, 

George F.'Bhike Manufacturing Company, 

George Noyes Ploughman Company, 

George Woods Compan}^, 

German- American Powder Company, 

Gillespie Governor Company, 

Glass Pipe and Pump Company, 

Gleudale Woolen Company, 

Globe Insurance Company, 

Globe Publishing Company, The, 

Gloucester Copper Paint Company, 

Gloucester Fire Insurance Company, 

Golden Rule Publishing Company, The, 

Good Times Publishing Company, The, 

Goodyear Rubber Company, 

Gordon and Duggan Safety-Switch Company, The, 

Gosuold JMills, 

Gosnold Working Men's Co-operative Association, 

Goulding Mills, 

Grafton jNIills, 

Grant Corundum Wlieel Company, 

Greenfield Co-operative Manufacturing Company, 

Greenfield Sovereigns Co-operative Association, The, 

Greenfield Tool Company, 

Greenfield Tool Works, The, 

Greylock Manufacturing Company, 

Gunn Curtis Company, The, 

Hall Elevator Safety Attachment Company, 

Hall Treadle Company, 

Hamilton Vocalion Organ Manufacturing Company, 

Hampden Card Company, 

Hampden Envelope Company, 

Hampden Narrow Fabric Company, 

Hampden Whip Company, 

Hampshire ]Manufacturing Company of Huntington, 

Hampton Slate Company, 

Hancock Sewing Machine Company, 

Harbor Improvement Company, 

Haskins Engine Company, 



80 Acts, 1892. — Chap. 75. 

Corporations Haskins Steam Engine Company, 

Hatfield Co-operative Creamery Company, The, 
Hatlieway Steamship Company, 
Haverhill Pioneer Co-operative Association, 
Haverhill Steamboat Express Company, 
Hayden Company, The, 
Haj'den Tobacco Works, 
Haywardville Rubber Company, 
Hecla Card and Paper Company, The, 
Hide and Leatlier Insurance Company, 
Hide and Leather Machine Company, 
Hiugham Manufacturing Company, The, 
Hinkley Locomotive Works, 
Hiscox File Manufacturing Company, 
Holliston Mills, 

Holyoke Co-operative Association, 
Hoosac jNLxnufacturing Company, 
Hopewell Mills, 

Hopkins Watch Tool Company, 
Hotel Pemberton Company, 
Hotel Rebate Association, 
Howard Fire Insurance Company, 
Howard Mills, 

Howard Safet}^ Boiler Manufacturing Company, The, 
Huguenot AVoolen Company, 
Huntoon JNLanufacturing Company, The, 
Huston Ships Berth Company, 
Hyde Park Grain and Feed Company, 
Illustrated News Company, 
Illustrated Press Company, The, 
Improved Rotary Heel Company, The, 
India Manufacturing Company, 

Irish American Leader Printing and Publishing Co-oper- 
ative Association, The, 
J. C. Clark Printing Company, The, 
J. C. Hoadley Company, 
J. R. Nichols Corporation, 
Jackson Shell Roll Co., 
Jaros Manufacturing Company, 
Jersey Milk and Cream Company, The, 
Jessup and Laflin Paper Company, 
John Russell Manufacturing Company, 
John Stetson Company, The, 
Jones Patent Last Company, The, 
Journal Company, The, 

Justifier Printing and Publishing Company, The, 
K. of L. Co-operative Association of North Adams, 
Keeler Manufacturing Company, 
Kellogg Steam Power Company, 



Acts, 1892. — Chap. 75. 81 

Kenoza Street Railway Company, Corporations 

Kuapp Shade Roller Company, 

lvnii>lits of Labor Co-operative Boot and Shoe Company, 

The, 
Knights of Labor Co-operative Publishing Company, 
Knights of Labor Co-operative Store Association, The, 
Labor Journal Co-operative Publishing Company, The, 
Ladd Gimlet Screw Company, 
Latiin Manufacturing Company, The, 
Lainesoie Manufacturing Company, 
Lamsou Cash Railway Company, The, 
Laskey Manufacturing Company, The, 
Lawrence Fire Lisurance Company of Boston, 
Lawrence Manufacturing Power Company, 
Lawrence White Iron Portable Grist Mill Company, 
Lawrence Woolen Company, 
Lawrence Worsted Mills, 
Leader Publishing Company, The, 
Lechraere Distributing Association, 
Lechemere Rendering Company, 
Lenox Glass Works, 
Lenox Iron Works, 
Lenox Plate Glass Company, 
Leonard Co-operative Foundry Company, 
Lexington Mineral Paint Company, The, 
Leydeu Cheese Manufacturing Association, 
Lighthall Cable Tramway Company of Boston, 
Liuwood Woolen Company, 
Litchfield Lumber Company, 

Lithotype Printing and Publishing Company, The, 
Lord and Gale Manufacturing Company, The, 
Long Beach Railroad Company, 
Longley Machine Company, 
Loring Paper and Twine Company, 
Lowell Card Compan}', 
Lowell District Telephone Company, The, 
Lowell Knitting Machinery Company, 
Lowell Plaster Company, 
Lowell Spool and Bobbin Company, 
L'Union Co-operative Franco-Canadienne de Fall River, 

Mass., 
Lynn Cycle Club Ti-ack Association, 
Lynn Lampblack Company, The, 
Lynn Sovereign Co-operative Company, The, 
Malachite Mining Company, 
Malleson-Bartlett Rod Company, The, 
Mammoth Slate Company, The, 
Manchester Granite Company, 
Manufacturers Gas Company, 



82 Acts, 1892. — Chap. 75. 

di88o?v*d°°* Manufacturers Gas Light Company of New Euglantl, 

Manufacturers' Insurance Company, 
Marlaud Manufacturing Company, 
Mary Process Company', 
Massachusetts and New Hampshire River Eafting and 

Steamboat Company, 
Massachusetts Cigar Makers Co-operative Association, 
Massachusetts Guaranty Compan}', 
Massachusetts Pulsion Telephone Company, 
Massasoit Packing Company, 
May Novelty Turning Company, 
Mayo Electric Manufacturing Company, The, 
Mechanics Mutual Insurance Company, 
Mercantile Advertising Bond Manufacturing Company, 
Merchants Insurance Company in Boston, The, 
Merchants Insurance Company of Boston, 
Merchants Mutual Mustard Companj'^, 
Merino Shoe Company, 

Merrimack Navigation and Express Company, 
Metallic Splice Manufacturing Company, 
Methuen Co-operative Association, The, 
Middlesex Newspaper Company, The, 
Midland Improvement and Construction Compau}', The, 
jNIill River Button Company, 
Millers River Gas Light Company, 
Milton Granite Company, 
Milton Manufacturing Company, 
Molecular Telephone Company of New England, 
JMontaup Mills, 

Monument Sovereigns Distributing Association, The, 
Morgan Silver Company, 
Morning Star Company, The, 
Mount Laffee Coal Company, 
Mount Pleasant Coal Company, 
Mount Tom Elastic Fabrics Company, 
INIount Washington Glass Works, 
Mumford Council Co-operative Association, 
Munroe Paper Company, 
Mutual District Messenger Compau}', 
Mutual News Company, The, 
Mystic Rubber Company, 
Nantasket Beach Hotel Compan}^ 
Nantasket Electric Light & Power Company, 
Nantasket Steamboat Company, The, 
Nantucket Surfside Company, 
Narragansett Oil and Guano Company, 
Natick Co-operative Store, 
National Alarm Company, The, 
National Carbureter Corporation, The, 



Acts, 1892. — Chap. 75. 83 

National Color Printinsr Company, The, Corporations 

National Cotton-(Tiu Company, 

National Druggists Glass Company, 

National Insurance Company, 

National K. of L. Co-operative Elastic Fabric Company, 

Tlie, 
National Whalebone Company', 
Neponset Cotton Factor}', 
New American Carpet Lining Company, 
New Bedford Ilerdic Company, 
New England Automatic Gas Lighting Company, 
New England Boot and Shoe Heel Company, The, 
New England Brick Company, 
New England Bunting Company, 
New E^nglaud Chemical Fire-Engine Company, 
New England Construction Company, 
New P^ngland Fuel Economizer Company, The, 
New England Hod Elevating Company, 
New England Horse Shoe Company, 
New England Iron Compan}', 
New England Manufacturing Company, 
New England Marble Company, The, 
New England Metallic Brick-Press Company, The, 
New P^ugland Mining and Reduction Company, 
New England Paving Company, 
New England Pipe Works, 
New England Pump Manufacturing Company, 
New England Scale Board Bos Company, 
New England Slate and Tile Company, 
New England Spring Bed Company, 
New England Steam Car Company, 
New P^ngland Table Food Corporation, The, 
New England Transfer Graining Company, 
New P^ngland Type Foundry Company, 
New England Vise Company, 
New Hampshire Granite Company, 
New Jersey Bottle Company, The, 
New York Watch Company, 
North American Fire Insurance Company, 
North Attleborough Union Building Association, 
North Brookfield Building Association, 
North Star Manufacturing Company, The, 
Northern Massachusetts Telephone Company, 
Northern New England Hay & Grain Carrier Company, 
Northern River Rafting & Steamboat Company, 
Norton Manufacturing Company, The, 
Novelty Manufacturing Company, 
Novelty Steam Heating Company, 
Ocean Mills Company, 



84 Acts, 1892. — Chap. 75. 

Corporations Qdd Fellows Hall Association of Beverly, 

Old Colony Co-operative Association, The, 
Oleomargarine Company of Massachusetts, 
Olympian Club, The, 

Onward Cigarmakers Co-operative Association, 
Ordway Corset Bone Company, The, 
Palmer Wire Company, 
Palmer Wire Goods Company, 
Parks Carpet Company, 
Patent Heel Company, 

Patrons & Sovereigns Co-operative Company, 
Payson and Cutler Manufacturing Company, The, 
Peet Moulding Machine Company, 
Pentucket Mills, 

Peoples Fire Insurance Company, 
Peoples Union Insurance Company, 
Pequaig Hosiery Company, 
Perennial Garden Company of Boston, The, 
Pettiugell Chimney Cap Company, 
Plienix Machine Company, 
Pigeon Cove Granite Company, 
Pittsfield Public Hall and Rink, 
Pittsfield Tack Company, 
Pittsfield Woolen Company, 
Planet Lumber and Shingle Company, 
Plummer Granite Company, 
Plnnket Manufacturing Company, 
Pomeroy Iron Company, The, 
Portable Electric Light Company, The, 
Porter Manufacturing Company, 
Porter Needle Company, 
Portland Brick Company, 
Portland P. Q. Phosphate Company, 
Potter Ore Bed Company, The, 
Powow Co-operative Society of Amesbury and Salisbury, 

The, 
Preseott Fire and Marine Insurance Company, 
Prusha Rubber Clothing Company, 
Putnam Tool Company, 
Quincy Gas Light Company, 
Raddin Elastic Car Wheel Company, The, 
Rand Avery Company, 

Rayer & Lincoln Seaming Machine Company, The, 
Raynham Co-operative Boot and Shoe Company, 
Readers and AVriters Economy Company, 
Reading Agricultural and Mechanics Association, 
Redding Electrical Company, 
Revere Brick Company, 
Revere Fire Insurance Company, 



Acts, 1892. — Chap. 75. 85 

Riverside Flock Company, The, Oorpotatiooe 

uversule Lumber Company, 
Robinson Dyeinij and Finishing Company, 
Rocket Journal Packing Company, 
Rockport Hide Manufacturing Company, 
Rockport Water Company, 
Rockville Mills, 

Rogers & Bacon Piano Company, The, 
Rogers Upright Piano Company, 
RoUstone Machine Works, 
Rotary Heel Manufacturing Company, 
Rotary Shuttle Sewing Machine Company, 
Rubber Step Manufacturing Companj^, 
Sagamore Co-operative Boot and Shoe Company, 
Sagamore Gas Light and Heating Company, The, 
Sagamore Mill, 

Salem and Magnolia Steamboat Company, The, 
Salem and New York Express Steamship Company, 
Salem Foundry and Machine Shop, 
Salem Marine Railway Corporation, 
Salem Shade Roller Manufacturing Company, 
Salmon Water and Steam Heater Company, The, 
Salter Silk Company, 
Samoset Cotton Mills, 
Saunders Silk Company, 

Sawyer Improved Observatory Compan}', The, 
Schenck Continuous Excavator Company, The, 
Science Compan}'^, The, 
Scituate Co-operative Shoe Company, 
Shapleigh Mills, 
Shaw Locomotive Company, 
Shaw's Union Air Engine Company, 
Shawmut Ii'on AVorks, 
Sheffield China Clay Company, 
Sheffield Manufacturing Company, 
Shoe and Leather Dealer's Fire and Marine Insurance 

Company, 
Silica Mining Company, The, 
Silver Dale Manufacturing Company, 
Silver Ledge Mining Company, 
Snow Paper Company, 
Sonora Milling & Mining Company, The, 
South Abington Workingmen's Co-operative Grocery & 

Provision Association, 
South Athol Manufacturing Company, 
South Boston Barge Company, The, 
South Boston Iron Company, * 

South Shore Steamship Company, The, 
South Williamstown Cheese Factory Company, 



86 Acts, 1892. — Chap. 75. 

Corporations Southbriclge Buttoii Company, 

Southfield Shoe Lace Company, 
Southfield Whip Company, 
Sovereigns Co-operative Company of Salem, 
Sovereigns Co-operative Store, The, 
Spencer Hotel Company, 
Spring Water Compaii}-, 
Springfield and Newbnryport Co-operative Mining 

Company, 
Springfield Bicycle Manufacturing Company, 
Springfield Blanket Company, 
Springfield Bridge, The Proprietors of The, 
Springfield Electric Light Company, The, 
Springfield Glue and Emery Wheel Company, 
Springfield Herald Co-operative Publishing Company, 
SpringHeld Printing Company, 
Springfield Sewing Machine Company, 
Springfield Soapstone Company, The, 
Spurr Manufacturing Company, 
Standard File Company, The, 
Standard Fuel Company, 

Standard Lamp and Glass Pipe Company, The, 
Standard Pipe Company, 
Standard Pipe Covering Company, The, 
Standard Pulp Company, The, 
Standard Twine Cutter Company, 
Star Company, The, 
Star Mills, 

Star Newspaper Compan}^, The, 
Star Publishing Company, 
State Publishing Company, The, 
Statesman Publishing Company, 
Stearns Furniture Company', 
Stearns Manufacturing Company, The, 
Stedman and Fuller Manufacturing Company, 
Steel Refining and Tempering Company, The, 
Sterling Lithographic Company, 
Stevens Furnace Compan}^ 
Stoneham Co-operative Shoe Company, 
Strange's Cylinder Saw and Machine Company, 
Sturbridge Aqueduct Company, 
Suburban Telephone Company, 
Suffolk Bottling Company, 

Suffolk County Democrat Publishing Company, The, 
Suffolk Fire Insurance Company, 
Suffolk Glass Company, 
Suffolk Milling Company, 
Sun Electric and Illuminating Company, 
Sunapee Saw-Mill Company, 



Acts, 1892. — Chap. 75. 87 

Swain Turbine Compan3% S^oh^d °"^ 

Swain Turbine and Manufacturing Company, 

Swansea Bleach and Uye Works, 

Taunton Woolen Company, 

Taylor and Farley Organ Company, 

Teliuantepec Inter-Ocean Railroad Company, 

Telegram Publishing Company, The, 

Temporary Binder Compan}', 

Tenexine Company, 

Thayer & Judd Faraffine Corporation, 

Thomas Rice Paper Company, 

Thorp Manufacturing Company, The, 

Times Publishing Company, 

Topeka and James Creek Consolidated Gold and Silver 

Mining Company, 
Touruaphone Music Company, The, 
Traveller Newspaper Association, 
Tremout Boot and Shoe Company, 
Tremont Foundry Company, The, 
Tremout Insurance Company, 
Trinidad Asphalt Pavement Company of the City of 

Boston, 
Tripp Metallic Packing Company, 
Tropical Products Company, The, 
Trumbull Granite Company, 
Tucker Manufacturing Company, 
Tucum Manufacturing Company, 
Tufts Brick Manufacturing Company, 
Tufts Elevator Works, 
Tully Mill Company, 
Tunyoap Manufacturing Company, 
Union and Bay State Manufacturing Company, The, 
Union Bark Mill Company, The, 
Union Canadieuue Co-operative, 
Union Chemical Company, 
Union Cigar Makers Co-operative Association, 
Union Comb Company, 
Union Co-operative Canadienne de Lowell, 
Union Counter Company, 
Union Furnace Company, 
Union Mill Company, 
Union Oil Cup Company, 
Union Paper Manufacturing Company, 
Union Print Works, 
Union Stone Company, 
Union Vise Company, 

United Neighbors' Co-operative Store, The, 
United States and Azorean Steam Packet Company, The, 
United States Electric Light Company, 



88 Acts, 1892. — Chap. 75. 

Corporations United States Instantaneous Photographic Company, 

United States Manufacturing Compan}', 
United States Street Lighting Company, 
Upham Machine Company, 
Vacuum Refrigerator Company, The, 
Vendome Cigar Manufacturing Company, The, 
Vendome Hotel Company, 
Vineyard Haven Gas and Electric Company, 
Vineyard Telegraph Company, 
Virginia Construction Company, 
Vitrified Emery Wheel Company, 
Vitrified Wheel and Emery Company, The, 
Vulcan Furnace Company, 
W. G. Medlicott Company, 
W. T. M. Injector Company, 
W. X. Stevens Tool Company, The, 
Wachusett Mills, 
Wachusett Mountain Company, 
Wakefield Co-operative Shoe Company, 
Walpole Hair and Bedding Manufacturing Company, 
Walter Heywood Chair Company, 
Ward Fertilizer Company, 
Ward Mining Company, 
Ware River Woolen Company, The, 
Warner File Company, 
Washington Insurance Company, 
Washington INIills, 

Weldou Low Water Alarm Gauge Corporation, The, 
Wells River Manufacturing Company, 
Wentworth Manufacturing Company, The, 
West and Lee Game and Printing Company, 
West End Land and Improvement Company, 
West India Importing and Manufacturing Company, The, 
Westboro' Co-operative Creamery Company, 
Westboro' Co-operative Union, 
Westfield Cigar Makei-s Co-operative Association, 
Weymouth Iron Company, 
Whitehead & Atherton Machine Company, 
Wilder Stove Shelf and Machine Company, 
Williams Manufacturing Corporation, 
Williamstown Hotel Company, 
Williamstown, Mass., Watch Company, 
Willow Dale Company, 
Willow Dale Manufacturing Company, 
Winona Paper Company, 
Winslow's Rheumatic Plaster Company, 
Winthrop Manufacturing Company, 
Wire Fabric Rubber Company, 
WoUaston Wharf and Dock Company, 



Acts, 1892. — Chap. 7G. 89 

AVoiulerfnl Churu IMamifacturing Company of Westfield, ^i3;;'^'°"* 
INInss., The, 

"Wood and I.iglit Machine Company, 

AVoodniau Pebbling Machine Company, 

AVorcester Casket Company, 

AVorcester Ilerdic Phaeton Company, 

AVorcester IMalleable Iron Company, The, 

AVorcester Organ Company, The, 

AYorld Newspaper Company, The, 

Young Hardware Company, 
are hereby dissolved, subject to the provisions of sections 
ff)rty-one and forty-two of chapter one hundred and five 
of the Public Statutes. 

Section 2. Nothing in this act shall be construed to Pending suits 
affect any suits now pending by or against any corporation affec°ed%tc. 
mentioned in the first section of this act, nor any suit now 
pending or hereafter brought for any liability now existing 
against the stockholders or officers thereof, nor to revive 
any charter or corporation previously dissolved or annulled, 
nor to make valid any defective organization of any of the 
supposed corporations mentioned in said first section. 

Section 3. Suits upon choses in action arising out of ^^^'/Jp°°^^;^jj_ 
contracts sold or assio:ned by any corporation dissolved etc., may be 
by this act may be brought or prosecuted in the name of name of the 
the purchaser or assignee. The fact of sale or assignment L" iguee!' ""^ 
and of purchase by the plaintiff shall be set forth in the 
writ or other process ; and the defendant may avail him- 
self of any matter of defence of which he might have 
availed himself, in a suit upon the claim by such corpora- 
tion, had it not been dissolved by this act. 

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

Approved March 19, 1892. 

An Act to incorporate the Cambridge firemen's relief asso- QJidj)^ 7(5 

CIATION. 

Be it enacted, etc. , as foUoivs : 

Section 1. Thomas J. Casey, James Cunningham, Cambridge 
Charles Emerson, William J. Hanna, Daniel E. Shea, ueUef'Associa- 
Francis P. Scanlan, John Gaughan, John H. Brown, Wil- '^^,1^' 
liam F. Newman, George W. Butler, William B. Cade, 
their associates and successors, all of whom shall be mem- 
bers of the fire department of the city of Cambridge, are 
hereby made a corporation by the name of the Cambridge 
Firemen's Helief Association, in the city of Cambridge, 
for the purpose of assisting the families of deceased mem- 



90 



Acts, 1892. — Chaps. 77, 78. 



Not subject to 
laws relating to 
life insurance 
companies. 

Not to be eum- 
nooncd as 
trustee, etc. 



Real and per- 
sonal estate not 
to exceed 
$100,000. 



bers of said association, and the members thereof when 
sick or disabled or upon their resignation or discharge 
from the fire department of said Cambridge ; with all the 
powers and privileges and subject to all the liabilities, 
duties and restrictions set forth in all general laws which 
now are or may hereafter be in force relating to such cor- 
porations : 2)rovided, that said corporation shall not be 
subject to the laws relating to life insurance companies ; 
shall not be required to make a return to the insurance 
commissioner, and shall not be summoned as trustee in 
any action or process against any person or persons who 
may hereafter be entitled to assistance from said corpora- 
tion under the by-laws thereof or under the provisions of 
this act. 

Section 2. Said corporation, for the purposes afore- 
said, shall have power to receive grants, devises, bequests 
and donations, and may hold real and personal estate to 
an amount not exceeding one hundred thousand dollars. 

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

Approved March 19, 1892. 



(Jlian. 77 -^^ ^^^ ^^ authorize the WORCESTER POLYTECHNIC INSTITUTE 
TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows : 

^oLulti'^nd Section 1. The Worcester Polytechnic Institute is 

personal estate, hereby authoi'ized to receive by gift, devise, bequest or 

otherwise, and to hold and use for the purposes for which 

said institute w'as incorporated, real and personal estate 

to an amount not exceeding two million dollars. 

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

Approved March 19, 1892. 



Chop. 78 ^^ -^^^ "^^ AUTHORIZE THE NEWBURTPORT HOWARD BENEVOLENT 
SOCIETY TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., asfolloivs: 
Maj hold addi- Section 1. The Newburvport Howard Benevolent 

tionul rcftl find 

personal estate. Socicty is hereby authorized and empowered to take and 
hold real and personal estate to an amount not exceeding 
five hundred thousand dollars. 
Gifts, grants, Section 2. All gifts, grants, devises, legacies and 

conflrmedtetc. coiiveyanccs heretofore .made to said corporation are 
hereby ratified, confirmed and made valid, notwithstanding 
the same, separately or in connection with other gifts or 



Acts, 1892. — Chap. 79. 91 

property held by or belouging to said corporation, exceed ^c^'^.X'"^' 
in value the sum of ten thousand dollars ; and the said coiiectedand 
corporation is hereby authorized and empowered to collect 
and hold any such gifts, grants, devises, legacies or 
conveyances. 

Sec^iox 3. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

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

Approved March 19, 1892. 

An Act to authorize the quinct electric freight railway QJiqji 79 
company to change a portion of the location of its 

RAILWAY. 

Be it enacted, etc., as folloivs : 

Section 1. The Quincy Electric Freight Railway May change a 
Company is hereby authorized to change the location of krca\To"n°of'itB 
its railway, as set forth in section two of chapter three '^'"'^"i'- 
hundred and fifty-nine of the acts of the year eighteen 
hundred and ninety-one, between the intersection of 
AVharf street with Washington street in Quincy, and the 
head of Bent's creek on Howard street, also between the 
intersection of Quarry street with Granite street and 
the yard of the Old Colony Railroad Company, near the 
Quincy Adams station ; also between the intersection of 
School street with Pleasant street and Liberty street ; 
so that in lieu of said locations between said points it may 
locate and construct its railway as follows : — Beginning New location. 
on its location granted by said act, at the intersection of 
AVharf street with Washington street, thence southwesterly 
across said Washington street with a curve, crossing the 
tracks of the Quincy and Boston Street Railway Company, 
to land now or late of one Mead, thence in a southwesterly 
direction over land of said Mead and through the land of 
the heirs of Cyrus Patch, taking therefrom a triangular 
piece with a base of twenty-four feet upon land of Mead, 
being the northwesterly portion of the land of said Patch, 
the apex thereof to be at the southwesterly corner of said 
land of Patch, but not to include any land within ten feet 
of the northwesterly corner of the dwelling hduse as it 
now stands on said land of Patch, also through land of 
one Thomas, thence running in a southwesterly and 
northwesterly direction over land of Redding, Smith, 
Baxter, Hayden and Newcomb, or by whomsoever owned, 
to Howard street at the head of Bent's creek, so-called, 



92 



Acts, 1892. — Chap. 80. 



New location. 



May take land, 
etc. 



Subject to the 
provisions of 
1891, 359. 



thence across said Howard street to the location here- 
tofore granted. Also beginning at the intersection of 
Quarry street with Granite street, thence across Granite 
street, thence in a southeasterly and southerly direction 
over land of one Peirce and one Fletcher, thence in a 
southwesterly direction over land of Wood, Young and 
Baxter, or by whomsoever owned, to Water street, thence 
across said Water street, crossing the tracks of the Quincy 
and Boston Street Railway Company, thence in a south- 
easterly direction over a private way called Brooks road, 
on land of the Adams real estate trust, to Liberty street, 
and there to intersect with the location heretofore granted. 
And said company is hereby authorized to take land, not 
exceeding fifty feet in width, on the above described 
routes, except that on the land of said Patch it shall not 
take hind except to the width hereinbefore provided. The 
locations hereby granted are to be subject to the same 
provisions as are set forth in said chapter three hundred 
and fifty-nine of the acts of the year eighteen hundred and 
ninety-one, in relation to the locations therein granted. 
Section 2. This act shall take effect upon its passage. 

Approved March 19, 1892. 



Chap. 80 



Support, main- 
tenance and 
repair of 
Lagoon bridge. 



Repairing and 
tending draw to 
be under direc- 
tion of the 
county commis- 
Biouers. 



Liability for 
damages. 



An Act defining the liability of the towns of cottage city 
and tisbury for the maintenance of lagoon bridge and 
for damages resulting from defects therein; also deter- 
mining the duties of the county commissioners in respect 
to the draw of said bridge. 

Be it enacted, etc., as follows : 

Section 1. The towns of Cottage City and Tisbury 
shall support, maintain and repair the bridge over the 
canal or creek connecting Vineyard Haven harbor with 
Lagoon pond, so-called, and the expense of such support, 
maintenance and repair shall be borne equally by said 
towns. 

Section 2. The repairing and tending of the draw in 
said bridge shall be under the direction of the county 
commissioners of the county of Dukes County, who shall 
pay the expense thereof from the county treasury of said 
county and assess the same in equal parts upon the towns 
of Cottage City and Tisbury. 

Section 3. Said towns shall be respectively liable 
under the limitations of the law for damages resulting 
from defects in said bridge, and all costs, damages and 



Acts, 1892. — Chaps. 81, 82. ' 93 

expenses sustained by either town on account thereof shall 
be borne equally by said towns. 

Section 4. All acts and parts of acts inconsistent with Repeal. 
this act are hereby repealed. 

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

Aijproved March 19, 1892. 

An Act to authorize the city of Worcester to make an (^^^n. 81 

ADDITIONAL WATER LOAN. 

Be it enacted, etc. , as foUoivs : 

Section 1 . The city council of the city of Worcester, May make an 
for the purposes named in the third section of chapter two loan.'""" ^^''^'^ 
hundred and sixty-eight of the acts of the year eighteen 
hundred and eighty-one, for the purpose of making an 
addition to the dam at the Holden reservoir, for the settle- 
ment of damages occasioned by the taking of the waters 
of Tatnuck brook, and for any other necessary expendi- 
tures in connection with the extension of the water works 
of the said city, is hereby authorized to borrow from time 
to time such sums of money, to an amount not exceeding- 
three hundred thousand dollars in addition to the amounts 
heretofore authorized, as it shall deem necessary, subject 
to the provisions of chapter twenty-nine of the Public 
Statutes. 

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

Approved March 19, 1892. 

An Act authorizing the shawmut congregational society n-Lf,y. Q9 

OF BOSTON to SELL ITS PROPERTY. ^ ' 

Be it enacted, etc., as follows : 

Section 1 . The Shawmut Congregational Society of May seii land 
Boston is hereby authorized to sell its meetinghouse and housTtherlou, 
the land upon which it is located, and use the proceeds 
thereof in the erection of another edifice in the city of 
Boston or in any other municipality adjacent thereto ; or 
may unite with any other society of the same denomina- 
tion, or otherwise dispose of the proceeds for the benefit 
of the congregational denomination, as said society shall 
elect. 

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

Approved March 19, 1892. 



etc. 



94 



Acts, 1892. — Chaps. 83, 84, 85. 



1890, 183, § 1 
amended. 



Women and 
niiuors not to be 
employed in 
manulacluriDg 
between 
ten o'clock at 
night and six 
o'clock in the 
morning. 



(JJiap. 83 ^^ ^^"^ ^^ RELATION TO THE EMPLOYMENT OF WOMEN AND MINORS 
FOR THE PURPOSE OF MANUFACTURING. 

Be it enacted^ etc., as follows : 

Section one of chapter one hundred and eighty-three 
of the acts of the year eighteen hundred and ninety is 
hereby amended by inserting, in the first line, after the 
word "no", the words : — person or, — and by striking 
out, in the first and second lines, the words "manufac- 
turing establishment in this Commonwealth ", and insert- 
ing in place thereof the words : — officer or agent thereof, 
— so as to read as follows: — Section 1. No person or 
corporation, or officer or agent thereof, shall emplo}' any 
woman or minor in any capacity for the purpose of manu- 
facturing, between the hours of ten o'clock at night and 
six o'clock in the morning, under the penalty of not less 
than twenty nor more than fifty dollars for each and every 
ofience. Approved March 19, 1892. 

Chctp. 84 An Act to increase the number of trustees of the Worces- 
ter DISTRICT METHODIST EPISCOPAL CHURCH CAMP MEETING 
ASSOCIATION. 

Be it enacted^ etc., asfolloivs: 

Section three of chapter one hundred and seventeen 
of the acts of the year eighteen hundred and fifty-six is 
hereby amended by striking out the words " than five, or 
more than nine", in the second line of said section, and 
inserting in place thereof the words : — than six, or more 
than eleven, one of whom shall be, ex ofiicio, the presid- 
ing elder of the district, — so as to read as follows : — 
/Section 3. The number of trustees of the aforesaid 
association shall at no time be less than six, or more than 
eleven, one of whom shall be, ex officio, the presiding 
elder of the district, a majority of whom shall constitute 
a quorum for doing business ; and all vacancies that may 
occur by death, or otherwise, shall be filled by the 
preachers and tent-masters of said camp meeting at the 
annual meeting. Approved 3Iarch 19, 1892. 

QllCVn. 85 An Act to authorize the fitchburg street railway company 

TO EXTEND ITS TRACKS AND TO PURCHASE THE LEOMINSTER STREET 
RAILWAY AND TO CHANGE THE NAME OF THE FORMER CORPORATION. 

Be it enacted, etc., as follows: 
May construct, Section 1. The Fitchburg Street Eailwav Company 

etc.. Its railway ... i-i '..'^■^ 

overstreets, is hcrcb}^ autliorizcd to construct, extend, maintain and 
of Leominster, opcratc Its strcct railway over any streets and highways 



1856, 117, § 3 
amended. 



Number of 
trustees; 
quorum, vacan- 
cieB, etc. 



Acts, 1892. — Chap. 85. 95 

in the town of Leominster upon which locations may here- 
after from time to time be granted to said cor{)oration by 
the selectmen of said town, in the same manner and with 
the same powers as it is now authorized by law to do in 
the city of Fitchburg, and to connect w'ith the locations 
of said street railway in said city of Fitchburg. 

Section 2. Said corporation is authorized to purchase May purchase 
and pay for the rights, franchise and property of the ofThVLeom. ' 
Leominster Street liailway Company, and said Leominster ua'uvify'"'' 
Street Railway Company is authorized to sell, convey and company, etc. 
assign its franchise and property and all the rights, ease- 
ments, privileges, locations and powers granted or in any 
way belonging to it, to the said Fitchburg Street Railway 
Company, which company shall, upon such conveyance 
being made, have and enjoy all the rights, powers, privi- 
leges, locations, easements, franchises and property which 
heretofore belonged to, or were in any way owned by, the 
said Leominster Street Kailway Company, subject to the 
duties, liabilities and restrictions applicable to the same 
under the general laws relating to street railway com- 
panies ; and each of said corporations is hereby authorized 
to lease to the other any part or all of the road and other 
property of the corporation so leasing : j^^'ovided, liow^ver, Proviso. 
that such purchase and sale or lease shall not be valid 
unless agreed to by the boards of directors of both said 
corporations and approved by a majority in interest of the 
stockholders of each corporation, at meetings called for 
that purpose. 

Section 3. When a purchase and sale shall have been May change 
completed in the manner hereinbefore provided, and the "ncTeate capital 
property transferred, the name of said Fitchburg Street "o°npi"fiou of 
Kailway Comi)any shall be changed to the Fitchburg and pu'i^iiase. etc. 
Leominster Street Railway Company ; and said corporation 
may, for the purpose of carrying out the authority hereby 
granted, and for the purpose of building or rebuilding its 
road over locations now or hereafter granted, and of 
equipping the same, by vote of a majority in interest of 
its stockholders, at meetings called forthe purpose, increase 
its capital stock from time to time to an amount not ex- 
ceeding two hundred and fifty thousand dollars, such 
additional stock to be disposed of in the manner provided 
in section sixteen of chapter one hundred and thirteen of 
the Public Statutes. 

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

Approved March 19, 1892. 



96 



Acts, 1892. — Chaps. 86, 87, 88. 



Court house at 
Dedhara may be 
enlarged. 



Chap. 86 ^^ ^^"^ "^^ AUTHORIZE THE ENLARGEMENT OF THE COURT HOUSE 

IN DEUHAM. 

Be it enacted, etc., as foUoivs : 

Section 1. The county commissioners of the county 
of Norfolk are authorized to enlarge the court house in 
Dedham, in said count}^ and for that purpose may bor- 
row on the credit of said county, or raise by taxation, a 
sum not exceeding seventy-five thousand dollars. 

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

Aiyproved March 19, 1892. 



Chap 



. 87 ^^ -^CT PROVIDING FOR A FIFTH ASSISTANT CLERK OF THE SUPERIOR 
COURT, CIVIL SESSION, FOR THE COUNTY OF SUFFOLK. 



Fifth assistant 
clerli of ibe 
superior court 
for the county 
of Suffolk. 



CJiap. 88 



1890, 60, § 2 
aojended. 



May hold real 
and personal 
estate not 
exceeding 
$500,000. 



Proviso. 



Be it enacted, etc., as follows: 

Section 1. The justices of the superior court, or a 
majority of them, may appoint a fifth assistant clerk of 
said court, for civil business, for the county of Suffolk, who 
shall be subject to the provisions of law applicable to assis- 
tant clerks of courts in said county, and who shall receive 
in full for all services performed by him an annual salary 
of twenty-two hundred dollars, to be paid by said county. 

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

Approved March 19, 1892. 

An Act relating to the Marlborough hospital. 

Be it enacted, etc., as follows: 

Section two of chapter sixt}' of the acts of the year 
eighteen hundred and ninety is hereby amended by insert- 
ing after the word " hospital ", in the sixth line thereof, the 
words: — and said corporation may also, subject to said 
limitation of amount, purchase and hold real estate in the 
city of Marlborough, — so as to read as follows: — Sec- 
tion 2. Said corporation may receive and hold real and 
personal estate which may from time to time be given, 
granted, bequeathed or devised to it and accepted by the 
corpt-ration, to an amount not exceeding five hundred 
thousand dollars for the uses and purposes of said hospi- 
tal ; and said corporation may also, subject to said limita- 
tion of amount, purchase and hold real estate in the city 
of Marlborough : jjvovided, always, that both the principal 
and income thereof shall be appropriated according to 
the terms of the donation, devise or bequest. 

Approved March 19, 1892. 



Acts, 1892. — Chaps. 89, 90, 91, 92. 97 



An Act authokizing the chestnut hill real estate associa- Cjliriy^ gO 

TION OF MAHLHOROUGH TO REDUCE ITS CAPITAL STOCK. 

Be it enacted, etc., as foUoics: 

Sectiox 1. The Chestnut Hill Real Estate Associa- May reduce its 
tion of Marlborough is hereby authorized to reduce its <=''P"'*' ''*°'='^- 
capital stock to twenty-tive thousand dollars. 

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

Approved March 19, 1892. 



Chap. 90 



An Act to authorize the town of Plymouth to discontinue 
town dock in said town as a public landing place. 

Be it enacted, etc., as follows : 

Section 1. The town of Plymouth is authorized, at a May discontinue 
town meeting called for the purpose, to discontinue Town pubii°cfrDding* 
dock in said town as a public landing place. i''"''®- 

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

Approved March 19, 1892. 



Chap. 91 



An Act to authorize the waltham hospital to hold addi- 
tional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., asfolloivs: 

Section 1. The Waltham Hospital, incorporated by May hoid addi- 
chapter eighty nine of the acts of the year eighteen hun- pe^sonaTeBmlj. 
dred and eighty-five, is hereby authorized, for the pur- 
poses set forth in said act, to hold real and personal 
estate to an amount which together with the amounts 
heretofore authorized by law shall not exceed in the aggre- 
gate two hundred thousand dollars. 

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

Approved March 19, 1892. 

An Act to incorporate the tremont advent-christian camp ^t qq 

MEETING ASSOCIATION. L/fiap. Ju 

Be it enacted, etc., as foUoics : 

Section 1. William A. Balch, William A. Thatcher, TheTremout 
Frederick S. Stanton, Orrin L. Waters, James G. Hard- uauc"anf^"^" 
ing, James E. Perry, Bruce F, Shaw, Kicharcl A. West Meeting asso- 
and Nathaniel M. Kansom, their associates and successors, porated. 
are hereby incorpoiated under the name of The Tremont 
Advent-Christian Camp Meeting Association, to be estab- 
lished and located in that part of the town of Wareham 



98 Acts, 1892. — Chap. 93. 

known as Treraont ; for the purpose of holding and main- 
taining religious services, such as camp meetings and 
other religious meetings, suliject to all the restrictions, 
duties and liabilities, and with all the powers and privi- 
leges set forth in all general laws which now are or 
may hereafter be in force and applicable to such corpora- 
tions. 
^Tai^e^sme"" SECTION 2. Said Corporation, for the purposes named 

in the first section of this act, may hold real and personal 
estate to an amount not exceeding ten thousand dollars ; 
and ten acres of land so owned, including the buildings 
thereon belonging to the association and used exclusively 
for religious purposes or for the care and protection of 
the property of the association, shall be exempt from 
taxation. 
fot'e'^'cofsidere'd SECTION 3. All buildings, booths, tents or other things 
'■eaj^estate and ercctcd ou or afSxcd to the grounds of the association, 
Wareham. cxccpt as providcd iu the second section, shall be con- 
sidered real estate and taxable in the town of Wareham. 
m! of o^e'r's Section 4. It shall be the duty of the president, sec- 
of taxable rctarv or treasurer of the association, annually on or before 

property to be , j/ , /• n t j <• • i i ,• i 

furnished to tlic first Gay ot May, to turnish the assessors oi the town 
of Wareham a true list of the names and residences of all 
owners of buildings or other taxable property erected 
upon the grounds of the association ; and in default of 
such information the assessors of said town may tax such 
property to the association. 

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

Approved March 19, 1892. 



Chai). 93 ^^ ^^'^ '^^ ESTABLISH THE SALARIES OF THE JUSTICE AND CLERK 
OF THE POLICE COURT OF MARLBOROUGH. 

Be il enacted, etc., as folloivs : 

ma^bifBhed Section 1. The salary of the justice of the police 

court of Marlborough shall be fifteen hundred dollars a 
year, and that of the clerk of said court eight hundred 
dollars a year, to be so allowed from the first day of 
January in the year eighteen hundred and ninety-two. 
Section 2. This act shall take efi'ect upon its passage. 

\_The foregoing teas laid before the Governor on the four- 
teenth day of March, 1892, and after Jive days it had the '■''force 
of a laiu," as prescribed by the Constitution, as it teas not returned 
by him icith his objections thereto ivithin that time.^ 



Acts, 1892. — Chaps. 9^, 95. 99 



An Act to authorize the city of tadnton to make an addi- (JIku)^ 9^ 

TIONAL water LOAN. 

5e it enacted, etc., asfoUoivs: 

Sectiox 1. Tlie city of Taunton, for the purposes May make an 
mentioned in chapter two hundred and seventeen of the water°ioau. etc. 
acts of the year eighteen hundred and seventy-five, and 
subject to its terms and provisions except as lierein pro- 
vided, may issue notes, scrip or certificates of debt to be 
denominated on the face thereof, Taunton Water Loan, 
to an amount not exceeding five hundred thousand dolhirs 
in addition to the amount which said city has heretofore 
been authorized to issue, 1)earing interest at a rate not 
exceeding six per centum per annum, payable semi-annu- 
ally ; the principal shall be payable at a period not more 
than thirty years from the first day of July in the year 
eighteen hundred and ninety-two, and any premium 
derived from the sale of said notes, scrip or certificates of 
debt, shall be held by the city treasurer and shall be 
applied to the payment of the interest on the debt herein 
authorized, so far as said premium shall sufiice therefor. 
Said city shall pay the interest on said debt as it becomes sinking fund 
due, and shall establish and maintain a sinking fund and usbedTeu;. 
contribute thereto annually after the first day of January 
in the year eighteen hundred and ninety-seven, a sum 
sufficient with its accumulation to pay the principal of 
said loan at maturity ; and said sinking fund shall remain 
sacred and inviolate and pledged to the payment of said 
principal and shall be used for no other purpose ; but 
said city shall not be required to contribute to said sink- 
ing fund until said year eighteen hundred and ninety- 
seven. 

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

Approved March 22, 1892. 



CJiai). 95 



An Act to establish the salary of the clerk of the courts 

FOR the county OF BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1. The salary of the clerk of the courts for Saiary eetab- 
the county of Barnstable shall be twelve hundred and 
fifty dollars a year, to be so allowed from the first day 
of January in the year eighteen hundred and ninety-two. 

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

Approved March 22, 1892. 



lished. 



100 



Acts, 1892. — Chap. 96. 



Chctp. 96 -^^ -^CT TO ESTABLISH THE POLLS AND ESTATES OF THE SEVERAL 
CITIES AND TOWNS IN THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1, The number of polls, the amount of 
property, and the proportion of every one thousand dol- 
lars, of state tax, including polls at one tenth of a mill 
each, for each city and town in the several counties of 
the Commonwealth, as contained in the schedule hereunto 
annexed, are hereby established, and shall constitute a 
basis of apportionment for state and county taxes, until 
another is made and enacted by the legislature, to wit : — 



Basis of appor- 
tionment of 
state and 
county taxes. 



Polls, Property and Apx)ortioi\ment of State and County Tax of 

$1,000. 



Barnstable 
County. 



BARNSTABLE COUNTY. 









Tax of $1,000, 








includg Polls 


TOWNS. 


Polls. 


Property. 


at one tenth 
of a mill each. 


Barnstable, .... 


1,099 


14,079,413 00 


$1 68 


Bourne, . 








439 


1,409,157 00 


59 


Brewster, 








258 


604,185 00 


26 


Chatham, 








564 


980,088 00 


43 


Dennis, . 








790 


1,606,610 00 


70 


Easthani, 








166 


282,232 00 


13 


Falmouth, 








758 


5,948,265 00 


2 37 


Harwich, 








773 


1,189,116 00 


54 


Mashpee, 








84 


171,646 00 


07 


Orleans, . 








348 


649,662 00 


29 


Provineetown, 








1,381 


2,375,270 00 


1 05 


Sandwich, 








422 


1,035,160 00 


44 


Truro, 








259 


350,574 00 


16 


Wellfleet, 








328 


757,112 00 


33 


Yarmouth, 








517 


1,986,688 00 


82 


Total, 








8,186 


$23,425,178 00 


f9 86 



Berkshire 
County. 



Adams, 
Alford, 
Becket, 



BERKSHIRE COUNTY. 




$3,805,500 00 
252,726 00 
439,407 00 



$1 65 
11 
20 



Acts, 1892. — Chap. 96. 



101 



BERKSHIRE COUNTY — Concluded. 



Berkshire 
Couuty. 









Tax of $1,000, 








includ'g Polls 


TOWNS. 


Polls. 


Property. 


at one tenth 
ofa mill each. 


Cheshire, . . . . 


348 


$774,169 00 


$0 33 


Chu'ksburg, . 




212 


221,558 00 


11 


Dalton, . 




707 


2,671,377 00 


1 10 


E<2;reinont, 




2.16 


451,030 00 


20 


Florida, . 




128 


169,811 00 


08 


Great Barrington, . 




1,221 


3,538,680 00 


1 49 


Hancock, 




13-t 


42 1, .800 00 


18 


Hinsdale, 




443 


753,960 00 


34 


Lanesborough, 




270 


535,957 00 


23 


Lee, 




1,019 


1,970,239 00 


86 


Lenox, . 




658 


2,941,587 00 


1 20 


Monterey, 




139 


237,678 00 


11 


Mount Washington, 




34 


79,738 00 


03 


Kew Ashford, 




37 


73,723 00 


03 


New Marlborough, 




342 


607,363 00 


27 


North Adams, 




4,224 


6,208,142 00 


2 82 


Otis, 




173 


222,191 00 


10 


Peru, 




83 


120,117 00 


05 


Pittsfield, 




4,926 


12,181,687 00 


5 19 


Richmond, 




192 


489,870 00 


21 


Sandisfield, 




213 


365,904 00 


16 


Savoy, 




174 


177,909 00 


09 


Sheffield, 




482 


918,159 00 


40 


Stockbridge, . 




605 


3,412,285 00 


1 37 


Tyringhara, . 




109 


236,305 00 


10 


Washington, . 




115 


202,783 00 


09 


"West Stockbridge, . 




404 


710,745 00 


31 


Williamstown, 




942 


2,290,879 00 


98 


Windsor, 




162 


202,952 00 


09 


Total, 


• 


20,838 


147,685,731 00 


120 48 



BRISTOL COUNTY. 



Bristol County. 



Acushnet, .... 


250 


$877,879 00 


$0 29 


Attleborough, 






2,155 


4,376,533 00 


1 90 


Berkley, 






248 


492,394 00 


21 


Dartmouth, 








773 


2,224,902 00 


94 


Dighton, . 








443 


822,815 00 


36 


Easton, . 








1,282 


5,440,944 00 


2 23 


Fairhaven, 








558 


1,909,847 00 


79 


Fall River, 








19,342 


55,260,403 00 


23 24 


Freetown, 








365 


967,0.35 00 


41 



102 



Acts, 1892. — Chap. 96. 



Bristol County. 



BRISTOL COUNTY — Concluded. 



Dukes County. 







Tax of $1,000, 








TOWNS. Polls. 


Property. 


at one tenth 
ofa mill each. 


Mansfield, .... 


980 


$1,678,306 00 


$0 74 


New Bedford, 






11,160 


43.595,890 00 


17 93 


North Attleborouo;h, 






1,645 


3,991,190 00 


1 70 


Norton, . 






380 


847,976 00 


37 


Eaynham, 
Eeiioboth, 








370 

457 


976,705 00 
743,095 00 


41 
33 


Seekonk, 








312 


866,470 00 


37 


Somerset, 








559 


1,084,560 00 


47 


Swanzey, 








429 


1,384,436 00 


68 


Taunton, 








6.866 


19,577,110 00 


8 24 


Westport, 








642 


1,485,037 00 


64 


Total, 


• 






49,166 


1148,403,527 00 


$62 15 



Chilraark, 
Cottage Citj-, 
Edgartown, 
Gay Head, 
Gosnold, . 
Tisbury, . 

Total, 



DUKES COUNTY. 



121 
269 
355 
26 
41 
439 

1,261 



$232,878 00 
1,530,147 00 

809,914 00 
18,296 00 

210,493 00 
1,126,983 00 



f3,927,711 00 



Essex County. 



ESSEX COUNTY. 



Amesbury, 

Andover, 

Beverly, . 

Boxford, . 

Bradford, 

Danvers, 

Essex, 

Georgetown, 

Gloucester, 

Groveland, 

Hamilton, 

Haverhill, 

Ipswich, . 

Lawrence, 

Lynn, . 

Lynnfield, 



2,625 
1,234 
2,946 

214 
1,059 
1,960 

483 

693 
6,920 

608 

247 
8,002 

931 
12,018 
17,613 

221 



$4,740 

5,157 

14,515 

737 

2,233 

4,246 

991 

1,074 

14,727 

928 

1,058, 

21,055, 

2,799, 

32,080, 

46,071, 

603. 



,934 00 
,472 00 
,637 00 
,643 00 
,146 00 
,814 00 
,848 00 
,967 00 
,477 00 
,438 00 
,075 00 
,940 00 
,133 00 
,719 00 
,649 00 
,375 00 



Acts, 1892. — Chap. 96. 



103 



ESSEX COUNTY— Concluded. 



Esses Couuty. 









Tax of $1,000, 








liicUid'g Polls 


TOWNS. 


Polls. 


Property. 


at one tenth 
of a mill each. 


IVfaiiolK'ster, .... 


470 


18,505,576 00 


$3 33 


IMavblehead, . 






2,336 


5,315,305 00 


2 28 


iViL'rrimae, 






801 


1,511,451 00 


6i3 


Metlnu'ii, 






1,299 


3,420,005 00 


1 45 


:\Ii<l.ll('ton, 






2G5 


574,375 00 


25 


Nahaiit, . 






194 


6,330,626 00 


2 46 


Xewbnrv, 






402 


1,139,233 00 


48 


Xewburvport, 






3,903 


11,112,829 00 


4 68 


North Autlovei", 






1,001 


3,557.595 00 


1 47 


Peaboflv, 






2,862 


8,088,997 00 


3 41 


Rockport, 






896 


2,228,178 00 


95 


Rowley, . 






381 


635,869 00 


28 


Salem, . 






9,014 


28,949,-267 00 


12 06 


Salisbury, 






368 


621,321 00 


28 


Saugus, . 






1,085 


2,656,379 00 


1 13 


Swampscott, . 






722 


6,090,837 00 


2 42 


Topsfield, 






273 


1,087,964 00 


45 


Wenham, 






263 


609,289 00 


26 


West Newbi;ry, 






533 
84,741 


1,022,766 00 


45 


Total, 






$246,481,129 00 


$103 52 



FRANKLIN COUNTY. 



Ashfield, .... 


287 


$504,983 00 


$0 22 


Bernardston, 








227 


467,717 00 


20 


Buck land, 








416 


552,558 00 


26 


Charlemont, 








291 


360,245 00 


17 


Col rain, . 








394 


576,788 00 


26 


Conway, . 








370 


769,956 00 


33 


Deerfield, 








821 


1,487,115 00 


66 


Erving, . 








298 


372,516 00 


17 


Gill, 








239 


496,760 00 


22 


Greenfield, 








1,600 


5,432,008 00 


2 25 


Hawiey, . 








167 


150,985 00 


08 


Heath, . 








138 


167,167 00 


08 


Leverett, . 








217 


288,276 00 


13 


Le3'den, . 








99 


179,114 00 


08 


Moni'oe, . 








104 


134,363 00 


06 


Montague, 








1,634 


3,492,076 00 


1 51 


New Salem, 








211 


296,502 00 


14 


North field. 








441 


908,785 00 


39 


Orange, . 








1,546 


2,813,752 00 


1 24 


Rowe, 








165 


228,223 00 


10 


Shelburne, 








396 


945,332 00 


40 



Franklin 
County. 



lOA 



Acts, 1892. — Chap. 96. 



Franklin 
County. 



FRANKLIN COUNTY — Concluded. 



TOWNS. 



Shutesbury, 
Sunderland, 
Warwick, 

AVendell,. 
Whately, 

Total, 



120 
199 
165 
148 
250 



10,943 



Property. 



$155,633 00 

432,146 00 

303,442 00 

222,029 00 

480,872 00 



$22,219,343 00 



Tax of S1,(X)0, 
includ'g Polls 
at one tenth 
ofa mill each. 



$0 07 
19 
13 
10 
21 



$9 65 



Hampden 
County. 



HAMPDEN COUNTY. 



Agavvam, .... 


689 


|1,.309,646 00 


$0 56 


Blandford, 






229 


406,912 00 


18 


Brimfield, 






270 


443,306 00 


20 


Chester, . 






372 


584,348 00 


26 


Chieopee, 






3,106 


7,083,348 00 


3 04 


Granville, 






280 


367,234 00 


17 


Hampden, 






211 


404,737 00 


18 


Holland, . 






51 


94,602 00 


04 


Holyoke, . 






8,241 


24,209,988 00 


10 16 


Longmeadovv, 






774 


1,312,(126 00 


58 


Ludlow, . 






457 


891,175 00 


39 


IMonson, . 






917 


2,109,711 00 


91 


INIontgomery, . 






81 


144,957 00 


06 


l*almer, . 






1,517 


2,658,448 00 


1 18 


Russell, . 






211 


513,323 00 


22 


Soiithwick. 






259 


548,654 00 


24 


Spring-field, 






12,867 


53,984,475 00 


22 10 


Tolland, , 






100 


162,663 00 


07 


Wales, . 






225 


289,913 00 


13 


Westfield, 






2,742 


7,716,301 00 


3 25 


West Springfield, 






1,368 


3,701,734 00 


1 56 


Wilbraham, . 






382 
35,249 


838,279 00 


36 


Total, 




• 


$109,775,780 00 


$45 84 



Hampshire 
County. 



HAMPSHIRE COUNTY. 



Amherst, .... 


1,012 


$3,522,851 00 


$1 46 


Belchertown, .... 


550 


861,295 00 


39 


Chesterfield, .... 


179 


309.238 00 


14 


Cumming'ton, .... 


200 


322,782 00 


14 


Easthampton, .... 


1,035 


2,507,523 JO 


1 07 


Enfield, 


293 


859,949 00 


36 



Acts, 1892. — Chap. 96. 



105 



HAMPSHIRE COUNTY — Concluded. 



riampshiie 
County. 









Tax of 81,000, 








includ'g Polls 


TOWNS. 


Polls. 


Tropcrty. 


at one tenth 
ofa mill each. 


Goshen, 


79 


$139,810 00 


$0 06 


Grauby, . 








207 


471,611 00 


20 


Greenwich, 








]-t3 


287,211 00 


13 


Had ley, . 








430 


1,055,498 00 


45 


Hattiekl, . 








391 


1,100,803 00 


46 


Huntino^ton, 








340 


520,468 00 


24 


iMiddlefield, 








104 


251,520 00 


11 


Northampton, 








3,726 


10,086,563 00 


4 26 


Pelham, '. 








130 


169,453 00 


08 


Plainfield, 








142 


174,240 00 


08 


Prescott, . 








133 


171,254 00 


08 


Southampton, 






263 


507,677 00 


22 


South Hadley, 






1,056 


2,162,373 00 


94 


Ware, . 






1,630 


4,322,338 00 


1 83 


Westhampton, 






113 


260,115 00 


11 


Williamsburg, 






532 


1,005,769 00 


44 


Worthington, . 






200 


303,366 00 


14 


Total, .... 


12,888 


131,373,719 00 


$13 39 


MIDDLESEX C( 


)UNTY. 


Middlesex 
County. 


Acton, 


606 


$1,532,586 00 


$0 65 


Arlington, 








1,723 


6,318,432 00 


2 61 


Ashby, . 








264 


639,254 00 


23 


Ashland, 








698 


1,283,808 00 


57 


Ayer, 








688 


1,375,519 00 


60 


Bedford, . 








305 


1,068,910 00 


44 


Belmniit,. 








588 


4,037,459 00 


1 62 


Billerica, 








608 


2,125,627 00 


88 


Boxborough, . 








103 


252,357 00 


11 


Burlington, 








173 


512,662 00 


22 


Cambridge, 








20,582 


75,421,868 00 


31 14 


Carlisle, . 








143 


387,740 00 


16 


Chelmsford, . 








797 


1,976,107 00 


84 


Concord, . 








1,036 


4,391,983 00 


1 80 


Dracut, . 








605 


1,615,223 00 


68 


Dunstable, 








124 


330,379 00 


14 


Everett, . 








3,523 


8,944,054 00 


3 80 


Framingham, . 








2,607 


8,668,698 00 


3 60 


Groton, . 








556 


3,340,309 00 


1 34 


Ilolliston, 








832 


1,631,930 00 


71 


Hopkinton, 








1,150 


2,424,851 00 


1 05 


Hudson, , 








1,492 


2,670,344 00 


1 18 


Lexington, 








937 


3,875,446 00 


1 69 



lOG 



Acts, 1892. — Chap. 96. 



Middlesex 
County. 




MIDDLESEX 


COUNTY 


— Concluded. 












Tax of $1,000, 










includ'g Polls 




TOWNS. 


Polls. 


Property. 


at one tenth 
ofa mill each. 




Lincoln, ..... 


273 


$2,845,602 00 


$1 12 




Littleton, 










312 


862,235 00 


36 




Lowell, . 










20,751 


67,984,799 00 


28 29 




Maiden, . 










6,692 


21,032,277 00 


8 78 




Marlborough, 










4,038 


7,647,048 00 


3 35 




Maynard, 










796 


2,045,087 00 


87 




Medford, 










3,106 


12,362,219 00 


5 08 




Melrose, . 










2,-112 


7,916,061 00 


3 29 




Natick, . 










2,635 


5,821,146 00 


2 51 




Jsewton, . 










6,879 


43,134,045 00 


17 32 




Xorth Reading 


, 








243 


542,809 00 


23 




Peppevell, 










992 


2,062,767 00 


89 




Reading, . 










1,028 


3,136,762 00 


1 31 




Sherboru, 










312 


890,377 00 


37 




Shirley, . 










357 


721,115 00 


31 




Somerville, 










11,657 


37,666,705 00 


15 69 




Stoneham, 










1,822 


3,697,703 00 


1 61 




Stow, 










274 


895,576 00 


37 




Sudbury, . 










363 


1,228,545 00 


51 




Tewksbury, 










456 


1,460,951 00 


61 




Townsend, 










615 


1,226,635 00 


62 




Tyngsborough 


, 








181 


410,269 00 


18 




Wakefield, 










2,106 


4,990,845 00 


2 14 




Waltham, 










5,833 


17,259,239 00 


7 24 




Watertown, 










1,964 


8,062,066 00 


3 31 




Wayland, 










592 


1,743,680 00 


73 




Westford, 










568 


1,354,531 00 


58 




Weston, . 










515 


3,162,661 00 


1 27 




Wilmington, 










327 


732,485 00 


32 




Winchester, 










1,287 


5,553,159 00 


2 27 




Woburn, . 










3,784 


9,555,430 00 


4 06 




Total, .... 


123,160 


$412,730,375 00 


$171 45 


Nantucket 


NANTUCKET COUNTY. 




County. 








Nantucket, .... 


901 


$3,243,706 00 


$1 34 


Norfolk County 


NORFOLK COUNTY. 






Avon, 


451 


$661,595 00 


$0 30 




Bellitigham, .... 


358 


681,216 00 


30 




Braintree, .... 


1,271 


4,532,885 00 


1 88 




Brookline, .... 


3,530 


59,392,861 00 


23 25 



Acts, 1892. — Chap. 96. 



107 



NORFOLK COUNTY— Concluded. 



Norfolk County . 









Tax of $1,000, 








includ"g Polls 


TOWNS. 


Polls. 


rroperly, 


at one tenth 
ofa mill each. 


Canton 


1,267 


f4,.50o,317 00 


$1 86 


Cohasset, 










62G 


5,526,449 00 


2 19 


Dedham, . 










1,991 


6,612,361 00 


2 75 


Dover, 










181 


855,330 00 


35 


Foxborough, 










786 


1,589,703 00 


69 


Franklin, 










1,387 


2,808,562 00 


1 22 


Holbrook, 










727 


1,553,889 00 


67 


Hyde Park, 










2,500 


8,005,710 00 


3 34 


]\Jedfield, 










449 


1,301,350 00 


55 


Medway, 










788 


1,218,066 00 


55 


Millis, . 










24.5 


594,741 00 


25 


INJilton, . 










1,023 


16,737,122 00 


6 56 


Needham, 










898 


2,588,380 00 


1 09 


Norfolk, . 










232 


522,663 00 


23 


Norwood, 










1,133 


2,768,746 00 


1 18 


Qiiinc}-, . 










5,160 


14,821,079 00 


6 23 


Randolph, 










1,130 


2,.54 1,765 00 


1 09 


Sharon, . 










389 


1,333,789 00 


55 


Stoughton, 










1,495 


2,.58 1,391 00 


1 15 


Walpole, . 










731 


2,031,415 00 


86 


Wellesley, 










770 


6,721,103 00 


2 67 


We V mouth. 










3,050 


7,070,324 00 


3 03 


Wrentham, 










695 


1,497,934 00 


65 


Total, 










33,263 


1161,056,746 00 


$65 44 



PLYMOUTH COUNTY. 



Abington, .... 


1,327 


$2,318,108 00 


$1 03 


Bridgt; water, . 






1,069 


2,756.519 00 


1 17 


Brockton, 






8,693 


18,713,498 00 


8 09 


Carver, . 






223 


773,819 00 


32 


Duxbury, 






518 


1,474,1.57 00 


62 


East BridgeAvater, 






8.34 


1,662,239 00 


72 


Halifax, . 






L56 


283,010 00 


13 


Hanover, 






.582 


1,390,845 00 


59 


Hanson, . 






406 


653,863 00 


29 


Hingham, 






1,175 


4,633,170 00 


1 90 


Hull, 






228 


2,514,104 00 


99 


Kingston, 






481 


1,884,367 00 


78 


Lakoville, 






256 


547,044 00 


24 


Marion, . 






222 


1,146,388 00 


46 


Marshfield, . 






482 


1,329,648 00 


66 


Mattapoisett, . 






280 


1,712,394 00 


69 


Midd 1 eborough, 






1,791 


4,050,180 00 


1 74 


Norwell, . 






464 


1,149,499 00 


49 



Plymouth 
County. 



108 



Acts, 1892. — Chap. 96. 



Plymouth 
County. 



PLYMOUTH COUNTY— Concluded. 









Tax of $1,000, 








includ'g Polls 


TOWNS. 


Polls. 


Property. 


at one tenth 
of a mill each . 


Pembroke, .... 


379 


$683,987 00 


$0 30 


Plymouth, 








2,122 


6,507,874 00 


2 72 


Plympton, 








170 


314,554 00 


14 


Rochester, 








206 


526,231 00 


22 


Rockland, 








1,623 


2,776,072 00 


1 23 


Scitiiate, . 








659 


2,061,538 00 


86 


War. ham, 








660 


2,046,845 00 


86 


West Bridgewater, 






498 


1,141,-544 00 


49 


Whitman, 






1,561 


3,333,942 00 


1 44 


Total, 








27,065 


$68,385,439 00 


$29 07 



Suffolk County. 



SUFFOLK COUNTY. 



Worcester 
County. 



Boston, 

Chelsea, 

Revere, 

Winthrop, .... 


132,809 

8,070 

1,683 

770 


$914,153,109 00 

22,191,374 00 

5,558,026 00 

3,777,712 00 


$365 75 
9 36 
2 31 
1 53 


Total, .... 


143,332 


$945,680,221 00 


$378 95 



WORCESTER COUNTY. 



Ashburnham, .... 


582 


$1,034,488 00 


$0 46 


Athol, . 








1,807 


3,219,798 00 


1 42 


Auburn, . 








347 


522,049 00 


24 


Barre, 








608 


1,594,826 00 


68 


Berlin, . 
Blackstone, 








222 
1,777 


519,711 00 
2,585,542 00 


22 
1 18 


Bolton, . 








251 


511,068 00 


22 


Boylston, 








229 


520,179 00 


22 


Brookfield, 








935 


1,400,783 00 


63 


Charlton, 








543 


976,449 00 


43 


Clinton, , 








2,747 


6,375,114 00 


2 73 


Dana, 








189 


297,060 00 


13 


Douglas, 








530 


1,030,178 00 


45 


Dudley, . 








645 


1,038,580 00 


47 


Fitch burg, 








6,885 


18,345,619 00 


7 76 


Gardner, 








2,645 


4,560,050 00 


2 02 


Grafton, . 








1,217 


2,458,765 00 


1 07 


Hardwick, 








749 


1,505,679 00 


66 


Harvard, 








307 


1,247,299 00 


51 


Holden, . 








596 


1,092,387 00 


48 



Acts, 1892. — Chap. 96. 



109 



WORCESTER COUNTY — Concluded. 



Worcester 
County. 









Tax of Sl.OOO. 








includ'g Polls 


TOWNS. 


Polls. 


Property. 


at one tentli 
ofa mill each. 


Hoped ale, .... 


393 


$2,371,021 00 


fO 95 


Hubbardston, . 








404 


725,628 00 


32 


Lancaster, 








484 


3,679,779 00 


1 47 


Leicester, 








827 


2,441,356 00 


1 02 


Leominster, 








2,335 


5,084,220 00 


2 19 


Lunenburg;, 








337 


754,604 00 


32 


^Mendon, . 








252 


609,206 00 


26 


Milford, . 








2,824 


5,222,117 00 


2 30 


Millbury, 








1,160 


2,130,279 00 


94 


New Braintree, 






156 


444,342 00 


19 


North borough, 






545 


1,380,036 00 


59 


Northbridge, . 






1,202 


3,574,773 00 


1 50 


North Brookfield, 






1,150 


1,961,971 00 


87 


Oakham, 






210 


346,377 00 


15 


Oxford, . 








782 


1,383,889 00 


61 


Pax ton, . 








131 


287,025 00 


12 


Petersham, 








259 


610,330 00 


26 


Phillipston, 








142 


284,363 00 


12 


Princeton, 








304 


890,874 00 


37 


Royalston, 








346 


723,757 00 


31 


Ruthin d, . 








299 


524,996 00 


23 


Shrewsbury, 








407 


1,092,379 00 


46 


South borough 








686 


1,786,423 00 


75 


South bridge, 








1,692 


3,830,397 00 


1 65 


Spencer, . 








2,241 


4,839,817 00 


2 09 


Sterling-, . 








370 


887,220 00 


38 


Sturbridge, 








502 


990,858 00 


43 


Sutton, . 








707 


1,292,998 00 


57 


Tempi eton, 








835 


1,366,474 00 


61 


Upton, . 








517 


960,796 00 


42 


U.x bridge, 








962 


2,265,133 00 


97 


AVarren, 








1,335 


2,645,958 00 


1 15 


Webster, 








1,752 


3,482,241 00 


1 52 


Westborough, 






1,423 


2,929,109 00 


1 27 


West Boylston, 






744 


1,316,.327 00 


58 


West Brookfield, 






450 


869,945 00 


38 


Westminster, . 






463 


814,430 00 


36 


Winchendon, . 






1,317 


2,170,577 00 


97 


Worcester, 






25,608 


85,637,712 00 


35 58 


Total, 


• 






80,264 


$205,445,361 00 


$87 21 



110 



Acts, 1892. — Chaps. 97, 98. 



Recapitulation 








RECAPITULATION. 




by counties. 
















Tax of $1,000. 














COUNTIES. 


Polls. 


Troperty. 


at one tentli 
of a mill each. 




Barnstable, .... 


8,186 


$23,425,178 00 


$9 86 




Berkshire, 








20,838 


47,685,731 00 


20 48 




Bristol, . 








49,166 


148,403,527 00 


62 15 




Dukes, . 








1,251 


3,927,711 00 


1 65 




Essex, 








84,741 


246,481,129 00 


103 52 




Franklin, 








10,943 


22,219,343 00 


9 65 




Hampden, 








35,249 


109,775,780 00 


45 84 




Hampshire, 








12,888 


31,373,719 00 


13 39 




Middlesex, 








123,160 


412,730,375 00 


171 45 




Nantucket, 








901 


3,243,706 00 


1 34 




Norfolk, 








33,263 


161,055,746 00 


65 44 




Plymouth, 








27,065 


68,385,439 00 


29 07 




Suttblk, . 








143,332 


945,680,221 00 


378 95 




Worcester, 








80,264 


205,445,361 00 


87 21 




Total, .... 


631,247 


$2,429,832,966 00 


$1,000 00 











Regulations, 
etc., of the 
board of alder- 
men of Boston. 



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

Ajyproved March 23, 1892. 

ChaV 97 ^^ ^^^ RELATING TO RULES AND ORDERS AND REGULATIONS OF 
THE BOARD OF ALDERMEN OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The enacting style and method of pub- 
lishino^ rules and orders and reoulations of the board of 
aldermen of the city of Boston shall be such as said board 
may by regulation prescribe. 

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

Approved March 23, 1892. 

ChciV. 98 ^^ ^^^ ^^ AUTHORIZE THE CITY OF NORTHAMPTON TO ISSUE 

ADDITIONAL SEWER SCRIP. 

Be it enacted, etc., as follows : 

Section 1. Section nine of chapter three hundred 
and fifty- four of the acts of the year eighteen hundred and 
eighty-eight is hereby amended by striking out the word 
"one", in the eighth line, and inserting in place thereof 
the word : — two, — and by striking out the word " ten ", 
in the ninth line thereof, and inserting in place thereof 



1888, 354. § 9, 
acuended. 



Acts, 1892. — Chaps. 99, 100, 101. Ill 

the word: — twenty, — so as to read as follows : — ^S'ec- sewcr scrip not 
tion 9. For the purpose of defraying the expenses and $2uolooo.^ 
outlays incurred for the purposes aforesaid, or so much 
thereof as they shall see fit, the city council of the city 
of Northampton is hereby authorized to issue from time 
to time scrip, notes, bonds or certificates of debt, to be 
denominated on the face thereof. Sewer Scrip of the City 
of Northampton, to an amount outstanding at any one 
time not exceeding two hundred thousand dollars, and 
redeemable at a time not exceeding twenty years from 
and after the date. 

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

Approved March 23, 1892. 

An Act to authorize the city of someryille to raise money (JJicfp, 99 

FOR THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF ITS 
INCORPORATION AS A TOWN. 

Be it enacted, etc., as follows : 

Section 1. The city of Somerville is hereby author- May raise 
ized to raise by taxation a sum not exceeding five thou- ™ratid*n o7iu ^" 
sand dollars, for the purpose of celebrating the fiftieth velwy^ttci 
anniversary of its incorporation as a town, and of publish- 
ing an account of the proceedings of such celebration and 
a memorial history of Somerville. 

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

Approved March 23, 1892. 



Chap.lOO 



lished. 



An Act to establish the salary of the justice of the east 
boston district court. 

Be it enacted, etc., as follows : 

Section 1. The salary of the justice of the East Bos- sniaryestab- 
ton district court shall be twenty-two hundred dollars a 
year, to be so allowed from the first day of January in the 
year eighteen hundred and ninety-two. 

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

\_T1ie foregoing was laid before the Governor on the nineteenth 
day of March, 1892, and after Jive days it had the '•'- force of a 
law," as pirescrihed by the Constitution, as it ivas not returned by 
him with his objections thereto within that time.'\ 



ChajJ.lOl 



An Act to establish the salary of the governor of the 
commonwealth. 

Be it enacted, etc., as follows: 

Section 1 . The salary of the governor shall be eight saiary estab- 
thousand dollars a year. He shall not be entitled to fees 
or perquisites. 



112 Acts, 1892. — Chaps. 102, 103. 

Sectiox 2. Chapter three hundred and twenty-eight 
of the acts of the year eighteen hundred and eighty-four 
is hereby repealed. 

Section 3. This act shall take effect from the begin- 
ning of the next political year. 

Approved March 25, 1892. 

Chap.102 ^^ ^^^ RELATING TO THE PURSUING OF WILD FOWL. 

Be it enacted, etc., as foUoivs : 

ifi?pos!ng^ ''^^^ Section 1. So much of section six of chapter two 
penalty for huudrcd and seventy-six of the acts of the year eighteen 

piirsuiu^ wild , *^ , «/ o 

fowl. hundred and eighty-six, and acts amendatory thereof, as 

imposes a penalty for pursuing any wild fowl with or by 
aid of a sailboat, is heieby repealed. 

T.^I'^IIm ^"""iM Section 2. Whoever pursues any wild fowl with or by 

piirsuiiig WHO L %/ •/ 

fowl. aid of a boat propelled by steam or by naphtha, or by aid 

of a boat or vessel proi)elled by any mechanical means 
other than sails, oars or paddles, shall be punished by a 
fine of twenty dollars. Approved March 25, 1892. 

Ch(ip.\0'd An Act to authorize the trustees of the bromfield street 

METHODIST EPISCOPAL CHURCH IN BOSTON TO SELL AND CONVEY 
THE REAL ESTATE OF SAID CHURCH. 

Be it enacted, etc., as follotcs : 
Mayjeiireai Aldcu Spcare, William Claflin, Silas Peirce, John O. 

Bishop, Pliny Nickerson, Caleb G. Heal, Joshua Merrill, 
Oliver H. Durrell and Albert R. Whittier, trustees under 
a certain deed from William Hall ,Iackson to Amos Binney 
and others, dated the twenty-fourth day of March in the 
year eighteen hundred and six, and recorded in the 
registry of deeds for the county of Suffolk, in book two 
hundred and fifteen, page one hundred and forty-nine, 
which trustees were appointed by decree of the supreme 
judicial court of the Commonwealth made on the eighth 
day of October in the year eighteen hundred and ninety- 
one, and their successors, are hereby authorized to sell, 
from time to time, by public or private sale, in pursuance 
of a majority vote of said trustees, the whole or any part 
of the real estate now held by them, including the church 
edifice situated on Bromfield street in the city of Boston 
and commonly known as the Bromfield street Methodist 
Episcopal church, and the land upon which it is located 
or adjoining thereto, and to convey the same by a deed 
executed by said trustees or a majority of them, or by 
such officer or officers as said trustees by a majority vote 



Acts, 1892. — Chaps. 101, 105. 113 

may desigutite, in fee simple or otherwise, discharged from 
all trusts or conditions, ecclesiastical or otherwise, and 
from any liability to see to the application of the purchase 
money. Such sale and conversance to be made with the 
consent of the persons or bodies whose consent to sales 
of real estate is required by the discipline and usages for 
the time being of the Methodist Episcopal church in the 
United States of America; — the net proceeds of sale to DispoBUion of 
be held and disposed of by said trustees for the use of P'■*"="^'^«°^^"'"• 
the members of the Methodist Episcopal church in the 
United States of America, according to the rules and 
discipline which from time to time may have been or may 
be agreed upon and adopted at the general conferences 
of said church in the United States of America, and the 
final application of said proceeds, in accordance with said 
rules and discipline, to be a full discharge of the said trus- 
tees, the trusts of said deed being thereupon terminated. 

Approved March 25, 1892. 
An Act to establish the salaries of the justices of the /^^^^.inj. 

SUPREME JUDICIAL COURT. -^ 

Be it enacted, etc., as follows: 

Section 1. From and after the first day of January salaries, etc., 
in the year eighteen hundred and ninety-two, there shall established. 
be paid out of the treasury of the Commonwealth, to the 
chief justice of the supreme judicial court, an annual 
salary of seventy-five hundred dollars, and also five hun- 
dred dollars annually in full compensation for travelling 
expenses ; and to each of the associate justices of said 
court, an annual salary of seven thousand dollars, and 
also five hundred dollars each annually in full compensa- 
tion for travelling expenses. 

Section 2. Section one of chapter two hundred and ]fl«P|a|of i^^^- 
seventy-four of the acts of the year eighteen hundred and " 
eighty-eight is hereby repealed. 

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

Approved March 25, 1892. 

An Act to repeal section eleven of chapter one hundred /^j -.aj- 
and fifty-two of the public statutes kequirinq presiding J- 

JUDGES OF the SUPERIOR COURT TO REDUCE TO WRITING THEIR 
DECISIONS AND INSTRUCTIONS DURING THE PROGRESS OF A TRIAL. 

Be it enacted, etc., as folloivs : 

Section eleven of chapter one hundred and fifty-two of ^52^5^1°^ ^- ^• 
the Public Statutes is hereby repealed. 

Approved March 25, 1892. 



114 



Acts, 1892. — Chaps. 106, 107. 



Town may 
refund a portion 
of a liquor 
license fee. 



QJiaijAOG ^^ ^^^ "^^ AUTHORIZE THE TOWN OF EASTHAMPTON TO REFUND 
A PORTION OF CERTAIN MONEYS PAID FOR A LIQUOR LICENSE. 

Be it enacted, etc., as follows: 

Section 1. The town of Easthampton is hereby 
authorized to refund to Eliza O'Donnel a portion of the 
sum paid by Edward O'Donnel, in the month of June in 
the year eighteen hundred and ninety, for a liquor license, 
the part so refunded to be in proportion to the unexpired 
period of the license. 

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

Approved March 25, 1892. 



Chap 



OflBcers to 
attend certain 
courts in 
Middlesex 
County. 



To give bond to 
the sheriff. 



Compensation 
and travel. 



Authority. 



To wear 
uniforms. 



.107 -^^ ■^^'^ '^^ ESTABLISH THE NUMBER OF OFFICERS IN ATTENDANCE 
UPON THE SUPERIOR AND SUPREME JUDICIAL COURTS FOR THE 
COUNTY OF MIDDLESEX, TO DEFINE THEIR DUTIES AND TO ESTAB- 
LISH THEIR SALARIES. 

Be it enacted, etc., as follows : 

Section 1. The sheriff of the county of Middlesex 
may appoint, subject to the approval of the justices of 
the superior court or a majority thereof, four officers for 
attendance on the sessions of said court for civil business. 
Such officers shall when required by the sheriff attend' the 
sessions of the supreme judicial court, when not in attend- 
ance on the superior court. 

Section 2. Each of such officers shall give to the 
sheriff of the county of Middlesex a bond, with sufficient 
sureties for the faithful performance of his duties, in the 
sum of fifteen hundred dollars. 

Section 3. Such officers shall receive from the county 
of Middlesex an annual salary of sixteen hundred dollars 
in full for all services performed by them, and five cents 
a mile for travel out and home once a week during such 
attendance, when such distance exceeds five miles one 
way. 

Section 4. Such officers shall have all the authority 
which constables now have by law to serve venires for 
jurors and the processes of said courts, and shall be 
allowed in such service the actual expenses necessarily 
incurred therein. 

Section 5. The deputy sheriffs and officers in attend- 
ance at the superior and supreme judicial courts shall, 
while on duty in said courts, wear uniforms to be desig- 
nated by the sheriff. 



Acts, 1892. — Chaps. 108, 109. 115 

Section 0. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

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

Approved March 25, 1892. 

An Act to autborize the pilgrim congregational church (7^ar?.108 
OF duxbury to convey its property. 

Be it enacted, etc., as foUoivs : 

The Pilgrim Congregational Church of Duxbury is May convey us 
hereby authorized to convey its meetinghouse, parson- 
age and fund, to the Pilgrim Church of said Duxbury, to 
be used in the support of religious worship in said town. 

Approved March 25, 1892. 



property. 



Chap.lO^ 



An Act relative to the taking of land for taxes so as to 
dispense with the filing of certain papers connected 
with such taking. 

Be it enacted, etc. , as folloivs : 

Section 1. Section fifty-three of chapter three hun- isss, 390, § 53, 
dred and ninety of the acts of the year eighteen hundred *'"''° ^ 
eighty-eight is hereby amended by striking out, in the 
fifth line thereof, the words " filed and", so as to read as 
follows : — Section 53. The affidavit of the collector, competent evi- 

T. 11 J /• T'i ji l ^ denceof demand 

deputy collector, or ot a disuiterested person, taken and notice. 
before a justice of the peace, of the service of the demand 
of payment, and of the notice, as provided in the preced- 
ing section, with copies thereof annexed, recorded in the 
registry of deeds of the county or district where the land 
lies, shall be competent evidence of such demand and 
notice. 

Section 2. Section fifty-four of chapter three hun- isss, 390, § 54, 
dred and ninety of the acts of the year eighteen hundred ''™®°'^®^- 
and eighty-eight is hereby amended by striking out, in 
the eighth line thereof, the words " filed and", so as to 
read as follows: — Section 54. Said affidavits shall be statement of the 
annexed to the instrument of taking, which shall be under taking, etc. 
the hand and seal of the collector, and shall contain a 
statement of the cause of taking, a substantially accurate 
description of each parcel of land taken, the name of the 
person to whom the same was assessed, and the amount of 
the tax thereon and of the incidental costs and expenses 
to the date of taking, and shall be recorded in the registry 
of deeds of the county or district where the land lies ; 



116 Acts, 1892. — Chaps. 110, 111, 112. 

and the title to the lands so taken shall thereupon vest in 
the city or town, subject to the right of redemption given 
by section fifty-seven. 

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

Approved March 25, 1892. 

ChctpAlO ^^ ^^'^ AUTHORIZING STEAM RAILROADS TO USE ELECTRICITY AS 

A MOTIVE POWER. 

Be it enacted, etc. , as follows : 
Operationof Railroad corporations which are subiect to the pro- 

railroads by . . <• i i i i i /. i -i-» i i ■ 

electricity. visions oi chapter one hundred and twelve ot the ir'ublic 
Statutes and amendments thereto, are hereby authorized 
to operate their railroads by electricity. 

Approved March 25, 1892. 

GJiWDA-W ^^ ^^^ ^^ AUTHORIZE THE TOWN OF HOLBROOK TO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., asfolloivs: 

fdlnTolli^'^ Section 1. The town of Holbrook, for the purposes 
water loan. mentioned in section five of chapter two hundred and 
seventeen of the acts of the year eighteen hundred and 
eighty-five, may issue bonds, notes, or scrip from time to 
time, to be denominated on the face thereof, Holbrook 
Water Loan, to an amount not exceeding thirty-five 
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 
Holbrook water loan by said town : provided, that the 
whole amount of such bonds, notes or scrip issued by said 
town, together with those heretofore issued by said town 
for the same purposes, shall not in any event exceed the 
amount of one hundred and thirty-five thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 25, 1892. 

C7lCl1).H2 ^^ ^^^ ^^ AUTHORIZE THE TOWN OF RANDOLPH TO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted, etc. , as follows : 
May make an Section 1. The town of Randolph, for the purposes 

additional ,,. . „ n ^ I iiii 

water loan. mentioned m section five ot chapter two hundred and 
seventeen of the acts of the j'ear eighteen hundred and 



Acts, 1892. — Chap. 113. 117 

eighty-five, may issue bonds, notes or scrip from time to 
time, to be denominated on the face thereof, Randolph 
Water Loan, to an amount not exceeding twenty-five 
thousand dollars in addition to the amounts heretofore 
authorized by law to be issued by said town for the same 
purposes ; said bonds, notes or scrip to be issued upon 
the same terms and conditions and with the same powers 
as are provided in said act for the issue of the Randolph 
water loan by said town '.provided, that the whole amount 
of such bonds, notes or scrip issued by said town, together 
with those heretofore issued by said town for the same 
purposes, shall not in any event exceed the amount of one 
hundred and forty-five thousand dollars. 

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

Approved March 25, 1892. 



Chap.113 



An Act to authorize the Plymouth and middleborouqh 
railroad company to lease its road and issue bonds. 

Be it enacted, etc., as follows: 

Section 1. The Plymouth and Middleborough Rail- Swsefetc, 
road Company by vote of its directors may make a lease nl'^^^R^., 
of its road, property and franchise, to the Old Colony Company. 
Railroad Company, for a term not exceeding ninety-nine 
years, upon such terms as the directors may agree ; and 
the Old Colony Railroad Company may accept the same 
lease by vote of its directors. 

Section 2. Section seven of chapter one hundred and isQo. los. §7, 

• ^ n 1 ^1 '11 TIT- amended. 

eight 01 the acts oi the year eighteen hundred and ninety 

is hereby amended by striking out the words "at any 

time the sum of fifteen thousand dollars per mile for each 

mile actually constructed and ready for operation ", in the 

eighth, ninth and tenth lines of said section, and inserting 

in place thereof the words : — two hundred and twenty-five 

thousand dollars, — so as to read as follows : — Section 

7. Said railroad company may borrow money for any May borrow 

lawful purpose, and may by vote at a meeting duly called bXfs^'eTc."* 

for the purpose issue coupon or registered bonds for the 

payment of money borrowed, and may mortgage or pledge 

as security fur the payment of said bonds a part or all of 

its railroad equipment or franchise, and a part or all of 

its property, real or personal. Such bonds may be issued 

to an amount not to exceed two hundred and twenty-five 

thousand dollars, and in all respects, other than the 

amount to be issued as herein specified, such bonds shall 



118 Acts, 1892. — Chaps. lU, 115. 

conform and be subject to, and said comp ny shall issue 
the same in conformity with, all laws authorizing and 
regulating the issue of bonds by railroad companies. 
Section 3. This act shall take eflect upon its passage. 

Ap2)roved March 28, 1892. 

ChCip. W4: ^^ -^^^ '^^ REGULATE TBE RATES OF PILOTAGE FOR LANDING 

PLACES IN THE TOWN OF WINTHROP. 

Be it enacted, etc., as follows: 

hited^^fees?"' 1"^^^ pilotage for landing places in the town of Winthrop 
shall not be compulsorj^ ; but when the services of a pilot 
are required and are offered, outside of a line drawn from 
Point Shirley on the east to the south point of Apple island 
on the south, thence in a direct line to Camp Hill point 
on the west, the rates of pilotage shall be as follows : for 
vessels drawing ten feet and under, fifty cents a foot, for 
vessels drawing over ten feet, sixty cents a foot. 

Ax)2iroved March 31, 1892. 

ChciV.W5 ^^ ^^^ RELATING TO THE FILLING OF VACANCIES IN THE OFFICE 

OF COUNTY COMMISSIONER. 

Be it enacted, etc., as foUoivs: 
Filling of Section 1. Whenever a vacancy occurs in the oflSce 

vacancy in office /• . ... ^ , . . 

of county com- ot couuty commissioucr in any county, the two remaining 
^poimmrat! county Commissioners and the clerk of the courts for the 
county, or a majorit}" of the three, may, if they shall deem it 
expedient and for the interest of the public, appoint some 
suitable person to fill such vacancy, who shall exercise all 
the powers and be subject to all the disabilities which 
pertain to such office under the statutes of this Common- 
wealth. And the person so appointed shall hold his said 
office until the first Wednesday in January succeeding 
his appointment. 
Filling of Section 2. If a vacancy occurs in the office of county 

vacancy by . . ..,''... ''- 

election. commissiouer or special commissioner in any county, and 

the successor of the person whose death, removal or 
resignation has caused such vacancy, would not be required 
by law to be chosen at the annual election in November 
following the occurrence of such vacancy, the board of 
examiners shall duly order said vacancy to be filled by 
election at the time of said annual election, whether said 
vacancy shall have been temporarily filled by an appoint- 
ment under the provisions of section one of this act or 



Acts, 1892. — Chaps. 116, 117. 119 

otherwise ; and they shall issue their warrant therefor to 
the mayor and aldermen of cities and selectmen of towns 
in such county, or in the county of Middlesex to the 
mayor and aldermen of cities and selectmen of towns 
therein, and of Revere and Winthrop, and the person 
chosen shall lill the ofdce for the remainder of the term. 

Section 3. The term of office of county commissioners Term of office. 
and special commissioners shall commence on the first 
Wednesday in January succeeding their election, and 
they shall hold their offices for the term of three years 
and until other persons are chosen and qualified in their 
stead. 

Section 4. Section two hundred and one of chapter Repeal of isgo, 
four hundred and twenty-three of the acts of the year ^^^' ^ ^'^^' 
eighteen hundred and ninety and all other provisions of 
law inconsistent herewith are hereby repealed. 

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

Approved March 31, 1892. 

An Act giving probate courts concurrrnt jurisdiction with Q/idn.WQ 

THE SUPREME JUDICIAL COURT IN EQUITY IN RELATION TO TRUSTS. 

Be it enacted, etc., as follows : 

Section 1. Section twenty-seven of chapter one hun- p. s.ui, §27, 
dred forty-one of the Public Statutes is hereby amended "™^°'*^'*- 
by inserting after the word " will", in the third line thereof, 
the words : — or other written instrument, — so as to read 
as follows : — The probate courts in the several counties jurisdiction of 
may, concurrently with the supreme judicial court, hear to"rusu.'*''^^ 
and determine in equity all matters in relation to trusts 
created by will or other written instrument not particularly 
mentioned in this chapter, and shall have jurisdiction over 
all matters relatino; to the termination of trusts under 
wills, deeds, indentures, or other instruments. 

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

Approved March 31, 1892. 

An Act extending the time for arranging and indexing the ^j 117 

FILES AND records IN THE OFFICE OF THE REGISTER OF PROBATE ^ ' 1 ' 
FOR THE COUNTY OF HAMPSHIRE. 

Be it enacted, etc., as follows : ' 

Section 1 . The time for arranging and indexing the Time extended 
files and records in the office of the register of probate for fileiund^lclrds. 
the county of Hampshire is hereby extended for a period 



120 Acts, 1892. — Chaps. 118, 119. 

Allowance, of three years from the seventeenth day of April in the 
year eighteen hundred and ninety-two, and the allowance 
for said work shall continue at the same rate as provided 
in chapter two hundred and sixty-two of the acts of the 
year eighteen hundred and eighty-nine, to be audited and 
paid in the same manner as provided in said chapter. 
Section 2. This act shall take eifect upon its passage. 

Approved March 31, 1892. 

ChajjAlS ^^ -^^^ RELATIVE TO THE REVOCATION OF A WILL ON THE MAR- 
RIAGE OF THE TESTATOR. 

Be it enacted, etc., as follows: 

wXo'^n \he °^ * Section 1. The marriage of any person shall act as a 
J^^[^jage of the revocation of any will made by such person previous to 
such marriage, unless it shall appear from the will itself 
that the will was made in contemplation of such marriage, 
or unless and except so far as the will is made in exercise 
of a power of appointment and the estate thereby ap- 
pointed would not, in defsiult of appointment, pass to the 
persons that would have been entitled to the same if it 
had been the testator's own estate and he or she had died 
without disposing of it by will. 
Totake effect SECTION 2. This act shall take eflect upon July first, 
"^ ' ' eighteen hundred and ninety-two. 

Approved March SI, 1892. 

Chan 119 ^^ ^^^ providing for the CONSTRUCnON OF ADDITIONAL PIERS 
FOR THE SUPPORT OF ROCKS BRIDGE AND FOR REPA1K8 ON SAID 
BRIDGE. 

Be it enacted, etc., as folloios: 
Additional piers SECTION 1. The couuty commissioners for Essex 
suutteTforthe couuty are hereby authorized and required, within one 
itoc'k'^s'^brfdge. year after the passage of this act, to construct two addi- 
tional piers for the support of the two easterly spans of 
the Rocks bridge, which crosses the INlerrimac river 
between the city of Haverhill and the town of West New- 
bury. Also, if in their judgment the same is necessary, 
they may construct one pier for the support of the span 
at the westerly end of said bridge. The construction of 
said piers shall be subject to the approval of the lioard of 
harbor and land commissioners. Said piers shall be con- 
structed of stone or iron as said county commissioners 
Cost. may determine. The cost of said piers and supports shall 



Acts, 1892. — Chaps. 120, 121. 121 

be paid hy the coiintv of Essex, and said commissioners Commispioners 

1 * . , , 1 /. ,1 may borrow 

are authorized to borrow such sums ot money on the mouey. 
credit of said county as may be necessary to carry out 
the provisions of this act. 

Section 2. Said county commissioners are also Repairs to be 
authorized to make such repairs on said Rocks bridge as tionmentof 
in their judgment are necessary for the safety and con- '^°^^' 
venience of public travel. The cost of such repairs shall 
be paid in equal portions, as follows : the city of Haver- 
hill one third, the towns of Amesbury and Merrimac one 
third, and the town of West Newbury one third, as is 
now provided by chapter four hundred and twenty-one of 
the acts of the year eighteen hundred and sixty-nine. 

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

Ajjproved March 31, 1892. 

An Act to authorize the town of hudson to refund a portion (JJiavA^O 

OF ITS debt. 

Be it enacted, etc., as follows: 

Section 1. The town of Hudson is authorized to bor- Town may 
row for a term not exceeding ten years, a sum not exceed- uon of its debt, 
ing forty thousand dollars, for the purpose of paying two 
notes given by said town, one for fifteen thousand dollars 
and one for twenty-five thousand dollars, which become 
due on the fourth day of April in the year eighteen hun- 
dred and ninety-two. 

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

Approved March 31, 1892. 

An Act relating to the residence of registers of deeds and (7/i(?r).121 
TO the place of keeping books, records, deeds and papers 
belonging to their offices. 

Be it enacted, etc., as follows : 

Section twelve of chapter twenty-four of the Public p. s. 24, §12, 
Statutes is hereby amended, in the first and second lines 
of said section, by striking out the words " reside in the 
city or town where the office of his registry is required to 
be, and shall there keep", and inserting in place thereof 
the words : — keep in the office of his registry, — so as to 
read as follows : — Section 12. Every register of deeds custody of 
shall keep in the office of his registry, all books, records, et°°; office t"i)e 
deeds and papers belonging to his office, and shall have "pen to public, 
such office open to the public on every day except Sun- 
days and public holidays. Approved April 4, 1892. 



122 



Acts, 1892.— Chaps. 122, 123, 124. 



Chap 



May incur 
indebtedness 
for purpose of 
erecting a high 
school building. 



.122 ^N ^^'^ "^O AUTHOUIZE THE TOWN OF ARLINGTON TO INCUR INDEBT- 
EDNESS FOR THE PURPOSE OF ERECTING A HIGH SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. The town of Arlington may incur indebt- 
edness, for the purpose of erecting a high school building 
in said town, to an amount not exceeding the limit of 
indebtedness fixed by law for said town, and may from 
time to time issue negotiable notes, bonds or scrip there- 
for, properly denominated on the face thereof, and payable 
in periods not exceeding twenty y-ears from the date of 
issue ; but the provisions of chapter twenty-nine of the 
Public Statutes and of chapter one hundred and twenty- 
nine of the acts of the year eighteen hundred and eighty- 
four shall otherwise apply to the issue of such bonds, 
notes or scrip, and to the establishment of a sinking fund 
for the payment thereof at maturity. 

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

Approved April 4, 1892. 

ChapA2i3 ^^ ^^^ '^^ provide and define THE PUNISHMENT FOR PERJURY. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and five of the 
Public Statutes is hereby amended by adding at the end 
thereof the following words: — or by fine not exceed- 
ing one thousand dollars, or by imprisonment in the jail 
not exceeding three years, or by both said fine and impris- 
onment in the jail, — so as to read as follows : — Section 
1. Whoever, being lawfully required to depose the truth 
in any proceeding in a course of justice, commits perjury, 
shall be punished, if the perjury is committed on the trial 
of an indictment for a capital crime, by imprisonment in 
the state prison for life, or for any term of years, and, if 
committed in any other case, by imprisonment in the state 
prison not exceeding twenty years, or by fine not exceed- 
ing one thousand dollars, or by imprisonment in the jail 
not exceeding three years, or by both said fine and 
imprisonment in the jail. Approved April 4, 1892. 



p. S. 205, § 1, 
amended. 



Penalties for 
perjury. 



OhClD 124 ^^ ^^^ PROVIDING FOR THE 



A full copy of 
proposed 
amendment to 
be printed in 
the warrant. 



PUBLICATION AND POSTING OF PRO- 
POSED CONSTITUTIONAL AMENDMENTS. 

Be it enacted, etc., as folloios : 

Section 1. Whenever a constitutional amendment is 
to be submitted to the people, the warrants for all meet- 
injis of voters at which a vote on the amendment is to be 



Acts, 1892. — Chaps. 125, 126. 123 

taken shall contain a copy of the proposed amendment, 
printed in full. 

Section 2. The secretary of the Commonwealth shall J,';;^,|j,';"ed°° °^ 
cause such proposed amendment to be published, in the ameudment. 
manner provided for the publication of lists of nomina- 
tions b}^ section fourteen of chapter four hundred and 
thirty-six of the acts of the year eighteen hundred and 
eighty-eight, or by any amendment heretofore or hereafter 
made thereto. He shall also cause the amendment to be copies to be 
printed in full with the heading, Proposed Constitutional uTm of voters!*' 
Amendment, in large type, and copies thereof shall be 
sent to the registrars of voters and posted by them in the 
manner provided in the case of lists of candidates by said 
section fourteen, or by any amendment heretofore or 
hereafter made thereto. Copies thereof shall also be copies to be 
sent to the several cit}' and town clerks and to the elec- each%oMng 
tion oiBcers of each voting place, and shall be posted at steif, etc. 
each voting shelf and about the polling room, in the 
manner provided in the case of cards of instruction by 
sections sixteen, seventeen and eighteen of said act, or by 
any amendment heretofore or hereafter made thereto. 

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

Ajyproved April 4, 1892. 
An Act to authorize tbe new England hospital for women ni^fjjx lO^ 

AND CHILDREN TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted^ etc., as follows : 

Section 1. The New England Hospital for Women May hold addi- 
and Children is hereby authorized and empowered to hold perTonaTesute. 
real estate not exceedino: in value five hundred thousand 
dollars, and personal property not exceeding in value five 
hundred thousand dollars, instead of the amounts of real 
estate and personal property authorized by its act of 
incorporation. 

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

Approved April 4, 1892. 

An Act to authorize the town of revere to establish a 
grade for cellars. 

Be it enacted, etc., as foUoivs : 

Section 1. The selectmen of the town of Revere, Town of Revere 
when authorized so to do by a vote of said town at a grade^fo" 
meeting legally held, shall establish in said town a cellar cellars, etc. 
ofrade of not less than fourteen feet above mean low 
water ; and no person after such grade is established shall 



Chap.l2G 



124 



Acts, 1892. — Chap. 127. 



Owners nnd 
occupants to 
comply with 
requirements, 
etc.; powers 
and duties of 
town oflSeers, 
etc. 



construct in said town any cellar or basement cellar of 
any building below such grade, or use or occupy any 
cellar or basement cellar so constructed : provided, that 
the selectmen may, by license subject to revocation at 
an}' time by them, authorize cellars to be constructed or 
used in buildings used exclusively for storage or business 
purposes so much below said grade as they shall designate 
in each license. 

Section 2. If any person constructs or uses any 
cellar or basement cellar in violation of this act, said 
selectmen shall order the owner or occupant of such 
cellar or basement cellar to so alter and construct the 
same as to conform to the requirements of this act ; and 
if such owner or occupant fails to comply with such order 
within ten days after service thereof, as provided by the 
following section, said selectmen shall so alter or cause 
to be altered such cellar or basement cellar ; and all 
necessary expenses incurred thereby shall constitute a 
lien upon the land wherein such cellar or basement cellar 
is constructed and upon the buildings upon such land, 
and may be collected in the manner provided by law for 
the collection of taxes upon real estate ; and the town 
treasurer in behalf of said town may purchase such land, 
or land and buildings, at any sale thereof, for the enforce- 
ment of such lien. 

Section 3. All orders under the preceding section 
shall be made in writing, and served upon said owners 
or occupants or their authorized agents as prescribed by 
section twenty-two of chapter eighty of the Pul^lic Stat- 
utes for the service of orders of boards, of health ; and 
the superior court or any justice thereof, in term time or 
vacation, may, by injunction or other suitable process in 
equity, restrain any person or corporation from construct- 
ing or using any cellar or basement cellar in violation of 
the provisions of this act, and may enforce such provisions 
and m;iy order and enforce the abatement or alteration of 
any cellar or basement cellar constructed or used in viola- 
tion thereof, so that such cellars shall be in accordance 
with such provisions. Approved April 4, 1892. 

Chcip.'L27 An Act authorizing the transfer of oases in the supreme 

JUDICIAL COURT. 

Be it eyiacted, etc., as folloios : 

fransfeTcases, "^^^^ suprcmc judicial court, sitting as a full court in 
^^<=- any county or for the Commonwealth, shall have jurisdic- 



Written orders 
to be ^erved, 
etc., P. S. 80, § 
22. 



Provisions may 
be enforced by 
injunction, etc. 



Acts, 1892. — Chaps. 128, 129. 125 

tion of all questions of Itnv and of all cases and matters at 
law or in equity, civil or criminal, arising in any other 
county than that in or for which it is sitting, and which 
might properly come before and be heard and determined 
by the full court sitting for such other county ; and upon 
an application of one or more of the parties a majority of 
the justices of said court shall in their discretion have 
power to order any such questions of law, or case or 
matter, to be entered and heard by the full court sitting 
in an}' county, or at Boston for the Commonwealth. 

Approved April 4, 1892. 



C%9.128 



Ax Act to establish the salart of the chief of the 

DISTRICT POLICE. 

Be it enacted, etc. , as follows : 

Section 1. The salary of the chief of the district fj^Jf// ®*^'*^- 
police shall be twenty-five hundred dollars a year, to 
be so allowed from the first day of January in the year 
eighteen hundred and ninety-two. 

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

Approved April 4, 1892. 

An Act relating to taxes upon certain accident, fidelity HT^fj^ 1 QQ 

AND GUARANTY INSURANCE COMPANIES. ^ 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and i89o. i97. §2, 
nmety-seven of the acts of the year eighteen hundred and 
ninety is hereby amended by striking out, in the third 
and fourth lines of said section, the words " thirty-four 
to thirty-seven", and inserting in place thereof the words : 
— thirty-three to thirty-seven, both, — also by adding, at 
the end of said section, the words : — and by chapter one 
hundred and fifty-four of the acts of the year eighteen 
hundred and eighty-eight, — so as to read as follows : — 
Section 2. Every corporation which by the provisions of Subject to p. s. 
this act is required to pay a tax shall be subject so far as i887,283; isss, 
applicable thereto to the provisions of sections thirty-three ^^*' 
to thirty-seven, both inclusive, of chapter thirteen of the 
Public Statutes as amended by chapter two hundred and 
eighty-three of the acts of the year eighteen hundred and 
eight\'-seven, and by chapter one hundred and fifty-four 
of the acts of the year eighteen hundred and eighty-eight. 

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

Approved April 5, 1892. 



ple:on. 



126 Acts, 1892. — Chap. 130. 



CJiapA.30 ^^ '^^'^ "^O ANNEX A PART OF THE TOWN OF PHILLIPSTON TO 

THE TOWN OF TEMPLETON. 

Be it enacted^ etc., asfolloivs: 
PhiiirpVtonan/ Section 1. So much of the town of Phillipston as 
nexedtoTem- Hes betweeu tliG Dresetit boundary line between said town 
and the town of Templeton, and a line beginning on said 
boundaiy line at a granite boundary line monument on the 
easterly side of the road leading from Templeton through 
Brooks Village, so-called, to Phillipston, thence running 
north about thirty degrees west in line of three granite 
boundary line monuments, to a granite boundary line 
monument on the northerly side of the road leading from 
Templeton through Brooks Village, so-called, to Athol, 
with all the inhabitants and estates therein is set off from 
said town of Phillipston and annexed to and made a part 
of the town of Templeton. And said inhabitants shall 
hereafter be inhabitants of said town of Templeton and 
shall enjoy all the rights and privileges and be subject to 
all the duties and liabilities of inhabitants of the town of 
Templeton. 
i^Srbepaid Section 2. The inhabitants and estates within the 
to town of territory above described, and the owners of said estates, 

Phi Iinalr>n _ »/ ' ' 



Phillipston. in .• i-ii i -li /» i-ki 'ii- 

shall contmue liable to pay the said town ot Phillipston 
all tax;es remaining uncollected and legally assessed upon 
them, and all of said taxes shall be collected and paid to 
said town the same as if this act had not been passed, 
^ire^'an'd"* Until the next state valuation the town of Templeton shall 
county tax. annually, on or before the first day of November, pay to 
said town of Phillipston the proportionate part of the state 
and county tax assessed upon said town which the valua- 
tion of the part set off' bears to the valuation of the 
town as established in the year eighteen hundred and 
ninety-one. 
Settlement and Seotion 3. If any pci'son or persons who have here- 
pauperL" toforc gained a legal settlement in said town of Phillipston 

by reason of residence in said territory set off' as afore- 
said,- or by having been proprietors of any part thereof, 
or who may derive such settlement from any such resi- 
dence or proprietorship, become in need of relief, aid or 
support as paupers, they shall be relieved and supported 
by the town of Templeton, in the same manner that they 
would have been had they gained a legal settlement therein. 
Section 4. This act shall take effect upon its passage. 

Approved April 5, 1892. 



Acts, 1892. — Chaps. 131, 132. 127 



An Act relating to the overseers of the poor of the city njjffq-^ iq-i 

OF boston. ■'■ 

Be it enacted, etc., asfolloios: 

Section 1 . Section three of chanter one hundred and ^^^^' i^s. § s, 

• 1^1 /•! -1 1111 amended. 

twenty-eight ot the acts oi the year eighteen hundred and 

sixty-four is hereby amended by striking out the word 

"April", in the tifth line of said section, and inserting 

in place thereof the word: — May, — so as to read as 

follows: — Section 3. The persons so first elected as Overseers of the 

overseers of the poor in the city of Boston, shall meet uon?e°cf^°'^^ 

and organize on the first Monday of the month succeeding 

their election, and those thereafterwards elected shall 

meet for that purpose on the first Monday in May of 

each year. They shall choose a chairman from their own 

number, and a treasurer, secretary, and such subordinate 

ofiicers as they may deem expedient, and shall define their 

duties and fix their respective salaries. 

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

Approved April 5, 1892. 

An Act making appropriations for certain expenses author- nj.^ry. 1^9 

IZED the present TEAR AND FOR 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 
Commonwealth from the ordinary revenue, for the pur- 
poses specified in certain acts and resolves of the present 
year, and for other expenses authorized by law, to wit : — 

For travelling expenses of senators, as authorized by senators, travel- 
chapter fifty-nine of the acts of the present year, a sum '"^s expenses. 
not exceeding three thousand dollars. 

For travelling expenses of representatives, as authorized Representa- 

1 1 i L'f^ • I' j\ jPji , lives, travelling 

by chapter htty-nine or the acts oi the present year, a sum expenses. 
not exceeding eighteen thousand seven hundred dollars. 

For salary and expenses of the fire marshal of the Fire marshal of 
city of Boston, as provided for in chapter three hundred BogJ'olf."^ 
and fifty-four of the acts of the year eighteen hundred and 
eighty-six, the sum of nine thousand nine hundred and 
thirty-nine dollars and ninety-nine cents, Avhich amount is 
payable to the treasurer of the city of Boston. 

For the widow of the late Gardiner Tufts, the sum of "^'dowofthe 
three hundred fifty-nine dollars and seventy-two cents, as Tufts. 



128 



Acts, 1892. — Chap. 133. 



Town of 
Osfoid. 



Joanna L. Cox. 



authorized by chapter six of the resolves of the present 
year. 

For the town of Oxford, the sum of two hundred sixty- 
six dollars and nineteen cents, as authorized by chapter 
seven of the resolves of the present year. 

For Joanna L. Cox, the sum of one hundred sixty-six 
dollars and sixty-seven cents, and the further sum of one 
hundred dollars as an annuity to said Joanna L. Cox, 
all of which is authorized by chapter eight of the resolves 
of the present year. 

For 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, as au- 
thorized by chapter nine of the resolves of the present 
year, a sum not exceeding two thousand dollars. 

For the Gettysburg battlefield memorial association, the 
sum of four hundred dollars, as authorized b}^ chapter ten 
of the resolves of the present year. 

For James Burke, the sum of one hundred dollars, as 
authorized by chapter eleven of the resolves of the present 
year. 

For the topographical survey and map of Massachusetts, 
as authorized by chapter twelve of the resolves of the 
present year, a sum not exceeding eighty-five hundred 
dollars. 

For certain repairs and improvements at the state farm 
at Ih'idgewater, a sum not exceeding twenty-three thou- 
sand dollars, as authorized by chapter thirteen of the 
resolves of the present year. 

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

Approved April 5, 1892. 

ChaV 133 ^'^ ^^^ RELATING TO THE PAYMENT OF OFFICIAL STENOGRAPUEKS 

OF THE SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Section two of chapter two hundred and ninety-one of 
the acts of the year eighteen hundred and eighty-five, as 
amended by section two of chapter seventy-four of the acts 
of the year eighteen hundred and eighty-seven, is hereby 
amended by striking out all after the word " rate ", in the 
fifteenth line of said section, and inserting in place thereof 
the following words : — to be paid by the county in which 
such trial may take place, Avhen certified by the presiding 
judge, — so as to read as follows : — Section 2. It shall 
be the duty of such stenographers to attend all sessions of 



Statistics rela- 
tive to families 
residing iu 
rented tene- 
ments in 
Boston. 



Gettysburg 
battlefield 
memorial asso- 
ciation. 

James Burke. 



Topographical 
survey and map 
ol the state. 



State farm at 
Bridgewaler. 



1885. 291, § 2; 
1887, 74, § 2, 
amended. 



Duties, cora- 
peusatiou. 



Acts, 1892. — Chap. 134. ' 129 

said court held for civil business in the counties for which 
they are severally appointed, and to take stenographic 
notes of all evidence taken at such trials and of the rulings 
and charge of the presiding judge, and when requested by 
such judge to read from such notes in open court any por- 
tion of the testimony so taken, and to furnish such judge, 
when requested, a transcript from such notes fully written 
out of such part of such testimony, charge or rulings as 
may be desired, and upon request to furnish either party 
to such action within a reasonable time a like transcript 
upon payment of ten cents a hundred words for each copy Allowance for 
so furnished. In case the presiding judge requires a ''"i"®^- 
transcript as aforesaid said stenographer shall be entitled 
to payment therefor at the same rate, to be paid by the 
county in which such trial may take place, when certified 
by the presiding judge. A2yproved April 6, 1892. 

An Act authorizing the city of lowell to take additional f^Tj^y^ 1S4 

LAND FOR THE ARMORY LOT. -^ 

Be it enacted, etc., asfoUoivs: 

Section 1. The city of Lowell ma}', for the enlarge- May take land 
ment of the armory lot already existing in and belonging o7armorn"t!°*^ 
to said city, take, by purchase or otherwise, and hold all 
such adjacent lands on the westerly side of said armory 
lot in said city as may be necessary for that purpose, and 
shall within sixty days after the taking of any lands, other- 
wise than by purchase, file and cause to be recorded in the 
registry of deeds for the northern district of the county 
of Middlesex, a description thereof as certain as is required 
in an ordinary deed of land, with a statement signed by 
the mayor that the same is taken for armorj^ purposes 
under the provisions of this act ; and the act and time of 
the filing thereof shall be deemed to be the act and time of 
the taking of such land, and to be sufficient notice to all 
persons that the same has ])een so taken. 

Section 2. Said city shall pay all damages sustained 9'^^*°^^-' 
by any person or corporation by the taking of any lands 
under this act, and shall, by its city council, make an 
award of said damages at the time of such taking ; and 
any person or corporation aggrieved by such award of 
damages may at any time within one year thereafter apply 
for a jury to revise the same, as in the case of land taken 
for highways in said city. 

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

Approved April 6, 1892. 



130 



Acts, 1892. — CnArs. 135, 136. 



Cambridge, 
Water Loan 



CJlCllJ 135 ^^ "^^^ ^^ AUTHORIZE THE CITY OF CAMBRIDGE TO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted^ etc. ^ asfolloivs: 

Section 1. The city of Cambridge by its city council 
is hereby authorized to issue, in addition to what it is 
already authorized by law to issue, scrip or bonds to be 
denominated on the face thereof, Cambridge Water Loan, 
to an amount not exceeding five hundred thousand dollars, 
bearing interest not exceeding four per centum per annum, 
payable semi-annually, the principal to be payable at 
periods not exceeding thirty years from the date of issue. 
Application of 'j'ljg proceeds of said loan shall be used in settlino- unpaid 

proceeds of ^ , i • i -i 

loan. damages for property taken, and tor completing the Stony 

brook water supply authorized by chapter two hundred 
fifty-six of the acts of the year eighteen hundred eighty- 
four ; and for constructing, com[)Ieting and keeping in 
repair roads adjoining and bounding lands bought and 
taken in connection with its Fresh pond reservoir, as au- 
thorized in chapter one hundred thirty-seven of the acts of 
the year eighteen hundred eighty-eight, and for building a 
bridije over the Watertown branch of the Fitchburg rail- 
road to connect such roads with Huron street extended ; 
and for any and all other purposes connected with the pro- 
tection of the water supply and the renewal, enlargement 
and construction of the water works of said city of 
Cambridge. 

Sinking fund. SECTION 2. All the provisious of chapter two hundred 
fifty-six of the acts of the year eighteen hundred eighty- 
four and the acts referred to therein, in regard to the 
establishment and maintenance of a sinking fund for the 
redemption of the Cambridge water loan, shall apply to 
the loan authorized by this act. 

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

Approved April 6, 1892. 

ChClV.VdQ "^^ ^^^ ^^ INCORPORATE THE WASHINGTON SAVINGS INSTITUTION 

OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. William J. Coughlin, John J. Donovan, 
Stephen J. Johnson, Lemuel W. Hall, John W. McEvoy, 
James J. Coffey, Thomas C. Lee, Charles Wheeler, Patrick 
Gilbride, George M. Harrigan, Humphrey O'Sullivan, 
Peter F. Conaton, John E. Drury, Robert E. Crowley, 



Washington 
Savings Institu- 
tion incor- 
porated. 



Acts, 1892. — Chaps. 137, 138, 139. 131 

Dennis Murphy, John J. Hogan, Patrick O'Hearn, Patrick 

J. Savage, John T. Seede, George T. Sheklon, their 

associates and t;uccessors, are hereby made a corporation 

by the name of the Washington Savings Institution, to 

be located in the city of Lowell ; with all the powers and gt^y®""^' '^""^''' 

privileges and subject to all the duties, liabilities and 

restrictions set forth in the general laws which now are 

or may hereafter be in force relating to savings banks and 

institutions for savings. 

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

Approved April 6, 1892. 

An Act to authorize the school for christian workers to nhfjj^ i Q7 

ADMIT WOMEN AS STUDENTS. ^ 

Be it enacted, etc., as foUoivs : 

The School for Christian Workers is authorized to women may be 
admit women as students. Approved April 6, 1892. stu'denu/^ 

An Act relating to the fraudulent conversion of money /^A^yiiqo 
OR securities deposited for a specific purpose. ^ 

Be it enacted, etc. , as folloivs : 

Whoever, as broker or as officer, manasrer or agent of fenaUy for 

-, -. 11. ^11 iiaudulent con- 

any incorporated company doing the business 01 brokers, version of 

having been entrusted, either solely or jointly with !ie°po*sUedfora 

another, w-ith any money, stocks or security for the pay- pose'.*^'^ ^"'^' 

ment of money, wnth any direction in writing to invest, 

dispose of, apply, pay or deliver such money, stocks or 

security, or any part thereof respectively, or the proceeds 

of the same or any part thereof, in any manner, for any 

purpose or to any person mentioned or specified in such 

direction, shall, in violation of good faith and contrary 

to the terms of such direction, embezzle or fraudulently 

convert to his ow^n use such money, stocks or security, 

or any part thereof, or the proceeds of the same, or any 

part thereof, shall be punished by imprisonment in the 

state prison not exceeding five years or in the jail not 

exceeding three years, or by a fine not exceeding five 

hundred dollars. Approved April 6, 1892. 

An Act providing compensation for the members of the /^i -1 qo 

STATE dairy BUREAU. ^' 

Be it enacted, etc., asfoUozvs: 

Section 1. From and after the first day of January Compensation of 
in the year eighteen hundred and ninety-two the members wau? ^^''^ 



132 Acts, 1892. — Chaps. UO, 141. 

of the state dairy bureau shall be allowed from the treas- 
ury of the Commonwealth five dollars a day for each day 
of actual service in the discharge of their duties as mem- 
bers of said bureau, in addition to their actual travelling 
expenses. The amount so allowed shall be paid from 
the sum now limited by section eight of chapter four hun- 
dred and twelve of the acts of the year eighteen hundred 
and ninetv-one for carrying forward the work of said 

»■■■ »/■ o 

bureau. 

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

Ap2)roved April 6, 1892. 



Chap 



.140 ^^ ^^^ ^^ AUTHORIZE THE PREPARATION FOR THE STATE LIBRARY 
OF AN INDEX OF CURRENT EVENTS. 



Be it enacted, etc., as folloivs : 
Index to current Sectiox 1. The trustccs and librarian of the state 

events, etc., con- 

tainedinthe libraiy are hereby authorized to cause to be prepared, at 
their discretion, an index to current events, and such 
other matters as they ma}^ deem important, contained in 
the newspapers of the day. 

Expense not to SECTION 2. There shall be allowed and paid from the 

exceed $1,000. c ^ r^ i ^ i 

treasury oi the Commonwealth, to defray the expense 
necessary to carry out the provisions of the preceding 
section, a sum not exceeding one thousand dollars 
annually. Approved April 6, 1892. 



OhciT) 141 ^^ "^^^ ^^ AUTHORIZE EDUCATIONAL AND RELIGIOUS ASSOCIATIONS 
TO DEFINE GROUNDS AND WAYS UNDER THEIR CONTROL AND TO 
ENFORCE REGULATIONS CONCERNING THE SAME. 

Be it enacted, etc., as follows : 

May define and Sectiox 1. Any cducatioual or religious association, 
gn)und8 and '^°" iucorporatcd uudcr chapter one hundred and fifteen of 
roTro'lllrc."' tlie Public Statutes, may define and fix bounds upon 
private grounds and private ways under its control lead- 
ing to public streets, railroads or railways, ponds or 
streams, for the purposes of its annual sessions, within 
which bounds no person shall be permitted to enter or 
pass unless in conformity with the regulations made by 
Regulations to its board of management : provided, that before its said 

be posted. . it'i • i />-iiii 

sessions, and during the continuance thereof, it shall have 
conspicuousl}^ posted at all entrances of said defined 
premises the said regulations. 



Acts, 1892. — Chaps. 142, 143. 133 

Section 2. The officers of said association may clesij?- Regulations 

^ „ .1 • 1 ^ • • 1 may be enforced 

nate aii}^ officers authorized to serve criminal processes by officers 
within any town or city of the county Avhere it is located, serv'^e cHminai 
to act at its sessions for the preservation of public peace, pf°<=eB8. 
the enforcement of its regulations and service of criminal 
processes within said defined premises. 

Section 3. Whoever, contrary to the aforesaid regula- Penalty. 
tions, after notice thereof, enters or passes within the 
bounds so fixed, shall be punished by a fine not exceeding 
five dollars. 

Section 4. The foregoing provisions shall not author- Not to obstruct 
ize any such association to occupy or include within such Ikway."*^" 
bounds the land of any person without his consent, nor to 
obstruct travel on any pulilic highway. 

Aiyproved April 6, 1892. 



Cha2).U2 



An Act to incorporate the williamstown savings bank. 

Be it enacted, etc., as foUoivs : 

Section 1. James White, Keyes Danforth, Clarence wiiuamBtown 
M. Smith, Stephen A. Hickox and Charles S. Cole, their fnTJr|orS 
associates and successors, are hereby made a corporation 
by the name of the Williamstown Savings Bank, with 
authority to establish and maintain a savings bank in the 
town of Williamstown ; 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 April 6, 1892. 



An Act to establish the salary of the first clerk of the 
secretary of the state board of agriculture. 



Chap.U^ 



lished. 



Be it enacted, etc., as follows : 

Section 1. The salary of the first clerk of the secre- salary estab- 
tary of the state board of agriculture shall be sixteen 
hundred dollars a year, to be so allowed from the first 
day of January in the year eighteen hundred and ninety- 
two. 

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

Approved April 6, 1892. 



134 



Acts, 1892. — Chaps. M4, 145. 



Allowance for 
clerical aesiBt- 
ance. 



May increase 
capital stock. 



(7Aai>.144 ^^ ^^'^ "^^ PROVIDE CLERICAL ASSISTANCE FOR THE TREASURER 

OF THE COUNTY OF BRISTOL. 

Be it enacted, etc., as folloivs : 

Section 1. From and after the first day of January 
in the year eighteen hundred and ninety-two, the treasurer 
of the county of Bristol shall be allowed for clerical assist- 
ance a sum not exceeding three hundred dollars a year, 
to be paid out of the treasury of the county to persons who 
actually perform the work, upon the certificate of said 
treasurer that the work is actually performed by them. 

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

Approved April 6, 1892. 

Ch(lJ).\4:5 ^ ^^"^ "^^ AUTHORIZE THE NEWTON AND BOSTON STREET RAIL- 
WAY COMPANY TO INCREASE ITS CAPITAL STOCK, EXTEND ITS 
LOCATION, ISSUE BONDS AND MORTGAGE ITS PROPERTY AND 
FRANCHISE. 

Beit enacted, etc., as follotos : 

Section 1. The Newton and Boston Street Eailway 
Company is hereby authorized to increase its capital stock 
to an amount which, together with the amount heretofore 
authorized, shall not exceed one hundred thousand dollars, 
for the purpose of extending its tracks upon such locations 
as may be granted by the mayor and aldermen of the city 
of Newton, and for the purchase of equipment. 

Section 2. The said company may extend, maintain 
and operate its tracks in any street or location granted to 
said company by the mayor and aldermen of the city of 
Newton, and on land acquired by the said company by pur- 
chase or by lease, or on land over which a right of way 
has been or may be acquired by said company. But said 
company shall not cross the tracks of any steam railroad 
at grade without first obtaining the written consent of the 
railroad commissioners. 

Section 3. The said company, from time to time, by 
a vote of a majority in interest of its stockholders at meet- 
ings called for the purpose, may issue coupon or registered 
bonds, bearing interest not exceeding six per centum per 
annum, to an amount not exceeding the amount of its cap- 
ital stock actually subscril)ed for and paid in, for a term 
not exceeding thirty 3'ears from date thereof; and to secure 
payment thereof, with interest thereon, the said company 
may make a mortgage of its road and franchise and 



May extend its 
tracks, etc. 



May issue 
bonds, etc. 



Acts, 1892. — Chap. 146. 135 

any part of its other propert3% and may include in such 
mortgage property thereafter to be ac(|uired. Said com- 
pany may in such mortgage reserve to its directors the 
right to sell or otherwise in due course of business dispose 
of property included in such mortgage, which may become 
worn, damaged or otherwise unsuitable to be used in the 
operation of its road, provided that an equivalent in value 
be substituted in lieu thereof. 

Section 4. All bonds so issued shall first be approved ^ertuie'dthat 
])y some person appointed by the corporation for that pur- they are 
pose, who shall certify upon each bond that it is properly 
issued and recorded. 

Sectiox 5. This act shall take effect upon its passage. 

Approved April 6, 1892. 



Chap.lAQ 



An Act providing for the consolidation of the boston in- 
dustrial TEMPORARY HOME AND THE APPLETON TEMPORARY 
HOME. 

Be it enacted., etc., as folloivs : 

Section 1. The Boston Industrial Temporary Home, corporations 
and the Appleton Temporary Home, corporations situated "a^L^ofthe"'^^'^ 
in the city of Boston, are authorized to unite and form u°ai^Home."^" 
a single corporation under the name of the Boston Indus- 
trial Home ; and the consolidated corporation shall have 
the powers, privileges, duties and liabilities of each of the Powers aud 
original corporations, and shall further have all the pow- ''""°®- 
ers and privileges and be subject to all the duties, liabili- 
ties and restrictions set forth in chapters one hundred and 
five, one hundred and six and one hundred and fifteen of 
the Public Statutes, and acts in amendment thereof, so far 
as the same may be applicable to such corporation. 

Section 2. All gifts, grants, bequests and devises Property to be 
heretofore or hereafter made to the Boston Industrial loudated cor* 
Temporary Home, or the Appleton Temporary Home, P°'''»ti°°- 
and all property of either of said corporations shall, if 
said corporations unite in accordance with the provisions 
of this act, vest in said consolidated corporation. 

Section 3. Said Boston Industrial Temporary Home certificate to 
and said Appleton Temporary Home may accept the pro- aceept!TOee"of° 
visions of this act at any time within one year from its ^'^'* '''^^• 
passage. And upon presentation of proper evidence of 
such acceptance to the commissioner of corporations, he 
shall issue his certificate that such union is efi^ected, and 
such union shall take effect on the day of the date of said 
certificate. 



136 Acts, 1892. — Chaps. 147, 148, 149. 

First meeting, Sectiox 4. The fii'st iiieetino; of the consolidated cor- 



etc. 



poration shall be held on the second Friday after the date 
of said certificate, at a place and time to be fixed by both 
of said corporations at the meeting at which this act is 
accepted. The consolidated corporation at its first meet- 
ing may adopt new by-laws and elect new officers. 

Section 5. This act shall takeeflect upon its passage. 

Approved April 6, 1892. 

(7Aft/J.147 -^^ ^^^ RELATING TO THE TIME OF MARKING SHADE TREES FOR 

THEIR PRESERVATION. 

Be it enacted, etc. , as foUoivs : 

Renewal of SECTION 1. The officials chargccl with the duty of 

shade trees for marking Ornamental and shade trees, for their preserva- 
prefeeiva ion. ^q^^^ withiu thc limits of higliways, under the provisions 
of chapter one hundred and ninety-six of the acts of the 
year eighteen hundred and ninety, may make and renew 
such marks at such seasons of the year as they deem 
proper. 

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

Approved April 6, 1892. 

ChClV-^^S -^^ ^^^ '^ REFERENCE "TO THE RETURN DAYS OF WRITS ISSDED BY 
TRIAL JUSTICES AND DISTRICT, POLICE AND MUNICIPAL COURTS. 

Be it enacted, etc., as folloios: 
Writs to be Section 1. No original writ issued by a trial iustice, 

returnable not .,., ,.^ .., ini 

more than sixty or by a district, policc or municipal court, shall be return- 
ays rora a e. ^y^^ more thaii sixty days from the date thereof. 

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

Approved April 6, 1892. 

C'A«?9.149 ^^ ^^^ RELATING TO THE PUBLIC CEMETERIES IN THE CITY OF 

WOBURN. 

Be it enacted, etc., as follotvs : 
1884, 109 §3, Section 1. Section three of chapter one hundred and 

amended. , n ^ • ^ • i iiin-i 

nine oi the acts or the year eighteen hundred and eighty- 
four is hereby amended by inserting after the word " exe- 
cuted", in the third line thereof, the words: — by the 
treasurer of Woburn, — also by inserting after the word 
"structures", in the sixth line thereof, the words: — in 
said Woburn cemetery and public burial grounds, — also 
by striking out the word *' may", in the ninth line, and 
inserting in place thereof the w^ord : — shall, — and by 



Acts, 1892. — Chap. 149. 137 

striking- out the words " said board of commissioners", in 
tlie tenth line, and inserting in place thereof the words : 

— said treasurer, — so as to read as follows : — ^Section 3. May convey by 

c~\ • -y • • 1 • deed right of 

Said board of commissioners shall have authority to grant bunai, etc. 
and convey to any person, by deed or suitable conveyance 
made and executed by the treasurer of Woburn in such 
manner and form as they may prescribe, the sole and ex- 
clusive right of burial, and of erecting tombs, cenotaphs 
and other monuments or structures in said Woburn cem- 
etery and public burial grounds, upon such terms and con- 
ditions as they shall by rules and regulations prescribe ; 
and all such deeds and conveyances, and all thereafter 
made of the same by the owners thereof shall be recorded 
by said treasurer in suitable books of record, which said 
books shall ])e open to the public at all proper times. 

Section 2. Section five of said chapter is hereby is84, 109, §5, 
amended by striking out the words " Said board of com- •'''^®°'^®'^- 
missioners are ", in the first line, and inserting in place 
thereof the words : — The city of Woburn by its treasurer 
is, — and by striking out the words " themselves and their 
successors ", in the fourteenth line, and inserting in place 
thereof the Avords : — the city of Woburn, — so as to read 
as follows : — Section 5. The city of Woburn by its treas- May hold appro- 
urer is authorized to take and hold any appropriation, grant, que^^^etc/ 
donation, gift or bequest heretofore made or hereafter to be 
made upon trust, to apply the same or the income thereof . 
for the improvement or embellishment of said cemetery, 
or for the erection, repair or renewal of any monument, 
cenotaph, tablet, fence or other structure therein, or for 
the care, improvement or embellishment of any lot or its 
appurtenances in any manner or form consistent with the 
purposes for which said cemetery is established, according 
to the terms t)f such appropriation, grant, donation, gift or 
bequest, or upon such terms and conditions as said board 
may establish, and may by an agreement or obligation bind 
the city of Woburn so to apply the same. 

Section 3. Section six of said chapter is hereby is84, 109, § e, 
amended by striking out the word "town", in the first "™'^° ^ 
and eighth lines, and inserting in place thereof the word : 

— city, — also by striking out the Avords " I)oard of com- 
missioners", in the third and fourth lines, and inserting in 
place thereof the Avorcl : — treasurer, — also by striking 
out the words "the town treasurer of said Woburn", in 
the fourth and fifth lines, and inserting in place thereof the 



138 



Acts, 1892. — Chap. 150. 



Funds to be in- 
vested by treas- 
urer under di- 
rection of the 
commissioners. 



Chaj) 



word : — him, — and by striking out the words " said board 
of commissioners and town treasurer shall be responsible 
to said town of Woburn for the faithful performance of 
their respective duties under the provisions of this act ", 
in the thirteenth, fourteenth, fifteenth and sixteenth lines, 
and inserting in place thereof the words : — The bond of 
the treasurer of Woburn shall apply to and include duties 
performed under this act, — so as to read as follows : — 
Section 6. All funds now in the treasury of said city of 
Woburn, belonging to the account of said cemetery and 
any and all sums of money so received by said treasurer, 
shall be invested ])y him under the direction of said board 
of commissioners, and all the same and all property so re- 
ceived shall ever be kept separate from any other money's 
or property belonging to said city, and the income of the 
same shall be received by its treasurer, be subject to the 
order of said board of commissioners, and be appropriated 
by them in such manner as shall in their opinion best pro- 
mote the purposes for which said appropriation, grant, 
donation, gift or bequest was or is made. The bond of 
the treasurer of Woburn shall apply to and include duties 
performed under this act. 

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

Approved Apiril 6, 1892. 



.150 -^^ ■^^'^ '^^ AUTHORIZE THE CITY OF NEW BEDFORD TO BORROW 
MONEY FOR PARK PURPOSES BEYOND THE LIMIT FIXED BY LAW. 



New Bedford 
Park Loan. 



Treasurer to 
eell bonds, etc. 



Be it enacted, etc., asfolloios: 

Section 1 . For the purpose of paying for lands hereto- 
fore acquired or which may hereafter be acquired by the 
city of New Bedford for public parks, and for defraying 
the cost and expenses of constructing said parks, the city 
council of said city may, by votes passed from time to time 
in the manner provided by section seven of chapter twenty- 
nine of the Public Statutes, authorize its treasurer to issue 
negotiable bonds or certificates of indebtedness to be de- 
nominated on the face thereof. New Bedford Park Loan, 
to an amount not exceeding one hundred thousand dollars, 
payable in periods not exceeding fifty years from date and 
bearing interest at a rate not exceeding four per cent, per 
annum. 

Section 2. Said treasurer shall sell said bonds or cer- 
tificates, or any part thereof, from time to time, and retain 
the proceeds thereof in the treasury of said city and pay 



Acts, 1892. — Chap. 151. 139 

therefrom the expenses incurred tor the purposes afore- 
said. 

Section 3. The debt and loans authorized by this act Loan not to be 

,-, ' ^ T ^ •!• 1 !••/' 11 J- J included within 

shall not be included within the limit nxed by section two the prescribed 
of chapter three hundred and twelve of the acts of the year ® ' ™' • 
eighteen hundred and eighty-tive. 

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

Approved April 6, 1892. 



An Act to incorporate the Plymouth county railroad com- nf,nj) 151 

PANY^. ^ 

Be, it enacted, etc., asfoUoivs: 

Section 1. Henry Norwell, Ebenezer T. Fogg, John Plymouth 
F. Simmons, Charles H. Killam, Jedediah Dwelley, roTdVompVny 
Alpheus Thomas, Seth Sprague, Charles S. Cushing, their ^^'=<>'p°'^'^^- 
associates and successors, are hereby made a corporation 
by the name of the Plymouth County Railroad Company ; 
with all the powers and privileges and subject to all the 
duties, restrictions and liabilities set forth in the general 
railroad laws which are now or may hereafter be in force 
relating to railroad corporations, except as hereinafter 
provided. 

Section 2. Said corporation is hereby authorized to Location and 
locate, construct, maintain and operate a railroad, with <=oi^»''"'^'i°"- 
one or more tracks, commencing at some suitable point 
on the Old Colony railroad at or near the village of East 
Weymouth, in the town of Weymouth, and running thence 
through said Weymouth l)y the most feasible route to a 
point in Hingham ; thence through said Hingham in a gen- 
eral southerly direction by the most feasible rOute to a 
point near Queen Anne's Corner, in the town of Norwell ; 
thence through said Norwell, Hanover and jNIarshlield to 
a terminus near Brant Rock, in the town of Marshtield. 
Again l^eginning at a point on the Hanover branch rail- 
road in the town of Hanover aforesaid, and near Curtis' 
crossing, so-called, and running thence by the most feas- 
ible route through said Hanover, Pembroke, and to a point 
on said first described route in said town of Marshtield ; 
and to transport and carry persons and property, by steam, 
mechanical or any other power that said corporation may 
choose to apply. 

Section 3. The capital stock of said corporation shall Capital stock 

1 1 11 1 -• f 1 1111 '11 •• and shares. 

be two hundred and hity thousand dollars, with the privi- 



140 



Acts, 1892. — Chap. 151. 



First meeting 
may be called 
when $50,000 
has been sub- 
scribed, etc. 



Towns may 
take shares or 
purchase bonds 



Proviso. 



Corporation 
may make con- 
tracts with any 
other railroad 
company. 



May borrow 
money and issue 
bonds for pay- 
ment, etc. 



lege of increasing the same at the pleasure of the corpo- 
ration, and by a vote of the directors thereof, to any 
amount not exceeding five hundred thousand dollars, to be 
divided into shares of one hundred dollars each. 

Section 4. The persons named in the first section of 
this act, or a majority of them, are hereby authorized to 
call the first meeting of the stockholders of the corpora- 
tion whenever the sum of fifty thousand dollars has been 
subscribed to the capital stock, to choose directors and to 
perfect the organization of said corporation ; and when- 
ever said corporation shall have been so organized, and at 
least ten per cent, of the capital stock subscribed has been 
paid in, it may proceed to begin the construction of the 
railroad hereinbefore specified. 

Section 5. Any town within whose limits the road of 
said corporation shall be located may subscribe for shares 
in the capital stock of said corporation, or may purchase 
its bonds, without the restrictions contained in the statutes 
of this Commonwealth : provided, that said subscription 
shall be void unless at least twenty per cent, of the capital 
stock of the corporation is actually paid in cash, and at 
least ten per cent, of the capital stock is actually expended 
by it in the construction or equipment of its road. 

Section 6. Said corporation may make any lawful 
contract with any other railroad company in relation to its 
business or property, and may take a lease of the property 
and franchise, or lease its property or franchise to, or 
make joint stock or consolidate with, any such railroad 
company ; and any company may make with said company 
the contracts aforesaid. 

Section 7. Said corporation may borrow money for 
any lawful purpose, and may, by vote at a meeting duly 
called for the purpose, issue coupon or registered bonds 
for the payment of money borrowed, and may mortgage or 
pledge as security for the payment of said bonds a part or 
all of its railroad equipment or franchise, and a part or all 
of its property, real or personal. Such bonds may be 
issued to an amount not to exceed at any time the sum of 
twenty thousand dollars per mile actually constructed and 
ready for operation. And in all other respects other 
than as herein specified such bonds shall conform and be 
subject to, and said company shall issue the same in con- 
formity with, all laws authorizing and regulating the issue 
of bonds by railroad companies. 



Acts, 1892. — Chaps. 152, 153. Ml 

Section 8. The Plymouth County Ruih'oad Company To be located 
shall locate its road within three years, and the same shall yeaiTand tobe 
be constructed within live years from the date of the pas- ^"uhlnflve^ 
sage of this act. y^""'^- 

Section 9. The tracks of said railroad company shall SighwfySve 
in no case cross any public hiohway at ffrade, but shall in or'beiow grade 

*' '"-^ ^ * of trficks 

all cases cross said public highway above or below the 
grade thereof. 

Section 10. The said company shall not sell or assign NottoBeii 
its charter or the rights and privileges herein granted excep^'eV.'' 
except as hereinbefore set forth. 

Section 11. This act shall take eiiect upon its passage. 

Approved April 6, 1892. 

An Act regulating the use of embalming fluid in cases Qjidrt 152 

WHERE PERSONS ARE SUPPOSED TO HAVE COME TO THEIR DEATH 
BY VIOLENCE. 

Be it enacted^ etc., as follows: 

No embalming fluid, or any substitute therefor, shall be use of embalm- 
injected into the dead body of any person who is sup- refuiated. 
posed to have come to his death by violence, until a per- 
mit therefor in writing, signed by the medical examiner, 
has been first obtained. Approved April 11, 1892. 

An Act to authorize the city of somerville to borrow f^hf^,^ "| kq 

MONEY IN EXCESS OF THE LIMIT ALLOWED BY LAW, FOR PAVING ^ 

SOMERVILLE AND WEBSTER AVENUES. 

Be it enacted, etc., as follows : 

Section 1. The city of Somerville, for the purpose of i^o,^e''.°forpav- 
grading and paving Somerville avenue and Wel)ster ave- Jag somerviiie 
nue in said city, or such parts thereof as the city council avenues. 
from time to time may deem advisable, may incur indebt- 
edness to an amount not exceeding one hundred thousand 
dollars, and may from time to time, by a vote passed in the 
manner provided by section seven of chapter twenty-nine 
of the Public Statutes, issue and sell negotiable notes, bonds 
or scrip therefor, signed by its treasurer and countersigned 
by its mayor, payable in periods not exceeding twenty 
years from the date of issue and bearing interest at a rate 
not exceeding four per centum per annum. 

Section 2. The debt and loan authorized by this act, Loan not to be 
and the notes, bonds or scrip issued therefor, shall not be the debt limu 
considered or reckoned in determining the authorized limit ^^^ ^^ ''*^' 
of indebtedness of said city under the provisions of section 



142 



Acts, 1892. — Chap. 154. 



Evergreen 
Cemetery 
Association 
incorporated. 



four of chapter twenty-nine of the Public Statutes, and 
acts in amendment thereof or supplementary thereto. 
Section 3. This act shall take effect upon its passage. 

Approved April 12, 1892. 

Ch(tp.\54: ^^ ^^"^ "TO INCORPORATE THE EVERGREEN CEMETERY ASSOCIATION 

OF STOUGHTON. 

Be it enacted, etc., asfolloivs: 

Sectiox 1. Newton Talbot, Elisha C. Monk, Albert 
AV. Holmes, Charles Tenney, George W. Dutton, Kilburn 
R. Cliftbrd, Alonzo A. Lamb, Eliot A. Curtis, Samuel 
Paul, James Hill, Amanda M. Drake, Jesse Holmes, 
Oscar A. Marden, George Wales, Albert N. Clapp, 
Moses Liniield, William H. Southworth, Xathaniel Wales, 
Charles R. Seaver, John Pye, Lemuel Gay, Eben R. 
Faxon, Henry E. Wilkins, Charles Pye, Emily E. Bran- 
igan, Hiram Parker, Luther Clark, Oscar L. Liniield, 
Henry C. Kimball, Sarah T. Graham, Alfred Upham, 
Esther T. Johnson, George A. Wales, Charles Gold- 
thwait, Horace W. Lowe, Richard B. Ward, Joshua W. 
Reynolds, Robert S. Sumner, David Forsaith, Edwin A. 
Jones, Isaac Y. Marston, James Cornish, Mary E. Mead, 
Henry AV. Brittou, Joshua Britton, Isaac Capen, Abby M. 
Holmes, Xathan W. Morton, Arabella F. Capen, Nathaniel 
M, Warren, Levi K. Drake, Hannah H. Tower, William 
H. AVhite, Jr., Wilmot F. Fisher, John Soule, Daniel W. 
Hansell, Laura A. Upham, George H. Goward, Eliphalet 
H. Elmes, Newell S. Atwood, Walter R. Swan, Francis 
Carr, Charles Jones, Charles A. Stevens, Robert Burn- 
ham, Clarence Mead, Charles H. Drake, Edward E. Curtis, 
Joseph H. Curtis, John H. Curtis, Eliphalet Gay, George 
H. Curtis, Samuel W. Curtis, Amelia M. Clifton and Mary 
E. Phinney, their associates and successors, are hereby 
made a corporation by the name of the Evergreen Ceme- 
tery Association, for the purpose of acquiring, holding, 
caring for, improving, managing and perpetuating a place 
for the burial of the dead in the town of Stoughton ; with 
all the powers and privileges and subject to all the duties, 
restrictions and liabilities contained in general laws which 
now are or hereafter may be in force relating to similar 
corporations, except as otherwise herein provided. 
May take pos- SECTION 2. Said corporatiou is hereby authorized to 

session, etc., of . i i/>ii- 

the Evergreen take posscssiou and assuiuc legal control or the buiy ing 
Stoughton!" ground situated in Stouo;hton, known as the Evergreen 



Powers and 
duties. 



Acts, 1892. — Chap. 151. 143 

cemetery, and may acquire by gift, bequest, devise or 
purchase, so much other real estate and personal property 
as may be necessary for the objects connected with and 
appropriate for the purposes of said association : provided, I'roviso. 
that nothinii: herein contained shall affect the individual 
rights of the present proprietors of lots in said cemetery 
procured for burial purposes. 

Section 3. Any person now owninir a lot in said Members of 

J jr . . . ' , corporation. 

Lvergreen cemetery may participate in the organization 
of this corporation, and after the organization thereof any 
person who shall become proprietor of a lot in any lands 
acquired b}' said corporation, and any person who is or 
may become proprietor of a lot, whether by deed or other- 
wise, in the real estate described in section two of this 
act, at such time as the same is taken by said corpo- 
ration, shall be and become members of said corporation 
upon applying to the trustees hereinafter mentioned and 
receiving from the corporation a deed of ownership of 
such lot ; and whenever any person shall cease to be the 
proprietor of a lot in the lands of said corporation he shall 
cease to be a member thereof. 

Section 4. Said corporation shall, within sixty days To me, within 
after taking the burial ground in Stoughton, known as th^LgXy'of 
Evergreen cemetery, which taking maybe by vote passed ecTiption of the 
at its meeting for organization or at any special meet- i-'nd taken. 
ing thereafter called and held for that purpose, file and 
cause to be recorded in the registry of deeds of Norfolk 
county a description of said land sufficiently accurate for 
identification. 

Section 5. All the net proceeds of sales of lots in the Application of 
lands held by said corpcn-ation shall be forever devoted sales STou! °^ 
and applied to the preservation, improvement, embellish- 
ment, protection and enlargement of said cemetery and 
the incidental expenses thereof, and to no other purpose. 

Section (5. Said corporation is hereby authorized to Mayhoiddona. 
take and hold any grant, donation or bequest of property, uusLlori'm."" 
upon trust, to apply the same or the income thereof for Pt'cToTceme- 
the improvement, embellishment or enlargement of said '^''y- 
cemetery, or for the erection, repair, preservation or 
removal of any monument, fence or other structure, or 
for the planting and cultivation of trees, shrubs or plants 
in or around any lot, or for improving said premises in 
any other manner or form consistent with the purposes 
for which said corporation is established, accordinir to the 



144 



Acts, 1892. — Chap. 154. 



Officers of the 
corporation. 



May provide tei'ms of sucli orant, donation or bequest; and whenever 

for perpetual , ^ , . ■• t • f 

care of lots, etc. any such gHint, donation or bequest, or any deposit oi 
money, shall be made by the proprietor of any lot in said 
cemetery for the annual repair, preservation or embel- 
lishment of such lot and the structures thereon, the said 
corporation may give to such proprietor or his repre- 
sentatives an agreement or obligation in such form and 
upon such conditions as it may establish, binding said 
corporation and its successors to preserve and keep in 
repair said lot forever, or for such period as may be 
agreed upon. 

Sectiox 7. The officers of said corporation shall con- 
sist of ten trustees, a treasurer and a clerk, who shall be 
elected at the annual meeting of said corporation, a presi- 
dent to be elected annually b}'' the trustees from their 
number, and such subordinate officers as may be provided 
for 1)}^ the by-laws. Said treasurer and clerk shall each 
be elected for one year and until his successor is elected 
and qualified. Said trustees shall be elected two each 
year for the term of five years : provided, hoivever, that 
at the first election two trustees shall be elected for one 
year, two for two years, two for three years, two for four 
years and two for five years. Said trustees shall have 
the general management, care and superintendence of the 
property, expenditures, business and affairs of said corpo- 
ration, and of the sale of lots in said cemetery, and shall 
make a report of their doings to the corporation at its 
annual meeting. The treasurer shall give such bonds as 
the trustees direct. In case of a vacancy in said board of 
trustees, or in the office of treasurer or clerk, ])y death, 
resignation, removal or otherwise, such vacancy may be 
filled for the unexpired term at any annual or special 
meeting of the corporation. 

Section 8. The said corporation shall pay all dam- 
ages sustained by any person or corporation in property 
by the taking of any land or other property, or by any 
other thing done by said corporation under the authority 
of this act. Any person or corporation sustaining dam- 
ages as aforesaid under this act, who fails to agree with 
said corporation as to the amount of damages sustained, 
may have the damages assessed and determined in the 
manner provided by law when land is taken for the laying 
out of highways, on application at any time within the 
period of one year from the taking of such land or other 



Corporation to 
pay damages 
sustained. 



Acts, 1892. — Chap. 155. 145 

property or the doing of other injury under the authority 
of this act ; but no such application shall be made after 
the expiration of one year. 

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

Approved April 13, 1892. 



An Act to authorize the city of malden to incur a debt 

FOR park purposes BEYOND THE LIMIT FIXED BY LAW. 



Chaj).155 



Be it enacted, etc., as follows: 

Section 1 . For the purpose of paying for lands here- May issue 

.<. • -I ^ • ^ 1 i-j.1 -iiji bonds, etc., not 

totore acquired or which may hereatter be acquired by the exceeding 
city of ^Maiden for public parks, and for defraying the cost *i'^'^>'^"'^- 
and expenses of constructing said parks, said city may by 
votes passed from time to time in the manner provided 
by section seven of chapter twenty-nine of the Public 
Statutes, authorize the issue of negotiable bonds or certifi- 
cates of indebtedness to an amount not exceedinof one 
hundred thousand dollars, payable in not exceeding fifty 
years from their date and bearing interest at a rate not 
exceeding four per cent, per annum, to be denominated 
on the face thereof, Public Park Loan. 

Section 2. When authorized by said city as hereinbe- Bonds may be 
fore provided, and on the request of the board of park Ind'expenses' 
commissioners ap[)roved by the mayor, said bonds or cer- "om p^ioc^'eds. 
tificates, to the amount requested, may be issued or sold 
and the proceeds thereof retained in the treasury of said 
city, and the cost and expenses incurred for the purposes 
aforesaid may be paid therefrom, subject to the provisions 
of chapter one hundred and fifty-four of the acts of the 
year eighteen hundred and eighty-two, authorizing and 
regulating such expenditures. 

Section 3. The debt and loan authorized by this act Debt not to be 
shall not be reckoned in determining the authorized limit tlrm^oiug^au-'^ 
of indebtedness of said city under the provisions of section Indebtedness!"^ 
four of chapter twenty-nine of the Public Statutes, as 
amended by section two of chapter three hundred and 
twelve of the acts of the year eighteen hundred and 
eight3^-five. 

Section 4. The board of park commissioners may commissioners 
assess upon any real estate which, in the opinion of said Se^for^bette!-. 
board, receives any benefit or advantage from the laying ™'^°'^- 
out of a pul)lic park or parks, ])eyond the general advan- 
tages ihci-cfrom to all real estate in said city, one half the 



146 



Acts, 1892. — Chap. 155. 



Sinking fund to 
be established, 
etc. 



Subject to ac- 
ceptance by a 
majority vote. 



When to take 
effect. 



amount of betterments accruing to said real estate by the 
laying out of said public park or parks. Said real estate 
subject to such assessment may include the remainder of 
the land of which a part is taken for said public park or 
parks, and real estate which does not abut upon the park, 
from the laying out of which the betterments accrue, or 
upon a street or way bounded upon such park. Said 
board in assessing such betterments and determining the 
amount thereof shall have the same authority that is con- 
ferred by chapter fifty- one of the Public Statutes upon 
boards of city or town oflScials, authorized to lay out 
streets or ways, to assess betterments, and the i)ro- 
visions of the first eight sections of said chapter shall 
apply to such assessments by said board of park com- 
missioners in respect to the location and laying out of 
parks. 

Section 5. The city shall, on issuing any of said 
bonds or certificates of indebtedness, establish a sinking- 
fund and apportion thereto from year to year an amount 
sufficient with its accumulations to extinguish the debt at 
maturity. In such apportionment to said sinking fund, 
one two hundredth part of the amount of bonds or certifi- 
cates of indebtedness issued shall be set apart for said 
sinking fund in each of the first ten years ; one one hun- 
dred and fiftieth part in each of the second ten years ; one 
one hundredth part in each of the third ten years ; one 
seventy-fifth part in each of the fourth ten years ; and the 
remainder shall be equally divided in the last ten years. 
Such sinking fund and its accumulations shall be used for 
no other purpose than the payment and redemption of 
such debt. Any premium realized in the sale of said 
bonds or certificates of indebtedness shall be applied to 
the payment of the interest on said loan as it accrues. 

Section 6. This act shall be submitted to the qualified 
voters of the city of Maiden for acceptance at the next 
annual municipal election held therein, and the affirma- 
tive votes of a majority of the voters present and voting 
thereon shall be required for its acceptance. 

Section 7. So much of this act as authorizes the sub- 
mission of the question of its acceptance to the voters of 
said city shall take effect upon its passage, but it shall 
not further take effect unless accepted by the voters of 
said city as herein provided. Approved April 13, 1892. 



Acts, 1892. — Chaps. 156, 157. 147 

An Act authorizing the boston and revere electric street nj^r,^^ 1 rrf? 

RAILWAY COMPANY TO CONSTRUCT TRACKS UPON LOCATIONS ^ 

GRANTED BY THE SELECTMEN OF WINTHROP. 

Be it enacted, etc., asfolloivs: 

Sectiox 1. Section one of chapter lift}— one of the acts isso, 51, § i;363 
of the year eighteen hundred and eighty-nine, as amended '*™®°'^®'^- 
by chapter three hundred and sixty-three of the acts of the 
same year, is hereby amended by inserting after the word 
" necessary ", in the fourth line of said section, the words : 
— in the town of Winthrop, upon the locations which have 
been or may be granted by the selectmen of the town of 
Winthrop, also, — so as to read as follows : — Section 1. 
The Boston and Revere Electric Street Railway Company May construct 
is hereby authorized to construct, maintain and operate a catfons^i'ranted 
railway with single or double tracks, in such manner as men^of win-' 
may be convenient and necessary, in the town of Win- ^'^''OP' «*<=■ 
throp, upon the locations which have been or may be 
granted by the selectmen of the town of Winthrop, also 
from the northerly terminus of Walley street at Orient 
Heights in the city of Boston, to a connection with Ocean 
avenue near Crescent Beach in the town of Revere, and 
crossing Winthrop avenue near Beachmont in said town 
of Revere, upon and over the private way known as 
Washburn avenue, laid out nearly parallel with and about 
one hundred feet westerly from the westerly line of the 
location of the Boston, Revere Beach and Lynn Railroad : 
provided, said company shall procure the consent of the Proviso. 
owners of the land included within the limits of said 
private way so to do. 

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

Approved April 13, 1892. 
An Act to authorize division number nineteen, ancient njffjj) 1 Pi7 

ORDER OF HIBERNIANS, OF NORTHBRIDGE, TO HOLD REAL AND 
personal ESTATE AND MORTGAGE THE SAME. 

Be it enacted, etc., as follows: 

Division Number Nineteen, Ancient Order of Hibernians, May hoia real 
of the town of Northbridge, incorporated under the laws ts^aFellT'^^ 
of the Commonwealth, is hereby authorized to hold real ^^1!"*^^^^^ 
and personal estate to an amount not exceeding twenty- 
five thousand dollars, and mortgage the same to secure 
indebtedness to be incurred in the erection of a building 
to be used in part for a hall or place of meeting for said 
corporation. Approved April 13, 1892. 



148 Acts, 1892. — Chaps. 158, 159. 



Chctp.l.5S ^N "^CT TO AUTHORIZE THE TOWN OF READING TO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted, etc. , as follows : 

^dui^nafwater SECTION 1. The towH of Reading, for the purposes 

loan. mentioned in section six of chapter four hundred and five 

of the acts of the year eighteen hundred and eighty-nine, 

may issue bonds, notes or scrip, to be denominated on the 

face thereof, Reading Water Loan, to an amount not 

exceeding fifty thousand dollars in addition to the amounts 

heretofore authorized by law to be issued by said town for 

the same purposes ; said bonds, notes or scrip to be issued 

upon the same terms and conditions and with the same 

powers as are provided in said act for the issue of the 

^bondsTtc"^^ Reading water loan b}^ said town : provided, that the 

S^L'^n^'f'^^'^'^ whole amount of such bonds, notes or scrip issued by 

$200,000. -Ill /. ^ • 1 

said town, together with those heretotore authorized to 
be issued by said town for the same purposes, shall not 
in any event exceed the amount of two hundred thousand 
dollars. 

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

Ajjproved April 13, 1892. 



Chap 



.159 ^^ ^^^ AUTHORIZING CERTAIN BOARDS AND COMMISSIONS TO 
CONSULT AND ADVISE WITH THE ATTORNEY-GENERAL ON QUES- 
TIONS OF LAW RELATING TO THEIR OFFICIAL BUSINESS. 

Be it enacted, etc. , as folloios : 

p. s. 17, § s, Section eight of chapter seventeen of the Public Statutes 

is hereby amended by striking out all after the word 
" commissioner", in the second line thereof, and inserting 
in place thereof the following words : — the board of harbor 
and land commissioners, the board of lunacy and charity, 
the board of health, the civil service commissioners, the 
commissioner of corporations, the commissioner of foreign 
mortgage corporations, the gas and electric light commis- 
sioners, or by the commissioners of savings banks, consult 
and advise with them respectively on questions of law 
relating to their official business, — so as to read as fol- 

Theattnruey- lows : — SectioTi 8. Hc shall, whcu required by the sec- 

general to eon- 3- . . ij-i.' 

suit and advise I'ctary, treasurer, adiutant <jeneral, auditor, insurance 

with certain •• j^ii*!/*""!! iii 

oiiicers, boards, commissiouer, the board oi harljor and land commis- 
ti'ons^o^^aw^re. sioucrs, the board of lunacy and charity, the board of 
''ffi^^i^K^'^"'' health, the civil service commissioners, the commissioner 

oincial D«gine»8. ' , , . ' . 

of corporations, the commissioner of foreign mortgage 



Acts, 1892.— Chaps. 160, 161, 162. 149 

corporations, the gas and electric light commissioners, or 
by the commissioners of savings banks, consult and advise 
with them respectively on questions of law relating to 
their official business. Approved April 13, 1892. 

An Act gfving trial jostices jurisdiction of cases of fJfiQij^XQO 

DRUNKENNESS. 

Be it enacted, etc., as follows: 

Trial justices shall, in their respective counties, have JuiiBciiction of 
jurisdiction, concurrent with the superior court, of all iin,^i2il'^^^' 
cases arising under chapter four hundred and twenty- 
seven of the acts of the year eighteen hundred and ninety- 
one, and may impose the penalties therein provided for 
the offence of drunkenness. Approved April 13, 1892. 

An Act to authorize the town of abington to issue bonds (JJiaij^lQI 

FOR the purpose OF MEETING A PORTION OF ITS WATER DEBT 
AS THE SAME MATURES- 

Be it enacted, etc., as follows: 

Section 1. For the purpose of retirino; a portion of ^^ayissue 

D0DC18 etc. for 

its water bonds becoming due each year, from the year purpose of 're- 
eighteen hundred and ninety-three to the year nineteen bomfs.^^ ^^ 
hundred and sixteen, inclusive, the town of Abington 
may issue from time to time in any or all of said years, 
bonds, notes or scrip to an amount not exceeding three 
thousand dollars in any one year. Such bonds, notes or 
scrip shall be issued under the terms and conditions speci- 
fied in sections five and six of chapter two hundred and 
six of the acts of the year eighteen hundred and eighty- 
five, and shall be used exclusively for the purpose of retir- 
ing water bonds of said town which are now outstanding. 
Section 2. This act shall take efiect upon its passage. 

Approved April 13, 1892. 



Chap.162 



An Act to ratify the proceedings of the west congrega- 
tional SOCIETY OF WARREN. 

Be it enacted, etc. , as follows : 

Section 1. The proceedings of the West Congrega- proceedings 
tional Society of Warren and the election of its officers, '■''"*^^'*- 
so far as the same appears upon the records of said society, 
are hereby ratified and declared valid. 

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

Approved Ajjril 13, 1892. 



150 



Acts, 1892. — Chaps. 163, 164. 



North Attle- 
borough Fire 
District Water 
Loan. 



Chcip.\Q3 -^N Act to authorize fire district number one of north 

ATTLEBOROUGH TO MAKE AN ADDITIONAL WATER LOAN, 

Be it enacted, etc., as follows : 

Section 1. Fire District Xumber One of North Attle- 
borough, for the purpose mentioned in section eleven of 
chapter one hundred and eighty-one of the acts of the year 
eighteen hundred and eighty -three, may issue bonds, notes 
or scrip, to be denominated on the face thereof, North 
Attleborough Fire District Water Loan, to an amount not 
exceeding fifty thousand doUars in addition to the amounts 
heretofore authorized by hiw to be issued by said district 
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 North Attleborough Fire District water loan by said 
fire district : provided, that the whole amount of such 
bonds, notes or scrip issued by said fire district for the 
same purposes shall not in any event exceed the amount 
of one hundred and seventy-five thousand dollars. 

Section 2. Section twelve of chapter one hundred and 
eighty-one of the acts of the 3^ear eighteen hundred and 
eighty -three is hereby amended b}^ striking out all of said 
section after the word " act", in the eighth line thereof, 
so as to read as follows : — Section 12. The said fire 
di-trict shall raise annually Ijy taxation a sum which, with 
the income derived from the water rates, will be sufiicient 
to pay the current annual expenses of operating its Avater 
works, and the interest as it accrues on the bonds, notes 
and scrip issued as aforesaid by said fire district, and to 
make such contributions to the sinking fund and pay- 
ments on the principal as may be required under the pro- 
visions of this act. 

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

Approved April 13, 1892. 

C'Att/).164 -^N -^^'^ "^O provide for THE ABOLITION OF THE GRADE CROSSING 
AT ST. MARY'S STREET IN BROOKLINE ON THE BOSTON AND AL- 
BANY RAILROAD. 

Be ft enacted, etc. , as folloius : 

Section 1. The superior court and any commission 
appointed therel)y, in proceedings already taken or which 
may hereafter be taken for the discontinuance of the cross- 
ing at grade of St. Marv's street in Brookline and the 



Proviso. 



1883, 181, § 12, 
amended. 



To raise an- 
nually by taxa- 
tion sufficient, 
with income, 
to pay current 
expenses and 
interest, etc. 



Abolition of 
grade crossing 
In Brookline 
provided for. 



Acts, 1892. — Chap. 165. 151 

main line of the Boston and Albany railroad, arc author- 
ized to discontinue, under the provisions of chapter four 
hundred and twenty-eight of the acts of the year eighteen 
hundred and ninety and acts in amendment thereof, the 
said crossing, by prescribing the manner and limits with- 
in which a new street or streets shall be constructed, and 
a bridge at or within seven hundred feet easterly from 
the present location of said grade crossing shall be made 
over said railroad, with like proceedings and with like 
apportionment of cost and expenses, and like ascertain- 
ment and payment of damages, as if said St. Mary's street 
was a public way in the town of Brookline, and as if said 
new street or streets and said bridge were in the town of 
Brookline. Said bridge and its approaches shall after its 
completion be maintained as provided in section six of the 
said chapter. 

Sf.ctiox 2. Any owner of private rights of way over Recovery of 
said railroad at St. Mary's street, whose private rights of ^™^^^^" 
way are injured or destroyed by any discontinuance of 
said crossing as hereinbefore provided, may recover dam- 
ages therefor in the manner damages may be recovered 
under said chapter and acts in amendment thereof. 

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

Approved April 13, 1892. 



An Act relative to the right to the care and control of (J/ian.\Q5 

LOTS AND TOMBS IN PUBLIC CEMETERIES IN TOWNS. 

Be it enacted, etc., asfolloivs: 

Section 1. The provisions of chapter three hundred bo^drof^heaith 
and two of the acts of the year eighteen hundred and regarding pub- 

. . "' *- . Ill 1 I'o cemeteries in 

eighty-tive, relative to lots in cemeteries, shall apply to towns, 1885,302. 
all lots and tombs in public cemeteries in towns, and the 
boards of health in towns shall exercise, in regard to such 
lots and tombs, the powers granted by said chapter to 
trustees or directors of cemetery corporations, and the 
designation in writing shall be given to the town clerk. 

Section 2. The board of health, before exercising the Notice to be 
power granted by this act wnth respect to a lot or tomb, helpings, p. s. 
shall give notice of a hearing in the manner provided in ^^'§^°- 
section twenty of chapter eighty-two of the Public Stat- 
utes, and shall hear any of the parties entitled to the con- 
trol of such lot or tomb, who may appear at the time and 
place notified, before deciding wdio shall represent said lot 
or tomb. Approved April 13, 1892. 



152 



Acts, 1892. — Chaps. 166, 167, 168. 



Towns, etc., 
may appro- 
priate money 
for anniversary 
celebrations. 



ChciV.XQQ ^^ ^^'^ AUTHORIZING CITIES AND TOWNS TO APPROPRIATE MONEY 

FOR ANNIVERSARY CELEBRATIONS. 

Be it enacted, etc., as follows: 

Section 1. Any city or town may raise, by taxation, 
such amount of money as may be authorized by a vote of 
two thirds of the voters present and voting at a town meet- 
ing, or of two thirds of the members of each branch of the 
city council, taken by yeas and nays and approved by the 
mayor, for the purpose of celebrating the anniversary of 
its settlement, or of its incorporation as a town, or as a 
city, at the end of a period of fifty or of any multiple of 
fifty years from such settlement or incorporation, and of 
publishing an account of the proceedings of any such cele- 
bration. 

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

Approved April 13, 1892. 



Chap 



■j^gy An Act relative to the entry and driving of horses at 

PLACES WHERE PURSES OR PREMIUMS ARE COMPETED FOR. 

Be it enacted, etc., as foUoivs : 

^?"p^emrum Whocvcr, for the purpose of competing for a purse or 
or purse not to premiuui ofFcrcd by any agricultural society, or bv any 

be dieguiBed, '■ . . "^ . "^ . .~ , • i" t i*^ • 

etc. person or association in this state, knowingly and design- 

edly enters or drives any horse that is painted or disguised, 
or that is a difl:erent horse from the one which is purported 
to be entered or driven, or knowingly and designedly, for 
the purpose of competing for a premium or purse, enters 
or drives a horse in a class to which it does not belong, 
shall be punished by a fine not exceeding five hundred 
dollars or by imprisonment not exceeding six months. 

Approved April 13, 1892. 



Chap.168 



Service of 
process in the 
collection of 
taxes. 



An Act relating to the service of process in the collection 

OF taxes. 

Be it enacted, etc., as foUotvs : 

Section 1. Any notice, summons, demand or other 
paper which the collector of taxes is by law required to 
serve, may be served by leaving the same at the last and 
usual place of abode, or of business, of the person 
assessed, or by sending the same through the mail, post- 
paid and directed to the person assessed, at the city or 
town in which such person Avas registered as a voter for 



Acts, 1892. — Chaps. 169, 170. 153 

the last preceding state election. The affidavit of a col- 
lector or deputy collector, kept on tile in the office of the 
collector of taxes, that he has served such notice, sum- 
mons, demand or other paper in the manner described 
in such atiidavit, shall be prima facie evidence that it was 
so served. 

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

Approved April 13, 1892. 

An Act relative to the jurisdiction of the supreme judicial QJiapAGQ 

AND SUPERIOR COURTS IN REAL ACTIONS. 

Be it enacted, etc., as follows : 

Section 1. The supreme iudicial court shall no longer original juris. 

V • • 1 • • T /• L- i-4-- I- 4.V ^ diction of peti- 

nave origmal jurisdiction ot petitions tor partition, ot tions for parti- 
writs of entry for the foreclosure of mortgages, or of 
other real actions. 

Section 2. The right to remove actions and petitions Supenor court 

C i'i* e j.1.^ • J- ^ J.I to retain juris- 

tor partition from the superior court to the supreme diction. 
judicial court, now existing by virtue of sections seven 
and eight of chapter one hundred and fifty-two and 
section thirteen of chapter one hundred and seventy- 
eight of the Public Statutes, is hereby taken away, and 
the superior court shall retain jurisdiction of all such 
cases. 

Section 3. Nothing herein contained shall affect the Pending actions 
jurisdiction of the supreme judicial court over actions affected. 
and proceedings pending in that court at the time when 
this act takes effect. Approved April 13, 1892. 

An Act to incorporate the nathan slade cemetery asso- QJiav A70 

CIATION. 

Be it enacted, etc., as follows : 

Section 1. AVilliam L. Slade, Jonathan Slade, John Nathan siade 
P. Slade, Daniel Chace, Darius Buffinton, Edward S. ciauorf^ncor- 
Anthony, George Read, Rowland G. Buffinton, Nathan p"'"'"'^- 
Slade, Perry Slade, Francis J. Slade, Harlan P. Wyman 
and John W. Earle, their associates and successors, are 
hereby made a corporation by the name of the Nathan 
Slade Cemetery Association, for the purpose of holding, 
acquiring, controlling, caring for and improving ground 
set apart and known as Nathan Slade cemetery, situate 
and lying within one enclosure in the town of Somerset ; 
and said corporation shall have all the powers and privi- 
leges and be subject to all the duties, restrictions and 



154 Acts, 1892. — Chap. 170. 

liabilities contained in all general laws now existing or 
which may hereafter be in force relating to such corpo- 
rations. 
ma'/assurae Section 2. Said Corporation is hereby authorized to 

NaVha!i°8iade ^akc i)Ossession and assume legal control of said cemetery 
cemetery in whencvcr the samc shall have been duly conveyed to it 
by the persons holding legal title to the same. And said 
corporation shall hold the land of, and all other property, 
rights, and things appertaining to, the cemetery enclosure 
aforesaid, for the same uses and purposes for which the}' 
are now held ; and all rights which any persons have 
acquired in said cemetery shall remain valid to the same 
extent as if this act had not been passed. 
fo'tXJ'ilemera- Section 3. Any person who now is or may hereafter 
bers of the cor- ^ecomc a proprietor of a lot, by deed or otherwise, in 
the land mentioned m section one oi this act, or in land 
hereafter acquired by said corporation, shall become a 
member of said corporation ; and when any person shall 
cease to be a proprietor of a lot in the lands of said cor- 
poration he shall cease to be a member thereof. 
hoki'rdditionrf Section 4. Said corporation may acquire by purchase, 
loulirpro'pJrty, f^^^^ ^^' clcvise, and hold in fee additional land to the 
etc. extent of twenty acres, for the purposes of enlarging 

said cemetery from time to time, and may hold such 
personal property as may be necessary for the purposes 
of the corporation ; and said corporation is hereby author- 
ized to take and hold any grant, donation or bequest of 
j^roperty upon trust, and to apply the same or its income 
to the improvement and beautifying of said cemetery, or 
for the construction, repair, preservation or renewal of 
any monument, fence or other structure, in the planting 
and cultivation of trees, shrubs or plants in or around 
any lot, or the improving of said premises in any other 
manner or form consistent with the purposes for which 
said cemetery is established, and in accordance with the 
terms of said grant, donation or bequest. 
fo^poratrou.'^^ Section 5. The officers of said corporation shall con- 
sist of a board of five trustees, a clerk, a treasurer, and 
such other officers as its by-laws may prescribe. Said 
officers may hold office for such term and be elected in 
such manner as may be required by the by-laws of the 
corporation. 

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

Ajjproved April 13, 1S92. 



Acts, 1892. — Chaps. 171, 172. 155 



An Act to kequire kailkoad companies to maintain crossings (JJiap.VIl 

TO GIVE ACCESS TO LANDS CUT OFF BY HAILROADS. 

Be it enacted, etc., as follows: 

Section 1. AYhen any person or corporation is cut pa^'nfesmaybe 
ofl' from access to lands owned by such person or corpo- required to 

, 1 . ,. •Ill • T • 1} maintain ci-oss- 

ration bv the laymo: out ot a rauroad or the widenino^ ot ingstogive 

,, I'l 1 /> V M 1 11 i* access to lands 

the roadbed or such railroad, and when no compensation cut off by raii- 
has been paid by the company owning or operating said ™^'^''" 
railroad for cutting oft' access to said lands, or agreement 
made relative thereto, the railroad commissioners after 
due notice to the parties in interest and a hearing, under 
such rules as they shall adopt for proceedings under this 
act, shall, if they deem expedient, order a crossing to be 
made and maintained at the expense of the railroad com- 
pany ; and shall specify definitely the character of such 
crossing and when the same may be used. 

Section 2. If any railroad company neglects to com- Penalty for 

* DGSrlGCt to CODl- 

ply with an order of the railroad commissioners made piy with order 
under this act, for more than ninety days after the date commiTsloners. 
of such order, such company shall forfeit five dollars a 
day for each day's neglect after the expiration of said 
ninety days. Said forfeiture may be recovered by any 
person or corporation aggrieved, in an action of tort 
brought in any police, district or municipal court, or in 
the superior court sitting for the coimty within which the 
crossing was ordered to be maintained. One half of the 
amount recovered shall be paid to the person or corpora- 
tion instituting the suit and the other half to the county. 
Section 3. This act shall not apply to street railways. 

Approved April 18, 1892. 



An Act to authorize the benevolent fraternity of churches QJifiij 172 

IN THE CITY OF BOSTON TO HOLD ADDITIONAL REAL AND PER- 
SONAL ESTATE. 

Be it enacted, etc., as follows : 

Section 1. The Benevolent Fraternity of Churches in May hold addi- 
the city of Boston, incorporated by chapter twenty-four personal estate. 
of the acts of the year eighteen hundred and thirty-nine, 
is hereby authorized for the purposes and uses named in 
said act of incorporation, to take and hold additional real 
and personal estate to an amount which together with the 
amount heretofore authorized hy law shall not exceed five 



156 Acts, 1892. — Chaps. 173, 174, 175. 

hundred thousand dollars, exclusive of the chapels belong- 
ing to it and the land on which they stand. 

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

Approved April 13, 1892. 

Ch(ip.l73 -^N Act to ratify a vote of the town of stoneham appro- 
priating MONEY FOR A CELEBRATION. 

Be it enacted, etc. , as follows .- 
town of Stone- SECTION 1 . The votc of the towu of Stoucham at the 
ham ratified. annual meeting of said town for the year eighteen hun- 
dred and ninety-two, appropriating the sum of three hun- 
dred dollars for celebrating the anniversary of the passage 
of the sixth Massachusetts regiment through Baltimore, 
said celebration to be held on the eighteenth and nine- 
teenth days of April of the present year, is hereby ratified, 
confirmed and made valid. 

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

Apj^roved April 18, 1892. 

CkCip,V74: ^N ^^^ MAKING AN APPROPRIATION FOR COMPENSATION AND EX- 
PENSES OF THE JOINT SPECIAL COMMITTEE ON MUNICIPAL CHAR- 
TERS, APPOINTED BY THE LEGISLATURE OF EIGHTEEN HUNDRED 
AND NINETY-ONE. 

Be it enacted, etc. , as follows : 
Appropriation Section 1. The sum of sixty-two hundred and fifty 

for compensa- .J /» i 

tion, etc., of the dollars is hereby appropriated, to be paid out of thetreas- 

municipal ury of the Commonwealth from the ordinary revenue, for 

c arters. compensation and expenses of the joint special committee 

appointed by the legislature of the year eighteen hundred 

and ninety-one to sit during the recess, to consider the 

subject of greater uniformity and system in the provisions 

of law relative to the several cities of the Commonwealth, 

and the framing of a general form of municipal charter. 

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

Approved April 14, 1892. 

Ch(l7),\75 -^'^ ^^"^ "^^ EXEMPT THE THOMAS TALBOT MEMORIAL HALL IN 

BILLERICA FROM TAXATION. 

Be it enacted, etc. , as follows : 
Som^talatuTn. SECTION 1. The Thomas Talbot Memorial Hall, and 
the land connected therewith, in the town of Billerica, the 
use of which is devoted to public purposes, shall be exempt 
from taxation. 

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

Approved April 18, 1892. 



Acts, 1892. — Chaps. 176, 177. 157 



An Act to define and establish the boundary line in tide CJIiqii 176 
water between the city of gloucester and the towns of 
essex and ipswich. 

Be it enacted, etc., asfoUoivs: 

Section^ 1. The boundary line in tide water between Boundary line 
the city of Gloucester and the towns of Essex and Ipswich tween dtVof ^ 
is hereby located and defined as follows : — Beginning at a townfof Es^ses 
stone bound near the shore, in the present boundary line estibusheu'^ 
of land between the city of Gloucester and the town of 
Essex, and thence running in a straight line north, twenty- 
four degrees thirty minutes east, through a copper bolt in 
Black Rocks, at the southeasterly end of the boundary line 
between the towns of Ipswich and Essex, out to sea until 
it comes to the exterior line of the Commonwealth in tide 
water. All the territory in tide water in said towns 
and city lying southerly from the above described line 
shall be and remain in the city of Gloucester, and all the 
territory lying northerly from said line shall be and re- 
main in the towns of Essex and Ipswich, respectively, 
according as the boundary line in tide water between said 
towns shall be established by law. 

Section 2. The boundary line in tide water between Boundary line 
the towns of Essex and Ipswich is hereby established as b"etwe'e^thr 
follows : — Beginning at a copper bolt in the highest point ip^wicifand 
of the main ledge of the Black Rocks, so-called, in the Essex estab- 

O ... . lished. 

line as hereinbefore defined, dividing the city of Glouces- 
ter from said towns, and running from said copper bolt 
north, forty degrees west, until it comes to the centre of 
the channel of Castle Neck river on the north side of 
Choate's (formerly called Hog) island. 

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

Approved April 19, 1892. 



An Act appropriating ten thousand dollars annually for 
the massachusetts state firemen's association. 



Chap.117 



Be it enacted, etc. , as folloios : 

Section 1. Before the first day of July in each year Annual aiiow. 
there shall be allowed and paid out of the treasury of the XT^tulml^^ 
Commonwealth to the treasurer of the Massachusetts State j^femen's a's^so- 
Firemeu's Association the sum of ten thousand dollars, ciation, etc. 
Said sum shall be paid from the moneys received for taxes 



158 Acts, 1892. — Chap. 177. 

from fire insurance companies doing business in this Com- 
monwealth. 
Firemen's Sectiox 2. The moncj SO paid to said treasurer shall 

Massachusetts, bc kuown and remain as the Firemen's Relief Fund of 
*^*'' Massachusetts, and shall be used as a fund for the I'elief 

of firemen, whether members of said association or not, 
who may be injured while responding to, working at or 
returning from an alarm of fire, and for the relief of the 
widows and children of such firemen as may be killed in 
the line of their duty aforesaid, in such manner and in 
such sums as a board, to consist of five persons, two of 
whom shall be appointed by the Massachusetts State Fire- 
men's Association and three of whom shall be appointed 
by the governor, shall determine ; the appointees of the 
governor shall not be members of said association. 
Treasurer to SECTION 3. The treasurer of the Massachusetts State 

give bond and , . • • in- i i • i i i 

report to the i^ ircmcn s Associatiou shall give a bond with good and 
Commonwealth, sufilcieut surctics to the treasurer of the Commonwealth, 
in double the sum received b}^ him from said treasurer, 
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 each year. 
Firemen, etc., Section 4. The officcrs and members in active service 

engible for . 

benefits from 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. 
monly8°to*'be Section 5. All uuexpendcd moneys received under 

returned to the this act bv the Said Massachusctts State Firemen's Asso- 

tTfftsurGr 01 txi6 

Commonwealth, ciatiou shall be returned to the treasurer of the Common- 
wealth on or before the fifteenth day of July in each 
year. 

Incidental SECTION 6. Five hundred dollars out of the amount 

hereby appropriated may be allowed for incidental ex- 
penses of the disbursing board, 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 efiect upon its passage. 

Apjyroved April 19, 1892. 



expenses, etc. 



Acts, 1892. — Chaps. 178, 179, 180. 159 

An Act to authorize cities and towns to incur indebted- Qhar) 178 

NESS FOR THE PURPOSE OF PAYING DAMAGES OCCASIONED BY 
THE TAKING OF LAND FOR THE ALTERATION OF GRADE CROSSINGS. 

Be it enacted, etc., asfolloios: 

Sectiox 1. Any city or town required to pay prima- Towns, etc., 
rily any land damages under the provisions of chapter indebtedness 
four hundred and twenty-eight of the acts of the year dmnT/es°for 
eighteen hundred and ninety, or any proportion of the iu°e1-auouVf"^ 
general expense of altering a crossing under the pro- H^p^J^^^^^^^' 
visions of said act, may, in the case of a city by vote of 
the city council, and in the case of a town by ordinary 
vote at a legal town meeting called for the purpose, incur 
debts for temporary loans to pay such damages or expense 
without regard to the general laws in force regulating and 
limiting municipal indebtedness and the manner and form 
of voting thereon ; and when any money so primarily paid 
b}' a city or town is repaid to it said money shall immedi- 
ately be applied to payment of the loan. 

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

Approved April 19, 1892. 

An Act to authorize the holyhood cemetery association 
to take, hold, sell and convey certain real estate. 

Be it enacted, etc., as folloivs : 

The deed of land to the Holyhood Cemetery Association May take, hoid, 
from Dennis H. Tully, dated April twenty-seventh, eight- certaui reai^^^ 
een hundred and eighty-two, and recorded with Norfolk ®*''"®' 
registry of deeds, libro five hundred and thirty-six, folio 
five hundred and fifteen, shall not be deemed invalid 
because the corporate powers of said Holyhood Cemetery 
Association did not authorize it to receive or hold said 
land, and no conveyances of said land which have been 
made by said Holyhood Cemetery Association shall be 
deemed invalid because unauthorized l)y said corporate 
powers. And the corporate powers of said Holyhood 
Cemetery Association are hereby so far enlarged as to 
authorize it to hold and convey said land. 

Approved April 20, 1S92. 
An Act providing for the assignment of police officers for /7^/yri IgQ 

SPECIAL service AT AGRICULTURAL AND HORTICULTURAL EXIIIBI- " 

tions. 
Be it enacted, etc., as follows: 

On the application of the president of an incorporated Ponce officers 

.■,■,.■, . 3' agricultural 

agricultural or horticultural society to the proper authori- exhibitions, etc. 



ClHip.Vl9 



160 



Acts, 1892. — Chap. 181. 



ties of a town or city in which an exhibition of such society 
is to be held, said town or city authorities shall assign for 
special service at such exhibition as many police officers or 
constables as may be necessary to preserve the peace and 
enforce the laws of the Commonwealth at such exhibition. 

Approved April 20, 1892. 



ChaV 181 "^^ ^^^ ^^ PROVIDE A BOARD OF TRUSTEES OF TOWN DONATIONS 

OF THE TOWN OF CONCORD. 



Trustees of 
town donations 
of Concord. 



To be elected at 
annual meet- 
ings. 



Filling of 
vacancies. 



Property to be 
manatred and 
dinpoused by 
the trustees. 



Be it enacted, etc., as follows: 

Section 1. John S. Keyes, Henry J. Hosmer and 
Samuel Hoar, all of Concord in the county of Middlesex, 
shall constitute the trustees of town donations of the town 
of Concord until others are duly elected in their place. 
The term of office of said Keyes shall continue until the 
annual meeting of said town in the year nineteen hundred 
and one, of said Hosmer until such meeting in the year 
eighteen hundred and ninety-eight and of said Hoar until 
such meeting in the year eighteen hundred and ninety-five. 

Section 2. At the annual meetino- of said town in the 
year eighteen hundred and ninety-five, and in every third 
year thereafter, one member of said board of trustees shall 
be elected by ballot for the term of nine years and until 
his successor is chosen. 

Section 3. A vacancy in said board shall be created 
by the death, the removal for cause by the supreme judi- 
cial court, the removal of his legal residence from said 
town, or the resignation in writing delivered to the select- 
men, of any member of said board. Vacancies shall be 
filled by the election by ballot of new members for the 
remainder of the terms so vacated, at a meeting duly called 
and under an article in the warrant therefor specially noti- 
fying the voters of such vacancy and election. 

Section 4. Said board shall take, hold, manage and 
dispense all the estates, real and personal, devised and 
bequeathed or given to said town of Concord for donations, 
now held by said Keyes, Hosmer and Hoar as trustees of 
town donations, and any and all donations for public or 
charitable objects hereafter made to said town and voted 
by said town to be so held, managed and dispensed by said 
board, and also any property conferred upon said board for 
the benefit of said town or any public or charitable objects 
therein. Said board may invest and reinvest all estate and 



Acts, 1892. — Chap. 182. 161 

property, real and personal, in such other estates and 
securities as it may (leeni sate and proper. 

Sectiox 5. 8aid board shall take, hold, manasje and sinking fund, 

, ' ' r^ Concord water 

dispose of the sinking fund for the payment of the Concord 'o^u. 
water loan, now held by said Keyes, Hosmer and Hoar as 
trustees of town donations under and by virtue of chapter 
one hundred and eighty-eight of the acts of the year eight- 
een hundred and seventy-two. 

Section (5. Said board shall take, hold and manage all .'^^""^y depos. 

. ' O ited tor care of 

sums ot money deposited with the treasurer of said town cemetery lots. 
for the care and preservation of cemetery lots, under the 
provisions of chapter eighty-two of the Public Statutes, 
and may invest the same in the Middlesex Institution for 
Savinjjs or other savino;s banks in this Commonwealth, in 
separate accounts with each deposit, and shall pay over 
from the income thereof to the proper persons the sums 
necessary to carry out the purpose of said deposits. 

Section 7. Said board is authorized to receive, hold sieepynoiiow 

, 111 TTii ^1- • 1 /^ Cemetery fund. 

and manage the Sleepy Hollow cemetery tund in said Con- 
cord, a private fund established by individuals for the bene- 
fit of said cemetery, whenever authorized thereto by the 
present trustees of said fund and a majority of the donors 
thereof, or their legal representatives in writing, and to 
expend the income of the same according to the provisions 
of the original gift thereof. 

Section 8. Said board shall do all acts necessary or To make an. 
proper to be done for the purpose of carrying into etfect etc'! ^^^'°^ ' 
the provisions of this act, and shall annually make a full 
report to said town of the amounts and investments of all 
said donations and deposits, and of their doings in relation 
thereto. 

Section 9. Nothing in this act contained shall be con- Terms of dona- 
strued as restricting, enlarging or in any way changing the changed. 
terms of said donations. 

Section 10. This act shall take effect upon its accept- ce"p^iifnce°y'^' 
ance by said town at a legal meeting duly called for that vote of town. 
purpose. Approved April 20, 1892. 



Chap.182 



An Act providing for the appointment of a board of fire 
commissioners for the city of malden, and defining their 
powers and duties. 

Beit enacted, etc., as follows : 

Section 1. The mayor and aldermen of the city of ^"•'""^"^.'''■^ 

, J , . -J coramissioiiers 

Maiden shall, m the month of January in the year eight- lo be appointed. 



162 



Acts, 1892. — Chap. 182. 



Powers and 
duties. 



Term of office, eeii hundred and ninetj'-three, appoint three persons to be 
fire commissioners, one to hold his office for three years, 
one for two years and one for one year from the first Mon- 
day of February succeeding his appointment, and shall 
thereafter annually in the month of January appoint one 
person for three years. The commissioners shall hold 
their office until others shall be chosen and qualified in 
their stead. Vacancies may be filled by the mayor and 
aldermen at any time, and removals may be made by them 
for cause. The persons so appointed shall constitute a 
board of fire commissioners. Said board shall establish a 
fire department for said city, to consist of such officers and 
members as said board shall from time to time determine. 
Said board shall appoint said officers and members and may 
remove any officer or meml)er in their discretion. Said 
board shall fix the time of appointment and term of ser- 
vice of said officers and members, shall define their respec- 
tive duties, and in general may make such rules and reg- 
ulations as are or may be authorized by the laws pertaining 
to fire departments, concerning the conduct of said officers 
and members and the government of said department, the 
prevention and management of fires and the conduct of 
persons attending fires, and may affix penalties for any vio- 
lation of such rules and regulations, or any of them, not 
exceeding the amount authorized by law for the breach of 
rules and regulations pertaining to fire departments. Said 
board shall have and exercise all other powers which have 
been conferred by law upon the city council or the mayor 
and aldermen, or which may hereafter be so conferred, in 
respect to the powers and duties of fire departments and 
the rules and regulations pertaining to fire departments. 
The board of fire engineers constituted and appointed by 
said board of fire commissioners, or the chief or head of 
the fire department constituted and appointed by said 
board in case no board of fire engineers shall be constituted 
by said board, shall have and exercise all the powers and 
be subject to all the duties which have been conferred or 
imposed by law upon boards of fire engineers or the chief 
or head of fire departments, or which may hereafter be so 
conferred or imposed by law. The engineer of said fire 
department in command at a fire shall have and exercise 
all the powers of firewards, including the powers conferred 
upon firewards by section three of chapter thirty-five of 



Powers and 

duties of 
engineers. 



Acts, 1892. — Chap. 183. 1G3 

the Public Statutes. Said board shall not incur or author- Expenditurea. 

ize any ex[)tnulitures without a previous appropriation 

therefor by the city council. The compensation of the compensatiou. 

tire coQimissioners shall be tixed from time to time by the 

city council, but the city council may provide that said 

commissioners shall serve without compensation for such 

time as they may deem expedient. 

Section 2. Section sixteen of chapter one hundred and JISH'^ie!^ ^^^^' 
sixty-nine of the acts of the year eighteen hundred and 
eighty-one is hereby repealed, said repeal to take eiFect on 
the tirst day of March in the year eighteen hundred and 
ninety-three. 

Section 3. So much of this act as requires the appoint- ^g^"*"'''"^^ 
ment of tire commissioners, and authorizes said board of 
tire commissioners to provide for the establishment of a 
tire department, to appoint the officers and members of 
said tire department and to make rules and regulations, 
shall take ettect on the first Monday of January in the 
year eighteen hundred and ninety-three, but said board 
shall not exercise any further powers or be subject to any 
further duties pertaining to said office, nor shall any offi- 
cer or member of said department appointed by said 
board enter upon his duties, until the first day of March 
in the year eighteen hundred and ninety-three. 

Apinoved April 20, 1892. 

An Act to authorize the town of andover to make an nji(ir>,\Q^ 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Andover, for the purposes May make an 

1 ' .. r> f ^ J f 1 11 1 additional water 

mentioned in section nve ot chapter tour hundred and loan. 
thirty-nine of the acts of the year eighteen hundred and 
eighty-seven, may issue bonds, notes or scrip to be denom- 
inated on the face thereof, Andover Water Loan, to an 
amount not exceeding forty thousand dollars in addition 
to the amounts heretofore authorized by law^ to be issued 
by said town for the same purposes ; said bonds, notes or 
scrip to be issued upon the same terms and conditions and 
with the same powers as are provided in said act for the 
issue of the Andover water loan by said town. 

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

Approved April 20, 1892. 



164 



Acts, 1892. — Chaps. 184, 185. 



Burial expenses 
of soldiers and 
sailors dying in 
state institu- 
tions, etc. 



ChopAS4: An Act providing for the payment by the commonwealth 

OF the burial expenses of soldiers and sailors dying in 

state institutions. 
Be it enacted, etc., as follows : 

Section 1. When expense is incurred by a city or 
town, under the provisions of chapter three hundred and 
ninety-five of the acts of the \Tar eighteen hundred and 
eighty-nine, for the burial of a soldier, sailor or marine 
dying in a state institution s-ituated in such city or town, 
or by the city of Chelsea for the burial of a soldier dying 
in the soldiers' home in said city, the entire expense so 
incurred, not exceeding thirty-five dollars in anyone case, 
shall be reimbursed to said city or town from the treasury 
of the Commonwealth ; and returns of such expenditure 
shall be made to the auditor (jf the Commonwealth in such 
manner as he shall prescribe. 

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

Approved April 20, 1892. 



Cha2).185 



Additional 
water supply 
for the city of 
Pittsfteld. 



City to pay 
damages sus- 
tained. 



An Act to provide an additional water supply for the cut 

OF pittsfield. 
Be it enacted, etc., as follows: 

Section 1 . The city of Pittsfield is hereb}'^ authorized, 
by and through the agency of its board of public works, 
to take the waters of Hathaway brook, so-called, in the 
towns of Dalton and Washington, of Mill brook, so-called, 
in the towns of Lenox and Washington, and of Sikes brook, 
so-railed, in the city of Pittsfield, and the waters which 
flow into and from said brooks, and to convey the same to, 
into and through the city of Pittsfield, for the purpose of 
furnishing an additional suppl}' of water for the city of 
Pittsfield, and for public purposes ; and for this purpose 
to take, by purchase or otherwise, any lands on or around 
said brooks, and any waters and water rights connected 
therewith, and to build and maintain all ne(;essary dams 
and reservoirs and lay and maintain all necessary pipes, 
conduits and ditches, to connect the same with its present 
water works. 

Section 2. Said cit}^ shall be liable to pay all dam- 
ages that may be sustained b}' any person or corporation in 
property by reason of such taking, and any person or cor- 
poration sustaining damages as aforesaid, who fails to agree 
with the board of public works of said city as to the amount 
of damages sustained, ma}' have the damages assessed and 
determined in the manner provided by law when land is 



Acts, 1892. — Chap. 186. 165 

taken for the layiiiir out of highways, on application at any 
time Avithin tlie period of two years from the taking of 
such hind or other property. 

Section 3. Tlic provisions of section nine of chapter Provisions of 

J. 1 11 1 . X- ^1 i. r xi • 1 4. 1 1852, 210, §y, to 

two hundred and ten ot the acts ot the year eighteen hun- apply, etc. 
dred and tifty-two shall, so far as the same are applicable, 
api)ly to all water taken and to all structures made, and 
property acquired or taken by said city under this act ; 
and all the rights, privileges and remedies therein conferred 
upon the Pittsheld Fire District shall vest in and be exer- 
cised and enjoyed by the city of Pittsfield. 

Section 4. The said city may, for the purpose of pay- Pittsfieid water 
ing the necessary expenses and liabilities incurred under i892. 
the provisions of this act, issue from time to time bonds, 
notes or scrip to an amount not exceeding one hundred 
thousand dollars. Such bonds, notes or scrip shall bear 
on the face thereof the words, Pittsfield Water Loan, Act 
of 1892, shall be payable at the expiration of periods not 
exceeding thirty years from the date of issue, and shall 
bear interest payable semi-annually at a rate not exceed- 
ing six per centum per annum. Said city shall provide Additional pay- 
for the payment upon account of the principal sum in- '^°"'^' *=^'^- 
curred for the construction and maintenance of its water 
works, not less than the sum of four thousand dollars in 
each and every year next after the first day of April in the 
year eighteen hundred and ninety-three, in addition to the 
sums now required to be paid thereon each year by said 
city by the provisions of section three of chapter three hun- 
dred and forty of the acts of the year eighteen hundred and 
eighty-five, until all of said debt, both principal and inter- 
est, is fully paid and extinguished. The said city may Temporary 
authorize temporary loans to be made by its mayor and ^°*"^" 
treasurer in anticipation of the issue of bonds, notes and 
scrip hereby authorized, or in anticipation of the pay- 
ments to be made. 

Section 5. This act shall not take etiect until accepted subject to ac 

*■ C^PtUDCG UV ft 

by a two thirds vote of all the members of each branch of two twrde vote, 
the city council of said city, taken by yeas and nays and 
approved by its mayor. Approved April 20, 1892. 

An Act to regula.te the taking of eels and white perch in nJinjy 1 gQ 

the waters of the town of MATTAPOISEIT. 

Be it enacted, etc., as follows : 

Section 1. The selectmen of the town of Mattapoisett Eei and white 

. . , , II- t perch huheries 

may grant permits in writing to take eels and white perch regulated. 



166 Acts, 1892. — Chaps. 187, 188. 

from the waters within the limits of Barlow's pond and 
Mattapoisett river, in the town of Mattapoisett, in such 
quantities, at such time or times within one year from the 
granting of such permit, and by such methods and under 
such regulations as may be expressed in their permit. But 
every inhabitant of either of the towns of Rochester, Mar- 
ion and Mattapoisett may without such permit take eels 
and white perch from the waters of said Barlow's pond 
and Mattapoisett river. 
Penalty. SECTION 2. No persou shall take any eels or white 

perch from the waters of Barlow's pond or Mattapoisett 
river without a written permit from the selectmen of Mat- 
tapoisett, except as provided in the preceding section. 
Whoever violates the provisions of this act shall be pun- 
ished by a fine of not less than five dolhirs nor more than 
ten doHars for each offence. Approved April 20, 1892. 

ChciJ)A.S7 ^^ -^^"^ "^^ ESTABLISH THE SALARIES OF THE FIRST AND SECONU 
ASSISTANT CLERKS OF THE COURTS FOR THE COUNTY OF MID- 
DLESEX. 

Be it enacted, etc., asfoHoivs: 

fished!' '''^^' Section 1 . The salary of the first assistant clerk of the 
courts for the county of Middlesex shall be twenty-six hun- 
dred dollars a year, and the salary of the second assistant 
clerk of the courts for said county shall be twenty-five 
hundred dollars a year, to be so allowed from the first day 
of January in the year eighteen hundred and ninety-two. 
Section 2. This act shall take effect upon its passage. 

Approved April 20, 1892. 

CJlCip.lSS "^^ ^^^ RELATING TO THE TAKING OF SCALLOPS IN THE WATEKS 

OF THE TOWN OF MARION. 

Be it enacted, etc., as follows : 

Msuiared"^"'^ Section 1. The selectmen of the town of jSIarion may 
grant permits, in writing, to take scallops from the watei's 
within the limits of said town, in such quantities, at such 
time or times within one year, by such methods and under 
such regulalions, as may l)e expressed in their permit, and 
they may charge and receive therefor in behalf of and for 
the use of said town such sums as they may deem proper. 
But every inhabitant of said town may without such per- 
mit take scallops from the waters of the toMn for the use 
of his family, from the first day of October to the first day 



regulated. 



Acts, 1892. — Chap. 189. 167 

of April, not exceeding in any week three bushels, includ- 
ing the shells : and any inhal)itant of the Commonwealth 
may take from the waters of said town scallops for the use 
of his family, from the first day of October to the first day 
of April, not exceeding in any week three bushels, includ- 
ing the shells, having first obtained a permit so to do from 
the selectmen of said town. 

Section 2. No person shall take any scallops from the Penalties. 
waters of said town without a written permit from the 
selectmen thereof, except as ])rovided in the preceding 
section. Whosoever violates the provisions of this act 
shall be punished by a fine of not less than twenty or 
more than one hundred dollars, or imprisoned in the house 
of correction not less than thirty days or more than six 
months, or by both such fine and imprisonment. One 
half of the fine shall be paid to the complainant and the 
other half to the county within which the offence was 
committed. 

Section 3. Nothing in this act shall be construed to Laws relating to 
affect any acts relating to the oyster fishery, or to impair uotl'ffected7 
the private rights of any person, or in any way to limit or '^"^' 
affect the ];)rovisions of law for the protection of fisheries 
other than the scallop fishery, or to permit the taking of 
scallops upon any oyster grounds or beds other than public 
grounds or beds. 

Section 4. All the privileges which the citizens of ^[j^eaf ^f "^ 
Rochester and Mattapoisett had before this act takes effect. Rochester and 

, 1 1 1 1 1 > 1 /• 1 1 n • I • ' Mattapoisett not 

to take scale and shellfish from the shores or fiats within affected. 
the town of Marion, shall remain the same as if this act 
had not passed. 

Section 5. District courts and trial justices shall conns aid um 
have concurrent jurisdiction with the superior court of J^i^t'ces. 
all offences under this act. 

Section 6. Section three of chapter two hundred and R^epeai. 
twenty of the acts of the year eighteen hundred and eighty- 
five and all acts and parts of acts inconsistent herewith are 
hereby repealed. Approved April 22, 1892. 

An Act to authorize the town of everett to issue scrip njinj) 189 

OR BONDS FOR THE PURPOSE OF EXTENDING AND IMPROVING ITS ' 

SYSTEM OF WATER SUPPLY. 

Be it enacted, etc. , as folloivs : 

Section I. The town of Everett, for the purpose of ^^«^ett water 
maintaining, enlarging and preserving its system of water 



168 Acts, 1892. — Chaps. 190, 191. 

Not to exceed siipplv, is authoi'ized to issue scrip or bonds to an amount 

$1U0 000. 11./' I 

not exceeding one hundred thousand dolhirs, to be denom- 
inated on the face thereof, Everett Water Loan, bearing 
interest at a rate not exceeding six per cent, 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, as said town may decide, 
with power to renew any of the same to become due 
within such period ; and such scrip or bonds shall be 
signed by the treasurer of said town and be countersio-ned 
by the water commissioners thereof or a majority of them. 
The issue of scrip or bonds under this act shall be in addi- 
tion to the amount authorized by chapter one hundred and 
forty-nine of the acts of the y^ar eighteen hundred and 
ninety-one, and all provisions of said act shall apply to 
the bonds or scrip hereby authorized, except as herein 
otherwise provided. 

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

Approved Ap)ril 22, 1892. 

Chci7).\'Q0 An Act providing for the examination and correction of 

RETURNS OF ELECTION OFFICERS IN TOWNS DIVIDED INTO VOTING 
PRECINCTS. 

Be it enacted, etc., as follows : 

Examination. Section 1. The Selectmen and clerk of each town 

of'^eie'ctionsir dividcd iuto votiug precincts shall forthwith after an elec- 

intTvoting'^^'' tion examine the returns made by the election oflScers of 

districts. oach prcciuct in such town, and if any error appears therein 

they shall forthwith notify said election officers thereof, 

who shall forthwith make a new and additional return, 

under oath, in conformity to truth, which additional return, 

whether made upon notice or by such officers without 

notice, shall be leceived by the S( lectmen or town clerk 

at any time before the expiration of the daj' preceding 

that on which by law they are required to make their 

returns ; and all original and additional returns so made 

shall be examined by the selectmen and town clerk, and 

made part of their returns of the results of such election. 

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

Ap2}roved April 22, 1892. 

Chap.191 



An Act relative to liens os buildings and land. 
Be it enacttd, etc., as follows : 
p. s. 191, §6, Section six of chapter one hundred and ninety-one of 

the Public Statutes is hei-ebv amended by adding thereto 



amended. 



Acts, 1892. — Chap. 192. 169 

after the word " behalf", in the last line thereof, the fol- 
lowino: words : — But no sttitenient required by this section 
shall be deemed to be invalid or insufficient solely by rea- 
son of any inaccuracy in stating or failing to state the con- 
tract i)rice, the number of days of labor performed or 
furnished, and the value of the same : provided, it is shown 
that there was no intention to mislead, and that the par- 
ties entitled to notice of the statement were not in fact 
misled thereby, — so as to read as follows : — Section 6. 
The lien shall be dissolved unless the person desiring to Dissolution of 
avail himself thereof, within thirty days after he ceases to 
labor on or to furnish labor or materials for the building 
or structure, files in the registry of deeds for the county 
or district in which the same is situated a statement of a 
just and true account of the amount due him, with all just 
credits given ; a description of the property intended to be 
covered l)y the lien, sufficiently accurate for identification ; 
and the name of the owner or owners of such property, if 
known. If a lien is claimed only for labor performed or 
furnished under an entire contract which includes both 
labor and materials at an entire price, the contract price, 
the number of days of labor performed or furnished, and 
the value of the same, shall also be stated. The statement 
shall be subscribed and sworn to by the person claiming 
the lien, or by some one in his behalf. But no statement 
required by this section shall be deemed to be invalid or 
insufficient solely by reason of any inaccuracy in stating 
or failing to state the contract price, the number of days 
of labor performed or furnished, and the value of the 
same : provided, it is shown that there was no intention 
to mislead, and that the parties entitled to notice of the 
statement were not in fact misled thereby. 

Approved April 22, 1892. 

An Act to authorize street railway companies to refund (7^aT).192 

THEIR FUNDED DEBT IN CERTAIN CASES. 

Be it enacted, etc., as follows : 

Sectiox 1. Section one of chapter three hundred and a^endld^^' 
sixteen of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by inserting after the word 
" road", in the ninth line of said se tion, the words : — 
or for the purpose of refunding its funded debt, — so as 
to read as follows: — Section 1. A street railway com- street railway 
pany, by vote of a majority in interest of its stockholders, iv°8urbondi.Tet^c. 



170 



Acts, 1892. — Chap. 192. 



Subject to the 
approval of the 
railroad com- 
missiont-rs. 



at a meeting called for the purpose, may authorize the 
issue of coupon or registered bonds secured hy mortgage, 
to })rovide means for construction and equipment, and for 
funding so much of its floating debt as may have been 
incurred for construction or for the purchase of such real 
or personal estate as may have been necessary or convenient 
for the operation of its road, or for the purpose of refund- 
ing its funded debt, or to provide means for building and 
equipping a branch or extension, upon a location duly 
granted or extended, or for the contemplated purchase of 
such additional real and personal property as may be 
necessary or convenient for the operation of its railway : 
provided, that the board of railroad commissioners, after 
an examination of the assets and liabilities of the company 
and such further investigation as it deems requisite, shall 
by vote approve of such issue as being consi-tent with the 
public interests. The vote of approval sliall specify the 
amount of the issue, the rate of interest, which in any case 
shall not exceed six per centum per annum, and the pur- 
pose to which the proceeds shall be applied ; and no such 
issue shall be authorized unless in the opinion of such 
board the value of the constructed tracks, the equipments 
and the other real and personal property of the company, 
taken at a fair value for railway purposes, and excluding 
the value of the franchise, equals or exceeds the amount of 
Certificate to be ^1^^ Capital stock Outstanding and the debt. A certificate 

filed in the oftice .1 O /. i • i 

of the secretary scttiug forth the votc of approval shall be filed in the 
office of the secretary of the Commonwealth before such 
bonds are issued. The company shall not appl}^ the pro- 
ceeds of such bonds to any purpose not specified in the 
vote of the board, and may be enjoined from so doing by 
any justice of the supreme judicial or superior courts, 
upon application of the board or any interested party. 
Such bonds shall be secured by a mortgage of a part or of 
the whole of the railway of such company, and its equip- 
ments, franchise and other property, real and personal. 
The bonds may be issued in sums of not less than one 
hundred dollars each, payable at periods not exceeding 
twenty years from the date thereof, and each bond shall 
be recorded by the treasurer in books to be kept in his 
office. 

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

Approved April 22, 1892. 



wealth. 



Bonds to be 
secured by 
mortgage, etc. 



Acts, 1892. — Chap. 193. 171 



An Act to authorize the city ok pittsiield to provide for (7^f^n.l93 

THE ABOLITION OF A GRADE CROSSING. 

Be it enacted, etc. , as follows : 

Section 1. The city of Pittsfield is herebv authorized, 9'y "^''y p',?- 

, •' . X 1 vide for aboli- 

for the ))urpose of abolishino; the grade crossing over the tionofagiade 
tracks of the Boston and Albany Raih'oad Company near "''**'°^' 
Moruingside in said city, to hiy out and construct a public 
way across the land of said railroad company underneath 
its tracks, which way shall be a continuation of Curtis 
street in said city ; and for the purpose of such construc- 
tion to make any necessary and proper contracts with said 
railroad company or any persons or corporations. 

Section 2. The Boston and Albany Kailroad Com- cost of con- 
pany, upon the completion of said work, shall pay to said Maintenance of 
city fifty per cent, of the cost of construction of so much ^'^y '^"d bridge. 
of said way as shall lie within the limits of the location of 
said railroad, including in said cost the cost of the neces- 
sary bridge and its abutments ; and upon and after the 
completion of the work the bridge and its abutments shall 
be maintained and kept in repair by said railroad company, 
and the way and its approaches shall be maintained and 
kept in repair by said city. 

Section 3. Upon the completion of said way all rights certain rights 

r. -n ill L- j.\ •^ 1 • of way to cease, 

ot way, II any, except those oi the railroad company, in etc. 

the existing grade crossing shall cease and determine, and 

the said railroad company may close the same to travel. 

The city of Pittsfield shall pay such damages, if any, as Payment of 

may be sustained by any person or corporation in property ^^'^^'^^' 

by reason of the discontinuance and abandonment of said 

grade crossing, and any person or corporation sustaining 

damages as aforesaid, who fails to agree with said city 

upon said damages, may have the damages assessed and 

determined by a jury at the bar of the superior court for 

the county of Berkshire, on petition brought within one 

year from the date of said discontinuance, in the same 

manner as damages may be determined w^hen occasioned 

by the discontinuance of town ways, and under like rules 

of law. 

Section 4. The provisions of this act shall not affect Not to affect the 
the authority and power of the city council of said city to council to lay 
lay out a public way in extension of Curtis street, with- pubfic way? 
out and beyond the limits of the location of said railroad, 



172 



Acts, 1892. — Chap. 191. 



Proviso. 



and to determine the location thereof; and the provisions 
of hiw applicable to the laying out of ways by said city 
council and the taking of land therefor shall, except as 
hereinbefore provided, api)]y to said way : jjrovidtd, Jioiv- 
ever, that the Boston and Albany Kailroad Company shall 
not be entitled to damages on account of the laying out 
and construction of a way across its location authorized 
hereby. 

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

Approved April 22, 1892. 



May extend its 
road to towns of 
HiKieon and 
Westborough. 



(Jh(Xp.Vd4t ^'^ ^^'^ "^^ AUTHORIZE THE MAKLBOROLGH STREET RAILWAY 
COMPANY TO EXIEND ITS ROAD INTO THE TOWNS OF HUDSON 
AND WESTBOROUGH AND TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows : 

Section 1. The Marlborough Street Railway Com- 
pany is hereby authorized to construct, equip, extend, 
maintain and operate by electricity, its road to the towns 
of Hudson and Westborough or either of them ; with all 
the powers and privileges and subject to all the restric- 
tions, duties and liabilities created by the general laws 
which are now or hereafter may be in force relating to 
street railways, except as hereinafter provided. 

Section 2. Said company, for the purposes of said 
extension, may locate, construct, equip and operate by 
electricity its railway, with suitable tracks and turn-outs 
upon and over such streets and public ways leading from 
the said Marlborough to said terminal towns as the mayor 
and aldermen of Marlborough and the selectmen of Hud- 
son, Southliorough and Westborough may respectively fix 
and determine ; and may erect, maintain and use such 
poles and wires and make such alterations in said 
streets and ways as said boards may respectively pre- 
scribe, but said company shall not use a centre surface rail 
for the transmission of the electric current. The pro- 
ceedings for the fixing of the route, location and construc- 
tion of said extensions in said streets and public ways of 
said city ard towns shall be similar to those prescribed by 
general laws in relation to street railways, and said com- 
pany shall not locate or construct its road in any street 
or wa}'^ without the written consent of the selectmen or 
the mayor and aldermen of the town or city in which 
such street or way is situated. 



fiocation, con- 
struction, opera- 
tion, etc., of 
railway over 
81 reels and 
w.iys. 



Acts, 1892. — Chap. 194 173 

Section 3. Said company may locate, construct, i^ocation, con. 

'. . . • ., . , • 1 1 Btruction, opera- 

equip and operate i)y electricity its railway, with suital)le uon, etc., of 

.1 1 . , ' V -Jin -jI • liiil way over 

tracks and turn-outs, upon and over private lands within private lands. 
the Ihnits of said extensions ; and for such purpose may 
take and hold by purchase or otherwise all necessary 
lands, and may take and hold by purchase or otherwise 
all land necessary for power stations and other uses inci- 
dental to the ])roper maintenance of its railway, and may 
erect and equip upon said land a station or stations, with 
sufficient steam and electrical power for the operation 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 towns, and for the taking of private lands for the 
purposes named in this section, shall be similar to those 
prescribed by general laws in relation to railroads. 

Section 4. The location of said extensions outside of location outside 

^ or streelB. 

public streets and ways shall not exceed thirty-five feet 
in width, and need not be fenced. 

Section 5. The said company in constructing the Crossing of 
extensions hereby authorized shall not cross the tracks of ra'moads.* 
any steam railroad at grade without first obtaining the 
wa-itten consent of the board of railroad commissioners : 
provided, however, that the track of said railway com- 
pany with the written consent of said board, if the select- 
men of Southborough shall have previously consented as 
herein provided to the location of said street railway over 
the old Westborough road, so-called, may be temporarily 
laid at grade across the track of the Old Colony railroad 
at the intersection of the latter with the said old West- 
borough road, and may be used by the street railway 
company until the completion of the overhead bridge and 
approaches near said point, when the street track shall be 
immediately removed. 

Section 6. The said company, for the purpose of May increase 

. ,. , ^ / /• • 1 4. • 1 capitul Stock. 

providing the means tor constructing said extensions and 
equipping the same, for the purchase or acquirement of 
private lands under the provisions of this act, and for 
constructing the steam and electrical stations, plants and 
car equipment necessary for the operation of its road as 
thus extended, is hereby authorized to increase its capital 
stock so that the same shall not exceed in all the amount 
of three hundred thousand dollars, or to increase its capi- 
tal stock so that the same shall not exceed in all the 



174 



Acts, 1892. — Chap. 194. 



May issue 
buuds. 



Proviso. 



May mortgage 
road, etc., to 
secure pay- 
ment. 



Provisions of P. 
S. 112, §§53-70, 
to apply. 



May change its 
corporate name. 



Directors not to 
exceed tliirteen 
iu number, etc. 



To be con- 
structed and 
operated prior 
to July 1, 1895. 



amount of two hundred thousand dollars and in addition 
issue bonds to an amount which, with those already author- 
ized by its act of incorporation, shall not exceed in all the 
amount of one hundred thousand dollars : provided, that 
no issue of said additional bonds shall be made unless there 
shall have been actually paid in an amount of said addi- 
tional capital stock equal to the amount of such issue. 
Such bonds may be coupon or registered, and for a term 
not exceeding twenty years from the date thereof. 

Section 7. The said company may from time to time, 
by the vote of a majority in interest of its stockholders, 
issue the bonds authorized by the preceding section, and 
to secure payment of the same with interest thereon the 
said company may make a mortgage of its road and fran- 
chise and any part of its other property, and may include 
in such moitgage 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 ; and 
bonds so issued as aforesaid shall tirst be approved by 
some person appointed by the company for that purpose, 
who shall certify upon each bond that it is properly issued 
and recorded The provisions of sections sixty-three to 
seventy, inclusive, of chapter one hundred and twelve of 
the Public Statutes shall apply to the action of said com- 
pany under this and the preceding section. 

Section 8. The said company as soon as it shall be 
convenient or necessary for the purposes of this act may 
change its corporate name so as to embrace the name of 
the town or towns to which it may be extended. 

Section 9. The number of directors may be increased 
from time to time at any special meeting of the stock- 
holders duly notified for that purpose, but not to exceed 
thirteen in all, and the terminal town or towns hereinbe- 
fore named shall be represented in said number. 

Section 10. The provisions of this act shall become 
void, so far as relates to the rights of said company in 
either of the towns in which said company shall not have 
constructed and operated its extension prior to the first 
day of July in the year eighteen hundred and ninety-five. 

Section 11. This act shall take effect upon its passage. 

Approved April 22^ 1892. 



Acts, 1892. — Chap. 195. 175 

An Act to prevent the spread of tuberculosis. Ch(lV.\Q5 

Be it enacted, etc., as follows ; 

Section 1. Section one of chapter fifty-eight of the p. s. 58, §i, 
Public Statutes is hereby amended by striking out the '^""^^ '^'" 
words "may annually", iu the second line of said section, 
and inserting in i)lace thereof the words : — shall annually 
in the month of April, — also by inserting after the word 
" slaughter", in the third line of said section, the words : 
— or kept for the production of milk, — so as to read as 
follows : — Section 1. The mayor and aldermen of cities inspectors of 
and the selectmen of towns shall annually in the month of of anTma'isfn"'^ 
April appoint one or more persons to be inspectors of pro- gtru^hter or 
visions and of animals intended for slauo^hter or kept for kept for the 

1 1 • /• -ii - I • 1 11 1 production of 

the production or milk. Such inspectors shall be sworn miik. 
faithfully to discharge the duties of their office, and shall 
receive such compensation as the city council or the select- 
men shall determine. 

Sectiox 2. Said inspectors, in addition to the powers Powers and 
conferred upon them by section two of chapter fifty-eight ''"''^*' '■'^po'"'- 
of the Public Statutes, may inspect all animals kept for 
the production of milk, and shall report to the board of 
cattle commissioners all suspected cases of tuberculosis 
which come to their notice among animals intended for 
slaughter or kept for the })roduction of milk. 

Section 3. Section thirteen of chapter two hundred isst. 252, § is, 
and fifty-two of the acts of the year eighteen hundred and 
eighty-seven is hereby amended by inserting after the word 
" of", in the ninth line of said section, the word : — tuber- 
culosis, — and by adding, at the end of said section, the 
words : — and may also pay a reasonable sum for the ani- 
mal destroyed, should a post-mortem examination prove 
that said animal was free from the disease for which it was 
condemned, — so as to read as follows: — Section 13. Animals to be 
When the commissioners, l>y an examination of a case of kuied, etc. 
contagious disease among domestic animals, become satis- 
fied that it has been contracted by intention or negligence 
on the part of the owner, or of a person in his employ, 
or by his consent, or by the use of food material liable to 
contain the germs of contagion, they shall cause such ani- 
mals to be securely isolated at the expense of the owner, 
or they shall cause them to be killed without appraisal 
or payment; and in all cases of tuberculosis, farcy or 
glanders, the commissioner having condemned the animal 



176 Acts, 1892. — Chap. 19G. 



infected therewith, shall cause such animal to be killed 
Owner may be without an aiipraisal, but may pay the owner or any 

paid an equita- , '^ '- ■, , i ,• V.i i •ii- t i • i 

biesum.etc. Other pcrson an equitablc suui tor the killmg and burial 
thereof, and may also pay a reasonable sum for the animal 
destroyed, should a post-mortem examination prove that 
said animal was free from the disease for which it was 
condemned. 
Rppeaiof p. s. SECTION 4. Scctiou scven of chapter fifty-eight of the 
Public Statutes is hereby repealed. 

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

Approved April 22, 1892. 

CA«».196 -^^ ^^^ RELATIVE TO TtlE FISHERIES OF THE TOWN OF MASHPEE. 

Be it enacted, etc., as foUoivs : 
18S4, 264 §1, Section one of chapter two hundred and sixty-four of 

amended. i , . , '^ ^ • 

the acts of the year eighteen hundred and eighty-four is 
hereby amended by striking out the first four lines of said 
section, and the words " line drawn from Gooseberry 
island to Mashpee neck", in the fifth line, and inserting in 
place thereof the following words : — No person shall fish 
for or take or destroy in the waters of the town of Mash- 
pee, leased by said town to any person, any fish, shell- 
fish or eels, except as permitted by such lease ; and no 
person not an inhabitant of the town of Mashpee shall fish 
for, take or destroy in the waters within said town, — also 
by inserting after the word " however", in the fourteenth 
line of said section, the words : — that the foregoing pro- 
visions shall not apply to Hamlin's pond and its outlet, 
nor to the trout fishery in Popponessett bay, south of a 
line drawn from Gooseberry island to Mashpee neck ; and 
provided, fiirtJier, — so as to read as follows : — Section 1. 
Fisheries regu- No pci'sou shall fisli for or take or destroy in the waters 

lated in Mash- /• , i , /• -v r i i i i • i i. a 

pee. of the town of Mashpee, leased by said town to an}' per- 

son, any fish, shellfish or eels, except as permitted by 
such lease ; and no person not an inhabitant of the town of 
Mashpee shall fish for, take or destroy in the waters with- 
in said town any fish, shellfish or eels, without a written 
permit or lease fnjiii the selectmen of said town, stating 
the time, ])lace, manner and number in which the same 
may be taken ; nor shall any inhabitant of said town at 
any one time take more than three bushels of shellfish for 
bait, or take any fish, shellfish or eels for the purpose of 
selling the same, without a written permit from said 
selectmen, who may grant the same for such sum, to be 



Acts, 1892. — Chaps. 197, 198. 177 

paid to the use of said town, as they shall deem proper : 
provided, however, that the foregoinu: |)rovisi()ns shall not Provisoa. 
apply to Hamlin's pond and its outlet, nor to the trout 
fishery in Popponessett hay, south of a line drawn from 
Gooseherry island to Mashpee neck; and pi^ovided, fur- 
ther, that no seining shall he allowed in any of the waters 
of said town ; hut the inhahitants of said town may take 
such fi^sh, shelltish and eels for family use without such 
permit, except from such fisheries as are lawfully leased 
by said town to others. Approved April 22, 1892. 

An Act to exempt the town of qroveland from part of the njfffn "107 

EXPENSE OF MAIN PAINING GROVELAND BRIDGE. ^ ' 

Be it enacted, etc., as follows : 

The county commissioners of the county of Essex shall Reapportion- 

•^ „ . . »^ ment of cost of 

reapportion the cost of maintaining Groveland bridge and maintaining 
the draw connected therewith so as to relieve the town of bridge. 
Groveland of some part of its present yearly expense, 
and so that the amount from which the town of Grove- 
land is exempted shall be apportioned upon and paid by 
the several towns and cities most usino; said bridgfe. 

Apptroved April 22, 1892. 

An Act relative to the change of names of corporations. (JTirij) lOQ 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and issi.seo. §i, 

• 1 1 amended. 

sixty of the acts or the year eighteen hundred and ninety- 
one is hereby amended by inserting after the word " chap- 
ters", in the third line thereof, the words: — eighty-two, 
— and by inserting after the word "ten", in the fifth line 
of said section, the words: — one hundred and eleven, — 
so as to read as follows : — Section 1 . The commissioner commigsioner 
of corporations may authorize any corporation subject to "e^fafn^c'^oTpora. 
the provisions of chapters eighty-two, one hundred and t'on* to change 

*i OJ ' their names. 

SIX, one hundred and seven, one hundred and eight, one 
hundred and nine, one hundred and ten, one hundred and 
eleven, one hundred and twelve, one hundred and thirteen, 
one hundred and fourteen, one hundred and fifteen, one 
hundred and sixteen, one hundred and seventeen, 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 corporation shall. Proviso. 
previously to its application to the commissioner of corpo- 



178 Acts, 1892. — Chats. 199, 200. 

rations 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. This act shall take effect upon its passage. 

Ajjproved April 22, 1892. 

CAtt7?.199 ■'^N Act to confirm the proceedings of the annual town 

MEETING OF THE TOWN OF GARDNER. 

Be it enacted, etc., as follows : 

U)wn*^raertfug^ Section 1. Thc procccdings of the aiinual towu mcct- 
confirmed. jog of the towD of Gardner held on the seventh day of 
March in the year eighteen hundred and ninety-two, and 
any adjournment thereof, shall not be invalid by reason 
of the omission in the warrant callino- such meetino;, 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 reference to keeping open said polls or 
closing the same. 

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

Approved April 22, 1892. 

ChaV.200 ^^ ^^^ '^ RELATION TO FEES FOB ARRESTS FOR DRDNKENNESS BY 
OFFICERS DERIVING THEIR SOLE COMPE^SATION FROM TAXABLE 
FEES. 

Be it enacted, etc., as follows: 
Certain officers Section 1. When an officer whose sole compensation 

entilled to fees . . ... , . • i • -i r 

for arrests for for scrviccs m cruiimal proceedings is derived from taxa- 

drunkenness. i i <• i .. i* i i i ^i 

Die tees, makes an arrest tor drunkenness, and the person 

arrested is discharo;ed without beino- brought into court 

or before a trial justice, the officer making such arrest 

shall be entitled to the same fees therefor as in cases 

where persons arrested are taken into court or before a 

Return to be trial iusticc, and complained against. If the arrest be 

cases. made without a warrant, the officer making the same shall 

make a sworn statement in writing of his fees, in the 

nature of a return upon a precept, which statement he 

shall send to the court or trial justice having jurisdiction 

of the offence. 

Certain special SECTION 2. Spccial poHcc officcrs making arrests for 

police onictJi's ^ 

not entitled to drunkeuncss in cities and towns in which the police offi- 
cers or constables receive salaries shall not be entitled to 
fees under this act. 



fees 



Acts, 1892. — Chaps. 201, 202, 203. 179 

Section 3. When trial justices discharge without cLTge without 
comphiint jiersons arrested for (h'unkenness, they shall be complaint. 
entitled to the same compensation as in cases where there 
are trials. 

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

Approved April 22, 1892. 



Chap.201 



An Act relating to changes in the name of certain corpo- 
rations. 

Be it enacted, etc. , as foUoivs : 

Section 1. The provisions of chapter three hundred ^I°7'^J°^^ °! . 

. /> 1 i> 1 • 1S91, 360, not to 

and sixty ot the acts ot the year eighteen hundred and apply, etc. 
ninety-one shall not apply to any corporation organized 
or transacting business under the provisions of chapter 
four hundred and twenty-nine of the acts of the year 
eighteen hundred and eighty-eight, or acts amendatory 
thereof. 

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

Approved April 22, 1892. 



Cnap.202 



An Act fixing the time and place of holding probate courts 
in the county of suffolk. 

Be it enacted, etc. , as follmos : 

Section 1. After the first day of June next the ses- Probate courts 
sions of the probate court for the county of Suffolk shall Suffolk!""'^ ''^ 
be held at Boston on every Thursday in each year, except 
the first, second, fourth and fifth Thursdays of Auo-ust, 
instead of at the times now provided by law. 

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

Approved April 22, 1892. 



An Act to exempt from taxation certain real and personal 
property belonging to the odd fellows' home of massa 



\ Chap.201 

CHUSETTS. 

Be it enacted, etc. , as follows : 

Section 1. The real estate of the odd fellows' home Property 
of Massachusetts situated in the city of Worcester, and taxaTon!""""" 
the personal property belonging to said home or held by 
the trustees thereof for the purpose of said home, to the 
amount provided in chapter one hundred and fifteen of the 
Public Statutes, shall be exempt from taxation so lono" as 
said real and personal property shall be used for the pur- 
pose of said home, in accordance with the rules and regu- 



180 Acts, 1892. — CnArs. 20i, 205. 

lations prescribed by the grand lodge of the independent 
order of odd fellows of Massachusetts. 

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

Approved April 22, 1892. 

ChOp.204: ^^ ^^^ '^^ CONFIRM THE ORGANIZATION AND PROCEEDINGS OF 
THE HOOSAC TUNNEL AND WILMINGTON RAILROAD COMPANY. 

Be it enacted, etc. , as follows : 

^o'dprow^d^ngs Section 1. The organization and proceedings of the 
confirmed. Hoosac Tuuncl and Wilmington Railroad Company are 
hereby ratified, confirmed and made valid, as they appear 
in the records of said company, to all intents and purposes, 
notwithstanding that the first meeting was called by the 
clerk instead of by a majority of the directors, and not- 
withstanding certain omissions in the qualification of the 
clerk of said company from time to time ; and said organi- 
zation and proceedings shall be held valid and effectual in 
law. 

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

Approved April 22, 1892. 

CJian.205 ^^ ^^"^ '^^ authorize the BEVERLY MARINE RAILWAY IN BEV- 
erly to confirm its proceedings and convey its real 
estate. 

Be it enacted, etc., asfolloivs: 

may^oDflrm" Section 1. The stockholdci's of the Beverly Marine 

defects in Railway in Beverly may, at a meetins; of said stockholders 

proceediuga. iii.,- • i/» i /•!• 

held withm ninety days trom the passage oi this act and 
called by the stockholder having the largest number of 
shares, confirm an}' defects in the proceedings of said cor- 
poration in the manner provided by section eighty of chap- 
ter one hundred and six of the Public Statutes, and may 
at such meeting alter or amend its by-laws or establish 
new by-laws and elect all necessary officers. 
n°n7convey or Section 2. Said corporatioH may convey or mortgage 
mortgHgeita \}^q wholc or any part of its real estate when authorized 

real estate. *' * 

thereto by vote of the stockholders at a meeting called for 
the purpose, and may at such meeting authorize its presi- 
dent to execute all necessary deeds, in the name of the 
corporation. 

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

Approved April 22, 1892. 



Acts, 1892. — Chaps. 206, 207. 181 



An Act to increase the penalty for the unauthorized QJian.20(j 

REMOVAL OF GRAVEL, SAND AND OTHER MATERIAL FROM THE 
BEACHES. 

Be it enacted, etc., asfolloios: 

Section two of chapter two hundred and sixty-nine of ^^^^i^^^^,' § '-• 
the acts of the year eighteen hundred and eighty-four is 
hereby amended by inserting after the word " exceeding", 
in the hist line thereof, the words : — two hundred doHars 
and not less than, — so as to read as follows : — Section 2. 
"Whenever it appears to the board of harbor and land grl'^ernl- other 
commissioners, upon complaint made to said board or ''wteriai maybe 
otherwise, that the dio;o;ing or removal of stones, gravel, harbor and 

, ,1 i •*" i' c 111 land coinmis- 

sand or other material, upon or trom any beach, snore, siouers. 
blutf, headland, island or bar, in or bordering on tide 
waters, or the destruction of any trees, shrubs, grass or 
other vegetation growing thereon, is, or is likely to prove, 
injurious to any harbor or other navigable tide waters, 
said board may, by notice in w^riting to any person or 
persons, prohibit such digging or removal, or the doing 
of any acts injurious to such trees or other vegetation, 
upon or from any such beach or other place aforesaid 
specified in such notice. Whoever, after receiving such Penalty. 
notice, wilfully does any act or thing prohibited therein, 
and which is authorized to be so prohibited by this sec- 
tion, or, being the owner or having the control of any 
land specified in such notice, wilfully suffers or permits 
such act or thing to be done thereon, shall be punished 
by a fine not exceeding two hundred dollars, and not less 
than twenty dollars, for each offence. 

Approved April 22, 1892. 

An Act to authorize the town of Chatham to refund a nhfjj) ^C)l 

PORTION OF its DEHT. "^ **" 

Be it enacted, etc., as follows: 

Section 1. The town of Chatham is hereby authorized ^,nd°aportio*ii 
to issue bonds, notes or scrip to an amount not exceeding of us debt. 
four thousand dollars, for the purpose of refunding an 
equal amount of bonds of said town issued under the pro- 
visions of chapter two hundred and twenty-one of the acts 
of the year eighteen hundred and eighty-six, and becoming 
due in September of the present year. The bonds, notes 
or scrip issued under the provisions of this act shall be 
payable not more than twenty years from the date of issue 



182 Acts, 1892. — Chaps. 208, 209. 

and shall bear interest at a rate not exceeding six per 
cent, per annum, and shall be signed by the treasurer and 
countersigned by the selectmen of said town. 

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

A2}proved April 22, 1892. 

ChdV'^OS ^^ -^^^ '^^ AUTHORIZE THE TOWN OF HOPKINTON TO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

^id^ti^naf water Section 1. The towu of Hopkiutou, for the purposes 
io*°' mentioned in section two of chapter one hundred eighty- 

three of the acts of the year eighteen hundred eighty-two, 
may issue notes, bonds or scrip to be denominated on the 
face thereof, Hopkinton Water Loan, to an amount not 
exceeding twenty-five 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 to 
be issued upon the same terms and conditions and wnth 
the same powers as are provided in said act for the issue 
of the Hopkinton water loan by said town : provided, that 
the whole amount of such notes, Ijonds or scrip issued by 
said town, together with those heretofore issued by said 
town for the same purposes, shall not in any event exceed 
the amount of seventy-five thousand dollars. 

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

Approved April 22, 1892. 

C/itt?9.209 An "^CT relating to SPECIAL JUDGMENTS AGAINST BANKRUPT 

AND INSOLVENT DEBTORS. 

Be it enacted, etc., as follows: 
1885, 59, §1, Section 1. Section one of chapter fifty-nine of the 

acts of the year eighteen hundred and eighty-five is here- 
by amended by inserting after the word " property", in 
the first line of said section, the words : — estate, interest 
or money, — by striking out all after the word " attached", 
in the eighth line of said section, to and including the 
w^ord "attached", in the fifteenth line, and inserting in 
place thereof the following words ; — or been brought 
within the control of a court of equity, b}^ injunction or 
otherwise, in proceedings upon bills by creditors to reach 
and apply, in payment of a debt, any pro})erty, right, 
title or interest, legal or equitable, of a debtor, within 
this state, which cannot be come at to be attached in a 



Acts, 1892. — Chap. 209. 183 

suit at law airainst such debtor, or in other proceedings 
in equity, or by payment of money into court ; and when 
it shall be made to aj)pcar, by default or otherwise, that 
the plaintiff is entitled to judgment or decree, except for 
such bankruptcy or insolvency of the debtor, or his dis- 
charge therein, the court may at any time upon motion 
enter a special judgment or decree for the plaintiff, for 
the amount of his debt or damages and costs, or for such 
other relief as he may be entitled to, to be enforced in the 
first instance only against the property, estate, interest or 
money, so attached, or so brought within the control of 
the court, — by inserting after the word " property", in 
said fifteenth line, the words : — estate, interest or money, 
— by inserting after the word "judgment", in the six- 
teenth line of said section, the words : — or decree, — b}"" 
inserting after the word "execution", in the nineteenth 
line of the said section, the words : — or other process, — 
and by striking out, in the tw^entieth and twenty-first 
lines, after the word "judgment", the words "for the 
amount thereof remaining", and inserting in place thereof 
the following words : — or decree for such portion thereof 
as remains, — so as to read as follows: — Section 1. 
When any property, estate, interest or money of a debtor Special judg- 
has, more than four months prior to the commencement bankruprand 
of proceedings in bankruptcy, or, in case of volun- debtor's'!' 
tary proceedings in insolvency, more than four months 
prior to the time of the first publication of the notice of 
the issuing of the warrant, or, in case of involuntary pro- 
ceedings, more than four months prior to the time of the 
first publication of the notice of the filing of the petition, 
been attached, or been brought within the control of a 
court of equity, by injunction or otherwise, in proceedings 
upon bills by creditors to reach and apply, in payment of 
a debt, any property, right, title or interest, legal or 
equitable, of a debtor, within this state, which cannot be 
come at to be attached in a suit at law against such debtor, 
or in other proceedings in equity, or by payment of money 
into court ; and when it shall be made to appear, by default 
or otherwise, that the plaintiff is entitled to judgment or 
decree, except for such bankruptcy or insolvency of the 
debtor, or his discharge therein, the court may at any time 
upon motion enter a special judgment or decree for the 
plaintiff, for the amount of his debt or damages and costs, 
or for such other relief as he may be entitled to, to be 



184 



Acts, 1892. — Chap. 210. 



Powers of court 
in equity not 
impaired. 



Clia]) 



Form of com- 
plaint for viola- 
tion of laws 
regulatmg em- 
ployment of 
women and 
minors in raanu 
fncturing estab- 
lishments. 
P. S. 74, §§ 4, 5. 



enforced in the first instance onl}^ against the propeity, 
estate, interest or money, so attaclicd, or so brought 
within the control of the court ; and if such property, 
estate, interest or money shall be insufBcient to satisfy 
the judgment or decree in full, the court may thereaf"ter, 
if the debtor's discharge shall be refused, or if he shall 
unreasonably delay to prosecute said proceedings to a dis- 
charge, order an alias or other successive execution or 
other process to be issued upon suchjudgment or decree 
for such portion thereof as remains unsatisfied, and the 
creditor may also in case of such refusal or delay have 
a scire facias or action as provided in section seventeen 
of chapter one hundred and seventy-one of the Public 
Statutes. 

Section 2. Nothing herein contained shall be con- 
strued to impair or limit in any way the powers which a 
court of equity might have exercised prior to the passage 
of this act. 

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

Ap^oroced April 25, 1892. 

.210 -^^ Act providing a form of complaint for violation of 
the laws regulating the employment of women and 
minors in manufacturing establishments. 

Be it enacted, etc., as follows : 

Section 1. The following form of complaint may be 
used in prosecutions under sections four and five of chap- 
ter seventy-four of the Public Statutes and all acts amend- 
atory thereof, and if substantially followed shall l)e deemed 
sufficient, fully and plainly, substantially and formally, to 
describe the offences therein set forth ; but this shall not 
be so construed as to prohibit the use of any other suitable 
form. 

Commonwealth of Massachusetts. 

M SS To A. B. Esquire, a trial justice 

within and for the county of M C D. of B in said county 

of M on behalf of the Coinmonvvealth of Massachusetts, on 

oath complains, that the is a cori)oration established under 

the laws and having its usual place of business at B in 

said county of M and that said corporation, to wit, the 

said on the day of in the year 189 at B 

aforesaid, in the county aforesaid, had and was carrying on a manu- 
facturing establishment, to wit, a mill for the manufacturing of 
and then and there employed in laboring in its 

manufacturing establishment, to wit, in its said mill, and that said 
cori)oiation, to wit, the said had before the said 

day of posted, and then still had, and continued to have 



Acts, 1892. — Chap. 210. 185 

posted in a conspicuous place in its said nianufaefuring establish- Form of, 
nient, to wit, its said mill, in a certain room in said manufacturing comp am . 
establishment, to \vit, in said mill, in which were then 

and there employed in laboring by said corporation, to wit, said 

and in which a certain whose name is 

was then and there employed in laboring by said corjwration, to wit, 
said a ))rinted notice stating the number of hours of work 

required of such by said corporation, to wit, said ou 

each day of the week, to wit. a printed notice that such 
were recjuired to Avork in laboring and that work in laboring was 
required of such then sd employed in laboring in said, room 

hours and no more in each of the first five working days 
of each Aveek. and hours and no more on Saturday of each 

week, which said notice was of the tenor following, that is to say, 
(Here insert an exact copy of saitl notice. J and that said corporation, 
to wit, the said on the said day of 

the same being one of the first five working days in the week, to wit, 
did then and there employ in laboring in its manufactur- 
ing establishment, to wit. said mill, and in the room in said mill in 
which the said notice was then and there posted as aforesaid, the 
said for a longer time than hours, to wit, for 

hours and • minutes the said period of 

hours being the time stated in the notice aforesaid as the number of 
hours' work in laboring required of said in said room by 

said corporation, to wit, said on said day of 

the same being the said employment in laboring of the 

said by the said corporation, to wit, the said 

as aforesaid, not being then and there or any part thereof in com- 
pensation for or to make up for any time lost in consequence of the 
stopping of any machinery of the said corporation, to wit, the said 
upon which said was employed or depend- 

ent for employment or had been employed or Avas dependent for 
employment any previous day in the week of Avhich the said 
da}' of Avas a portion, against the peace of the said Com- 

mouAvealth, and the form of the statute in such cases made and 
provided. He therefore prays that the said corporation, to wit, the 
said may be summoned to answer to said complaint, and 

dealt Avith relative to the same, as law and justice may require. 

Dated at B in the county of M this day 

of in the year of our Lord one thousand eight hundred and 



nmety 



C. D. Complainant. 
Commonwealth of Massachusetts. 



M SS. Taken and sworn to this day of 

in the year of our Lord one thousand eight hundred and 
ninety Before me. 

A. B. Trial Justice. 

The above form shall be sufficient in prosecutions of a 
natural person or persons, and before district, police and 
municipal courts, or any maiiistrate authorized to receive 
complaints, with such modifications as may be necessary 
in every case. 

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

Approved April 25, 1892. 



186 



Acts, 1892. — Chaps. 211, 212. 



Allowance to 
towu of 
Fraraingham 
under 1887, 403. 



Chan.2il\ ■^'^ -^^^ relating to the disposal of sewage from the 

REFORMATOKY PRISON FOR WOMEN. 

Be it enacted, etc., as folloios: 

Section 1. There shall be allowed and paid to the 
town of Framinghara the sum of eight thousand and five 
hundred dollars, in full compensation for the right to 
discharge the sewage from the reformatory prison for 
women in the town of Sherborn into the main sewer of 
the system of sewage disposal constructed by said town 
of Fraraingham, in accordance with chapter four hundred 
and three of the acts of the year eighteen hundred and 
eighty-seven, that being the amount agreed upon, as 
provided in section eight of said act, between the said 
town of Fraraingham and the Coramonweahh, through the 
board of commissioners of prisons. There shall also be 
allowed and jiaid to said town of Fraraingham the sum 
of nine hundred dollars, in full payment of the percentage 
to be paid by the Commonwealth toward the cost of 
maintaining and operating said system of sewage disposal, 
as provided in said section eight of said act, from the first 
day of July in the year eighteen hundred and ninety-one 
to the thirty-first day of December in the year eighteen 
hundred and ninety-two. 

Section 2. There shall be allowed and paid to said 
town of Fraraingham, from and after the first daj^ of 
January in the year eighteen hundred and ninety-three, 
the sum of six hundred dollars annually, in full payment 
of the percentage which the Commonwealth shall pay 
toward the annual expense of maintaining and operating 
said system of sewage disposal, as long as there shall be 
discharged into said system the sewage from said reforra- 
atory prison for women. 

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

Approved Ax)ril 23, 1892. 



Annual allow- 
ance to town of 
Framingham. 



(7Aa?9.212 ^'^ ^^"^ "^^ LEGALIZE A VOTE OF THE TOWN OF PEABODY PRO- 
VIDING FOR REFUNDING A PORTION OF THE AMOUNT PAID FOR 
A LIQUOR LICENSE. 

Be it enacted, etc., as follows : 
Vote legalized. Section 1. The votc of the town of Peabody, -passed 
on the twenty-fourth day of March in the year eighteen 
hundred and ninety-one, authorizing the treasurer of said 
town to refund to the heirs of John Keefe, third, three 



Acts, 1892. — Chaps. 213, 214. 187 

fourths of the amount paid by said Keefe for a liquor 
license, is hereby declared legal and valid, and said treas- 
urer is hereliy authorized to pay said sum in accordance 
with saitl vote. 

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

Approved April 25, 1892. 



C%9.213 



An Act relating to the income from the water supplies 
of the city of boston. 

Be it enacted, etc., as follows: 

Section 1. The board or authority having for the time income ftom 
being charge of the water supplies of the city of Boston piferof'thrcuy 
shall fix the prices, or rents for the use of water from ^^ Boston. 
said supplies ; and the income received therefrom, after 
deducting all expenses and charges of distribution, shall 
be applied, — first, to the payment of the interest on the 
loans incurred for furnishing and developing said supplies, 
— second, to the payment of the sinking fund require- 
ments for said loans, in accordance with the provisions of 
chapter twenty-nine of the Public Statutes, — third, to 
the purchase and laving of water pipes at the discretion 
of said board or authority ; and fourth, the balance, if any 
there be, to the sinking funds for said loans. 

Section 2. Sections eleven, twelve and thirteen of Repeal. 
chapter one hundred and sixty-seven of the acts of the 
year eighteen hundred and forty-six, section two of chap- 
ter one hundred and fifty-nine of the acts of the year 
eighteen hundred and seventy-one, section two of chapter 
eighty-five of the acts of the year eighteen hundred and 
seventy-two, and all acts and parts of acts, whether special 
or general, inconsistent herewith, are hereby repealed. 

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

Approved April 25, 1892. 



An Act to protect the beaches and shores of the town of 
marblehead. 



Chai^.lU 



Be it enacted, etc., as follows : 

Section 1. Whoever takes or removes by land or Gravei.etc, 
water, from any beach, shore, blufi", headland or bar ^^om^shore'l!^" 
within the limits of the town of Marblehead, any stones, etc., without 

. -^ ' permission. 

gravel, mud or other material composing such beach, 
shore, blutf, headland or bar, without the consent in writ- 
ing of the board of harbor and land commissioners, shall 
for each olfence forfeit and pay to the use of the Common- 



188 Acts, 1892. — Chaps. 215, 216. 

wealth a sum not less than one hundred dollars nor more 
than five hundred dollars, or be punished by imprisonment 
in the jail not exceeding six months. 
o/offeifdel-s"'*' Section 2. Any person found violating the provisions 
of this act may be arrested without warrant, by any con- 
stable of the town of Marblehead or by any officer qualified 
to serve criminal process, and may be detained by such 
constable or officer not exceeding twenty-four hours, Sun- 
days and legal holidays excepted ; at or before the expira- 
tion of which time such person shall be brought before a 
court or magistrate having jurisdiction in the case and 
proceeded against according to law. 

Approved April 27, 1892. 

Ch(ip.215 ^N Act to confirm the proceedings of the annual meeting 

OF THE TOWN OF NORTH BROOKFIELD. 

Be it enacted, etc., as follows : 

rnnuatmeeting '^^^^ procccdiugs of the annual meeting of the town of 
confirmed. North Brookfield held on the fourth day of April in the 
year eighteen hundred and ninety-two are hereby ratified 
and confirmed. Approved April 28, 1892. 



Chap. 2m 



An Act to incorporate the town of west tisbury. 
Be it enacted, etc., as follows: 
TveTTubury Section 1. All that part of the town of Tisbury com- 
incorporated. prised withiu the following limits, that is to say: — Be- 
ginning at a stone monument in the boundary line of the 
towns of Edgartown, Cottage City and Tisbury, and run- 
ning northwesterly in a straight line to the Vineyard 
sound in such manner as to intersect the Chappaquansett 
schoolhouse, so-called ; thence westerly by the Vineyard 
sound to the boundary line between the towns of Chilmark 
and Tisbury ; thence southerly following said boundary 
line to the Atlantic Ocean ; thence easterly by the Atlan- 
tic Ocean to the boundary line between the towns of 
Edgartown and Tisbury ; thence northerly following the 
present boundary line between the towns of Tisbury and 
Edgartown to the above-mentioned monument and the 
place of beginning, — is hereby set off from Tisbury and 
incorporated 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 
subject to all the duties and liabilities of otlier towns of 
the Commonwealth. 



Acts, 1892. — Chap. 216. 189 

Section 2. The inhabitants and estates within the ter- Payment of 
ritory hereby set ott' and the owners of such estates, shall '^"^^'^'^^ 
l)e holdon to i)ay 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, annu- 
ally in the month of November, shall pay to the town of 
Tisbury three tenths 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 respec- 
tively to the secretary of the Commonwealth and to the 
county commissioners of the county of Dukes County. 

Section 3. The towns of West Tisbury and Tisbury Relief and 8«p. 
shall he liable respectively for the relief and support of ^""^ paupers. 
all persons now or hereafter needing aid as paupers who 
may derive 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 three tenths of 
all costs for the relief and support of persons now or here- 
after needing aid as paupers or otherwise, who may derive 
or have derived or acquired a settlement by reason of mil- 
itary service as part of the quota of Tisbury. 

Section 4. Suits upon existing rights of action in favor Division of 
of or against the town of Tisbury may be instituted and cMtt^of suits, 
j)rosecuted or defended by said town in the same manner ^"^^ 
and with like eftect 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 three tenths to West 
Tisbury and seven tenths to Tisbury. 

Section 5. The towns of Tisbury and West Tisbury Division of 
shall retain and own the corporate property heretofore propeny%tc. 
owned by the town of Tisbury which is within their 
respective limits, however the same may have been ac- 
quired, 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 value of corporate property in the towns after division, 
as may be determined and apportioned by the commission 
hereafter mentioned in case the towns fail to mutually agree 
thereon ; and the net public debt of said town of Tisbury, 
after deducting all cash assets of and debts due to said 
town of Tisbury, shall be divided between the towns of 



190 Acts, 1892. — Chap. 216. 

Tisbuiy and West Tisbuiy, in the ratio of seven tenths to 
Tisbury and three tenths to West Tisbuiy ; and in case the 
town of West Tisbuiy cannot agree Avith the town of Tis- 
bury 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 application of either town and notice to 
the other, whose award when accepted by said court shall 
be binding upon all parties. 
Jr°es'e°nSc'to?ai Section 6. The town of Wcst Tisbury shall, until 
districts, etc. othcrwisc providcd by law, continue to be a part of the 
thirteenth congressional district, of the first councillor 
district, of the Cape senatorial district, and the first rep- 
resentative district of the county of Dukes County ; and 
the inhabitants of said town of West Tisbury shall vote 
for each of said officers in the town of West Tisbury. 
The selectmen and clerk of said town of West Tisbury in 
each of said cases shall make returns as if said town had 
existed at the time of the formation of said districts. 
fJrei™tTonTf Section 7. Any justlcc of the peace whose residence 
officers. is in the town of West Tisbury may issue his warrant 

directed to any inhabitant 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 served by posting copies thereof, attested by the person 
to whom the same is directed, in three public places in 
said town of West Tisbur}^ seven days at least before such 
time of meeting. Such justice, or in his absence such 
inhabitant required to notify the meeting, shall preside 
until the choice of moderator in said town meeting. The 
List of voters at Selectmen of said town of Tisbury shall before said meet- 
rst meeting. ^^^ prepare a list of voters in said town of West Tisbury, 
qualified to vote in said meeting, and shall deliver the same 
to the person presiding at such meeting before the choice 
of moderator thereof. 
Division of Section 8. The town of West Tisbury shall receive 

amount /> r • i • i 

refunded, etc from the towu of Jisbury three tenths ot whatever amount 
may hereafter be refunded to said town of Tisbury from 
the Commonwealth or the United States to reimburse it 



Acts, 1892. — Chap. 217. 191 

for bounties to soldiers or state aid heretofore paid to sol- 
diers' families, or on any oilier account, after deducting all 
reasonalilo expenses. 

Skction il. 'J liat portion of the rent of the Tishury Rent of the 
great pond which now l)elongs to the town of Tishury shall fume^toVest 
hereafter be paid and enure solely to the benefit of the tVe'temng'* 
town of West Tisbur}', and the rights, privileges and ben- ^ury? '° ^'^' 
etits of the herring fishery at Chappaquansett shall here- 
after enure .'-olely to the benefit of the town of 'J isbury, 
and the new town of West Tishury shall have no share or 
part therein. 

Section 10. The town of West Tishury as hereby west xisbury 
created shall, on and after the passage of this act, l)e ex- iiabimy to tue 
empted from all liability for any payment to the Vineyard u'a'\en''\Vater 
Haven Water Company on account of a contract heretofore ^"^p^"^- 
entered into by the town of Tisbury with snid w^ater com- 
pany for the purpose of supplying said town with water 
for a term of 3'ears. 

Section 11. The town of West Tisbury as created by Payment of 
this act shall annually pay to the town of Tisbury, from and 10 bl- agreed 
after the passage of this act, 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 tending the draw on said bridge, as may be 
mutually agreed upon by the said towns. In case of fail- 
ure to agree, the portion, if any, which the town of West 
Tisbury shall pay shall be determined by the commission 
mentioned in section five. 

Section 12. All the rijrhts heretofore secured to exist- R'ghtsofcor- 

O . . poialiuUB to 

ing corporations upon the territory hereby incorporated comiuueia 
and defined shall continue in force and be operative as 
though this act had not been passed. 

Section 13. This act shall take effect upon its passage. 

Approved April 28, 1892. 



Chap.217 



An Act to incorporate the haverhill and amesbury street 
railway company. 

Be it enacted, etc., as follows: 

Section 1. Charles Goss, Dudley J. Marston, William Haverhiiiand 
G. Ellis, Albert W. Goss, Adam Scott and N. Emory «i™e*tRaiiway 
Collins, their associates and successors, are hereby made pomea"/ '°'^°'^ 
a corporation under the name of the Haverhill and Ames- 
bury Street Railway Company ; with all the powers and 
privileges and subject to all the duties, liabilities and 



192 Acts, 1892. — Chap. 217. 

restrictions set forth in all general laws that now are or 
hereafter may be in force relating to street railway com- 
panies, except as hereinafter provided. 
^miction', ope r- ^ECTiON 2. Said Company is hereby authoHzed to Con- 
ation, etc., of struct and operate a railway, with sini>le or double tracks 

railway in the i • i • i • i 

city of Haverhill and With Convenient turn-outs and switches, in part upon 

and towns of -iii j i ^j. I'l 

Merrimacand pi'ivate land, and over and upon any streets or highways 
Amesbury. -^^ ^j^^ ^jj.^ ^^ Havei'hill, towu of Mcrrimac and town of 

Amesbury as shall be from time to time fixed and deter- 
mined, l)y the mayor and aldermen of the city of Haver- 
hill for the city of Haverhill, the selectmen of the town of 
Merrimac for the town of Meirimac, and the selectmen of 
the town of Amesbury for the town of Amesbury ; and 
said company may construct its tracks over private land 
and hold the same by purchase or otherwise ; it may 
acquire by purchase or otherwise all necessary real estate 
for its power stations and other uses incidental to the 
proper maintenance of its railway. The proceedings for 
the lixing of the route, location and construction of said 
railway, over all of the route lying outside of the streets 
^ and public highways of said city and towns, 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. Said railway shall 
not cross the tracks of any steam railroad at grade without 
tirst obtaining the written consent of the board of railroad 
commissioners. 
Location outside SECTION 3. The locatiou of Said street railway out- 

or fitr66t6 etc * 

side of public streets and highways shall not exceed fifty 
feet in width. 
fud^rJ^txAouB Section 4. Said company may maintain and operate 
and privileges said railwav by any approved motive power other than 
with. steam, and, with the consent of the mayor and aldermen 

of the city of Haverhill and the selectmen of the towns of 
Merrimac and Amesbury, may make such underground 
alteration of the streets and highways, and may erect 
poles and wires, and may erect and maintain poles and 
wires on private land taken, as may be necessary to estab- 
lish such motive power ; except that said company shall 
not use a centre surface rail for transmission of the electric 
current. But in the event of the purchase of the Black 
Rocks and Salisbury Beach Street Kaiiway Company by 
the Haverhill and Amesbury Street Kaiiway Company, 
the purchasing corporation may operate by steam that 



Acts, 1892. — CnAr. 217. 193 

section of the Black Rocks and Salisbury Beach street rail- 
way now so operated. 

Section o. Said company is hereby authorized to pur- Mny purchase 
chase all the rights, franchises and property belonging to o'nhVmack'"' 
the Black Kocks and Salisbury Beach Street Railway Com- saUBbuTy'^Beach 
pany, and said Black Rocks and Salisbury Beach Street ^4''^'pVuy;''^''y 
Railway Company is hereby authorized to sell, convey 
and assign its franchises and property and all the rights, 
easements, privileges, locations and powers granted or in 
any way belonging to it, to the said Haverhill and Ames- 
bury Street Railway Company; which company shall, 
upon such conveyances being made, have and enjoy all the 
rights, powers, privileges, locations, easements, franchises 
and property which heretofore belonged to or were in any 
way owned by the said Black Rocks and Salisbury Beach 
Street Railway Company, subject to the duties, liabilities 
and restrictions applicable to the same under the general 
laws relating to street railway companies : provided, how- Proviso. 
ever, that such purchase or sale shall not be valid unless 
agreed to by a majority of the directors of both said cor- 
porations, and ai)proved by a majoritj' in interest of the 
stockholders of each corporation at meetings called for 
that purpose. 

Section G. The capital stock of this corporation shall Capital stock. 
not exceed two hundi'ed and fifty thousand dollars, except 
that said company may increase its capital stock, subject 
to all general laws applicable to such increase. 

Section 7. For the purpose of providing means for May issue 
the payment or purchase of the outstanding bonds and pay- °" *' ®'°' 
ing the debts, and for the purchase of the capital stock of 
the said Black Rocks and Salisbury Beach Street Railway 
Company, and for purchasing the property, franchises, 
rights, easements, privileges, locations and powers of the 
Black Rocks and Salisbury Beach Street Railway Com- 
pany, the said Haverhill and Amesbury Street Railway 
Company may issue coupon or registered bonds, bearing 
interest not exceeding six per cent, per annum, to an 
amount not exceeding three hundred thousand dollars ; 
and to secure payment thereof with interest thereon, may Maymortgase 
make a mortgage of its road and franchises and any part prop'e'lty" """^ 
of its other property, and may include in such mortgage 
the property acquired from the Black Rocks and Salisluiry 
Beach Street Railway Company, and any property there- 
after to be acquired by the said Haverhill and Amesbury 



194 



Acts, 1892. — Chap. 218. 



Street Railway Company. Said company in such mort- 
o;age may reserve to its directors the right to sell or other- 
wise dispose of property included in such mortgage which 
may become worn, damaged or otherwise unsuitable to be 
used in the operation of its road, provided that an equiva- 
lent in value is substituted in lieu thereof. All bonds so 
issued shall first be approved by some one appointed by 
the corporation for that purpose, who shall certify upon 
such bond that it is properly issued and recorded. 

Section 8. This act shall take eflect upon its passage. 

Approved April 28, 1892. 



(7^ftZ).218 ^^ "^^^ ^^ INCORPORATE THE LOWELL, LAWRENCE AND HAVER- 

HILL STREET RAILWAY COMPANY. 



Lowell, 
Lawrence and 
Haverhill 
Street Railway 
Company 
incorporated. 



Location, con- 
Btruction and 
operation of 
railway, etc. 



Be it enacted, etc., as follows: 

Section 1. Charles W. Morse, George A. Hall, Alex- 
ander B. Bruce, James R. Simpson, Charles E. Adams 
and Jose})h S. Brown, their associates and successors, are 
herel)y made a corporation under the name of the Lowell, 
Lawrence and Haverhill Street Railway Company; with 
all the powers and privileges and subject to all the duties, 
conditions and restrictions set forth in general laws that 
now are or hereafter may be in force relating to street 
railway companies, except as hereinafter provided. 

Section 2. Said company is hereby authorized to 
locate, construct and operate a railway, with single or 
double tracks and with convenient and suitable turn-outs 
and switches, in part upon private land which it may take 
by purchase or otherwise, and over and upon any streets 
or highways, through the easterly part of the town of 
Dracut, and through the town of Methuen and the cities of 
Lawrence and Haverhill, by such route as shall be from 
time to time fixed and determined by the selectmen of the 
respective towns and by the mayor and aldermen of the 
respective cities ; but said route in the town of Dracut 
shall run through the easterly part of said town to a point, 
near Merrimack river, which would be met by the exten- 
sion of First street in the city of Lowell, at the boundary 
line between said city of Lowell and said town of Dracut, 
with riofht to run over the tracks of the Lowell and Sub- 
urban Street Railway Company over private land and 
First street to Bridge street, and over Bridge street to 
Post Office square, at the corner of East Merrimack street : 
provided, however, that if said Lowell and Suburban 



Acts, 1892. — Chap. 218. 195 

Street Railway Companv shall unreasonably neglect to Location, con- 
build upon said route tiom said boundary hue to Uridije operation of 
street, then the Lowell, Lawrence and Haverhill Stre'et '"'"''^''y' *-''"-. 
Railway Company may, by purchase or otherwise, take 
land in said Lowell between said boundary line and First 
street, and locate, construct and operate its road thereon, 
and on First street to Bridge street, subject to the ap- 
proval of the mayor and aldermen of the city of Lowell. 
But nothing in this section contained shall be deemed in 
any way to authorize said Lowell, Lawrence and Haverhill 
Street Railway Company to run its cars over or to use the 
tracks of another street raihvay, unless authority so to do 
shall be given said company and duly approved in the 
manner provided in the general laws relating to street 
railways, now in force or \vhich may hereafter be enacted ; 
and further, any street railway now^ existing or that here- 
after may be incorporated may in like manner be author- 
ized and empowered to run its cars over and to use an}'^ 
portion of the tracks of said Lowell, Lawrence and 
Haverhill Street Railway Company, whether the same be 
upon public highways or over and upon private land 
acquired by said company as hereinbefore provided, in 
the same manner and upon the same conditions as though 
such tracks were entirely located in and upon public 
streets and highways, and in no part over private land. 

Section 3. Said company may maintain and operate May operate 
said railway by any approved motive power other than motTv^e^powar 
steam ; and, with the consent of the mayor and aldermen gtea^mletc. 
of the city of Lowell, the city of Lawrence and the city of 
Haverhill, and the selectmen of the towns of Dracut and 
Methuen, may make such underground alterations of the 
streets and highways, and may erect poles and wires, and 
may erect and maintain poles and wires on private lands 
taken, as may be necessary to establish and maintain such 
motive power. It may acquire, by purchase or by lease, 
all necessary real estate for its power stations and other 
uses incidental to the proper maintenance of its railway. 
The proceedings for the fixing of the route, location and Propeedings 

I c5 _ O ' _ subject to cer- 

construction of said railway over all of the route lying tain provisions 

'J . ... ~ of law. 

outside of the streets and public highways of said cities 
and towns, and for the taking of private property there- 
for, shall be similar to those prescribed by general law in 
relation to railroads, except as herein otherwise stated. 
And all persons and corporations sustaining damage in Damages. 



196 



Acts, 1892. — Chap. 218. 



Location out- 
side of streets. 



Lands may be 
used, laid out, 
etc., as a street. 



their property by the taking of land for the location or 
construction of such railway shall have the same remedies 
therefor as are provided in chapter one hundred and twelve 
of the Public Statutes, or any amendment thereto, for 
persons damaged by railroad corporations. 

Section 4. The location of said railway outside of 
public streets and highways shall not exceed sixty feet in 
width. 

Section 5. The owners of lands in the city of Lowell, 
between Bridge street and the boundary line of the town 
of Dracut, upon which any part of said railway shall be 
constructed or located, shall have the right to use such 
lands within the location as and for a street and all the 
purposes of a highway, in common with said corporation, 
and the same may be laid out or accepted as a street or 
highway as public streets or highways may be laid out 
or accepted over other lands in the city of Lowell. And 
in the event of such laying out or acceptance, the laws 
relating to street railways and the maintenance thereof 
within public streets and highways shall apply to such part 
of said railway as shall be constructed or located within 
any such street or highway. 

Section 6. The capital stock of said corporation shall 
be four hundred thousand dolhirs, but it may be increased 
in accordance with the general law applicable to street 
railways ; and in all other matters not herein otherwise 
provided the general law controlling said corporation shall 
be that governing street railways as far as applicable. 

Section 7. Said corporation may from time to time, 
road, franchise"^ by the votc of tlic majority in interest of its stockholders, 
issue coupon or registered bonds to an amount not exceed- 
ing four hundred thousand dollars, for a term not exceed- 
ing twenty years from the date thereof: provided, 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 aniomit of such issue. To secure payment of such 
bonds with interest thereon the said corporation may 
make a mortgage of its road and franchise and any part 
of its other property, and may include in such mortgage 
property thereatter to be acquired, and may therein re- 
serve 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 



Capital stock. 



May issue 
bonds, mortgage 



Acts, 1892. — Ceiaps. 219, 220. 197 

in value he substituted therefor. And bonds issued shall ^e"rtuied'a8° 
lirst be approved by some person appointed by.the corpo- properly issued. 
ration for that purpose, who shall certify upon each bond 
that it is properly issued and recorded. 

Sectiox 8. If the provisions of this act shall not be Proviaions to be 
accepted b}' said company, and if said company shall not ^"' "" *^^^' '^''^• 
build and put in operation some portion of its road in 
either of said cities or towns within eiofhteen months after 
the passage of this act, then this act shall be void and all 
corporate powers thereunder cease ; and any portion of 
said road that is not completed by the building of at least 
a single line of track within three years from the passage 
of this act, to that portion said company shall be deemed 
to have waived its rights, and said rights therein shall 
thereupon be forfeited and terminated. 

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

Ajjproved A^jril 29, 1892. 

An Act to authorize the town of melrose to refund a for- nj^fiYt 210 

TION OF its town HALL BONDS. ^ 

Be it enacted, etc., as follows: 

Section 1. The town of Melrose is hereby authorized May refund a 

. . ^ portion of Its 

to issue l)onds, notes or scrip to an amount not exceeding town haii bonds. 
forty-live thousand dollars, for the purpose of refunding 
an equal amount of its town hall bonds, falling due in 
the month of October in the year eighteen hundred and 
ninety-two. Such bonds, notes or scrip 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 countersigned by 
the selectmen of the town. Said town may sell such 
securities at public or private sale, but none of said 
bonds, notes or scrip shall be issued or sold except in 
compliance with a vote of the town. 

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

Approved April 29, 1892. 



0/^029.220 



An Act to incorporate the people's street railway company. 

Be it enacted, etc., as follows: 

Section 1. Fred S. Carr, Benjamin F. Sherburne, Peopie-s street 
Thomas Smith, Albert Smith, George Gilman, Otis G. panS^o-' 
Chase and Francis W. Noyes, their associates and succes- '■'*'^'^- 
sors, are hereby made a corporation under the name of 



198 



Acts, 1892. — Chap. 220. 



Location, cod- 
striictioD, and 
operation of 
railway. 



Motive power, 
etc. 



Capital stock 
and eliares. 



May issue bonds 
and mortgage 
its road and 
francliise. 



the People's Street Railway Company ; with all the powers 
and privileges and subject to all the duties and liabilities 
set forth in all general laws that now are or hereafter may 
be in force relating to street railway companies, except as 
hereinafter provided. 

Section 2. Said company is hereby authorized to con- 
struct, maintain and operate a street railway, with single 
or double tracks and with convenient and suitable turn- 
outs and switches, upon and over such streets and high- 
ways in the town of West Newbury and the city of 
Newburyport, between the present terminus of the rail- 
way of the Haverhill and Groveland Street Railwa}^ 
Company in West Newbury and the present terminus of 
the High street division, so-called, of the railway of the 
Newburyport and Amesbury Horse Railroad Company in 
Newl)uryport, as shall be approved and agreed to by the 
selectmen of West Newbury and the mayor and aldermen 
of Newburyport. 

Section '6. The company hereby incorporated is 
hereby authorized to operate its railway with horses, 
electricity, or any motive power which said selectmen or 
mayor and aldermen may from time to time permit, and 
may, with the consent of said selectmen or mayor and 
aldermen, make such underground alterations of the 
streets and highways and erect such poles and wires as 
may be necessary to establish and maintain any system of 
electric motive power which it may at any time adopt. 

Section 4. The capital stock of said company shall 
not exceed one hundred thousand dollars, except that said 
company may increase its capital stock subject to all gen- 
eral laws applicable to such increase, and its capital stock 
may, for the number of miles of its railway between the 
termini mentioned in section two of this act, be not less 
than twenty-five hundred dollars per mile ; but for any 
extension beyond either of said termini its capital shall be 
not less than the amount per mile required ])y the general 
laws relating to street railways. The par value of its 
shares shall be one hundred dollars. 

Section 5. Said company may from time to time, by 
the vote of the majority in interest of its stockholders, 
issue coupon or registered bonds to an amount not exceed- 
ing the amount of its capital stock actually subscribed for 
and paid in, for a term not exceeding thirty years from the 
date thereof; and to secure payment thereof with interest 



Bonds to be 
certified as 



Acts, 1892. — Chaps. 221, 222. 199 

thereon the said company may make a mortgage of its 
road and franchise and any part of its other property, and 
may inchide in such mortgage property thereafter to l)e 
acquired. Said company may in such mortgage reserve to 
its directors the riijht to sell or in due course of business 
otherwise dispose of property included in such mortgage 
which may become worn, damaged or otherwise unsuitable 
to be used in the operation of its road, provided that an 
equivalent in value shall be substituted in lieu thereof. 

Sectiox 6. All bonds issued shall first be approved 
by some person appointed by the corporation for that pur- p'operiy issued. 
pose, who shall certify upon each bond that it is properly 
issued and recorded. 

Sectiox 7. The town of West Newbury is hereby west Newbury 
authorized to subscribe for and hold shares in the capital not exceeding 
stock of said company to an amount not exceeding ten *^*^''^*^*^- 
thousand dollars, as said town may vote : provided, that 
two thirds of the legal voters of said town who may be 
present and voting thereon shall vote so to do at any legal 
meeting called for that purpose by the selectmen. 

Section 8. Said company may purchase or lease at Purchase, lease 
any time any portion of the tracks or plant of any other way's, etc. 
street railway with which it may connect, and may at any 
time sell or lease its railway or any portion thereof or of 
its plant. 

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

Approved April 29, 1892. 

An Act to authorize fire district number one of south 
hadley to make an additional water loan. 

Beit enacted, etc., as follows: 

Sectiox 1. Fire District Number One in the town of ^^|^y^™a^e an 
South Hadley is hereby authorized to borrow five thousand water loan. 
dollars, in addition to the thirty thousand dollars provided 
for by section three of chapter forty-six of the acts of the 
year eighteen hundred and ninety-two, for the purposes 
and in the manner therein specified. 

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

Ap2->roved Ajml 29, 1892. 
An Act to change the name of the south adams fire district nhn'n 2'?2 

IN ADAMS AND TO ENABLE IT TO REFUND ITS INDEBTEDNESS. 

Be it enacted, etc., as follows : 

Sectiox 1. The name of the South Adams Fire Dis- Name changed 
trict in Adams is hereby changed, and said district shall Di^ric"^^^"^* 



Chap.22l 



200 Acts, 1892. — Chap. 223. 

hereafter be known as the Adams Fire District ; and under 
and by said name said district may sue and be sued in any 
contract or ol^ligation made or incurred prior to the pas- 
sage of this act. 
DiltrTct Water SECTION 2. The sald Adams Fire District is hereby 
feedViiawo*.^ authorized and empowered to refund its present funded 
indebtedness ; and for that purpose the town of Adams, at 
any meeting duly warned and holden for that purpose, 
may vote to issue its notes, bonds, scrip or certificates of 
debt to an amount not exceeding one hundred and fifteen 
thousand dollars, the same to be denominated on the face 
thereof, Adams Fire District Water Scrip, and bearing 
such rate of interest not exceeding six per centum per 
annum as said meeting shall determine ; said interest shall 
be payable semi-annually and the principal shall be pay- 
able at periods not exceeding twenty years from the date 
of issue. All notes, bonds, scrip or certificates of debt 
issued as aforesaid shall be signed by the treasurer and 
countersigned by the selectmen, and a record of all such 
notes, bonds, scrip or certificates of debt shall be made 
Town may loan and kept bv Said treasurer. The town of Adams may loan 

the bonds, etc., •iii • • -• .tii 

to the lire Said uotcs, bouds, scrip or certificates ot debt to the 

isuL.cc. Adams Fire District, upon such terms and conditions as 

may be by said town prescribed ; and the said district 

may sell the same or any part thereof for the purposes 

aforesaid. 

Assessment and SECTION 3. The towu of Adams may assess and collect 

[axeTfcTAhe upon the cstatcs, real and personal, in said fire district all 

bondi!"e'tc.* taxcs ueccssary to pay the principal and interest of the 

notes, bonds, scrip or certificates issued and loaned to 

said fire district as aforesaid. Approved April 29, 1892. 



ChctP.2i23 ^^ ^^^ "^^ AUTHORIZE THE MASSACHUSETTS BAPTIST CHARITABLE 
SOCIETY TO RECEIVE AND HOLD THE PKOPEKTT NOW HELD BY 
THE LAMSON HOME. 

Be it enacted, etc., as foUoivs : 

Ktwt^cha"^ Section 1. The Massachusetts Baptist Charitable 
table Society Socicty is authoi izcd and empowered to receive and hold 

may hold the , ^ iiii,it tt iji 

i.roperty of the thc property HOW field by the Lamson Home, under the 

amso.n Home. ^^j|j ^^ EHza G. Lauisou, late of Gloucester, which will 

w^as duly proved and allowed by the probate court for 

the county of Essex, on the fifth day of January in the 

year eighteen hundred and eighty-five, upon such trusts 



Acts, 1892. — Chaps. 224, 225. 201 

and conditions as may be decreed by the supreme judicial 
court. 

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

Approved April 29, 1892. 



Cha2).224: 



An Act to provide for recodntino ballots cast in towns 
UPON the question of granting licenses for the sale of 

INTOXICATING LIQUORS. 

Be it enacted, etc. , as follows : 

If within two days next followinof the day on which Recount of 

- .. T^i ipi • ballots in towns 

declaration is made ot the result ot the count ot ballots upon question 
cast in a town upon the question of granting licenses for ncfnsos'fjfr sale 
the sale of intoxicating liquors, ten or more qualitied HquM^s!"""^'"^ 
voters in such town shall file with the town clerk a written 
statement that they have reason to believe that an error 
was made in ascertaining or declaring the result of the 
count of the ballots cast upon said question, the clerk 
shall forthwith transmit such statement to the moderator. 
The moderator shall thereupon, and within three days 
following the day on which such declaration was made, 
publicly^ recount said ballots and declare the result. If 
the recount does not agree w^th the original count, the 
moderator shall forthwith hie a certificate, signed by him, 
of the result of such recount, with the town clerk, who 
shall record the same in his book of records of town meet- 
ings, directly following his record of the meeting at which 
said ballots Avere cast : and the record of the recount shall 
stand as the true result of the vote cast in such town upon 
said question. Ajrproved April 29, 1892. 



Chaj).225 



An Act to authorize the town of melrose to refund a 

PORTION of its water FUND BONDS. 

Be it enacted, etc. , as follows : 

Section 1. The towm of Melrose is hereby authorized May refund a 
to issue bonds, notes or scrip to an amount not exceeding w°te'r deV * 
thirty-seven thousand dollars, for the purpose of refunding ^°"'**" 
an equal amount of its water fund bonds, falling due in 
the month of October in the year eighteen hundred and 
ninety-two. Such bonds, notes or scrip 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 percent, per annum, 
and shall be signed by the treasurer and countersigned by 
the water commissioners of the town. Said town may sell 



202 



Acts, 1892. — Chap. 226. 



Further Inter- 
ments, etc., in 
old cemetery 
prohibited. 



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 eflect upon its passage. 

Approved April 29, 1892. 

Ch(ip.22iG A.N Act to authorize the wellesley congregational church 

TO REMOVE BODIES FROM A PORTION OF ITS OLD CEMETERY AND 
DEVOTE THE LAND TO THE USE OF THE CHURCH. 

Be it enacted, etc., as follows: 

Section 1. The further use of a portion of what is 
known as the old cemetery, adjoining the Wellesley Con- 
gregational church building in the town of Wellesley, 
namely : that portion bounded as follows, — commencing 
at the southeast corner of the cemetery at land of the 
church on Church street, as the fence now stands ; thence 
running westerly on said Church street, about seventy-four 
feet to the westerly side of the first driveway ; thence 
northerly on said driveway about seventy-nine feet ; 
thence easterly and running about eighty-seven feet to a 
point on land occupied by said church building, one hun- 
dred feet from the point of beginning ; thence southerly 
along the line of said last named land to the point of 
beginning on Church street, or of the tombs thereon, — 
for interment or the temporary deposit of the dead, is 
hereby prohibited. 

Sectio.v 2. The time and manner of removing the 
remains therein, and the place to which they shall be 
taken, shall be determined by a mutual agreement be- 
tween the Wellesley Congregational church and the 
known representatives of those who may have been buried 
there. The cost of removal, including the purchase of 
such lots as may be needed for the reception of said 
remains, shall be borne by said church. 

Section 3. Any or all of that portion of the land in 
said old cemetery of Wellesley described in section one 
of this act shall be devoted to such uses and purposes as 
the said church may elect. 

Section 4. Any funds now held by said church, given 
or now used for cemetery purposes, may be used for re- 
moving bodies as aforesaid, providing a place therefor, 
and improving the same. 

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

Approved April 29, 1892. 



Reranviil of 
remains, pur- 
chase of lots, 
etc. 



Land in old 
cemetery to be 
pubject to use 
by the church. 



Funds now 
held may be 
used for 
removal of 
bodies, etc. 



Acts, 1892. — Chaps. 227, 228. 203 

An Act to authorize the edison electric illuminating com- (J]iap.'2i'21 

PANT OF BOSTON TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows: 

Sectiox 1. The Edison Electric Illuminating Com- May increase 
pany of Boston, a corporation organized under the general *^'*^" " * '^ • 
laws of the Commonwealth, is hereby authorized to increase 
its capital stock in the manner provided by law, at such 
times and in such amounts as it may from time to time 
determine ; provided, that the whole amount of the capital Pi^o^iso. 
stock of said Edison Electric Illuminating Company of 
Boston shall not exceed five million dollars, said capital 
stock to be issued subject to the provisions of the general 
laws regarding the issue and payment of capital stock of 
such corporations; and provided, fur thei\ that the capital Proviso. 
stock in excess of three million dollars shall only be issued 
at such times and in such amounts as shall have been 
previously authorized l)y the board of gas and electric 
light commissioners, upon petition of said company and 
hearing on the same, and after an examination of the 
assets and liabilities of the company ; a certificate showing 
the amount of such increase so authorized by said board 
shall be forthwith filed in the office of the secretary of the 
Commonwealth. 

Section 2. This act shall take e'ffect upon its passage. 

Ajjproved A])ril 29, 1892. 

An Act relating to crossings of railroads, street railways, fij^^^ 090 

HIGH WATS AND OTHER WAYS. "^* ^ 

Be it enacted, etc., as follows : 

In any case in which the consent or approval of the Railroad cross- 
board of railroad commissioners now is or hereafter may gublectto 
be required by law for the crossing of a railroad by [mpos'e'd'by^'"" 
another railroad, street railway, highway or other way, 
or for the crossing of a highway or other way by a rail- 
road or street railway, or ff)r any other crossing of or by 
a railroad, street railway, highway or other way, at grade, 
the said board after due notice and a hearing of the 
parties interested may, in case its consent or approval 
is given, impose such conditions, limitations, restrictions 
and regulations in respect to such crossing and the man- 
ner and use thereof, and may from time to time so change 
and modify the same, as, having primary regard to the 
pul)lic safety and convenience, said board may deem to be 
reasonable and necessary. Approved April 29, 1892. 



railroad com- 
missioners. 



204 



Acts, 1892. — Chaps. 229, 230. 



Ok(lp.229 An Act relating to the commitment of insane persons. 
Be it enacted, etc., as follows: 



p. 8. 87, § 13. 
amended. 



Certificate of 
physicians for 
commitment of 
insane persons. 



Section thirteen of chapter eighty-seven of the Public 
Statutes is hereby amended by striking out the words 
" is a graduate of some legally organized medical college, 
and has practised three years in the state, and neither of 
whom is ", in the third, fourth and fifth lines of said sec- 
tion, and inserting in place thereof the words: — shall 
make oath that he is a graduate of a legally organized 
medical college, that he has practised three 3'ears in the 
state, and that he is not, — so as to read as follows : — 
Section 13. No person shall be so committed, unless in 
addition to the oral testimony, there has been filed with 
the judge a certificate signed by two physicians, each of 
whom shall make oath that he is a graduate of a legally 
organized medical college, that he has practised three years 
in the state, and that he is not connected with any hospital 
or other establishment for treatment of the insane. Each 
must have personally examined the person alleged to be 
insane within five days of signing the certificate ; and 
each shall certify that in his opinion said person is insane 
and a ])roper subject for treatment in an insane hospital, 
and shall specify the facts on which his opinion is founded. 
A copy of the certificate, attested by the judge, shall be 
delivered by the officer or other pei'son making the com- 
mitment, to the superintendeilt of the hospital or other 
place of commitment, and shall be filed and kept with the 
order. Ai^proved April 29, 1892. 



Chap 



Adiiitional 
clerical assist- 
ance. 



.230 An Act relating to clerical assistance in the office of 
the register of probate and iNSOLVENcr FOR the county 

OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The register of probate and insolvency 
for the county of Suffolk shall be allowed, in addition to 
the amount now allowed by law, a sum not exceeding 
twenty-five hundred dollars per annum for clerical assist- 
ance actually performed, to be paid from the treasury of 
the county of Suffolk upon the official certificate of said 
register countersigned by the judge of probate and insol- 
vency for said county. 



Acts, 1892.— Chaps. 231, 232, 233. 205 

Section 2. Chapter four hundred and eighteen of the Repeal of issg, 
acts of the year eighteen hundred and eighty-nine is 
hereby repealed. 

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

Approved April 29^ 1S92. 

An Act to reduce witness fees and other costs where two (JJinrt 231 

OR MORE CASES ARE TRIED TOGETHER. 

Be it enacted, etc., asJoUotvs: 

In all cases where two or more cases are tried at the Reduction of 

. .1 .-,.., . ■,. witueBS fees, 

same time, m the supreme judicial, superior, or any police, etc, m certain 
municipal or district court, the presiding judge shall have ''^^^^' 
power to reduce, in his discretion, the witness fees and 
other costs : provided, not less than the ordinary witness 
fees and other costs recoverable in one of the said cases 
tried shall be allowed. Approved Ap)ril 29, 1892. 

An Act to permit the foxborough water supply district to nj^ffj^ OQ9 

SUPPLY water to RESIDENTS OF FOXBOROUGH OUTSIDE THE "^ 

DISTRICT. 

Be it enacted, etc., asfoUoivs: 

Section 1. The water commissioners of the Fox- Rei-idents of 
borough Water Supply District may extend water supply nvftig^omfide of 
pipes or mains, and furnish and sell water to residents or be^'suppMed'"*^ 
inhabitants of the town of Foxborough living outside of with water. 
the Foxborough AVater Supply District, on such terms 
and conditions as are made with water takers within the 
district, in addition to the payment of the cost of such 
pipes and laying of same, so extended beyond the limits 
of the Foxborough Water Supply District, by residents 
or inhabitants so supplied. 

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

Approved Aiml 29, 1892. 

An Act to establish the salary of the first assistant dis- 
trict ATTORNEY FOR THE SUFFOLK DISTRICT. 

Be it enacted, etc. , as follows : 

Section 1. The salary of the first assistant district fj^jf// ®^'*^' 
attorney for the Suffolk district shall be thirty- three hun- 
dred dollars a year, and at the same rate for any part of 
a year. 

Section 2. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

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

Approved April 29, 1892. 



Chaj).233 



206 



Acts, 1892. — Chaps. 234, 235, 236. 



C'Att».234 ^^ ^^T '^^ INCREASE THE BOUNTY FOR THE DESTRUCTION OF 

SEALS. 

Be it enacted^ etc. , as follows : 

Section one of chapter two hundred and eighty-seven of 
the acts of tiie year eighteen hundred and eighty-eight is 
amended by striking out, in the ninth line of said section, 
the words "one dollar", and inserting in place thereof 
the words : — three dollars, — so as to read as foH'ows : — 
Section 1. Any person who shall kill any seal within the 
limits of this Commonwealth, and shall under oath pro- 
duce satisfactory evidence thereof, together with the tail 
of the seal killed, to the clerk of the city or town within 
whose limits the seal was killed, shall receive from the 
clerk of such city or tow^n a certificate thereof stating the 
fact, and upon filing the said certificate with the city or 
town treasurer such person shall be paid out of the treas- 
ury of such city or town the sum of three dollars for each 
and every seal so killed. Ajoproved April 29, 1892. 



1888, 287, § 1, 
amended. 



Bounty for the 
destruction of 



Ch(ip.235 An Act RELATING TO VOTING AT MEETINGS OF THE PROPRIETORS 
OF THE CROMBIE STREET CIIUKCH IN SALEM. 



Proprietors of 
pews, etc., 
allowed to 
vote. 



Repeal of 1833, 
48, § 3. 



Be it enacted, etc. , as follows : 

Section 1. At meetings of the Proprietors of the 
Crombie Street Church in Salem, the proprietors of pews 
in such church and such other persons as may be admitted 
under the by-laws of the corporation shall be allowed to 
vote. 

Section 2. Section three of chapter forty-eight of 
the acts of the year eighteen hundred and thirty-three is 
hereby repealed. 

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

Approved April 29, 1892. 



CA«i?.236 



1892, 61, § 6, 
amended. 



An Act to amend an act to supply the town of orange 
with water, 

Be it enacted, etc. , as follows : 

Section 1. Section six of chapter sixty-one of the 
acts of the 3'^ear eighteen hundred and ninety-two is 
hereby amended by striking out, in the third line thereof, 
after the word " in ", the following words "such annual 
proportionate payments as will ", and inserting in place 
thereof the words : — annual payments of such amounts 



Acts, 1892. — Chats. 237, 238. 207 

as will in the aggregate, — so as to read as follows: — 

Secfion 6. The said town instead of establishin"; a sink- May provide for 

,> 1 i ji J- /• ji • • • 1 /' payment of loan 

ing tund may, at the tnne ot authorizmg said loan, pro- in annual pay. 
vide for the payment thereof in annual payments of such '^**°'®- 
amounts as will in the agijregate extinguish the same 
withm 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 2. This act shall take efiect upon its passage. 

Ap2)roved April 29, 1892. 

An Act to authorize the north adams fire district to bor- f^T^Qr^ OQ7 

ROW MONEY IN ANTICIPATION OF THE TAXES OF THE TEAR IN ^ ' 

WHICH ITS DEBTS ARE INCURRED, 

Be it enacted, etc., asfolloius: 

The North Adams Fire District may by ordinary vote May borrow 
incur debts for temporary loans in anticipation of the "n'tldpauon of 
taxes of the year in which such debts are incurred and '"^^s, etc. 
expressly made payable therefrom by vote of the said 
fire district. Approved April 29, 1892. 

An Act relative to appointments on the staff of the com- HJiftj) 2*^8 

MANDER IN CHIEF. ^ 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter four hundred isst, 411, §11, 
and eleven of the acts of the year eighteen hundred and 
eighty-seven is hereby amended by adding, at the end 
thereof, the following words : — ^'o person shall be eligi- 
ble to appointment on the staff of the commander in chief 
who has not been in the service of the militia of this Com- 
monwealth for at least one year, or been in the military 
or naval service of the United States, excepting the judge 
advocate general and the four aides-de-camp, — so that 
said section as amended shall read as follows: — /Section 
11. The staif of the commander in chief shall consist of staff of the 
an adjutant general, with the rank of major general, who chi^™^°^"^° 
shall be ex officio chief of stafT; an inspector general, a 
quartermaster general, a commissary general, a surgeon 
general and a judge advocate general, each with the rank 



208 



Acts, 1892. — Chap. 239. 



Persons eligible 
to appointment. 



of brigadier general, who shall take precedence in the 
Older named ; and four aides-de-camp, each with the rank 
of colonel ; and such additional officers of the staff as the 
public service may require, with such rank as the com- 
mander in chief may designate. They shall be commis- 
sioned and hold office until their successors are appointed 
and qualified, but may be removed at any time by the 
commander in chief. In times of peace, unless otherwise 
directed by the commander in chief, the adjutant general 
shall be inspector general, quartermaster general, com- 
missary general and chief of ordnance. No person shall 
be eligible to appointment on the staft' of the commander 
in chief who has not been in the service of the militia of 
this Commonwealth for at least one year, or been in the 
military or naval service of the United States, excepting 
the judge advocate general and the four aides-de-camp. 
Section 2. This act shall take effect upon its passage. 

Approved May 2, 1892. 



Chan 239 ^^ ^^^ ^^ authorize th 



E CITY OF BROCKTON TO ALTER AND 
WIDEN WEST STREET IN SAID CITY. 



City of Brock- 
ton may widen 
West street, 
etc. 



Damages and 
betterments. 



Subject to ac- 
ceptance by a 
majority vote. 



Be it enacted, etc., as follows: 

Section 1. The city council of the city of Brockton 
may alter and widen West street within its limits, from 
Pleasant to Belmont street, to such width as they shall 
deem for the common benefit of the inhabitants of said 
city, and may complete the same with walks, drives, 
trees and such other improvements as in their opinion 
shall be for the general benefit of said inhabitants ; the 
land and property taken for such widening or alteration 
shall be paid for by the city, and the estates receiving 
benefit and advantage beyond the general advantage to 
all real estate in the city may be assessed therefor, under 
the provisions of chapter fifty-one of the Public Statutes ; 
the widening and alteration of said West street and the 
grading of the same to be made in the same manner as is 
prescribed for the laying out, alteration and grading of 
public ways in said city. 

Section 2. This act shall be submitted to the qualified 
voters of the city of Brockton for acceptance at the next 
annual municipal election held therein, and the affirmative 
vote of a majority of the voters present and voting thereon 
shall be required for its acceptance. 



Acts, 1892. — Chaps. 240, 241. 209 

Section 3. So much of this act as authorizes the sub- when to take 
mission of the question of its acceptance to the voters of *" 
said city shall take effect upon its passage, but it shall not 
further take effect unless accepted b}- the voters of said 
city as herein provided. Ajyproved May 2, 1892. 



An Act to authorize the town of nantucket to elect a 
board of sewer commissioners. 



ChapMO 



sewer commia- 
sioaers. 



Be it enacted, etc., asfolloios: 

Section 1. The town of Nantucket is authorized to Town of Nan- 
elect by ballot at an annual town meeting, or at any spe- a^boaW'^"* 
cial meeting of said town called for the purpose, a board 
of sewer commissioners, to consist of three persons ; one 
person so elected shall hold his office until the annual 
meeting of said town occurring next after his election, one 
for the term of one year and one for the term of two years 
from the date of the last named annual meetino; or until 
their successors are elected ; and at each annual town meet- 
ing thereafter said town shall elect one member of said 
board to serve for three years or until his successor is 
elected. Said board, in all matters concerning drains and ^°^^^^^^^ 
sewers, shall have the same powers and be subject to the 
duties, liabilities and penalties of selectmen and road 
commissioners. 

Section 2. Debts incurred by the town of Nantucket Debts incurred 

, . A i' • J • • 1 for eewers, etc., 

m laying, constructing or maintaining sewers, and a sys- to be payable 
tem of sewage purification and disposal, and in purchas- years? '^'"^ 
ing or taking land therefor, shall be payable within a 
period not exceeding thirty years, but in all other respects 
shall be subject to the existing provisions of law as to 
town indebtedness. 

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

Approved May 2, 1892. 



An Act to provide for the preservation of the public r^jj^^ oj^i 

HEALTH IN THE TOWN OF NANTUCKET. ^ 

Be it enacted, etc., as follows : 

Section 1. The board of selectmen of the town of ^?y t^ke cer. 
Nantucket may, for the purpose of abating a nuisance and preservation of 
preserving the public health in said town, acquire by pur- Ltuh?'"' 
chase or take in the name and behalf of said town, a 



210 



Acts, 1892. — Chap. 211. 



To file in the 
registry of 
deeds a de- 
scription of the 
land taken, etc. 



Settlement of 



May fill land 
and flats taken. 



Subject to ac- 
ceptance by a 
majority vole. 



certain tract or parcel of land and flats situate therein, 
1)ounded north by the steam])oat wharf, east by land of 
the Nantucket Railroad Company, south by the Old North 
wharf, so-called, and west by South Water street ; or such 
portion or portions thereof as the said board may from 
time to time deem necessary for said purposes. 

Section 2. The said board of selectmen shall file from 
time to time in the registry of deeds for the county of 
Nantucket, and cause to be recorded therein, a description 
of any lands or flats taken as aforesaid, as certain as is 
required in an ordinary conveyance of land, with a state- 
ment signed by said board or a majority thereof that the 
same are taken in the name and behalf of said town, under 
the provisions of this act ; and the act and time of the fil- 
ing thereof shall be deemed to be the act and time of the 
taking of such lands or flats, and to be sufficient notice to 
all persons that the same have been so taken. The title 
to all lands and flats so taken shall vest absolutely in said 
town and its assigns forever. 

Section 3. The said board of selectmen shall have full 
po^ver to settle, by agreement or arbitration, the amount 
of damages sustained by any person in his property by 
reason of the taking of any lands or flats as aforesaid ; and 
if not so settled the same may be assessed by a jury at the 
bar of the superior court for the county of Bristol, upon 
petition to be filed by such person at any time within one 
year after such taking, and not afterwards. The provi- 
sions of sections sixty-five, sixty-six and seventy-six of 
chapter one hundred and sixty-seven of the Public Stat- 
utes shall apply to any such proceeding. 

Section 4. The said town may from time to time fill 
with suitable material and otherwise improve any lands 
and flats acquired or taken as aforesaid, or any portion 
thereof, and shall abate any nuisance existing thereon, and 
may at any time thereafter sell and convey or otherwise 
dispose of the same or any portion thereof; but all Hlling 
and other work done upon any lands flowed by tide water 
shall be subject to the provisions of chapter nineteen of 
the Public Statutes. 

Section 5. This act shall take effect upon its accept- 
ance by a majority of the legal voters of said town present 
and voting thereon at a town meeting duly called for that 
purpose within three years after its passage. 

Approved May 2, 1892. 



Acts, 1892. — Chaps. 242, 243, 244. 211 



An Act in kelation to assistant probation officers for the njiny) 242 

MUNICIPAL COURT OF THE CITY OF BOSTON. 

Be it enacted^ etc., as foUoivs : 

Section one of chapter three hundred and fifty-six of amended ^^' 
the acts of the year eighteen hundred and ninety-one is 
hereby amended by striking out the word "three", in 
the seventh line of said section, and inserting in phice 
thereof the word: — five, — so as to read as follows: — 
/Section 1. The justice of each municipal, police or dis- Appointment of 
trict court shall appoint one person to perform the duties cers auTassist. 
of probation ofiicer, as hereinafter named, under the juris- ''^°'®' 
diction of said court. The appointment of such officer for 
the inunici})al court of the city of Boston shall be made 
by the chief justice of said court, who may appoint as 
many assistants, not exceeding five, 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. Approved May 4, 1892. 



Cha2).24:3 



An Act authorizing the reimbursement of expenses incurred 

BY certain towns IN THE MAINTENANCE OF THE INSANE. 

Be it enacted, etc., as follows: 

Whenever it shall be made to appear to the governor Reimbursement 
and council that a town of this Commonwealth having a for^mitnteMnce 
taxable valuation of less than five hundred thousand dol- of ti^e insane. 
lars, in the valuation of polls and estates established by 
the general court, is lawfully charged with the mainte- 
nance, at one of the state lunatic hospitals or asylums, of 
an insane person, by reason of such person having a legal 
settlement in such town, the expense hereafter incurred 
for such maintenance may be reimbursed such town in 
whole or in part from the state treasury. 

Approved May 4, 1892. 

An Act to confirm the proceedings of a meeting op the f^Jjfyj^ 944 

TOWN OF STOUGHTON. -^ 

Be it enacted, etc., as follows: 

Section 1. The vote of the town of Stoughton at a proceedings at 
town meeting held on the twenty-fourth day of March in conftrSed*.'"^ 
the year eighteen hundred and ninety-two, to purchase 
the franchise, corporate property and all the rights, 



212 



Acts, 1892. — Chap. 245. 



powers and privileges of the Stoughton Water Company, 
is hereby ratified, confirmed and made valid, notwith- 
standing any defect in the warning of said meeting in the 



designation of the act 



grantmo; 



the right to make such 



purchase ; and the proceedings of said meeting shall not 
be invalid by reason of any such defect. 

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

Approved May 4, 1892. 



(JJiap.'2i4:5 An Act to give greater powers to cities and towns jn 

RELATION TO THE CONSTRUCTION OF SEWERS. 



Certain cities 
and towns may 
fix annual 
charges for 
entering a sewer 
into the com- 
mon sewer. 



Application of 
money so 
received. 



Assessment 
upon real estate 
for cost, ex- 
penses, etc. 



Time of pay- 
ment of assess- 
ments upon cer- 
tain estates. 



Be it enacted, etc., as follows : 

Section 1. The city council of any city except Boston, 
or a town, in which common sewers are laid under the 
provisions of sections one, two and three of chapter fifty 
of the Public Statutes, or a system of sewerage is adopted 
under the provisions of section seven of said chapter, may 
by vote establish just and equitable annual charges or rents 
for the use of such sewers, to be paid by every person 
who enters his particular sewer into the common sewer, 
and may change the same from time to time. Such 
charges shall constitute a lien upon the real estate using 
such common sewer, to be collected in the same manner 
as taxes u[)on real estate, or in an action of contract in 
the name of such city or town. Sums of money so re- 
ceived may be applied to the payment of the cost of main- 
tenance and repairs of such sewers or of any debt contracted 
for sewer purposes. 

Section 2. Any city or town which is entitled to 
assess upon real estate the whole or a part of the cost of 
laying, making, maintaining or repairing common sewers, 
under sections four, seven or eight of chapter fifty of the 
Public Statutes, or under any special act, or under section 
one of this act, may, in cities by vote of the city council, 
and in towns by vote of the legal voters thereof at a meet- 
ing duly called, determine that such assessments shall be 
made by two or more of the methods provided in said 
sections or special acts, and may determine what part of 
the expense or estimated average cost shall be paid by 
each of the said methods. 

Section 3. In any city or town in which common 
sewers have been laid, and a part of the expense thereof 
has been assessed upon the real estate benefited thereby, 



Acts, 1892. — Chap. 245. 213 

the mayor and aldermen or selectmen, or the board whose 

duty it is to make such assessments, may extend the time 

of payment of assessments upon estates not built upon, 

when requested by the owner, until built upon or for a 

fixed time : provided, that interest at a rate not less than Proviso. 

said city or town pays upon any loan for sewer purposes 

be paid anniuUly upon the assessment from the time it was 

made ; and in such case the assessment shall be paid within 

three months after such estate is built upon or after the 

expiration of such fixed time. If any assessment is invalid 

by reason of error or otherwise the same may be abated or 

reassessed. The ow^ners of estates or parts of estates not Use of sewers 

liable to assessment, or not in fact assessed, may use the estates not 

c i\ J' 1 i? J.^ • c ■ ^ assessed. 

common sewers tor the disposal ot their sewage trom said 
estates or parts of estates, on paying such reasonable sum 
as the mayor and aldermen, selectmen or board havino; 
control of the sewers shall determine, but not otherwise. 

Section 4. The mayor and aldermen of any city and ^nd mTiDti°° 
the selectmen of any town in which common sewers have nance of partic- 

, ^ • -\ 11 1 • i • 1 • 1 ular sewers, etc. 

been laid, may lay, make and maintain particular sewers 
from common sewers to the street line, and particular 
sewers so laid shall be the property of the city or town. 
The owner of any estate benefited by such particular sewer 
shall pay to the city or town towards the cost thereof, and 
for the permanent privilege of using the same, such rea- 
sonable sum as the mayor and aldermen or selectmen may 
determine ; and said sum may be fixed at the estimated 
average cost of all such particular sewers within the terri- 
tory for which a system of sewers has been built or 
ad()})ted. Said mayor and aldermen or selectmen may, if 
requested by the owner of any estate so to do, construct 
a particular sewer from the street line to^'ldn^ house or 
building and charge said owner the actual c^ost thereof; 
and may make rules and regulations for tY^i ;c6'nstruction 
and use of all particular sewers, and may impose penal- 
ties not exceeding twentj'^ dollars for their violation. 

Section 5. Where estates abut up(m more than one Assessments 
street or way assessments for sewers based wholly or in Uj^o" mo'^L^tban 
part upon frontage shall be assessed upon the frontage ^"^^ ^^•'*'^'' *'^'=- 
upon one such street or way and upon so much of such 
other street or streets as is not exempted by the board 
whose duty it is to make the assessments ; and such board 
may exempt from assessment so much of the frontage on 
such other street or streets as they deem just and equitable. 



214 



Acts, 1892. — Chap. 245. 



p. S. 29, § 8, 
amended. 



Payment of 
debts within 
certain periods. 



Issue of 
bonds, etc., for 
refunding in- 
debtedness. 



Provisos. 



Adoption of 
preceding pro- 
visions of this 
act and of 
P. S. 50. 



Paj'ment of 
expense of lay- 
ing sewers. 



Sinljing funds. 



Section 6. Section eight of chapter twenty-nine of the 
Pii])lic Statutes is hereby amended by striking out in the 
fourth line of said section, the word " twenty ", and insert- 
ing in place thereof the word : — thirty, — so as to read 
as follows : — Section 8. All debts mentioned in the pre- 
ceding section shall be payable within the following peri- 
ods : namely, debts incurred in supplying the inhabitants 
with water, within not exceeding thirty years ; debts in- 
curred in constructing sewers, within not exceeding thirty 
years ; and all other debts within not exceeding ten years. 

Section 7. Any city which has issued bonds or other 
evidences of indebtedness for debts incurred in the con- 
struction of a system of sewers, whether under the general 
law or under any special act, may issue bonds, notes, 
scrip or other evidences of indebtedness, for the purpose 
of replacing or refunding such bonds at any time before 
they become due : provided^ such bonds shall not be made 
payable at a time more than thirty years from the date of 
issue of the bonds so replaced or refunded ; and provided, 
furtlier, that this act shall not be construed to authorize 
any city or town to create a larger total debt for sewer 
purposes than such city or town is otherwise authorized 
by law" to create. 

Section 8. Any city except Boston, and any town, 
which has laid or shall hereafter lay common sewers but 
has not prior to the passage of this act actually made and 
collected assessments upon real estate benefited thereby, 
may, if the city council of such city or the legal voters 
of such town so vote, adopt any or all of the preceding 
provisions of this act, and of chapter fifty of the Public 
Statutes, anything in any special act to the contrary 
notwithstanding. 

Section 9. Any city except Boston, and any town, 
which adopts or has heretofore adopted a system of sewer- 
age, and which has not actually laid assessments for the 
cost of such system, shall pay a part of the expense of 
laying, maintaining and repairing the common sewers, to" 
be determined by the city council of cities and the select- 
men of towns : provided, that the part to be paid by the 
city or town shall in no case be less than one quarter 
nor more than two thirds. And the amount required to 
be raised annually by taxation as a sinking fund, under 
chapter twenty-nine of the Public Statutes or acts in 
amendment thereof, for the purpose of extinguishing debts 



Acts, 1892. — Chap. 246. 215 

incurred for the construction of such system, shall be 
estimated upon only so much of such indebtedness as is 
so determined to be paid by the city or town : provided, p^^^'^o- 
that if, after the expiration of two years from the date 
of incurring such debts, the amounts received annually 
from assessments are not sufficient to create a sinking 
fund that will extinguish at maturity so much of such 
debts as is so determined to be paid by assessments, 
then such city or town shall raise annually by taxation a 
further sum sufficient to meet such deficiency in the pre- 
ceding year. 

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

Approved May 6, 1892. 

An Act to incorpokate the millis water company. CJlCip.2i4:Q 

Be it enacted, etc., as follows: 

Section 1. Henry L. Millis, Moses Adams, Joseph ^^jl^'^^'^fy^^'^'cor- 
W. Farwell, John S. Folsom, Alva L. Hollander, Charles porated. 
R. Lane, their associates and successors, are hereby made 
a corporation by the name of the Millis Water Company, 
for the purpose of supplying the inhabitants of the town 
of Millis, or any part thereof, with water for domestic, 
manufacturing and other purposes, including the extin- 
guishment of fires; with all the powers and privileges Powers and 
and subject to all the duties, restrictions and liabilities 
set forth in all general laws which now are or may here- 
after be in force applicable to such corporation. 

Section 2. The said corporation for the purposes May take water 
aforesaid may take, by purchase or otherwise, and hold ^|[°™«p"°s8, 
the waters, or so much thereof as may be necessary, of 
Aqua Rex spring, so-called, or of any springs, streams or 
wells, or of any filter galleries or wells that may be con- 
structed upon the shore of any pond or near to any spring 
or streams in the town of Millis, and also all lands, rights 
of way and easements necessary for holding and preserv- 
ing such w^ater and for conveying the same to any part of 
said town ; and may erect on the lands thus taken and anYstruaur^e"^ 
held, proper dams, buildings, fixtures and other structures, 
and may make excavations, procure and operate machin- 
ery, and provide such other means and appliances as 
may be necessary for the establishment and maintenance 
of complete and effective works ; and may construct and ^nduu^a.^'pi^es, 
lay down conduits, pipes and other works, under or over etc. 



216 



Acts, 1892. — Chap. 246. 



May dig up 
lands and ways 



To file in regis- 
try of deeds a 
description of 
laud, etc., tal^en. 



Assessment and 
payment of 
damages. 



Application for 
damages not to 
be made until 
water is actually 
taken. 



May regulate 
use of water 
and fix and 
collect water 
rates. 



any lands, water courses, railroads, or public or private 
ways, and along any such ways, in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of 
this act, said corporation may dig up any such lands, and, 
under the direction of the board of selectmen, may enter 
upon and dig up any such ways in such manner as to 
cause the least hindrance to public travel therein. 

Section 3. The said corporation shall within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the 
registry of deeds for the county of Norfolk a description 
thereof sufficiently accurate for identification, with a 
statement of the purpose for which the same were taken, 
signed by the president of the corporation. 

Section 4. The said corporation shall pay all dam- 
ages sustained by any person or corporation in property 
by the taking of any land, right of way, water, water 
source, water right or easement, or by any other thing 
done by said corporation under the authority of this act. 
Any person or corporation sustaining damages as afore- 
said under this act, who fails to agree with said corpora- 
tion as to the amount of damages sustained, may have 
the damages assessed and determined in the manner pro- 
vided by law when land is taken for the laying out of high- 
wiiys, on application 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 such application shall be made after the expi- 
ration of said three years. No application for the assess- 
ment of damages shall be made for the taking of any water, 
water right or water source, or for any injury thereto, 
until the water is actually withdrawn or diverted by said 
corporation under the authority of this act. 

Section 5. The said corporation may distribute the 
water through said town of iMillis or any part thereof; 
may regulate the use of said water and fix and collect 
water rates to be paid for the use of the same. And said 
town or any individual or corporation may make such con- 
tracts with said water company, to supply water for the 
extinguishment of fires and for other purposes, as may be 
agreed upon by said town, individual or corporation, and 



Acts, 1892. — Chap. 246. 217 

said Millis AVatcr Company. And said water company May pontmci to 

Till • 1^1' j_ 'j_ supply water 

may receive and hold an assignment ot any contract for exuneuish- 
already autliorized and entered into by said town, or by '"<^'^' "^ '^'^e^- 
any individnal or corporation with any of the incorporators 
hereunder, for a supply of Avater for the extinguishment of 
fire and for other purposes, whereupon such contract shall 
be of full force and virtue, binding both the said town, 
individual or corporation, and said water company. 

Section 6. The said corporation may, for the pur- Real estate. 
poses set forth in this act, hold real estate not exceeding 
in amount twenty thousand dollars ; and the whole capi- capita' stock. 
tal stock of said corporation shall not exceed one hundred 
thousand dollars, to be divided into shares of one hundred 
dollars each ; and said corporation may issue bonds bearing May issuebonds 

. ..... f • J and secure by 

interest at a rate not exceeding six per centum per annum, mortgage. 
and secure the same by a mortgage of its franchise and 
other pro})erty to an amount not exceeding its capital 
stock actually paid in and applied to the purposes of its 
incorporation. 

Section 7. Whoever wilfully or wantonly corrupts, Penaityfor 
pollutes or diverts any of the waters taken or held under d?veningwater, 
this act, or injures any structure, w^ork or other property plo\°irty°^ 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment in the jail not exceed- 
ing one year. 

Section 8. The said corporation may by vote from May fix by vote 

A.' I A.- a iii • 1,4- i i^'L amount of water 

time to time fix and determine wmat amount or quantity to be taken. 
of water it purposes to take and appropriate under this 
act ; in which case the damages for such taking shall be 
based upon such amount or quantity until the same shall 
be increased, by vote or otherwise, in which event said 
corporation shall be further liable only for the additional 
damages caused by such additional taking. 

Section 9. The said town of Millis shall have the Townof Miiiis 
right at anytime during the continuance of the charter franchise, etc. 
hereby granted, to purchase the franchise, corporate prop- 
erty and all the riglits and privileges of said corporation, 
at a price which may be mutually agreed upon between 
said corporation and the said town ; and the said corpora- 



218 



Acts, 1892. — Chap. 246. 



Authority to 
purchase sub- 
ject to assent 
by a two 
thirds vote. 



Town may 
issue bonds, 
etc., for pay- 
ment of cost, 
etc. 



Payment of 
principal and 
interest. 
Sinking fund. 



tion is authorized to make sale of the same to the said town. 
In case said corporation and said town are unable to agree 
then the compensation to be paid shall be determined by 
three commissioners, to be appointed by the supreme judi- 
cial court upon application of either party and notice to 
the other, whose award when accepted by said court shall 
be binding upon all parties. This authority to purchase 
said franchise and property is granted on condition that 
the same is assented to by said town by a two thirds vote 
of the voters present and voting thereon at a meeting 
called for that purpose. 

Section 10. The said town may, for the purposes of 
paying the cost of said franchise and corporate property 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time bonds, 
notes or scrip to an amount not exceeding in the aggre- 
gate one hundred thousand dollars ; such bonds, notes or 
scrip shall bear on their face the words, Millis Water 
Loan ; shall be payable at the expiration of periods not 
exceeding thirty years from the date of issue ; shall bear 
interest payable semi-annually at a rate not exceeding six 
per centum per annum, and shall be signed by the treas- 
urer of the town and countersigned by the water commis- 
sioners hereinafter provided for. The said town may sell 
such securities at public or private sale, and pledge the 
same for money borrowed for the purposes of this act, at 
not less than the par value thereof, upon such terms and 
conditions as it may deem proper. The said town shall 
p.iy the interest upon said loan as it accrues, and shall 
provide for the payment of said princip il at maturity, by- 
establishino; at the time of contractino- said debt a sinkino- 
fund, or from year to year by such proportionate pay- 
ments as will extinguish the same within the time pre- 
scribed by this act. In case said town shall decide to 
establish a sinking fund it shall contril)ute thereto annu- 
ally a sum sufficient with its accumulation to pay the 
principal of said loan at maturity ; and said sinking fund 
shall remain inviolate and pledged to the payment of said 
debt and shall he used for no other purposes. If said 
town shall decide to pay the principal of said loan by 
instalments, such amounts as may be necessary to make 
such payments shall without further vote of said town be 
raised annually by taxation, in the same manner as money 
is raised for other town expenses. 



Acts, 1892. — Chap. 247. 219 

Section 11. The returns required by section ninety- Returns re- 
one of chapter eleven of the Public Statutes shall state mnountof%iDk- 
the amount of any sinking fund established under this n8hld,"etcf*^" 
act, and, if none is established, whatever action has l)een 
taken for the payment of the annual proportion of said 
bonded debt as hereinbefore provided, and the amount 
raised and expended therefor for the current year. 

Section 12. The said town shall, after its purchase Board of water 

/>•!,• 1. 1 , . -ii' commissioners 

ot said tranchise and corporate property as provided in to be elected. 
this act, at a legal meeting called for the purpose elect 
by ballot three persons to hold office, one until the expi- 
ration of three years, one until the expiration of two years 
and one until the expiration of one year from the next 
succeeding annual town meeting, to constitute a board of 
water commissioners ; and at each annual town meeting 
thereafter one such commissioner shall be elected by 
1)allot for the term of three years. The authority granted 
to the said town by this act and not otherwise specially 
provided for shall be vested in said water commissioners, 
who shall l)e subject however to such restrictions, rules 
and regulations as said town may impose by its votes. 
The said commissioners shall be trustees of the sinking To he trustees 

n 1 ^ • 'iii* 1 ••ii'-i • of the sinliing 

tund herein provided tor, and a majority ol said commis- fund, 
sioners shall constitute a quorum for the transaction of 
business relative both to the water works and to the sink- 
ing fund. Any vacancy occurring in said board from any Vacancies, 
cause may be filled for the remainder of the unexpired 
term by said town at any legal meeting called for the 
purpose. 

Section 13. This act shall take effect upon its passage. 

Approved May 6, 1892. 



An Act to authorize the city of brockton to incur indebt- /^^/^^ 047 
edne8s for sewerage purposes beyond the limit fixed by ^ 

LAW. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purpose of ^^^yj^^^J^'^^^. 
constructing a system of sewerage and of sewage disposal, sewerage pur- 
and for the purchase of lands necessary thereto, is hereby the d^ebt limit. 
authorized to incur indebtedness to an amount not exceed- 
ing three hundred thousand dollars outside its debt limit, 
and to issue from time to time negotiable bonds, notes or 
scrip to said amount. 



220 



Acts, 1892. — Chaps. 248, 249. 



Brockton 
Sewerage Loan. 



Provisions of 
P. 8. 29, and 
of 1884, 129, to 
apply. 



Skction 2. Said bonds, notes or scrip shall be pay- 
able within periods of not more than thirty years from 
their date of issue, shall be denominated on the face 
thereof, Brockton Sewerage Loan, and shall bear such 
rate of interest, not exceeding six per cent, per annum, 
as the city council may determine. Said city may sell 
said securities at public or private sale, or pledge the 
same for not less than their par value for money borrowed 
for the purpose aforesaid, upon such terms and conditions 
as it may deem proper, and may make a fixed proportion 
of the principal payable annually, and the sinking fund of 
any loan of the city may be invested therein. 

Section 3. 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 and sale 
of said bonds, notes or scrip. 

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

Approved May 6, 1892. 



Chcip.24:S ^N Act to establish the salary of the first clerk in the 

OFFICE OF THE BOARD OF COMMISSIONERS OF SAVINGS BANKS. 



Salary estab- 
lished. 



Be it enacted, etc., asfolloivs: 

Section 1. The salary of the first clerk in the ofiice 
of the board of commissioners of savings banks shall be 
two thousand dollars a year, to be so allowed from the 
first day of January in the year eighteen hundred and 
ninety-two. 

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

Apjyroved May 6, 1892. 



Ch(llJ.24:^ An Act to establish the salary of the second clerk in the 

OFFICE OF THE CHIEF OF THE DISTRICT POLICE. 

Be it enacted, etc., as foUoivs : 

Section 1. The salary of the second clerk in the office 
of the chief of the district police shall be one thousand 
dollars a year, to be so allowed from the first day of Jan- 
uary in the year eighteen hundred and ninety-two. 

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

Approved May 6, 1892. 



Salary estab- 
lished. 



Acts, 1892. — Chaps. 250, 251. 221 

An Act to authorize the city of quincy and the towns of (7^(^r).250 

WEYMOUTH AND HINGHAM TO GKANT LOCATIONS TO STREET 
RAILWAY CORPORATIONS OVER WEYMOUTH FORE RIVER AND 
WEYMOUTH BACK RIVER. 

Be it enacted, etc., as follows: 

Sectiox 1. The city council of the city of Quincy Locations of 
shall have the same power and authority in said city, and cor^orauons^ 
the board of selectmen of the towns of Weymouth and weyraou?h!° 
Hingham shall have the same power and authority in their 
respective towns, to grant locations to street railway cor- 
porations over so much of the bridges, formerly belong- 
ing to the Hingham and Quincy Bridge and Turnpike 
Corporation, over the Weymouth Fore river and Wey- 
mouth Back river, so-called, as they now have in respect 
to any other public highway within the limits of said city 
or towns : provided, however, that any such location shall p^o^'so. 
be subject to widening and such reasonable provisions 
regarding the strengthening of said bridges, and the 
maintaining and repairing of the same, as the trustees of 
said bridges shall prescribe. 

Section 2. Any person or corporation aggrieved by Persons 
the provisions prescribed by said trustees, or by their app'eauo the^ 
failure to act within a reasonable time in the premises, misstoners.""" 
may appeal to the board of railroad commissioners, who 
shall proceed to hear and examine said matter, and their 
decision upon the same shall be final. 

Approved May 6, 1892. 

An Act authorizing the board of metropolitan sewerage (7/;^2).251 
commissioners to sell certain property taken or pur- 
chased for sewerage purposes. 

Be it enacted, etc. , as follows : 

Section 1. The board of metropolitan sewerage com- commissioners 
missioners may from time to time, and at public or private "openynot 
sale as they may deem best, dispose of any property, real st'ruafon°or°" 
or personal, no longer needed for the construction of the *®'^*''- 
sewer authorized by chapter four hundred and thirty-nine 
of the acts of the year eighteen hundred and eighty-nine 
and acts in amendment thereof: prwided, however, that 
such sale shall not impair the right to maintain, renew and 
operate said sewer. 

Section 2. Real estate so sold may be conveyed, sub- Reaj estate sold 

, , . "^ ."^ , subject to 

ject to such easements, reservations and restrictions as easomeuts, etc. 



222 Acts, 1892. — Chaps. 252, 253. 

s.aid board may deem necessary to secure the maintenance, 
renewal and operation of said sewer, by deed duly 
executed by said commissioners on behalf of the Common- 
wealth, with or without warranty. 
xet proceeds of Sectiox 3. The net proceeds of such sales, after 

sales to be i>aid , , . '■ . i i i i n 

into the ^ deductmg all necessary expenses incurred thereby, shall 
be paid into the treasury of the Commonwealth and shall 
be credited to and form a part of the fund known as the 
metropolitan sewerage loan fund authorized by the act 
aforesaid. 

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

Approved May 6, 1892. 



treasury, etc. 



Chap.252 



An Act to prohibit the sale of trodt less than six inches 

IN length. 

Be it enacted^ etc. , as follows : 
Trout less than SECTION 1. Whocvcr sclls or offcrs or cxposcs for Sale 

SIX inches in , i 

length not to be m this Commouwcalth, at any season ot the year, any trout 
penalty.' Icss thau six iuclies in length shall forfeit ten dollars for 

each trout so sold or oifered or exposed for sale. 
Provisions of SECTION 2. Nothiuff herein contained shall be so con- 

P.S.91,§26, not . . . . ^ 1 4.- 4. ^ • e u 

repealed. strucd as to lu any way repeal section twenty-six oi chap- 

ter ninety-one of the Public Statutes. 

Approved May 6, 1892. 



Chap.253 



An Act for re-recording certain records. 
Be it enacted, etc., as follows: 
fellrdshi Section 1. The register of deeds in each county, and 

registries of jn each district of any county having more than one dis- 
trict, shall procure at the expense of the county and keep 
record books, to be called duplicate records, in which he 
shall make fair and legible copies of the record of any 
deed or other instrument existing in the registry of deeds 
for his county or district wdiich has become worn or 
mutilated, or is becoming illegible or indistinct, when- 
ever so directed by the county commissioners of such 
county, or whenever requested so to do by any person 
lawfully interested in preserving the record of such deed 
or instrument. He shall attest such copies, referring in 
his certificate of attestation to the book and page of 
original record, and shall make memorandum on the 
margin of the front page of the original record of such 
deed or instrument in his office, referring to the volume 
and page of the book of duplicate records upon which 
such copies are made. 



Acts, 1892. — Chaps. 254, 255, 25(3. 223 

Section 2. He shall receive, as fees for such copies Fees for copies, 
and memoranda, tlie amount he would be entitled to *"^" 
receive for an original record of such deed or instrument, 
to be paid to him, when made by direction of the county 
commissioners, out of the county treasury, upon certifi- 
cate of the county commissioners ; when made by request 
of any other person, to be paid to him by the person 
requesting the making of such copy ; and such copies, 
so attested, shall have the same force and effect as the 
original record. Aj)provecl May 6*, 1892. 

An Act reqdiring stkeet railway companies to contribute Hhfjy^ 9'i4 
TO the expense of printing their reports. ■'■ 

Be it enacted^ etc.^ as follows: 

The provisions of section eighty-two of chapter one street railway 
hundred and twelve of the Public Statutes requiring rail- com?fb°ueto 
road corporations to pay to the treasurer of the Common- p^pruing their 
w^ealth twenty dollars at the time of makino- their annual iTPo^^®;, . oo 
returns, to be appropriated to the payment of the expenses 
of printing and binding such returns, shall apply to all 
street railway companies in this Commonwealth, and each 
such company shall pay to said treasurer twenty dollars 
at the time of transmitting its annual report to the board 
of railroad commissioners. A2)j)roved May 6, 1892. 



Cha2:).255 



An Act authorizing the furnishing of one hundred dollars 
worth of books to the free libraries of certain towns 

whose VALUATION DOES NOT EXCEED SIX HUNDRED THOUSAND 
DOLLARS. 

Be it enacted, etc., as follows : 

The board of library commissioners may expend the contribution 
sum of one hundred dollars for books for the free public f?ee^pubuc°'^ 
library of any town whose valuation does not exceed six li'!!;^'■^!! J? '^^'■' 

y ^ *^ • . . tain towns. 

hundred thousand dollars, which maintained a free library 1890,347. 
before the passage of chapter three hundred and forty- 
seven of the acts of the year eighteen hundred and ninety, 
and which has fully complied or hereafter fully complies 
with the provisions of said act. Approved May 6, 1892. 



CTiap.2m 



An Act making the record of instruments affecting the 

TITLE to land CONCLUSIVE EVIDENCE OF DELIVERY. 

Be it enacted, etc., as follows: 

The record of a deed, lease, power of attorney or other Record of deed, 
instrument duly acknowledged or proved in the manner' elusive evidence 

of delivery. 



221 



Acts, 1892. — Chaps. 257, 258. 



Bridgewaters 
AV'ater (Jom- 
paay may issue 
bouds. 



Proviso. 



provided by law, and purporting to affect the title to 
lands, shall lie conclusive evidence of the delivery of 
such instrument, in favor of purchasers for value without 
notice, claiming thereunder. Apjjroved May 6, 1892. 

ChGp.257 ^N Act to authorize the bridgewaters water company to 

ISSUE A NEW SERIES OF BONDS. 

Be it enacted, etc., as follows: 

Section 1. The Bridgewaters Water Company may 
issue bonds, to become due and payable at periods not 
exceeding thirty years from date of issue, and bearing 
interest at a rate not exceeding six per centum per annum, 
and secure the same by a mortgage on its franchise, cor- 
porate property and rights, to an amount not exceeding 
one hundred and fifty thousand dollars : provided, that 
of said issue the amount of one hundred thousand dollars 
shall be reserved and used only to pay and retire the 
whole of the issue of like amount authorized by section 
six of chapter one hundred and ninety-two of the acts of 
the year eighteen hundred and eighty-seven. 

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

Approved May 6, 1892. 

C!JiajJ.2i5S '^^ "^^^ "^^ AUTHORIZE the TOWN OF NEEDHAM TO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Needham, for the purposes 
mentioned in section five of chapter one hundred and 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 fifty 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 
whole amount of such bonds, notes or scrip issued by said 
town, together with those heretofore authorized to be 
issued by said town for the same purposes, shall not in 
any event exceed the amount of one hundred and fifty-five 
thousand dollars. 

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

Approved May 6, 1892. 



Town may 
make an addi- 
tional water 
loan. 



Proviso. 



Acts, 1892. — Chap. 259. 225 

An Act reqi-ihinq certain returns to be made to the board ni^^y. o^Q 

OF GAS AND ELECTRIC LIGHT COMMISSIONERS. ^ 

Beit enacted, etc., ctsfoUoics: 

Section 1. Whenever any town, or the city council ^p'tan^fof^sgi 
of any city, shall vote upon the acceptance of the provi- stu, §j.tobe 

%/ %/ ' 1 X 1- certihed to the 

sions of section one of chapter three hundred and seventy gas and eiecuic 
of the acts of the year eighteen hundred and ninety-one, sioners.™™'* 
the clerk of such city or town shall forthwith forward to 
the board of gas and electric light commissioners a certi- 
fied abstract of so much of the records of said city council 
or town as pertains to the acceptance of, or refusal to 
accept, the provisions of said section one. 

Sectiox 2 Whenever in any city or town the votes votes under • 
contemplated by sections two or three of said chapter to'be cenmed'to 
three hundred and seventy have been passed, and any the commission- 
subsequent votes are passed relative to establishing or 
purchasing a plant, or to reconstructing, extending or 
enlarging the same, or for the issue of bonds on account 
of the same, or concerning in any way the management or 
conduct thereof, or whenever any city or town shall adopt 
any ordinance or by-law concerning such plant, the clerk 
of said city or town shall within ten days after the passage 
of such vote, or the ado[)tion of such ordinance or by-law, 
forward to the board of gas and electric light commis- 
sioners a certified copy of every such vote, by-law or 
ordinance. 

Section 3. Whenever any city or town engaged in Notice of price, 
the business of selling gas or electric light, or both, to blfcertili'fd to° 
persons or corporations, shall fix or change the price of 'he commission- 
such light, the manager of gas or electric light in such 
city or town shall send to the board of gas and electric 
light commissioners a certified copy of the notice announc- 
ing such price or change. 

Section 4. Whenever a clerk of a city or town, or Penalty. 
the manager of gns or electric light, fails or neglects to 
comply with the provisions of this act he shall forfeit for 
each offence a sum not exceeding twenty-five dollars. 

Section 5. The provisions of this act and of section Provisions of 
nine of said chapter three hundred and seventy, concern- to d'l'i^s and''^ 
ing books and accounts and returns, shall apply to any [zed'uyspedai 
city or town authorized by special act to construct, pur- acttotumish 

1 1 1 1 • 1 '^ . . .... 1 . . , Sas or eieclnc 

chase, lease, establish or mamtam withm its limits a plant ligi^t. 
for furnishing gas or electric light for municipal use or 
for the use of any of its inhabitants. 

Approved May 6, 1892. 



226 Acts, 1892. — Chap. 260. 



(77i«7).260 -^N Act relating to the liability of employers to make com- 
pensation FOR PERSONAL INJURIES SUFFERED BY' EMPLOYEES IN 
THEIR SERVICE. 

Be it enacted, etc., as follows : 
1887, 270, §1, Section 1. Section one of chapter two hundred and 

ameaaed. , r» i i 

seventy ot the acts oi the year eighteen hundred and 
eighty-seven is hereby amended by adding at the end 
thereof the following words : — And in case such death is 
not instantaneous, or is preceded by conscious suftering, 
said legal representatives may in the action brought under 
this section, except as hereinafter provided, also recover 
damages for such death. The total dam-ages awarded 
hereunder, both for said death and said injury, shall not 
exceed five thousand dollars, and shall be a[iportioned by 
the jury between the legal re})resentatives and Ihe persons, 
if any, entitled under the succeeding section of this act, 
to bring an action for instantaneous death. If there are 
no such persons then no damages for such death shall be 
recovered, and the damages, so far as the same are awaided 
for said death, shall be assessed with reference to the 
degree of culpability of the employer herein, or the i)erson 
for whose negligence he is made liable, — so as to read as 
Liability of em. foUows : — Sectwii 1. Where, after the passage of this 

plo) ers to make , . . • ' ® . . 

compensation tict, pcrsoual injury IS caused to an employee, who is him- 
injuiies suffered sclf in the cxcrcisc of duc carc and diligence at the time : 
by employees, — ^ -j^ ^ -g^ reason of any defect in the condition of the 
ways, works or machinery connected with or used in the 
business of the employer, which arose from or had not 
been discovered or remedied owino; to the negljoence of 
the employer or of any person in the service of the em- 
ployer and entrusted by him with the duty of seeing that 
the ways, works or machinery were in proper condition ; 
or (2) By reason of the negligence of any person in the 
service of the employer, entrusted with and exercising 
superintendence, whose sole or principal duty is that of 
superintendence. (3) By reason of the negligence of any 
person in the service of the employer who lias the charge 
or control of any signal, switch, locomotive engine or 
train upon a railroad, the employee, or in case the injury 
results in death the legal representatives of such employee, 
shall have the same right of compensation and remedies 
against the employer as if the employee had not been an 
employee of nor in the service of the employer, nor en- 



Acts, 1892. — Chap. 260. 227 

gnged in its work. And in case such death is not instan- 
taneous, or is preceded by conscious sullering, said legal 
representatives may in the action l)rought under this sec- 
tion, except as hereinafter provided, also recover damages 
for such death. The total damages awarded hereunder, 
both for said death and said injury, shall not exceed five 
thousand dollars, and shall be apjiortioned by the jury 
between the legal representatives and the persons, if any, 
entitled under the succeeding section of this act, to bring 
an action for instantaneous death. If there are no such 
persons then no damages for such death shall be recovered, 
and the damages, so far as the same are awarded for said 
death, shall be assessed Avith reference to the degree of 
culpability of the employer herein, or the person for 
whose negligence he is made liable. 

Section 2. Section three of said act as amended by issv, 270, §3, 
chapter one hundred and fifty-five of the acts of the year amended.^ ^' 
eighteen hundred and eighty-eight, is hereby further 
amended by inserting before the word " the", in the first 
line thereof, the following words : — Except in actions 
brought by the personal representatives under section one 
of this act to recover damages for both the injury and 
death of an employee, — and by inserting after the 
word "death", in the third line thereof, the following 
words : — which follows instantaneously or without con- 
scious suffering, — so as to read as follows : — Section 3. 
Except in actions brought by the personal representatives Amountofcom- 
under section one ot this act to recover damages tor both receivable, etc. 
the injury and death of an employee, the amount of com- 
pensation receivable under this act in cases of personal 
injury shall not exceed the sum of four thousand dollars. 
In case of death which follows instantaneously or without 
conscious suffering, compensation in lieu thereof may be 
recovered in not less than five hundred and not more than 
five thousand dollars, to be assessed with reference to the 
degree of culpability of the employer herein, or the person 
for whose neijlio-ence he is made liable ; and no action for 
the recovery of compensation for injury or death under 
this act shall be maintained, unless notice of the time, 
place and cause of the injury is given to the employer 
within thirty days, and the action is commenced within 
one year, from the occurrence of the accident causing the 
injury or death. The notice required by this section shall 
be in writing, signed by the person injured or by some 



228 Acts, 1892. — Chaps. 261, 262. 

one in his behalf; but if from ph^'sical or mental incapacity 
it is impossible for the person injured to give the notice 
within the time provided in said section, he may give the 
same within ten days after such incapacity is removed, and 
in case of his death without havino- jriven the notice and 
without having been for ten days at any time after his 
injury of sulhcient capacity to give the notice, his execu- 
tor qr administrator may give such notice within thirty 
days after his appointment. But no notice given under 
the provisions of this section shall be deemed to be invalid 
or insufficient solely by reason of any inaccuracy in stating 
the time, place or cause of the injury : provided, it is shown 
that there was no intention to mislead, and that the party 
entitled to notice was not in fact misled thereby, 
januao-f ^18*93. SECTION 3. This act shall take eflect on the first day 
of January in the year eighteen hundred and ninety-three. 

Apjyroved May 6, 1892. 

ChClT>.2iGl ^^ -^CT PROVIDING FOR THE COLLECTION OF WATER RATES BY 

THE CITY OF L^ NN. 

Be it enacted, etc., as follows : 

^''l^'ter°rafer Section 1. The pubHc water board of the city of 
apmwai°by the Lj^^i^ ^^ authoi'lzed and empowered to charge rates to 
city council, etc. takers and users of all water originating from its public 
supply, and for any and all uses thereof, provided such 
rates are approved by the city council. The rates at 
present established by said water board are hereby legal- 
ized, subject to the right of change as provided in this 
act. 
Repeal. SECTION 2. All acts and parts of acts inconsistent 

herewith are hereby repealed. 

Section 3. This act shall take efi*eet upon its passage. 

Approved May 6, 1S92. 

(JJiap.262 ^^ ^CT REQUIRING THE SECRETARY OF THE COMMONWEALTH TO 
GIVE A BOND AND REPORT ANNUALLY THE TRANSACTIONS 0*" 
HIS OFFICE. 

Beit enacted, etc., as follows : 
Secretary of the Section 1. The Secretary of the Commonwealth shall 

Comiuouweallh . , , *' . i i i • i 

togiveaboud. givc to the treasurer and receiver-general a bond, with 
sufficient sureties to be approved by the governor and 
council, conditioned upon his satisfactorily accounting 
for all moneys which shall come into his hands in his offi- 



Acts, 1892. — Chaps. 263, 264. 229 

cial cajiacity as said secretary. He may appoint a cashier casbier. 
for whose conduct he shall be accountable. 

Section 2. He shall annually in the month of January to make annual 

. f 1 • "x- report to the 

submit to the general court a report ot the transactions ot legislature. 
his otHcc diirino- the year ending on the last day of the 
preceding month, in addition to such special reports as 
he is now by law required to make. Said report shall 
be numbered as one of the series of public documents and 
tifteen hundred copies thereof shall be printed annually. 

Approved May 6, 1892. 

An Act relating to the returns to be made to the board (7^(^r).263 

OF GAS AND ELECTRIC LIGHT COMMISSIONERS. 

Be it enacted^ etc., as follows: 

Section 1. Each oriis or electric light company ne2;lect- Penalty on gas 

o o 1 •/ o find electric 

ino; to make the annual return to the board of sfas and light companieB 

d*-' . i. 1 , . . • 1 1 1 "^ for refusal or 

ectric light commissioners, as required by law, on or neglect to make 

before the second Wednesday of September in any year, *'"'"''' '■^'""'' 

shall forfeit in each case for such neglect, as follows : for 

the first fifteen days or any portion thereof, five dollars a 

day; for the second fifteen clays or any poition thereof, 

ten dollars a day ; and for each and every day thereafter 

while such neglect shall continue, not exceeding fifteen 

dollars a day ; and if any company unreasonably refuses 

or neglects to make such report or return it shall forfeit 

for every such refusal or neglect a sum not exceeding five 

hundred dollars. 

Section 2. All forfeitures recovered under section Forfeitures to 

one of this act shall be paid into the treasury of the pajMnemo/" 

Commonwealth and applied towards the payment of the boa^d!^**^^ 

expenses of said board of commissioners. 

Ax>proved May 6, 1892. 

An Act relative to the blasting of rocks in the city of /^^^^ 964- 

BOSTON. ^ '*" 

Be it enacted, etc., as folloivs : 

Section two of chapter two hundred and one of the acts ises, 2oi, §2, 
of the year eighteen hundred and sixty-eight is amended ^"^'''*''^'^- 
by striking out the last three lines of said section and 
inserting in place thereof the following: — of the provi- 
sions of this act, or of any license granted as aforesaid, 
shall for each ofi'ence pay a fine of not less than ten dollars 
nor more than one hundred dollars, — so as to read as fol- 



230 Acts, 1892. — Chaps. 265, 2G6, 2G7. 

^o?ation^of lows: — Sectioii 2. Any person who shall, either by 
provisious, etc. himsclf, his Servant or agent, or by any person in his 
employ, violate any of the provisions of this act, or of 
any license granted as aforesaid, shall for each offence 
pay a fine of not less than ten dollars nor more than 
one hundred dollars. Approved May 6, 1892. 

(JJiar).2(j5 -^^ ^^^ '^^ authorize the essex electric street railway 

COMPANY to lease ITS RAILWAY, FRANCHISES AND OTHER PROP- 
ERTY TO THE NADMKEAG STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows : 
propenrto'fhe Section 1. The Esscx Electric Street Railway Com- 
Naumkeag panv is hereby authorized to lease its railwav, franchises 
Company. and otlicr property to the Naumkeag Street Railway Com- 

pany, for a term not exceeding ninety-nine years, on such 
terms as may be agreed upon by the directors and stock- 
holders of said corporations. 

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

AjJjjroved May 6, 1892. 

Ch(l1).26G ^^ ^^^ ^^ RELATION TO PROCEDURE UPON WRIT OF ERKOR OK 
SIMILAR PROCEEDINGS IN CRIMINAL CASES. 

Be it enacted, etc., as follows: 
u'^on^w"rUof Upou Writ of ciTor Or other proceeding, brought to 

error, etc. revcrsc or avoid a conviction of a criminal offence, or to 

obtain the discharge of a person held in custody there- 
under, the fact that such person was under the age of 
seventeen years at the time of the conviction shall not be 
deemed material, and shall not affect the validity of the 
conviction, nor entitle the person to be discharged. 

Ap)proved May 6, 1892. 

Chci7).2Q7 ^^ *^^^ "^^ AUTHORIZE THE GRADING AND CLASSIFYING OF PRIS- 
ONERS IN THE STATE PRISON. 

Be it enacted, etc., as follows: 
Grading and Section 1. The comuiissioners of prisons, with the 

classifyiQii of I /> ^l 1 -i • 1 /• 

prisoners in the approval ot the govcmor and council, m ly provide tor 

Btate prison, etc. ■,. , , •,• • .i • • ^.i ^ ^ 

grading and classifying the prisoners in the state prison, 
and with the same approval may establish rules for dealing 
with them according to their conduct and industry. 
Repeal of 1891, SECTION 2 Cha[)ter three hundred and seventy-two 
of the acts of the year eighteen hundred and ninety-one 
is hereby repealed. 

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

Approved May 6, 1892. 



Acts, 1892. — Chaps. 2G8, 2G9, 270. 231 



An Act relating to special justices of inferior courts. ChanJ2fSS 
Be it enacted^ etc., as follows: 

Section 1. Whenever a special justice of a police, certification of 
district or municipal court sits in the trial of a case, holds etc.°b/Bpeciai 
an inquest, or certifies a bill of costs to a county or town J^^'i^ea, etc. 
treasurer, he shall state or cause to be stated upon the 
record the fact which i^ives him jurisdiction to act. 

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

Approved May 6, 1892. 



Chap.im 



An Act to authorize hokace s. crowell to build causeways 

OR bridges in the town of FALMOUTH. 

Be it enacted., etc., as follows: 

Sectiox 1. Horace S. Crowell may build and main- Horace s. 
tain a causeway or bridge from Long Neck, so-called, buUdcauT*.^ 
in the town of Falmouth, across tide water to Devil's To^^not"^^ 
Foot island or Ram island, so-called, in said town, and F'^'mouth. 
may build and maintain a causeway or bridge from said 
Devil's Foot island across tide water to said Ram island, 
subject to the provisions of chapter nineteen of the Public 
Statutes and acts in amendment thereof and in addition 
thereto. Said causeways or bridges may be built with or 
without draws, as may be determined by the board of 
harbor and land commissioners. 

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

Approved May 6, 1892. 

An Act relating to the payment for labor performed on ni^ffj^ 970 

BUILDINGS OR PUBLIC WORKS OWNED BY CITIES OR TOWNS. 

Be it enacted., etc., as follows : 

Section 1 . A person to whom a debt is due for labor Right of action 
performed in constructing any building, sewer, drain, |°bo^A^nTo°n- ^""^ 
water works or other public works owned by a city or certalu°pu°biic 
town, un.der a contract with any person other than such woriis. 
cit}'' or town, having authority from or rightfully acting 
for such city or town in furnishing such lal)or, shall have 
a right of action against such city or town to recover 
such debt with costs, except as hereinafter provided. 

Section 2. No person who has contracted to furnish ^^"hrfor^IaboT'' 
labor in such construction, other than his own, shall have other than laia 
such right of action b}^ virtue of this act. 

Section 3. No such person shall have such right of j^/nuo" be fifed, 
action for labor performed, unless within thirty days after etc. 



232 Acts, 1892. — Chaps. 271, 272, 273. 

ceasing to perform it he files in the clerli's office of the 
city or town against which he chiims such right of action, 
a written statement, under his oath, of the amount of the 
debt so due him, and the names of the parties or persons 
for whom and by whose employment the labor was per- 
formed. Such right of action shall not be lost by a mis- 
take in stating the amount due, but the claimant shall 
not recover as damages a larger amount than is named in 
said statement as due him, with interest thereon. 
fommenced^ SECTION 4. No such actiou sh'all be maintained unless 

within sixty commenced within sixtv days after the plaintiti" ceased to 

days. ^ J I 

perform such labor. Approved May 6, 1892. 

C'Att7).271 ■^'^ ^^'^ "^O INCREASE THE NUMBEK OF ASSOCIATE JUSTICES OF 

THK SUPEKIOK COURT. 

Be it e7iacted, etc. , as follows : 

ci'itrjuJtices of Section 1. The number of associate justices of the 
the superior supcrior court sliall be fifteen instead of thirteen as now 

Court. *■ 

provided by law. 

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

Approved May 6, 1892. 

Ch(l7).2il2 An Act to authorize the town of newbury to construct 

AND MAINTAIN A WHARF AT THE PUBLIC LANDING OF SAID TOWN 
ON THE RIVER PAHKER. 

Be it enacted, etc. , as follows : 
Town may Section 1. The towu of Ncwburv is hereby authorized 

maintain a _ _ _ ./ •' ^ 

wharf, etc. to coustruct and maintain a wharf in and over tide water 
at the public landing of said town on the Eiver Parker, 
subject to the provisions of chapter nineteen of the Public 
Statutes. 

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

Approved May 6, 1892. 

ChaV 273 -^^ ^'^^ ^" authorize the COUNTY COMMISSIONERS OF THE COUNTY 
OF MIDDLESEX TO ERECT A TRUANT SCHOOL. 

Be it enacted, etc., as follows : 
County cono- Section 1. The couuty commissioners of the county 

mi88ioner« to . -^ . . »- 

build one or of Middlcscx are hereby authorized and required to erect 

ischoois, etc. one or more truant schools, and may borrow on the credit 

of said county, and expend for such purpose a sum not 

exceeding fifty thousand dollars, which sian shall be paid 

as follows : one fifth out of the taxes of the year eighteen 



Acts, 1892. — Chaps. 274, 275. 233 

hundred and ninety-three, and one tifth out of the taxes 
of each succeeding year until said hjan is fully paid. 

Sectiox 2. U}K)n the completion of said school or Return of mid 
schools the commissioners shall return a certitied state- personal ex^ 
ment of their personal ex})enses incurred in connection senses. 
with said work to the controller of county accounts, who 
shall audit and certify the same to the treasurer of said 
county, who shall pay them for such expenses from the 
treasury of said county. 

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

Approved May 6, 1892. 



Cha2).27i 



An Act placing restrictions upon the erection of electric 
light wiues. 

Be it enacted, etc., as follows : 

Sectiox 1. Section three of chapter three hundred amlndl"d.^^' 
and eighty-two of the acts of the year eighteen hundred 
and eighty-seven is hereby amended by striking out all 
after the word "in", in the second line of said section, 
and inserting in place thereof the following words : — the 
manufacture and sale of electric light, no other person, 
firm or corporation shall lay, erect, maintain or use, over 
or under the streets, lanes and highways of such city or 
town, any wires for use in conveying electricity for light- 
ing, without the consent of the mayor and aldermen of 
sucfi city, or selectmen of such town, after a public hear- 
ing and notice to all parties interested, — so as to read as 
follows: — Section 3. In any city or town in which a Laying, erect 
company is engaged in the manufacture and sale of elec- trfc ng'ii't win 
trie light, no other person, firm or corporation shall lay, andTowns! 
erect, maintain or use, over or under the streets, lanes 
and highways of such city or town, any wires for use in 
conveying electricity for lighting, without the consent of 
the ma3^or and aldermen of such city, or selectmen of 
such town, after a public hearing and notice to all parties 
interested. 

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

Approved May 6, 1892. 

An Act to prevent the acquisition of rights of way across ^7i/y ». 97*1 

RAILKOAD8 BY PRESCRIPTION. 

Be it enacted, etc., as follows : 

No right of way across any railroad track or location Rights of way 
which is in use for railroad purposes shall hereafter be ^"''^^ ^""'•"«'^«- 



res 
ciiies 



234 



Acts, 1892. — Chaps. 276, 277. 



acquired by prescription ; but nothing herein contained 
shall atiect any existing right of way. 

Apx>roved May 6, 1892. 



A woman may 
be appointed 
to act as ati 
assistant proba 
lion officer, etc. 



Chctp.21Q An Act to provide fob the appointment of a woman as 

ASSISTANT PROBATION OFFICER IN THE MUNICIPAL COURT OF THE 
CITY OF BOSTON. 

Be it enacted, etc. , as follows : 

Section 1. The chief justice of the municipal court 
of the city of Boston may appoint a woman to act as 
assistant to the probation officer, under the jurisdiction 
of said court, and may, subject to the approval of the 
commissioners of public institutions of said city, deter- 
mine her compensation, which shall be paid from the 
treasury of the county of Suffolk upon vouchers approved 
• by said justice and said commissioners 

Section 2. It shall be the duty of said assistant pro- 
bation officer to investigate the cases of all women against 
whom a criminal charge is brought in said court, and to 
perform such other duties as may be required of her by 
the justices of said court. 

Section 3. Said assistant prol)ation officer shall hold 
her office during the pleasure of said chief justice, and 
shall also be liable, for refusal or neglect to perform her 
duty, to the penalty named in section eight of chapter 
three hundred and fifty-six of the acts of the year eighteen 
hundred and ninety-one. Approved May 6, 1892. 



Duties. 



To hold office 
during pleasure 
of chief justice; 
penalty. 



Chap.^ill An Act to AUTHORIZE THE MANAGERS OF THE BOSTON SEAMEN'S 
FRIEND SOCIETY TO HOLD ADDITIONAL REAL AND PERSONAL 



May hold, etc., 
additional real 
and personal 
estate. 



Acts and pro- 
ceedings 
ralitied. 



Be it enacted, etc. , as follows : 

Section 1. The Managers of the Boston Seaulen's 
Friend Society are hereby authorized to hold real and 
personal estate to an amount not exceeding two hundred 
thousand dollars, and to mortgage, sell and convey the 
same or any part thereof, if necessary, so as to best answer 
the purpose of said corporation. 

Section 2. All acts and proceedings of said Managers 
of the Boston Seamen's Friend Society, under and by 
virtue of chapter one hundred and eight of the acts of the 
year eighteen hundred and sixty-seven, are hereby ratified 
and confirmed. Approved May 6, 1892. 



Acts, 1892. — Chap. 278. 235 



An Act to preserve the purity of the waters of spot (JJi(ip^27S 

POND. 

Be it enacted, etc., as folloivs : 

Section 1. For the purpose of maintainino; the purity RightsofCom- 

,. , r-oj^ii i>i mon wealth 

or the "waters ot opot pond used as a source or water sup- grant.cito Mai- 
l^ly by the city of Maiden and the towns of INIedford and andMe'rose? 
JNIeh'ose, and in order that the said city and towns may prevent poiu° 
better guai'd and protect the waters of the said pond from tion of water. 
polhition, so k>ng as the said pond shall be used by the 
said city and towns, or by either of them, as a stoi'age 
basin and water supply, and until otherwise provided by 
statute, all the public right and control which the Common- 
wealth has in the great pond known as Spot pond in the 
towns of Stoneham and Medford are hereby granted and 
relinquished unto the said city of Maiden and the towns 
of Medford and Melrose, with power to ptevent all per- 
sons and animals from entering in, upon or over the said 
pond. 

Section 2. The officers or agents of said municipali- eB°ta"bii'8°h'e'd. 
ties who are vested, under the provisions of chapter one ^°J^'^g*"°'^ 
hundred and sixty of the acts of the year eighteen hun- 
dred and seventy, with the general regulation and control 
of the waters of said pond, together with the selectmen 
of the town of Stoneham, are hereby constituted a joint 
board which is authorized to establish rules from time to 
time to regulate the entering in and upon the waters of 
said pond, so far as they may deem necessary for main- 
taining their purity as a source of domestic water supply ; 
and may appoint servants or agents with authority to 
enforce the same. And any person violating such rules Penalties. 
shall be deemed guilty of a trespass and lined not less 
than ten dollars nor more than fifty dollars for each 
offence. In all actions of said joint board under this 
section the aforesaid representatives of each municipality 
])resent at any meeting of said joint board shall collec- 
tively be entitled to one vote. 

Section 3. The state board of health, on application Regulations to 
by the representatives in said joint board of any of the vision of tTe^^"^ 
above-mentioned four municipalities, within thirty days he^auh^et^. °^ 
after the receipt by them of a copy of any rules adopted 
by said officers or agents, may inquire into and rescind 
any rule or regulation which said board shall detei'mine 
unreasonal)le ; but said rules and regulations shall remain 
of full force and effect until thus rescinded. 



236 



Acts, 1892. — Chap. 279. 



When town, 
etc., ceases to 
use the water, 
rights to be 
Vested in re- 
maining towns, 
etc. 



Section 4. Whenever either the said city of Maiden or 
said towns of Medford or Melrose shall cease to use the 
said pond as a storage basin and water supply, the right 
hereby granted shall pass to and vest in the remaining 
city or towns continuing such use. 

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

Approved May 9, 1892. 



Grouping of 
names of presi- 
ilential electors 
on ballois, etc. 



Chcip.270 -^N Act to provide for voting for electors of president and 

VICE-PRESIDENT OF THE UNITED STATES. 

Be it enacted, etc., as follows : 

Section 1. The names of candidates for the offices of 
electors of president and vice-president of the United 
States shall he arranged in groups, and shall be printed 
upon the balU)ts in two adjacent columns of equal width, 
with the name and place of residence of one of the candi- 
dates at large at the head of each column, and the names 
and places of residence, including the numbers of the con- 
gressional districts, of the other candidates following in 
the numerical order of said districts. The initial letters 
of the names of such candidates shall be in capitals not 
less than one eighth nor more than one quarter of an inch 
in height. The surnames of the candidates of each politi- 
cal party for the offices of president and vice-president of 
the United States, with the party or political designation 
at the right of the names, shall be printed in one line at 
right angles with the length of the l)alIot, in capital letters 
not less than three sixteenths of an inch in height, above 
the respective groups of candidates for electors. There 
shall be left at the right of the party or political designa- 
tion a sufficient clear margin or square in which each 
voter may designate by a cross mark [Xj his choice for 
electors ; and no other clear margin or space shall be left 
in any such group of candidates. Such groups of can- 
didates shall be arranged in the alphabetical order of 
the surnames of the candidates nominated for president. 
There shall be left at the end of such groups of candidates 
as many blank spaces as there are persons to be elected 
to the offices of electors. 

Section 2. A voter who desires to vote for an entire 
group of candidates for electors shall place a cross mark 
[ X] in the square at the right of the party or political 
designation immediately above such group, and such cross 
mark [XJ shall count as a vote for all the candidates in 



Marking of 
ballot for the 
purpose of vot- 
ing for presi- 
dential electors, 
etc. 



Acts, 1892. — Chap. 280. ' 237 

such iri'oup. If a voter does not desire to vote for a 
candidate in a group for which he marks, he may erase 
the name of such candidate, and the cross mark [X] sliall 
count as a vote for all of the other candidates in such 
group. When a voter desires to vote for another per- 
son, in phice of a candidate whose name he has erased, 
he may insert in one of the blank spaces at the end of tiie 
groups of candidates for electors the name of the person 
of his choice, and phice a cross mark [X] in the square at 
the right of such name ; if the name erased is that of a 
candidate at large the other name must be inserted in one 
of the unnumbered blank spaces, otherwise in the blank 
space having the same number as the name erased. A 
voter who does not mark for any group of candichites may 
vote for one or for several candidates for electors by 
inserting a name or names in one or more of the blank 
spaces at the end of the groups of electors, and placing a 
cross mark [X] in the square at the right of each name. 
The marks against names inserted in the blank spaces 
shall be counted as now provided by law. 

Approved May .9, ISO 2. 



Chap.2S0 



An Act in relation to the granting of licenses fob the 

SALE OF intoxicating LIQUOR IN TOWNS WHICH ARE SUMMER 
RESORTS. 

Be it enacted, etc., asfoHoivs: 

Section 1. The proviso contained in the last twelve isss, 340, §1, 
lines of section one of chapter three hundred and forty of '"""°^®'*- 
the acts of the year eighteen hundred and eighty-eight is 
hereby repealed, and the following is substituted therefor : 
— provided, that in towns having an increased resident Granting of 

1,. -, . ,, iiii ^ j^ licenses for the 

population during the summer months the selectmen may, eaieof intoxi- 
on or before the fifteenth day of May in any year, apply cerlafn'SJ" 
to the chief of the bureau of statistics of labor to have ^er'r^e^orts"™* 
an enumeration made of the temporary or summer resi- 
dents of such towns. The said chief upon being thus 
requested shall proceed to make such enumeration, from 
the twenty-third to the twenty-eighth day of June next 
following, under suih rules as he shall establish. No 
person who has not been a resident of such town for a 
period of at least three days preceding the enumeration 
shall be regarded as a temporary or summer resident 
thereof. The chief of the bureau of statistics of labor is 
authorized to employ for this temporary service such 



238 



Acts, 1892. — Chap. 281. 



Granting of 
licenses for the 
sale of intoxi- 
cating liquor in 
certain towns 
which aie sum- 
mer resorts. 



Penalty. 



number of persons as may be necessary, who shall in all 
cases be residents of the town, if suitable and competent 
persons can be found. If not then said chief may employ 
non-residents. The said chief shall report the total num- 
ber of such temporary or summer residents to the select- 
men of the town on or before the twenty-eighth day of 
June aforesaid. All expenses incurred in making this 
special enumeration of the inhabitants of any town shall 
be paid out of the state treasury. The state treasurer 
shall thereupon issue his warrant, as provided in section 
thirty-one of chapter eleven of the Public Statutes, requir- 
ing the assessors of such town to assess a tax to the 
amount of the expenses incurred in making this special 
enumeration, and the sum shall be collected and paid over 
to the state treasurer, in the same manner that other state 
taxes are levied and paid. The selectmen may, during 
the month of June, receive applications for such licenses 
and investigate iind publish the same ; and may grant one 
such license for each live hundred of such temporarj" resi- 
dent population, not including the permanent inhabitants 
of such town, as ascertained by &aid special enumeration, 
to take effect on the first day of July and to expire on the 
first day of October next following, but no such licenses 
shall be granted unless the town at its last annual town 
meeting has voted "Yes", in answer to the question, 
" Shall licenses for the sale of intoxicating liquor be 
granted in this town?" ; pj^ovided, fur t/ier, that no such 
special enumeration shall be made and no such special 
licenses shall be granted in towns having more than five 
thousand permanent residents, as ascertained by the last 
preceding state or national census. 

Section 2. Any selectman or member of a licensing 
board or census enumerator who violates the provisions 
of this act shall be punished by a fine of not less than five 
hundred dollars. 

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

Approved May 9, 1892. 



CkaV 281 "^^ ^^^ ^^ PROVIDE FOR OPERATING THE CHARLES RIVER VALLEY 

SYSTEM OF SEWERAGE. 



Maintenance, 
etc., of the 
Charles river 
valley system 
of sewerage. 



Be it enacted, etc, as follows: 

Section 1. For the purpose of providing for the cost 
of the maintenance and operation of the system of sewage 
disposal for the cities of Boston, Newton and Waltham, 



Acts, 1892. — Chaps. 282, 283, 284, 239 

and the towns of Watertown and Brookline, known as 
the Cliarles river valley system, there shall l)e allowed and 
paid out of the treasury of the Commonwealth a sum not 
exceeding twenty-six thousand five hundred dollars during 
the year eighteen hundred and ninety-two ; a sum not 
exceeding twenty-six thousand five hundred dollars dur- 
ing the year eighteen hundred and ninety-three ; a sum not 
exceeding twenty-seven thousand dollars during the year 
eighteen hundred and ninety-four, and a sum not exceed- 
ing twenty-eight thousand dollars during the year eight- ' 
een hundred and ninety-five. 

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

Approved May 9, 1892. 

An Act to confirm certain proceedings of the town of r'j.fj^^ 9Q9 

GOSBEN. * 

Be it enacted., etc., asfolloivs: 

Section 1. The proceedings of the annual town meet- Proceedings of 
ing of the iovfn of Goshen held on the seventh day of confirmed.'"^ 
March in the year eighteen hundred and ninety-two, so 
far as relates to the adoption of the provisions of chapter 
two hundred and sixty-four of the acts of the year eight- 
een hundred and ninety and the election of commissioners 
under the same, are hereby ratified, confirmed and made 
valid. 

Section 2. This act t-hall take effect upon its passage. 

Approved May 9, 1892. 

An Act to confirm the proceedings of the annual town njifirv^ OQQ 

meeting of the town of WILLIAMSBURG. ^ 

Be it enacted, etc., as folloios : 

The proceedings of the annual town raeetinir of the Proceedines of 
town of Williamsburg held on the seventh day of March c°nfirSed.'°^ 
in the year eighteen hundred and ninety-two, and any 
adjournment thereof, shall not be invalid by reason of the 
omission in the warrant calling such meeting of a specifi- 
cation of the time of opening the polls and the time of 
closing the same. Approved May 9, 1892. 

An Act to confirm the proceedings of the annual town (Jha^^ 984- 

MEETING OF THE TOWN OF BELCHERTOWN. * 

Be it enacted, etc., asfolloivs: 

Section 1. The proceedings of the annual town meet- Proceedings of 
ing of the town of Belchertown held on the seventh day confirmed?"^ 



24:0 Acts, 1892. — Chaps. 285, 286, 287, 288. 

of March in the year eighteen hundred and ninety-two, 
and any adjournment thereof, shall not be invalid by rea- 
son 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 
^dnstl'bies* Sectiox 2. The election of the five constables chosen 

coufirmed. at Said town meeting is hereby ratified and confirmed. 

Approved May 9, 1892. 

ChClp.2iS5' ^^ -^CT RELATIVE TO THE DUTIES OF THE SUPERINTENDENT OF 
SCHOOLS OF THE CITY OF MARLBOROUGH. 

Be it enacted^ etc., as follows: 
o"L^hoo*rnoTto Section 1. The superintendent of schools of the city 
act as secretary of Marlborougli shall Hot act as secretary of the school 

of school board , i f • i • i t ii • t ^ i 

unless directed, board oi Said City uulcss SO du'cctcd by said board. 

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

Approved May 9, 1892. 

ChCip.2SQ ^^ -'^CT TO ESTABLISH THE SALARY OF THE ASSOCIATE MEDICAL 
EXAMINER FOR THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as Jolloius: 
HaiTe'tf ^*'^^' Section 1. The salary of the associate medical exami- 

ner for the county of SuSblk shall be six hundred and 
sixty-six dollars a year, to be paid from the treasury of 
said county and to be so allowed from the first day of 
January in the year eighteen hundred and ninetj^-two. 
Section 2. This act shall take effect upon its passage. 

Approved May 9, 1892. 

Chcip.2S7 ^"^ ^^'^ '^^ ESTABLISH THE SALARY OF THE ASSISTANT STATE 
LIBRARIAN AND CLERK OF THE BOARD OF EDUCATION. 

Be it enacted, etc. , as folloivs : 
fiS^***^' Section 1. The assistant state librarian and clerk of 

the board of education shall receive an annual salary of 
three thousand dollars. 

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

Approved May 9, 1892. 

CJlCiP.2SS ^^ "^^^ ^^ RELATION TO THE ISSUE OF BONDS FOR FURNISHING 
THE COURTHOUSE FOR THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as folloivs: 
t^'^issue^bond" Section 1. UpoH the rcqucst of the commissioners 
for furuishing appointed by the mayor of the city of Boston in relation 

the court house, ^ ^ ^ ."^ /•! /.ri» 

upon request of to the crectioii ot a coui'thouse for the county of Suffolk, 
sionera. ' it shall bc the duty of said city to issue and negotiate 



Acts, 1892. — Chaps. 289, 290. 241 

bonds or certiticutcs of indebtedness described in section 
live of chapter three hundred and seventy-seven of the acts 
of the year eighteen hundred and eighty-five, to an amount 
not exceeding one hundred thousand doUars in addition 
to the amount authorized by chapter one hundred and one 
of the acts of the year eighteen hundred and eiofhty-seven. 
The commissioners may in their discretion expend the 
amount of the proceeds of said bonds in furnishing said 
courthouse; but they shall not expend more than said 
amount unless such excess of expenditure shall first have 
been authorized by the city council of the city of Boston. 
Section 2. This act shall take effect upon its passage. 

Aiyproved May 5, 1892. 

An Act in relation to the filing for record of claims njjrj^^ OQQ 

AGAINST REAL ESTATE. ^ ' 

Be it enacted, etc., asfoUoivs: 

Sectiox 1. No judgment or decree hereafter rendered, Judgment, etc., 

,1 • •, 1,' .• ,1 .•,! /• I . , 1 11 affecting title to 

at law or in equity, afiectmg the title of real estate, shall real estate not 
have any effect as against persons other than the parties Ifnie^rcoprof 
thereto and their heirs and devisees and persons having [« record'eTin^ 
actual notice thereof, unless a certified copy of the record ^^^^^l^\°^ 
thereof shall have been recorded in the registry of deeds 
for the county or district within which the land lies, to- 
gether with a memorandum setting forth the name of the 
city or town in which the real estate is situated and giving 
a description of the real estate sufficiently accurate for 
identification, in case the record of the judgment or decree 
does not give those particulars : jnovided, however, that Proviso. 
in case a notice of the pendency of the action has been 
duly recorded in the registry of deeds it shall be sufficient 
to cause the record hereby required, to be made within 
sixty days after the rendition of the judgment or decree. 

Section 2. In case of an ordinary attachment of real fg°o,y,"Pf° 
estate, the entry made by the register of deeds upon the registry to be 
records of the registr}^ required by law shall be deemed uouceof pend- 
to be notice of the pendency of an action within the pro- '°s of action. 
visions of this act. Apinoved May 9, 1892. 

An Act to reqitre city and town clerks to notify the pj oqa 
commissioners of prisons of the appointment of certain ^ ' 

POLICE officers. 

Be it enacted, etc., asfoUoivs: 

Section 1. The clerk of each city or town in which a Name of chief 
chief of police or city marshal is appointed, shall, within returned.^" ""^ 



242 



Acts, 1892. — Chaps. 291, 292. 



one week after such appointment, notify the commission- 
ers of prisons of the name of the person so appointed. 
^ffi'Sfrsretr'tr Section 2. The clerk of each town not having a chief 
of police shall, on the first day of October in each year, 
send to the commissioners of prisons the names of all the 
police officers and constables in such town. 

Section 3. Any officer who refuses or neglects to per- 
form the duty required of him by this act, shall be liable 
to a penalty of fifty dollars ; and any officer who refuses 
or neglects to make to said commissioners the reports 
required by section two of chapter two hundred and 
twenty-six of the acts of the year eighteen hundred and 
eighty-two, shall be liable to a like penalty. 

Approved May 9, 1892. 



be returned. 



Penalties for 
refusal or 
neglect. 1882, 
226, § 2. 



(7/i«».291 ^^ ^^^ "^^ ESTABLISH jTHE SALARY OF THE COMMISSFONER OF 
STATE AID APPOINTED BY THE GOVERNOR AND COL'NCIL. 



Salary estab- 
lished. 



Be it enacted, etc., as folloios: 

Section 1. The commissioner of state aid appointed 
by the governor and council shall receive from the treas- 
ury of the Commonwealth an annual salary of twenty-five 
hundred dollars, to be so allowed from the first day of 
January in the year eighteen hundred and ninety-two. 

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

A2-)proved May 10, 1892. 



Street commis- 
sioners may 
widen Walter 
Btreetin Boston 



(7/i«».292 ^'^ ^^"^ "^^ AUTHORIZE THE WIDENING OF WALTER STREET IN THE 
CITY OF BOSTON, AND THE TAKING OF A PART OF A PRIVATE 
BURIAL GROUND THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. The board of street commissioners of the 
city of Boston may, in that part of Boston known as 
West Roxbury, widen Walter street on its easterly side 
to a width not exceeding sixty feet from the present west- 
erly line thereof, and may take therefor a strip of land 
from the burial ground located on the easterly side of said 
Remains of the strcct, near Wcld street, and shall, at the expense of the 
removed.^ city of Bostou, rcmovc the remains of the dead, if any 
there be, in the part so taken, to some other part of said 
burial ground or to some other cemetery ; and said board 
shall determine, and said city shall pay, all damage sus- 
tained by any person or corporation in property by such 
takinji". 



Acts, 1892. — Chap. 293. 243 

Section 2. Said hoard or any person or corporation Damages. 
sustaining daniaiies as aforesaid by any tailing otherwise 
than by })urchase made under authority of this act, if they 
fail to agree as to the amount of the damages so sustained, 
may within one year after such taking tile in the office of 
the clerk of the superior court for the county of Suffolk a 
petition for a jury to determine such damages, and there- 
upon, after such notice as said court shall order, the dam- 
ages so sustained shall be determined by a jury in said 
court, in the same manner as damages for lands taken for 
highways in said city are determined, and costs shall be 
taxed as in civil cases. 

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

Approved May 11, 1892. 

An Act to authorize the city of boston to pkocure and njfnjj 9()Q 

PREPARE FOR PUBLIC USE ONE OR MOKE OPEN SPACES IN SAID ' ' 

cirr. 
Be it enacted, etc. , as follows : 

Section 1. The city of Boston, for the purposes of bomiffoV*^"^ 
procuring and preparing for public use such open spaces procurine, etc., 

.J V^^ • I -^ L- i- j^ ±' 1 open spaces 

in said city as said city may from time to time deem expe- therein for use 
dient, to be used for open air meetings, playgrounds or meeungs'piay. 
other similar purjioses, may authorize the city treasurer s'""""''''^ etc. 
of said city to issue from time to time, as the mayor of 
said city may request, bonds or certiticates of indebted- 
ness, payable in not exceeding iifty years from their date, 
and bearing interest payable semi-annually at a rate not 
exceeding four per centum per annum, to be fixed by said 
treasurer with the approval of the mayor. 

Section 2. Said treasurer shall sell such bonds or Treasurer to seii 
certificates as issued, arid retain the proceeds thereof in uin'proceetrsin 
the treasury of the city and pay theivfrom the expenses ^^'^ treasury. 
incurred for the purposes aforesaid : provided, hoivever. Proviso. 
that he shall pay over to the board of commissioners of 
the sinking funds of said city any premiums received by 
him in the sale of such bonds or certificates ; and said 
board shall place all amounts so paid by said treasurer in 
the sinking fund for the payment of the loan hereby 
authorized. 

Section 3. Whenever said city shall have authorized street commiB- 

., . . "J r. • 1 sioners with ap- 

tne city treasurer to issue bonds or certificates of indebt- proyaiofthe 
edness, as provided in the preceding sections, the street i^ccirinTei, etc! 
commissioners of said city, with the approval of the mayor, 



2i4 



Acts, 1892. — Chap. 29i. 



To cause to 
recorded in 
registry of 
deeds a de- 
scription of 
lauds taken, 



be 



Damages. 



may take in fee, by purchase or otherwise, such lands of 
a total assessed value not exceeding two thirds of the 
amount so authorized as shall be determined by said city, 
and may agree with the persons owning such lands as to 
the damages to be paid by the city therefor, and said city, 
by such agency as it may determine, shall expend the bal- 
ance of the proceeds of the bonds or certificates of in- 
debtedness remaining after such lands have been paid for, 
in constructing or preparing such lands for use. 

Section 4. Said commissioners shall, within sixty 
days from the time when they shall take any lands under 
this act, cause to be recorded in the office of the register 
of deeds for the county of Suffolk a description of the 
lands so taken, as certain as is required in a common con- 
veyance of land, wnth a statement of the purpose for 
which such lands are taken, said description and state- 
ment to be signed by said board. 

Section 5. The damages for the land so taken shall 
be paid by the city from the proceeds of the bonds or 
certificates hereinbefore provided for, and the city or any 
person whose property is taken, if they cannot agree, as 
hereinbefore provided, upon the damages, may have the 
same determined in the same manner as damages for prop- 
erty taken in laying out highw\ays in said city are 
determined. 

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

Approved May 12, 1892. 

ChCl}).2Q4: ^^ -^^^ '^^ AUTHORIZE THE TOWN OF CLINTON TO INCREASE ITS 
WATER SUPPLY AND TO INCUR INDEBTEDNESS THEREFOR. 

Be it enacted, etc., as foUoivs: 

^"wa''i!'shrc''um^ Section 1. The town of Clinton, .for the purposes pro- 
lake for increase vidcd iu cliaptcr ninetv-eio^ht of the acts of the year ei<jht- 

01 water ' mJ G ^ ./ o 

supply- een hundred and seventy-six and acts ni amendment 

thereof or in addition thereto, is hereby authorized to 
lake and convey into and through said town the waters 
of Waushacum lake in the town of Sterling, and the 
waters flowing into the same, and to take and hold by 
purchase or otherwise any land, and to build and main- 
tain any structures necessary for that purpose. 

Exercise of Section 2. The riijhts, powers and authority given 

rights, power ® . , , . ^^i . 

and authority. l)y^ this act shall be cxcrciscd tor the toAvn of Clinton 
through the same officers as are authorized to exercise the 
rights, powers and authority given by said chapter ninety- 



Acts, 1892. — Chap. 294. • 245 

eight, and the said town shall be entitled to all the rights 
and subject to all the duties and liabilities set forth in 
said chapter, to be enforced in the manner therein provided. 

Section 3. For the purpose of defraying all costs and ciinton water 
expenses incident to the acts herein authorized, including exceed $100,000. 
the imnient for land and water rights taken, the said town 
of Clinton shall have authority to l)orrow from time to 
time such sums of money, and to issue therefor notes, 
bonds or scrip signed by the treasurer and countersigned 
by the chairman of the selectmen, to be denominated the 
Clinton Water Loan, as said town shall deem necessary, 
to an amount not exceeding one hundred thousand dollars, 
upon the same terms and conditions and with the same 
authority in regard to interest and the sale of said notes, 
bonds or scrip, and the payment of the principal thereof, 
and the appropriation and assessment of money for the 
payment of the principal and the interest on the moneys so 
borrowed, as are contained in the fourth section of said 
chapter ninety-eight. 

Section 4. The town of Clinton instead of taking the Town may take 
entire waters of said Waushacum lake may, if it shall so thTwat'erJo'/ 
elect, take apart of said waters. Such election shall be t''" 'aJ^e. etc 
made by the legal voters of said town by a vote declaring 
the quantity or proportion of said waters they propose to 
take, to be passed not less than three months before the 
waters shall be withdrawn from said lake ; with all the 
above granted rights and powers for preserving the purity 
of said waters and for conveying them to the town. And 
in case the said town elects to take only a portion of 
said water as aforesaid it shall be responsible in damages 
for such partial taking only. Notice of the election of the copy of vote of 
town to take the portion of the waters of said lake herein be'^mldTn**^'^ ^"^ 
permitted and prescribed shall be given by filing a copy delde!^ "^ 
of the vote of the town making such election, in the regis- 
try of deeds for the Worcester district of the county of 
Worcester three months before any water shall be with- 
drawn from said lake. 

Section 5. The town of Clinton, at any time not less May take addu 
than five years after exercising the election provided in af°ter'fi*"eTear9, 
the preceding section, and at any subsequent time not less ^'''• 
than five years from a previous election, may, by a vote 
of the town, take for the use of said town from the waters 
of said lake an additional supply, by filing a copy ot said 
vote in the registry of deeds aforesaid three months before 



246 Acts, 1892. — Chap. 295. 

the additional amount shall be withdrawn from said lake, 
with the powers and privileges contained in the second 
section of this act ; and said town shall be liable in dam- 
ages only for the additional amount they ma}' thus elect 
to take. 
fofmelfsu^Jfnr Sectiox 0. It shall be the duty of the town to provide 

water taken to souic reliable means or method of measurinjr and register- 
be provided, etc. . 1 /. • 1 11 1 

ing the amount or water taken irom said lake, such reg- 
ister or record to be accessible at all times to any interested 
parties ; and if the owner of any water rights in the waters 
of said lake shall fail to agree upon the mode of measure- 
ment, the method shall be fixed by one or'more engineers 
to be appointed, upon the application of either party, by 
an}' justice of the supreme judicial court or superior court. 
make" tender for Sectiox 7. In cvcry casc of a claim for damages as 
damages, etc. provided herein the town of Clinton may tender to the 
complainant or his attorney any sum that it shall think 
proper, or may bring the same into court to be paid to 
the complainant for the damages by him sustained or 
claimed in his petition ; and if the complainant shall not 
accept the same, with his costs up to that time, but shall 
proceed in the suit, he shall be entitled to his costs up to 
the time of the tender or such payment into court and not 
afterwards, unless he shall recover greater damages than 
were so offered, and the said town shall be entitled to 
recover its costs afterwards unless the complainant shall 
recover greater damages than were so offered. 
^^ikeeL^r Section 8. This act shall take effect upon its passage ; 
but nothing shall be done nor any expenditure made nor 
liability incurred under the same, except for preliminary 
surveys and estimates, unless this act shall first be accepted 
by vote of two thirds of the legal voters of said town 
present and voting thereon at a legal meeting called for 
that puj'pose within five years from the passage of this act ; 
and the number of meetings called for that purpose in any 
one year shall not exceed two. 

Apjyroved May 12, 1892. 

Chan.295 ^^ ^^^ "^^ establish the salary of the treasurer of the 

COUNTY OF NORFOLK. 

Be it enacted, etc., as follows: 

fieiTeT*^'*^' Section 1. The salaiy of the treasurer of the county 

of Norfolk shall be eighteen hundred dollars a year, to be 



Acts, 1892. — Chap. 206. 247 

so allowed from the first day of January in the year eight- 
een hundred and ninety-two. 

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

Approved May 12, 1892. 

An Act relating to the manufactuue and sale of clothing rjhQj) 296 

MADE IN UNHEALTHY PLACES. 

Be it enacted, etc., as follows: 

Section 1 . Section one of chapter three hundred and _^^g;,dgj' ^ '♦ 
fifty-seven of the acts of the year eighteen hundred and 
ninety-one is hereby amended by striking out the word 
"or", in the fourth line thereof, and by inserting after 
the word "overcoats", in the same line, the following 
words : — or any wearing apparel of an}^ description what- 
soever intended for sale, — and also by adding at the end 
of said section the following words: — and every person 
finishing said garments or articles of wearing apparel in 
any room or place used as a dwelling as aforesaid shall, 
before beginning such work, procure a license approved 
by the chief of the district police, upon the recommenda- 
tion of the inspectors especially appointed for the enforce- 
ment of the provisions of this act, — so as to read as 
follows: — Section 1. Whenever any house, room or Dwelling house 
place used as a dwelling, is also used for the purpose of ,^ manufac^u°rld 
carrying on any process of making, altering, repairing or '^o'^kg'lfo^'^'* * 
finishing for sale any ready-made coats, vests, trousers, 
overcoats or any wearing apparel of any description what- 
soever intended for sale, it shall, within the meaning of 
this act, be deemed a workshop : provided, hoicever, that Proviso. 
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 work- 
shop within this definition ; every such workshop shall be To be kept in a 
kept in a cleanly state and shall be subject to the provi- and gJrmenu 
sions of this section ; and each of said garments made, ^na'jjection. 
altered, repaired or finished for sale in any of such work- 
shops shall be subject to the inspection and examination 
of the inspectors of the district 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 conta- 
gious nature ; and every person so occupying or having Notice to be 
control of any workshop as aforesaid shall, within fourteen prIeior,Vtc.°' 
days from the passage of this act or from the time of be- 



248 



Acts, 1892. — Chap. 296. 



License to be 
procured, etc. 



1891, 357, §3, 
amended. 



Clothing 
shipped to this 
Commonwealth 
to be inspected, 
etc. 



1891, 357, § 4, 
amended. 



Label to be 
attached to 
tenement-made 
clothing. 



ginning work in any workshop as aforesaid, notify the chief 
of the district police or the special inspector nppointed for 
that purpose, of the location of such workshop, the nature 
of the work there carried on and the number of persons 
therein employed ; and every person finishing said gar- 
ments or articles of wearing apparel in any room or place 
used as a dwelling as aforesaid shall, before beginning such 
work, procure a license approved by the chief of the dis- 
trict police, upon the recommendation of the inspectors 
especially appointed for the enforcement of the provisions 
of this act. 

Section 2. Section three of said chapter is hereby 
amended by striking out the word "or", in the fourth 
line, and by inserting after the word " overcoats", in said 
line, the following words: — or any wearing apparel as 
mentioned in section one of this act, — so as to read as 
follows : — Section 3. AVhenever it shall be reported to 
said inspector, or to the chief of the district police, or to 
the state board of health, or either of them, that ready- 
made coats, vests, trousers, overcoats or any wearing 
apparel as mentioned in section one of this act, are being 
shipped to this Commonwealth, having previously been 
manufactured in whole or in part under unhealthy condi- 
tions, said inspector shall examine said goods and the 
condition of their manufacture, and if upon such examina- 
tion said goods or any of them are found to contain ver- 
min, 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 3. Section four of said chapter is hereby 
amended by striking out the word "or", in the second 
line, and by inserting after the word " overcoats ", in said 
line, the following words: — or any wearing apparel, — 
and also by inserting after the word "written", in the 
seventh line, the following words: — the words "Tene- 
ment made ", and, — so as to read as follows : — Section 4. 
Whoever knowingly sells or exposes for sale any ready- 
made coats, vests, trousers, overcoats or any wearing 
apparel, which have been made in a tenement house used 
as a workshop, as specified in section one of this act, shall 
have affixed to each of said gaiments a tag or label, not 
less than two inches in length and one inch in width, upon 



Acts, 1892. — Chap. 297. 219 

■which phall he legihly printed or written, tlie words " Ten- 
ement made ", and the name of the state and the city or 
town where said garment or garments were made. 

Apinoved May 12, 1892. 

An Act to incorporate the konkapot valley railroad com- QJiap.207 

PANT. 

Be it enacted, etc. , as folloios : 

Section 1. Henry L. Langham, James H Lyles, H. {)°,l!:!;X!iiroad 
Dwiirht Sisson, their associates and successors, are hereby company incor- 
made a corporation by the n;ime of the Konkapot Valley 
Kaih'oad Company ; with all the powers and privileges 
and subject to all the duties, restrictions and liabilities set 
forth in the general laws which now are or hereafter may 
be in force relating to railroad corporations. 

Section 2. Said corporation may locate, construct, Location, con- 

structiOD 6tC* 

maintain and operate a railroad, with one or more tracks, 
from some convenient point in or near the village of Mill 
River in the town of New Marlborough, thence running 
southerly along the valley of the Konkapot river through 
said town to the line of the state of Connecticut. 

Section 3. The capital stock of said corporation shall andshiresf'^ 
not exceed one hundred and fifty thousand dollars nor be 
less than fifty thousand dollars, divided into shares of one 
hundred dollars each. 

Section 4. For the purpose of locating, constructing May mortgage 

• 1 •ii'i "" J. its road, etc. 

or equippmg said railroad, said company may mortgage 
its road, equipment and franchise to any amount not ex- 
ceeding ten thousand dollars per mile for every mile of 
its roadbed hereby authorized to be located and con- 
structed. Said mortgage shall be given to secure the 
bonds of said railroad, which shall be issued in conformity 
with the provisions of chapter one hundred and twelve of 
the Public Statutes. 

Section 5. The said railroad company is hereby au- May make 
thorized to make with the Housatonic Kailroad Company, op^erfthig oon- 
a corporation existing under the laws of the state of Con- Jio''c't'ing rLu-''"''' 
necticut, or with any other railroad corporation whose "^oa^Js. 
railroad now or hereafter shall connect with said Konka- 
pot valley railroad as hereafter located, such leases or 
operating contracts as the directors of each corporation 
may agree to, and as may be approved by a majority of 
the stockholders of each at a meeting duly called for the 
purpose. 



250 Acts, 1892.— Chaps. 298, 299, 300. 

wuhrnmo^'^ Section 6. This act shall take effect upon itspassao:e, 

years and con- and shall bccome void unless said railroad is located within 

structed within , , . , . » iv i 

four years. two ycars and constructed within tour years alter the 
passage hereof. Approved May 12, 1892. 

Chap.2QS ^^N Act to establish the salakies of the codntt commis- 
sioners FOR the county OF PLYMOUTH. 

Be it enacted, etc., as follows: 
Hshed''^ ^*"'''' Section 1. The salaries of the county commissioners 
for the county of Plymouth shall be twenty-seven hundred 
dollars a year, to be so allowed from the first day of April 
in the year eighteen hundred and ninety-two 

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

\^The foregoing tvas laid before the Governor on the sixth 

day of May, 1892, and after Jioe days it had the '^'^ force of a 

law," as ptr escribed by the Constitution, as it was not returned 

by Mm with his objections thereto within that time.'] 



Chap 



.299 ^^ ^^"^ AUTHOBIZING the WASHINGTON MILLS COMPANY TO IN- 
CREASE ITS CAPITAL STOCK AND REDEEM ITS PREFERRED STOCK. 



Be it enacted, etc. , as follows : 

^pltiutock! Section 1. The Washington Mills Company is hereby 

authorized to increase its general capital stock to an 
amount not exceeding four million dollars. 

^referrersTo'ck. SECTION 2. Said Company may at any time, with the 
consent of the holders thereof, redeem the whole or any 
part of its preferred stock issued under authority of chap- 
ter eighty-nine of the acts of the year eighteen hundred 

Proviso. and ninety : provided, that no part thereof shall be re- 

deemed at any time when the debts of said company 
exceed the amount of its general capital actually paid in. 
Section 3. This act shall take effect upon its passage. 

Approved May 14, 1892. 

Chan.300 ^^ -^^T relating to the KECOUD and RETURN OF MARRIAGES. 

Be it enacted, etc., as follows: 

f^ended.^ "*' Scctiou twcuty-four of chapter one hundred and forty- 
five of the Public Statutes is hereby amended by insert- 
ing in the third line of said section, after the word 
" make", the words : — and keep, — by strikmg out, m 
the fifth line, the words " by law", by inserting after the 
word " recorded ", in said fifth line, the words : — by sec- 
tion one of chapter thirty-two of the Public Statutes, — 
by striking out the word " each ", in the sixth line of said 



Acts, 1892. — Chap. 300. 251 

section, and inserting; in place tliereof the word : — tlie, — Amendments to 
by striking out all after the word " month", in said sixth i-**. §^^- 
line, to and including the word ♦'solemnized", in the 
tenth line, and inserting in place thereof the following 
words: — following each marriage solemnized by him, 
return each certificate issued under the provisions of sec- 
tions sixteen and seventeen of this chapter, to the clerk 
or registrar who issued the same ; and if the marriage was 
solemnized in a city or town other than the place or 
places in which the parties to the marriage resided, — 
by striking out, in the eleventh line, the words " of the 
record of such marriage ", and inserting in place thereof 
the following words : — of the certificate, or of either cer- 
tificate in case two were issued, — by striking out all after 
the word "town", in the twelfth line, to and including 
the word "places", in the fourteenth line, and inserting 
in place thereof the following words : — in which the mar- 
riage was solemnized. Each certificate and copy so re- 
turned shall contain a statement giving the place and date 
of marriage, and shall be attested by the signature of the 
person who solemnized the same, with his official station 
and residence added thereto, — by striking out the word 
"marriages", in said fourteenth line, and inserting in 
place thereof the words: — certificates or copies, — by 
inserting after the word " registrar", in the fifteenth line, 
the words : — receiving the same, — and by inserting after 
the word "the", in said fifteenth line, the words: — rec- 
ord and, — so as to read as follows : — Section 24. Every Records and 
justice of the peace, minister, and clerk or keeper of the mardageL 
records of a meetinof wherein marriages among Friends or 
Quakers are solemnized shall make and keep a record of 
each marriage solemnized before him, or in such meeting, 
and of all facts relating to the marriage which are required 
to be recorded by section one of chapter thirty-two of the 
Puljlic Statutes. He shall also, between the first and 
tenth davs of the month followiDoj each marriao;e solemn- 
ized by him, return each certificate issued under the pro- 
visions of sections sixteen and seventeen of this chapter, 
to the clerk or registrar who issued the same ; and if the 
marriage was solemnized in a city or towm other than the 
place or places in which the parties to the marriage 
resided, return a copy of the certificate, or of either cer- 
tificate in case two were issued, to the clerk or registrar 
of the city or town in which the marriage was solemnized. 



252 Acts, 1892. — Chaps. 301, 302. 

Each certificate and copy so returned shall contain a state- 
ment giving the place and date of marxiage, and shall be 
attested by the signature of the person who solemnized 
the same, with his official station and residence added 
tiiereto. All certificates or copies so returned shall be 
recorded by the clerk or registrar receiving the same, and 
every person neglecting to make the record and returns 
required by this section shall forfeit for each neglect not 
less than twenty nor more than one hundred dollars. 

Approved May 17, 1892. 

Chap.SOl An Act to authorize the towns of west stockbridge, Rich- 
mond, EGREMONT, SHEFFIELD AND NEW MARLBOROUGH TO 
RECEIVE AID FROM THE STATE TREASURY FOR THEIR SCHOOLS. 

Be it enacted, etc., as follows : 
maTreVeuTaid The uuion of the towns of West stockbridge, Richmond , 
tre^ur^fof^ Egremout, Shefiield and New Marlborough, under chapter 
iheir schools, four hundred and thirty-one of the acts of the year eight- 
een hundred and eighty-eight, for the purpose of employ- 
ing a school superintendent, shall be entitled to receive 
for the present year the state aid provided by said act, 
irrespective of the failure of the town of West Stockbridge, 
by reason of a reduction in the number of its schools, to 
raise the proportionate amount of money required by sec- 
tion three of said act. Approved May 17, 1892. 

ChCip.302 ^^ Act RELATING TO SENTENCES TO TUE MASSACHUSETTS REFORM- 
ATORY. 

Be it enacted, etc., as follows: 
fhTitfassachu- Section 1. Whocvcr is sentenced to the Massachu- 
toryfo'*/°"""' setts reformatory, as provided in section one of chapter 
offences punish- three hundred and twenty-three of the acts of the year 
state prison. eighteen hundred and eighty-six, for an ofl'ence punishable 
by imprisonment in the state prison, may be held in said 
reformatory for a term not exceeding five years, or if 
sentenced for a longer term than five years, may be so 
held for such longer term. 
punishfbiTtn""' Section 2. Whoever is sentenced to said reformatory 
the state prison, fof any offencc that is not punishable by imprisonment in 
the state prison, may be held in said reformatory for a 
term not exceeding two years. 
z^z^S-iS]^^^' Section 3. Sections two and three of chapter three 
hundred and twenty-three of the acts of the year eighteen 
hundred and eighty-six are hereby repealed. 

Approved May 17, 1892. 



Acts, 1892. — Chaps. 303, 304. 253 



An Act relating to the age of persons sentenced to the ni^fj^) '\0'\ 

MASSACHUSETTS REFORMATORY. ^ ' 

Be it enacted, etc., asfolloivs: 

Section five of chapter four hundred and twenty-seven 1891,427, §5, 
of the acts of the year eighteen hundred and ninety-one '""^"''^ • 
is herehy amended by inserting after the word "or", in 
the tifth line thereof, the words: — if such person is not 
above thirty-tive 3'ears of age he may be punished by 
imprisonment, — so as to read as follows: — Section 5. Puniaiimem of 

t ,' • • 1 /• T 1 diuukenness. 

It a male person is convicted ot drunkenness by the vol- 
untary 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, 
if such person is not above thirty-five years of age, he 
may be punished by imprisonment in the Massachusetts 
reformatory, as pnnMded 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 imprisonment in the jail, or in any place 
provided by law for common drunkards, for not more than 
one year, or in the reformatory prison for women for not 
more than two 3'ears : provided, however, that if the per- Pro\i8o. 
son so convicted shall satisfy the court or trial justice, by 
his own statement or otherwise, 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, his 
case may be placed on file. Approved May 17, 1892. 



An Act in addition to an act making appropriations for 
certain expenses authorized the present year, and for 



OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., as follows : 

Sectio'x 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 specitied 
in certain acts and resolves of the present year, and for 
other expenses authorized by law, to wit : — 

For indexing the files and records in the office of the Register of 
register of prol)ate for the county of Hampshire, a sum ^oun^iVf""" 
not exceeding four hundred and fifty dollars, as authorized "^mp^iiire. 
by chapter one hundred and seventeen of the acts of the 
present year, the same to be in addition to the one hun- 



254 



Acts, 1892. — Chap. 304. 



Chief of the 
district police. 



State library, 
index of 
current events. 



First clerk of 
secretary of ihe 
board of 
agriculture. 



State firemen's 
association. 



Right of dis- 
charge of sew- 
age from the 
reformatory 
prison for 
women. 



Executive 
council. 



Luther F. 
Chamberlain. 



Widow of 
Hamilton B. 
Staples. 



dred and fifty dollars appropriated by chapter two of the 
acts of the present 3"ear. 

For the salary of the chief of the district police, a sum 
not exceeding five hundred dollars, as authorized by chapter 
one hundred and twenty-eight of the acts of the present 
year, the same to be in addition to the two thousand 
dollars appropriated by chapter ten of the acts of the 
present year. 

For the preparation for the state library of an index of 
current events, a sum not exceeding one thousand dollars, 
as authorized by chapter one hundred and forty of the 
acts of the present year. 

For the salary of the first clerk of the secretary of the 
state board of aijriculture, a sum not exceedinsj four hun- 
dred dollars, as authorized by chapter one hundred and 
forty-three of the acts of the present year, the same to be 
in addition to the twelve hundred dollars appropriated by 
chapter eleven of the acts of the present year. 

For the Massachusetts state firemen's association, the 
sum often thousand dolhirs, as authorized by chapter one 
hundred and seventy-seven of the acts of the present year. 

For the payment for the right to discharge the sewage 
from the reformatory prison for women into the main 
sewer of the system of sewage disposal in the town of 
Fraraingham, the sum of eight thousand five hundred dol- 
lars, and for the payment of the percentage agreed upon 
by the Commonwe!i,lth tow^ard the cost of maintaining and 
operating said system of sewage disposal, fi'om the first 
day of July in the year eighteen hundred and ninety-one 
to the thirty-first day of December in the year eighteen 
hundred and ninety-two, the sum of nine hundred dollars, 
as authorized by chapter two hundred and eleven of the 
acts of the present year. 

For travelling expenses of the executive council, a sum 
not exceeding five hundred dollars, the same to be in 
addition to the five hundred dollars appropriated by 
chapter eleven of the acts of the present year. 

For Luther F. Chamberlain, the sum of one hundred 
and fifty dollars, as authorized by chapter tw^enty-four of 
the resolves of the present year. 

For the widow of the late Hamilton B. Staples, the 
sum of two thousand and fifty-six dollars and forty-five 
cents, as authorized by chapter twenty-five of the resolves 
of the present year. 



Acts, 1892. — Chap. 304. 255 

For certain improvements at the state almshouse at state aimehouse 
Tewksbiiry, a sum not exceeding eleven thousand dollars, ""^^ * "'^*' 
as authorized by chapter twenty-seven of the resolves of 
the present year. 

For repairs and improvements at the Lvman school fymim school 

/• 1 txr I 1 1 •" 1 tor boys. 

tor boys at Westborough, a sum not exceedmg ten thou- 
sand nine hundred dollars, as authorized by chapter thirty 
of the resolves of the present year. 

For printing the special report of the state board of of^'^e™'"'"'*'" 
agriculture on the work of the extermination of the ocne- moth. 
ria dispar or gypsy moth, the sum of two hundred and 
seventy-five dollars and twenty cents, as authorized by 
chapter thirt^'-one of the resolves of the present year. 

For finishing and furnishing the new dormitory at the state normal 
state normal school at Worcester, a sum not exceeding Worcester. 
six thousand dollars, as authorized by chapter thirty-two 
of the resolves of the present year. 

For certain repairs and improvements at the Taunton Taunton lunatic 
lunatic hospital, a sum not exceeding fifty-five thousand °*^"^ • 
dollars, as authorized by chapter thirty-three of the re- 
solves of the present year. 

For rooms for the use of the civil service commissioners, civii service 
a sum not exceeding five hundred and fifty dollars, as 
authorized by chapter thirt3'-four of the resolves of the 
present year, the same to be in addition to the nine hun- 
dred dollars appropriated by chapter thirty of the acts of 
the present year. 

For Betsey Worthinnton, the sum of two hundred Betsey worth- 
dollars, as authorized by chapter forty-five of the resolves 
of the present year. 

For printing and distributing copies of the map show- Map of con- 
ing the division of the Commonwealth into congressional diBtTkts^' 
districts, a sum not exceeding one hundred and seventy- 
five dollars, as authorized by chapter forty-six of the 
resolves of the present year. 

For the town of Manchester, the sum of two thousand ^"^"jjggt ^ 
two hundred and sevfenty-two dollars and seven cents, as 
authorized by chapter forty-eight of the resolves of the 
present year. 

For repairing damage caused by fire at the state pri- state primary 

11 ^f 1 !i 1 1T11 Bchool at 

mary school at Monson, the sum ot ten thousand dollars, Monson. 
as authorized by chapter forty-nine of the resolves of the 
present year. 

For the enlargement and repair of the state lunatic hos- state lunatic 

hospital at 
Northampton. 



commissioners. 



256 



Acts, 1892. — Chaps. 305, 306. 



pital at Xorthampton, a sum not exceeding fifty thousand 
dollars, as authorized by chapter fifty of the resolves of 
the present year. 

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

Approved May 17^ 1892. 



Correction of 
errors in 
records, etc. 



ChClD.SOB ^^ "^^^ CONCERNING RECORDS OF BIRTHS, DEATHS AND MARRIAGES. 

Be it enacted, etc., as follows: 

Section 1. AVhenever the records of any city or town 
do not contain the facts relating to a birth, death or mar- 
riage which occurred therein, or whenever such facts are 
not fully or correctly stated on such records, the clerk or 
registrar of such city or town may receive a deposition, 
under oath, containing such facts as are desired for record, 
and shall then file said deposition and record said facts in 
a book to be kept for that purpose, stating in addition 
thereto the name and residence of the deponent and the 
date of such record. The clerk or registrar shall keep 
such book separate and apart from the official records of 
his office, and may certify to the facts contained therein : 
2Jrovided, however, that such certificate shall state in addi- 
tion to all the facts so recorded that the certificate is 
issued in accordance with the provisions of this act. 
Correction of Sectiox 2. A clcrlv or rcoistrar shall not alter or 

clerical errors, , , i ,• f ^ ^ 

and making of ameucl the I'ccord of any former clerk or registrar, nor 
new copies. ^^^^ record made while he is in office, except to correct a 
clerical error made by himself or some person under his 
direction. Whenever it is deemed expedient to make a 
new copy of any earlier records, each page shall be veri- 
fied and signed by the clerk or registrar, and such record 
while preserved in proper custody shall have the same 
force and effect as the oriirinal record. 



Penalty for 
false return. 



Section 3. Any person who shall make a false return 
in regard to any birth or death shall be liable to a fine not 
exceeding fifty dollars. Approved May 17, 1892. 



ChClB.SOQ ^^ ^^^ ^^ AUTHORIZE THE PROPRIETORS OF OAK GROVE CEME- 
TERY ASSOCIATION TO CONVEY ITS PROPERTY TO THE TOWN OF 
PLYMOUTH. 

Be it enacted, etc. , as follows : 

J^roper°ty7o^the "^^^^ proprietors of the Oak Grove cemetery association 

town of at a meeting called for the purpose, by notice published 

^"'°" ■ in the newspapers called the Old Colony memorial and 



Acts, 1892. — Chaps. 307, 308. 257 

Plymouth iVee press at least seven days before said meet- 
ing, may, by a two thirds vote of those present and voting, 
authorize the trustees of said association or a majority 
of the same, to convey to the inhabitants of Plymouth 
in their corporate capacity all the right, title and interest 
in and to all the lands, buildings and other property 
belonging to said association. The principal or income of 
any property which may be now or hereafter payable to 
said Oak Grove cemetery association or its authorities 
shall be paid under the same terms and conditions to the 
said inhabitants. Approved May 17, 1892. 



Chapmi 



An Act to change the name of the protestant German evan- 
gelical PARISH IN PITTSFIELD. 

Be it enacted, etc., as follows: 

Section 1. The name of the Protestant German Evan- Name changed, 
gelical Parish in the city of Pittsfield is hereby changed 
10 the Zion's Evangelical Lutheran Church. 

Section 2. All devises, bequests, conveyances and fZ/'f^^v®'"' *° 
gifts heretofore or hereafter made to said corporation by zion-s 
either of said names shall vest in the Zion's Evangelical Luthfran* 
Lutheran Churclr. ^^"'■'=^- 

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

Ap>proved May 17, 1892. 



Chap.S08 



An Act to confirm the proceedings of certain town meet- 
ings OF the town of ttngsborough. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of the special town meet- Proceedings of 
ing of the town of Tyngsborough held on the twenty-first confirmed.'"^ 
day of March in the year eighteen hundred and ninety-two, 
to see if the said town would accept the provisions of chap- 
ter three hundred and eighty-six of the acts of the year 
eighteen hundred and ninety, shall not be invalid for the 
reason that the tellers were not sworn as provided by 
law. 

Section 2. The proceedings of the annual town meet- Proceedingg 
ing of the town of Tyngsborough for the election of town °°^ 
officers, held on the fourth day of April in the year eight- 
een hundred and ninety-two, shall not be invalid for the 
reason that the meeting was dissolved before the votes for 
certain town officers had been completely counted, can- 
vassed and declared. 

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

Approved May 17, 1892. 



258 



Acts, 1892. — Chap. 309. 



May construct, 
maintain and 
use railway in 
Weymouth. 



Proviso. 



OA«1).309 ^^ ^CT TO AUTHORIZE THE QDINCY AND BOSTON STREET RAILWAY 
COMPANY TO LOCATE ITS TRACKS IN THE TOWNS OF WEYMOUTH 
AND MILTON, AND IN A CEKTAIN PORTION OF THE CITY OF BOSTON. 

Be it enacted, etQ.^ asfolloivs: 

Sectiox 1. The Qiiincy and Boston Street Railway 
Company is hereby authorized to construct, maintain and 
use a railway, with convenient single or double tracks, 
upon and over such streets, highways and bridges in the 
town of Weymouth as shall be from time to time fixed 
and determined by the selectmen of said town : provided, 
Jioivever, that if the Weymouth and Hingham Street Kail- 
way Company shall, on or before the first day of May of 
the current year, commence the construction of its railway 
from the boundary line of the cit}^ of Quincy, upon the 
bridge over Weymouth Fore river to North street in the 
town of Weymouth, and shall substantially construct and 
put in operation its railway between said points prior to 
the first day of June of the current year, tln-n the Quincy 
and Boston Street Railway Company shall not make any 
application to the selectmen of the town of Weymouth for 
a Iccation of tracks ; and in no event shall any application 
be made until after the first day of said May ; but if the 
Weymouth and Hingham Street Railway Company shall 
fail to comply with any of the provisions al)0ve set forth, 
at the times aforesaid, then the Quincy and Boston Street 
Railway Company shall have the right to immediatelj^ 
make application to said selectmen for locations in that 
portion of the town of Weymouth known as North Wey- 
mouth, but shall not in any event make applications for 
locations in other portions of the town of AYeymouth until 
after the first day of October in the year eighteen hundred 
and ninety-two. 

Section 2. The Quincy and Boston Street Railway 
Company is hereby authorized to construct, maintain and 
use a railway, with convenient single or double tracks, 
upon and over such streets and highways in the town of 
Milton as shall be from time to time fixed and determined 
by the selectmen of said town of Milton. 

Section 3. Said Quincy and Boston Street Railway 
Company is hereby authorized, with the consent of the 
board of aldermen of the city of Boston, to locate, con- 
struct and operate a street railway from the boundary line 
of the city of Quincy, on the Neponset bridge, so-called, 



May construct, 
maintain and 
use railway in 
Milton. 



May locate, 
construct and 
operate railway 
on Neponset 
bridge, etc. 



Acts, 1892. — Chap. 310. 259 

along and over said bridge and along and over Neponset 
avenue to Minot Street in said city of Boston. 

Section 4. Said Quincy and Boston Street Railway Railway not to 
Coni[>any shall not in said towns of Weymouth and Mil- rafiromutgrui^ 
ton and in the city of Boston, locate or construct its road ^/Ihe'raiiroad" 
or tracks at grade across the location or tracks of any commissioners. 
steam railroad company, without the consent of the board 
of raiU"oad commissioners. 

Sectiox 5. Said Quincy and Boston Street Railway Powers and 
Company, respecting the railway hereby authorized to be " '*^*' '^^^' 
constructed and maintained, shall have all the powers and 
privileges and shall be subject to all the duties, liabilities 
or restrictions set forth in the general laws relating to 
street railway companies. 

Section 6. The provisions of sections one, three and Construction, 

, , t _ ' etc., to be 

four of this act shall become void, so far as relates to the commenced 
rights of said Quincy and Boston Street Railway Company si, is94. 
in either of said towns or the city of Boston, in which said 
Quincy and Boston Street Railway Company shall have 
failed to commence the construction or operation of its 
railway prior to the thirty-first day of December in the 
year eighteen hundred and ninety-four. 

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

Approved May 17, 1892. 



ChapmO 



An Act to incorpokate the methuen water company. 
Be it enacted, etc., as follows : 

Section 1. Charles H. Tenney, William R. Rowell, Methuen water 
Daniel W. Tenney, Charles W. Mann, George W. Tenney incorporated. 
and J. ^Nlilton Tenney, their associates and successors, are 
hereby made a corporation by the name of the Methuen 
Water Company, for the purpose of supplying the inhalji- 
tants of Methuen with water for the extinguishment of 
fires and for domestic, manufacturing and all other pur- 
poses ; with all the powers and privileges and subject to 
all the duties, restrictions and liabilities set forth in all 
general laws which now are or may hereafter be in force 
applicable to such corporations. 

Section 2. The said corporation, for the purposes May take water, 
aforesaid, may lease, take, acquire by purchase or other- umurof'the'^^ 
wise, and hold, the waters of any pond, stream, well or *°"'"- 
spring within the limits of said town of Methuen or any 
other waters at any point in said Methuen, and all the 
water rights connected therewith ; and obtain and take 



260 Acts, 1892. — Chap. 310. 

water by means of bored, driven, artesian or other wells, 
on any land within the limits of said town of Methuen, 
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 easements necessary for holding 
and preserving such water and for conveying the same to 
May erect damB, any part of Said town; and may erect on the land thus 
tioDB, etc. taken or held, proper dams, buildings, fixtures and other 

structures ; and may make excavations, procure and oper- 
ate machinery, and provide such other means and appli- 
ances as may be necessary for the establishment and 
maintenance of complete and effective water works ; and 
May construct may construct and lay down conduits, pipes and other 

and lay down ■• ■, ■, -, . •^ ■> 

conduits, etc. works, uucler or over any lands, water courses, railroads, 
or public or private ways, and along any such ways in 
such manner as not unnecessarily to obstruct the same ; 
and for the purpose of constructing, maintaining and 
repairing such conduits, pipes and other works, and for 
all proper purposes of this act, said corporation may dig 
up an}^ 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. 
Jegistry^of " '° Section 3. The Said corporation shall, within sixty 
deeds a descrip. clays after the taking of any lands, rio^hts of way, water 

tion of the land, . •' o J '^ • i i i 

etc., taken. rights, watcr sources or easements as atoresaid, other than 
by purchase, file and cause to be recorded in the registry 
of deeds for the northern district of the count^^ of Essex 
a description thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same were 
taken, signed by the president of the corporation. 

damT|e°8.^°'^ Section 4. The said corporation shall pay all damages 

sustained by any person in property by the taking of any 
land, right of way, water, water source, water right or 
easement, or by any other thing done by said corporation 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act, who fails to agree 
with said corporation as to the amount of damages sus- 
tained, 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 au- 



Acts, 1892. — Chap. 310. 261 

thority of this act ; but no such application shall be made 
after the expiration of said three years. No application No application 
for assessment of damages shall be made for the taking of be^uiuTe'^umir 
any water, water right, or for any injury thereto, until t'lkl^il.'* ""'"""^ 
the water is actually withdrawn or diverted by said corpo- 
ration under the authority of this act. 

Section 5. The said corporation may distribute the May fix and 
water through said town of Methuen ; may regulate the met^et^?^*'^ 
use of said water and fix and collect the rates to be paid 
for the use of the same ; and may make such contracts 
with the said town or with any fire district that is or may 
hereafter be established therein, or with any individual or 
corporation, to supply water for the extinguishing of lire 
or for any purposes, as may be agreed upon by said town 
or such fire district, individual or corporation, and said 
corporation ; and may establish public fountains and 
hydrants, relocate and discontinue the same. 

Section 6. The said corporation may, for the pur- Real estate; 
poses set forth in this act, hold real estate not exceeding and shade's! 
in amount twenty thousand dollars ; and the whole capital 
stock of said corporation shall not exceed one hundred 
thousand dollars, to be divided into shares of one hundred 
dollars each. 

Section 7. Whoever wilfully or Avantonl}^ corrupts. Penalty for 
pollutes or diverts any of the waters taken or held under drvenlng water, 
this act, or injures any structure, work or other property, ***'• 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wanton 
acts shall be punished by a fine not exceeding three hun- 
dred dollars or by imprisonment not exceeding one year. 

Section 8. The said corporation may issue bonds and ^c^'reTby'""'^* 
secure the same by a mortgage on its franchise and other mortgage, etc. 
property to an amount not exceeding its capital stock 
actually paid in. The proceeds of all bonds so issued shall 
only be expended in the extension of the works of the 
company and for the payment of expenditures actually 
made in the construction of the works, over and above 
the amount of the capital stock actually paid in. 

Section 9. The town of Methuen shall have the riirht Town may 

, ,. , , 1 • 1 /> purchase, etc., 

at any time to take, by purchase or otherwise, the tran- property at any 
chise, corporate property and all the rights and privileges ""®''"'* 



262 



Acts, 1892. — Chap. 310. 



Statement of 
receipts and 
expences to he 
annually made 
to the town. 



of said corporation, on payment to said corporation of the 
actutil cost of its franchise, works and property of all 
kinds held under the provisions of this act, inchiding 
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. If the cost of main- 
taining and operating 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 liy said corporation exceeds in any year 
the cost of maintaining and operating said works for that 
3^ear, then such excess shall be deducted from the total 
cost. An itemized statement of the receipts and expen- 
ditures of the said corporation shall be annually submitted 
to the selectmen of the town of Methuen, and by said 
selectmen to the citizens of said town. If said corpora- 
tion has incurred indebtedness, the amount of such indebt- 
edness outstanding at the time of such taking shall be 
assumed by said town and shall be deducted from the 
amount required to be paid by said town to said corpora- 
tion under the foregoing provisions of this section. This 
authority to purchase such franchise and property is 
granted on condition that the purchase is assented to by 
said town by a two thirds vote of the voters of said town 
present and voting thereon at a meeting legally called for 
that purpose. 
KTtm"'" Section 10 The said town may, for the purpose of 
exceed $100,000. paying the cost of said corporate property and the neces- 
sary expenses and liabilities incurred under the provisions 
of this act, issue from time to time, bonds, notes or scrip 
to an amount not exceedinof in the ao:o:reo:ute one hundred 
thousand dollars ; such bonds, notes and scrip shall bear 
on their face the words, Methuen ^Vater Loan ; shall be 
payable at the expiration of periods not exceeding thirty 
years from the date of issue ; shall bear interest, payable 
semi-annually, at a rate not exceeding six per centum per 
annum, and shall be signed by the treasurer of the town 
and countersigned by the water commissioners hereinafter 
provided for. The said town may sell such securities at 
public or private sale or pledge the same for money bor- 
rowed for the purposes of this act upon such terms and 
Sinking fund to couditious US it mav deem proper. The said town shall 
provide at the time of contracting said loan for the estab- 



be established. 



Acts, 1892. — Chap. 310. 2G3 

lishmcnt of a sinkinir fund, and shall annually contribute to 
such fund a sum sulliciont with the accun*iulations 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. 

Section 11. The said town instead of establishing a May provide for 
sinking fund may, at the time of authorizing said loan, annlTrfiVopor- 
provide for the payment thereof in such annual proi)or- ^en^a^^"^" 
tionate payments 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 loan shall be 
extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 

Section 12. The return required by section ninety-one statement of 
of chapter eleven of the Public Statutes shall state the fn™°fund!etc.° 
amount of any sinking fund established under this act, '°*^emade. 
and if none is established whether action has been taken 
in accordance with the provisions of the preceding section, 
and the amounts raised and applied thereunder for the 
current year. 

Section 13. The said town shall raise annually by tax- To raise by tax. 

,• I'l •A^ At • -I ' 1 £• ii ation sutflcient 

ation a sum which, with the income derived irom the with income 
water rates, will be sufficient to pay the current annual [o^p^y'^e^'penslst 
expenses of operating its water works and the interest as '^''^• 
it accrues on the bonds, notes and scrip issued as afore- 
said by said town, and to make such contributions to the 
sinking fund and payments on the principal as may be 
required under the provisions of this act. 

Section 14. The said town shall, after its purchase of ^ommiBfi^ers'- 
said corporate property as provided in this act, at a legal powers and 
meeting called for the purpose elect by ballot three per- 
sons to hold office, one until the expiration of three years, 
one until the expiration of two years and one until the 
expiration of one year from the next succeeding annual 
town meeting, to constitute a board of water commission- 
ers ; and at each annual town meeting thereafter one such 
commissioner shall be elected by ballot for the term of 
three years. All the authority granted to the said town 
by this act and not otherwise specially provided for shall 
be vested in said board of water commissioners, who shall 



264 



Acts, 1892. — Chap. 311. 



To be truBtees 
of the sinkiDg 
fund. 



Security maybe 
required for 
payment of 
damages, etc. 



be subject however to such instructions, rules and regu- 
lations 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 rela- 
tive both to the water works and the sinking fund. An}' 
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 15. The county commissioners for the county 
of Essex shall, upon application of the owner of any land, 
water or water rights taken under this act, require said 
corporation to give satisfactory security for the payment 
of all damages and costs which may be awarded such 
owner for the land or other property so taken ; but pre- 
vious to requiring such security the said county commis- 
sioners shall, if application therefor is made by either 
party, make an estimate of the damages which may result 
from such taking ; and the said county commissioners 
shall in like manner require further security if at any time 
the security before required appears to them to have 
become insuflScient ; and all the right or authority of said 
corporation to enter upon or use such land or other prop- 
erty, except for the purpose of making surveys, shall be 
suspended until it gives the security required. 

Section 16. This act shall take effect upon its passage, 
but shall become void unless work under this act is com- 
menced within three years from the date of its passage. 

Approved May 17, 1892. 

ChdJJ.'dW ^^ ^^^ RELATIVE TO THE ABOLITION OF CERTAIN GRADE CROSS- 
INGS IN THE CITY OF NORTHAMPTON. 

Be it enacted, etc. , as follows : 

Section 1. In the proceedings now pending in the 
superior court for the abolition of certain grade crossings 
in the city of Northampton, no change shall be made in 
the grade of the public ways in said city where the same 
are now crossed by one or more railroads at grade, with- 
out the consent of the city council of said city expressed 
by vote thereof duly recorded. 

Section 2. Before the court or any justice thereof 
shall make a final decree in said case a copy of such vote 
certified by the city clerk shall be filed in said case. 

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

Approved May 18, 1892. 



Work to be 
commenced 
within three 
years. 



No change to be 
made in grade 
of public ways 
■without consent 
of the city 
council. 



Copy of vote to 
be curtitled to 
the court. 



Acts, 1892. — Chaps. 312, 313. 265 

An Act relating to the abolition of grade crossings. C//a79.312 
Be it enacted, etc., asfolloivs: 

Section 1. Section four of chapter four hundred and amendld.^*' 
twenty-eight of the acts of the year eighteen hundred and 
ninety is hereby amended by striking out in the eighth 
line thereof, the words " directors of the company", and 
inserting in place thereof the words : — railroad commis- 
sioners, so as to read as follows : Section 4. If the Discontinuance 

commission decide that any portion of an existing public gia^" of^way or 
way should be discontinued it shall so specify, and it '"'"''^°^'^- 
shall further specify the grades for the railroad and the 
public way or ways and the general method of construc- 
tion, and also what land or other property it deems 
necessary to be taken : provided, hoivever, that if such Proviso. 
decision involves a change in the grade of the railroad, the 
consent of the railroad commissioners to such change of 
grade shall first be obtained. Said commission shall forth- J^^frai^aion- 
with return said decision into the said superior court. The ciiange of lo'ca- 
decree of the court confirming the decision of the commis- or public way. 
sion shall be final and binding. If the commission decides 
that the location of the railroad or of the public way shall be 
changed, the decree of the court confirming such decision 
shall constitute a taking of the specified land or other 
property ; and it shall be the duty of the clerk of said 
court, within thirty days after the making of said decree, 
to cause a copy of such decision and decree to be filed 
with the county commissioners of the county or counties 
in which the land or other property taken and the crossing 
are situated, and also to be recorded in the registry of 
deeds for the counties and districts in which such land, 
property and crossings are situated, and also to be filed 
with the auditor of the Commonwealth. Said taking shall 
be deemed to be a taking by the city or town if the land 
is to be used for a public way, or by the railroad com- 
pany if the land is to be used by the railroad. 

Section 2. This act shall apply to any case now pend- To apply to 

L L J J I pending cases. 

ing under said chapter. 

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

Approved May 19, 1892. 



CAaj9.313 



An Act relating to the identification of criminals. 
Be it enacted, etc., as folloivs : 

Section 1. The commissioners of prisons may send Measurements 

i ,1 !•/•/» 1. r> 1 • r. /-Ni • . 1 and descriptions 

to the chiei ot police oi the city oi Chicago in the state of certain 



266 Acts, 1892. — Chap. 314. 

profpfisionai of Illinois, to be placed in the bureau of identification 

cnmuials may • ,i ■. n , , . . 

be sent to the in tliut citj, all measurements and descriptions that can 
of chicago/m. bc obtained of professional criminals who have been dis- 
charged from the prisons of this Commonwealth since the 
first day of July in the year eighteen hundred and ninety, 
or who may be discharged from such prisons prior to the 
first day of November in the year eighteen hundred and 
ninety-three. 
^c?may°be' SECTION 2. Said commissioiiers may send to any 

sent to any national bureau of identification that shall be established 

national bureau j. ,, c ^ • • c .• t j >i 

of identification. lor the purposc 01 exchanging iniormatioii according to the 
method of identification commonly known as the Bertillon 
system, the measurements and descriptions of all prison- 
ers in this Commonwealth who have been or shall be here- 
after measured undor such system. 
niayexpend*" Section 3. Said coiiimissioners may expend a sum 
^-'^"- not exceeding two hundred dollars to carry out the pur- 

poses named in section one of this act. 

Approved May 19, 1892. 

Chan.314i ^^ -^^^ concerning the city registrar of the city of boston. 
Be it enacted, etc., as follows : 

ZVSnlldiu Section 1. The mayor of the city of Boston shall 
Boston, etc. appoiut, subjcct to Confirmation by the board of aldermen 
of said city, a city registrar, who shall have charge of the 
registry department of said city and shall have all the 
powers and perform all the duties appertaining to regis- 
trars of cities provided for in section sixteen of chapter 
thirty-two of the Public Statutes ; and said city may from 
time to time assign to said city registrar any other duties. 
Chapter two hundred and sixty-six of the acts of the year 
eighteen hundred and eighty-five and chapter four hundred 
and eighteen of the acts of the year eighteen hundred and 
ninety, and all other acts relating to departments of the 
city of Boston and officers in charge thereof, shall apply 
to said registry department and to said city registrar. 
Two assistant SECTION 2. The Said citv registrar shall, from his 

city registrars to it • . ~ . . 

be appointed, suborduiatcs, appomt two assistant city registrars, who 
may, in the absence of the city registrar, perform his 
duties ; and the certificates or attestations of either assist- 
ant city registrar shall have the same force and effect as 
that of the city registrar ; said city registrar may pay, 
out of any funds received by him, the fees due to persons 
making returns under the requirements of law, and shall 



etc 



Acts, 1892. — Chaps. 315, 31G. 2G7 

on or before the twentieth of each month transmit the 
accounts and vouchers for all funds so received and fees 
so ])aid to the city auditor. 

Section 3. The duties imposed upon the clerks of pJJ.formed'by 
cities or towns under sections fourteen and fifteen of pyf;*'c?i'4 
chapter thirty-seven of the Public Statutes shall in Bos- i5. 
ton be performed by the city registrar. 

Section 4. Said city may from time to time, by ordi- ^nd^pLlierTmay 
nance, direct the head of any department, including the Replaced in 

^^ ciiiir&rc of rcKis- 

city clerk, to place in charge of the city registrar any of trar, etc. 
the ]>ooks or papers of such department bearing date prior 
to the year eighteen hundred and seventy-five, and may 
in like manner direct their return. 

Sections. In the city of Boston the penalties or Recovery of 
forfeitures established by section seventeen of chapter ^*'°'' '^^' ^ ''' 
thirty-two of the Public Statutes, or by acts supplementary 
thereto, shall be recovered on complaint, in the same 
manner as penalties for breaches of the ordinances of said 
city, and all fines paid on such complaints shall enure to 
said city for such uses as it may direct. 

Approved May 19, 1892. 

Ax Act to confirm certain proceedings of the annual meet- QJiaYt 315 

ING of the town of NEWBURY. 

Be it enacted, etc., as follows: 

The action of the annual town meeting; of the town of r''°'=^®'^'°?* °^ 

^ p ^ town meeting 

Aewbury held on the first day of March in the year eight- confirmed. 
een hundred and ninety-two, in authorizing the construc- 
tion of a wharf over tide water at a public landing of said 
town situated on the River Parker, for the use of its citi- 
zens and at the public expense, is hereby ratified and 
confirmed ; and no such action at said town meeting shall 
be deemed invalid. Ajwoved May 19, 1892. 

An Act relating to cards of instructions and specimen bal- ni^nir^ ^1 R 

LOTS FOR STATE AND CITY ELECTIONS. ^' 

Be it enacted, etc. , as follows : 

The cards of instructions and specimen ballots for state Cards of 
and city elections shall be sent in separate packages, with ^"^^"""on and 
the sealed packages of ballots furnished for the use of 
voters. The presiding or senior election officer present 
shall cause such cards and specimen ballots to be posted 
before the opening of the polls on the day of election. 

Approved May 19, 1892. 



specimen 
ballots. 



268 Acts, 1892. — Chaps. 317, 318. 



Chap.317 ^^ ^^^ "^^ ADTHORIZE THE TOWN OF WENHAM TO REFUND ITS 
DEBT AND ISSUE BONDS OR NOTES THEREFOR. 

Be it enacted, etc., as follows: 

i^debw^DMB Section 1. The town of Wenham, for the purpose of 

and issue bonds refundinsr its existino; indebtedness, may issue bonds or 

therefor. ~ ^ 'J 

notes therefor to an amount not exceeding three thousand 
dollars, payable at periods not exceeding ten years from 
the date thereof. Said bonds or notes shall bear interest 
payable semi-annually at a rate not exceeding six per cen- 
tum per annum and may be sold or negotiated at public 
or private sale upon such terms and conditions as said 
town may deem proper. 
mentTtJ'be' Section 2. Said town shall at the time of authorizing 

provided for. gaid loau providc for the payment thereof in such annual 
payments as will extinguish the same within the time pre- 
scribed in this act. 
Pro^visiOTs^of ^^ Section 3. The provisions of chapter twenty-nine of 
apply. ' ' the Public Statutes and the acts amendatory thereof shall 
in all other respects apply to the issue of said bonds or 
notes. 

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

Approved May 19, 1892. 

0^^19.318 ^^ ^^^ "^^ PROVIDE FOR THE LICENSING AND REGULATING OP 

BOARDING HOUSES FOR INFANTS. 

Be it enacted, etc. , as folloivs : 

housel'for Section 1. No pci'son shall maintain a boarding house 

infants to be for iufauts uulcss licensed by the state board of lunacy 
Penalty." and cliaHty. Whoever violates the provisions of this sec- 

tion shall be punished by fine not exceeding one hundred 
dollars or by imprisonment not exceeding one year, or by 
both such fine and imprisonment. 
What to be Section 2. Whoever shall, for hire, gain or reward, 

deeraed a ' ' o ' 

boarding house havc in his custody or control at one time more than one 

for infants. •/•jii/« jiii 

mrant under the age ot two years, unattended by a parent 
or guardian, exclusive of infants related by blood or mar- 
riage to the person having such custody or control, for 
the purpose of providing care, food and lodging for such 
infants, shall be deemed to maintain a boarding house for 
Proviso. infants within the meaning of this act : provided, that if 

in any prosecution under this act the defendant relies 
upon the relationship of any of said infants to himself in 



Acts, 1892. — Chap. 318. 269 

defence, the burden shall be upon said defendant to prove 
said relationship. 

Section 3. The state board of lunacy and charity may Licenses, 
grant licenses to maintain boarding houses for infants, app°rovfi'and 
and may revoke such licenses in its discretion. Every '■'^v°'=a'i°"- 
application for such license shall first be approved by the 
board of health of the place, except the city of Boston, 
in which such boarding house is to be maintained. The 
state board of lunacy and charity and boards of health p°gPj^fge8.° °^ 
of cities and towns, except the city of Boston, shall 
annually, and may at all times, visit and inspect premises 
so licensed, and may at any time designate any person 
to tisit and inspect said premises. 

Section 4. Such licenses shall be granted for a term Licenses, term, 
not exceeding one year and a record thereof shall be kept tents, etc?" 
by said state board, which shall forthwith notify the board 
of health of the place in which the licensee resides that 
such license has been granted, with the terms thereof. 
Every such license shall set forth the name of the licensee, 
the particular premises in which the business may be 
carried on, and the number of infants permitted to be 
boarded at one time in such premises, and shall if so 
required by the state board be posted in a conspicuous 
place in such premises, and the number of infants speci- 
fied in such license shall in no case be exceeded. No 
license issued as aforesaid shall authorize the holder 
thereof to keep an infant in any building or place other 
than that designated in the license. 

Section 5. Every licensee as aforesaid shall keep a Record to be 

, ij'i ^ • y n i kept by licensee. 

true and particular record, in such lorm as may be pre- 
scribed by the state board, of every infant received, which 
record shall include the date of the receiving of such 
infant, the name and address of the person from whom 
such infant is received, the date of its discharge and the 
name and address of the person to whom it is discharged. 

Section 6. When such license is revoked the state Revocation of 
board of lunacy and charity shall note the revocation upon 
the face of the record of the license, and shall give written 
notice of such revocation to the holder of the license, by 
delivering the same to him in person or leaving it at the 
place of business designated in the license. 

Section 7. Any person receiving under his care or Notice to be 
control, or placing under the care or control of another, fecervingan"°° 
for compensation, an infant under two years of age not '"^''"'' 



270 



Acts, 1892. — Chap. 318. 



Proviso. 



Action to be 
taken on such 
notice. 



Penalty for 
failing to give 
notice, etc. 



Penalty for 
giving an infant 
under two years 
of age for pur- 
pose of its being 
placed under 
coiitrol, etc. 



related by blood or marriage to the person receiving such 
infant, shall within two days after such reception give 
notice to the state board of lunacy and charity of such 
reception and its terms, with the names, ages and resi- 
dences of such infant and of its parents, and of such per- 
sons, so far as known, to the person giving such notice : 
provided^ however, that any person i-eceiving such an infant 
from the overseers of the poor of any city or town, or 
from the commissioners of public institutions of the city 
of Boston, or from any charitable institution incorporated 
by law within this Commonwealth, shall be required to 
report in such notice to said state board only the name 
and age of such infant and the name and location of 'the 
board or institution from which such infant is received. 

Section 8. Said state board, on receiving such notice 
or any information of such reception, may forthwith cause 
all the circumstances of the case to be investigated, and 
may make such recommendations, if any, as it shall deem 
expedient, to such persons in regard to the care and 
custody of such infant ; and if the same are not complied 
with may, if it shall deem expedient, forthwith make 
application to any justice of the supreme judicial, superior, 
police, district or municipal courts, or to the judge of any 
probate court to make and enforce such orders in regard 
to the care, custody, protection and maintenance of such 
infant as such justice or judge shall deem for the best 
interest of such infant, and as are not inconsistent with 
law; and such justice or judge may, on such notice to 
such parents and persons as said court shall order, then 
and from time to time make and enforce such orders. 

Section *d. Any person neglecting to give such notice 
to said state board, or refusing to give such information 
as it shall request, or refusing to obey such orders of 
such justice or judge, shall, upon complaint of a duly 
authorized agent of the said state board, be punished by 
imprisonment in the house of correction for not exceed- 
ing one year or by fine not exceeding one hundred dollars, 
or by both such imprisonment and tine. 

Section 10. Whoever gives to any person an infant 
under two years of age for the purpose of placing such 
infant, for hire, gain or reward, under the permanent 
control of another person shall be deemed guilty of the 
abandonment of such infant, and upon conviction thereof 
shall be punished by imprisonment, if a man, in the house 



Acts, 1892. — Chap. 318. 271 

of correction, and if a woman, in the reformatory prison 
for women, not exceeding two years. 

Section 11. AVhoever for hire, gain or reward J^JcSi^such 
receives from any person an infant under two years of age iffunt. 
for the purpose of placing such infant under the permanent 
control of any other person shall be deemed guilty of 
aidins: and abetting the abandonment of such infant, and 
upon conviction thereof shall be punished by fine not 
exceeding one hundred dollars or by imprisonment not 
exceeding two years in the house of correction. 

Section 12. The provisions of sections ten and ^jong'n^ofto" 
eleven of this act shall not apply to the state board of apply to certain 
lunacy and charity, the overseers of the poor of any city tions, etc 
or town, the commissioners of public institutions of the 
city of Boston, any charitable institution incorporated by 
law, or any duly authorized officers or agents of the 
same. 

Section 13. Whoever receives from any person the Adoption of 
care and custody of an infant less than two years old for ^" ''" ^'^^'^' 
the purpose of adopting, giving a home to or procuring 
a home or adoption for such infant, shall before receiving 
the same correctly ascertain the true name, age and birth- 
place of such infant, with the true name and re^^idence of 
the parent or parents of such infant, and shall keep a care- 
ful record of the same, with the date of such reception. 
He shall forthwith upon the reception of said infant give 
notice in writing of such reception to the state board of 
lunacy and charity, and when and as requested by said 
state board shall give such information and render such 
reports concerning such infant as said state board may 
require ; and within two days after the discharge of such 
infant shall give notice in writing to said state board of 
the discharge and disposal of such infant. Said state 
board shall have power to make investigation of all mat- 
ters pertaining to the case, and, at any time previous to 
a decree of adoption by a probate court, to remove to the 
custody of said state board any such infant whenever in 
the judgment of said state board such removal is for 
the public interest and necessary for the protection of the 
infant. 

Section 14. The parents, surviving parent or guar- chiid under 
dian of an}'- infant under three years of age, if unable to Lg'e^'mirbe °^ 
support such infant, may, upon personal application to ^|'\'he''boa'i^d'*or 
the state board of lunacy and charity and with the consent '""acyaud 

^ '' chanty, etc. 



272 



Acts, 1892. — Chap. 319. 



Mother of an 
illegitimate 
infant may 
place it in care 
of the board, 



Repeal. 



To take effect 
June 1, 1892. 



of said state board, place such infant in charge of said 
state board by an instrument in writing ; and said state 
board may receive such infant if said state board deem 
such action to be for the public interest, and shall there- 
upon have the custody of such infant in the same manner 
and to the same extent as if such infant were committed 
thereto by a court or magistrate under the provisions of 
section three of chapter one hundred eighty-one of the 
acts of the year eighteen hundred and eighty-two and acts 
amendatory thereof. 

Section 15. The mother of an illegitimate infant 
under two years of age, who is a resident of this Common- 
wealth and who has previously borne a good character, 
may, upon personal application to the state board of lu- 
nacy and charity and with the consent of said state board, 
give up such infant to said state board for the purpose of 
adoption, such giving up to be made by an instrument in 
writing signed by the mother ; and said state board may 
in its discretion and on such conditions as it may impose 
receive such infant and provide therefor if said board deem 
such action to be for the public interest ; and such giving 
up shall operate as a consent to any adoption subsequently 
approved by said state board. 

Section 16. Chapter four hundred and sixteen of the 
acts of the year eighteen hundred and eighty-nine, and so 
much of section three of chapter two hundred and seventy 
of the acts of the year eighteen hundred and eighty-two 
as requires a person receiving an illegitimate infant under 
the age of one year to board, to notify the overseers of the 
poor of the city or town in which he resides of the facts of 
such reception, are hereby repealed. 

Section 17. This act shall take effect on the first day 
of June in the year eighteen hundred and ninety-two. 

Approved May 19, 1892. 



Ch(XV.31Q ^^ ^^"^ "^^ ESTABLISH THE SALARY OF THE DISTRICT ATTORNEY 

FOR THE SOUTHERN DISTRICT. 



Salary eetab- 
liBhed. 



Be it enacted, etc., as follows: 

Section 1. The annual salary of the district attorney 
for the southern district shall hereafter be twenty-two 
hundred dollars. 

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

Approved May 19, 1892. 



Acts, 1892. — Chaps. 320, 321. 273 



An Act to authorize the town of tisbury to hold a second (^^^^ 32O 

ANNUAL MEETING FOR THE PRESENT TEAR. 

Be it enacted, etc., as follows: 

Section 1. The town of Tisbury is authorized to hold J°7c"nyjnnua1 
a second annual meeting during the month of June of the meeting. 
present year for the purpose of filling vacancies in the town 
offices occasioned by the incorporation of West Tisbury. 

Section 2. The various appropriations made and voted Appropriations. 
at the annual meeting already holden in March may at 
such second annual meeting be modified, reduced, recon- 
sidered or rescinded, with the same effect and validity 
as if the same had been modified, reduced, reconsidered 
or rescinded at the annual meeting aforesaid. 

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

Approved May 19, 1 892 . 



Chap.32l 



An Act to incorporate the willimansett water company. 
Be it enacted, etc., as follows: 

Section 1. Charles L. Goodhue, Arthur P. West, wiiiimansett 

TT T -HI , ^1 • • J 1 Water Com- 

Harry L. Montague, their associates and successors, are panyincorpc 
hereby made a corporation by the name of the Williman- powersfdutreT,' 
sett Water Company, for, the purpose of supplying the *"*^* 
village of Willimansett and Chicopee street, both within 
the limits of the city of Chicopee, with water for domestic, 
manufacturing and other purposes, including the extin- 
guishing of fires ; with all the powers and privileges and 
subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or may hereafter 
be in force so far as the same may be applicable to such 
corporations. 

Section 2. The said corporation, for the purpose May take the 
aforesaid, may take, by purchase or otherwise, and hold powder^iiorn 
the waters of Powder Horn brook, so-called, situated ^'■°o'^. «'«=• 
within the limits of the city of Chicopee, the point of 
taking to be near the Chicopee Falls road, about one and 
one fourth miles east of the village of Willimansett, 
together with such waters as flow into the same ; and also 
all lands, rights of way and easements necessary for hold- 
ing and preserving such water and conveying the same 
to that part of the city covered by this act ; and may May erect 
erect on the land thus taken or held proper dams, fixtures '^''™*'®'*'- 
and other structures, and may make excavations and pro- 
vide such other means and appliances as may be necessary 



274 



Acts, 1892. — Chap. 321. 



May dig up 
public ways 
under direction 
of tlie select- 
men, etc. 



Proviso. 



To file in regis- 
try of deeds 
■within sixty 
days a descrip- 
tion of lands, 
etc., taken, etc. 



Payment for 
damages sus- 
tained, etc. 



Application for 
damages not to 
be made until 
water is 
diverted. 



for the establishment and maintenance of complete and 
efiective water works ; and may construct and lay down 
conduits, pipes and other works under or over any lands, 
water courses, railroads, or public or private ways, and 
along any such ways in such manner as not unnecessarily 
to obstruct the same ; and for the purpose of constructing, 
maintaining and repairing such conduits and pipes and 
other works, and for all proper purposes of this act, said 
corporation may dig up any such lands, and, under the 
direction of the street commissioner of the city of Chico- 
pee, may enter upon and dig up any such ways in such 
manner as to cause the least hindrance to public travel 
therein : provided, that nothing contained in this act shall 
authorize said corporation to carry water across the Chic- 
opee river, or to supply water to any part of Chicopee 
Centre lying south of said river, or to any part of Chico- 
pee Falls on either side of said river. 

Section 3. The said corporation shall, within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, other than 
by purchase, file and cause to be recorded in the registry 
of deeds for the county of Hampden a description thereof 
sufficiently accurate for identification, with a statement of 
the purpose for which the same were taken, signed by the 
president of the corporation. 

Section 4. The said corporation shall pay all damages 
sustained by any person or corporation in property by the 
takipg of any land, right of way, water, water source, 
water right or easement, or by any other thing done by 
said corporation under the authority of this act. Any 
person or corporation sustaining damages as aforesaid 
under this act, who foils to agree with said corporation 
as to the amount of damages sustained, may have the 
damages assessed and determined in the manner provided 
by law when land is taken for the laying out of highways, 
on application at any time within the {)criod 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 such 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 water source, or for any injury thereto, until the 
water is actually withdrawn or diverted by said corpora- 
tion under the authority of this act. 



Acts, 1892. — Chap. 321. 275 

Section 5. The said corporation may distribute the May ax and 
water through said vilhige of Willimansett and through mtes'i^^rc!''"^ 
Chicopec street, aforesaid, may reguhite the use of said 
water and tix and collect water rates to be paid for the 
same. And said city or any individual or corporation 
may make such contracts with it to supply water for the 
extinguishment of tire or for other purposes, as may be 
agreed ui)()n by said city, individual or corporation, and 
said AVillimansett "Water Company. 

Sectiox (). The said corporation may, for the pur- Real estate, 
poses set forth in this act, hold real estate not exceeding and^hareT. 
two thousand dollars ; and the whole capital stock of said 
corporation shall not exceed fifteen thousand dollars, to 
be divided into shares of one hundred dollars each ; and 
said corporation may issue bonds bearing interest at a Nfay issue bonds 
rate not exceeding six per centum per annum, to an $io,ooore'tc?^ 
amount not exceeding ten thousand dollars, and may 
secure the same at any time by a mortgage of its franchise 
and property. The proceeds of all bonds so issued shall 
only be expended in the extension of the works of the 
company and for the payment of expenditures actually 
made in the construction of the works, over and above 
the amount of the capital stock actually paid in. 

Sectiox 7. Whoever wilfully or wantonly corrupts. Penalty for cor- 
pollutes or diverts any of the waters taken or held under venVnlwat'l'r, 
this act, or injures any structure, work or other property ^*°" 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wan- 
ton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment in the jail not exceed- 
ing one year. 

Section 8. The county commissioners for the county Maybe required 
of Hampden, upon the application of the owner of any for%aymemof 
land, water or water rights taken under this act, shall dama|e8%tc. 
require said corporation to give satisfactory security for 
the payment of all damages and costs which may be 
awarded such owner for the land or other property so 
taken ; but previous to requiring such security the county 
commissioners shall, if application therefor is made by 
either party, make an estimate of the damages which may 
result. 



276 



Acts, 1892. — Chap. 322. 



City of Chicopee 
may take by 
purchase, etc., 
franchise, etc., 
at auy time. 



Statement of 
receipts and 
expenditures to 
be made 
annually. 



Work to be 
commenced 
within two 
years. 



Chap.322 



Medfield Water 
Company 
Incorporated ; 
purpose, 
powers, duties, 
etc. 



Section 9. The city of Chicopee shall have the right 
at any time to take, by purchase or otherwise, the fran- 
chise, corporate property and all the rights and privileges 
of said corporation, on payment to said corporation of the 
actual cost of its franchise, 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. If the cost of main- 
taining and operating 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 maintaining and operating said works 
for that year, then such excess shall be deducted from 
the total cost. An itemized statement of the receipts and 
expenditures of the said corporation shall be annually 
submitted to the city council of the city of Chicopee, and 
if said corporation has incurred indebtedness, the amount 
of such indebtedness outstanding at the time of such 
taking shall be assumed by said city and shall be deducted 
from the amount required to be paid by said city to said 
corporation under the foregoing provisions of this section. 
This authority to purchase such franchise and property is 
granted on condition that the purchase is assented to by 
said city by a two thirds vote of the voters of said city 
present and voting thereon ; and the time and manner of 
taking such vote shall be determined by the city council. 

Section 10. This act shall take eflectupon its passage, 
but shall become void unless work under it is commenced 
within two years from the date of its passage. 

Approved May 31, 1892. 

An Act to incorporate the medfield water company. 

Be it enacted, etc., as follows: 

Section 1. Edwin V. .Mitchell, Clinton T. Frost, 
Henry M. Parker, their associates and successors, are 
hereby made a corporation by the name of the Medfield 
Water Company, for the purpose of furnishing the town 
of Medfield and the inhabitants thereof with water for the 
extinguishment of fires and for domestic, manufticturing 
and other purposes ; Avith all the powers and privileges 
and subject to the duties, restrictions and liabilities which 



Acts, 1892. — Chap. 322. 277 

now are and may hereafter be in force applicable to such 
corporations, exce})t as hereinafter provided. 

Section 2. The town of Medfield may contract with tTacrwuh^eom." 
said corporation to furnish water for the purposes afore- p^nyforawater 
said for any term of years, for such price as may mutually 
be agreed upon between said corporation and said town. 

Sectiox 3. Said corporation may take, hold and con- Corporation 
vey through the town of ^Medfield or any pait thereof, so waferVsp'riugs 
tar as may be necessary for said purpose, the water of any "'wiforMed- 
spring or springs, or of any pond or ponds, or of any fie'd.etc. 
stream or streams within the town of Medfield, and may 
take and hold by purchase or otherwise an}^ real estate 
necessary for the preservation and purity of the same or 
for erecting and maintaining a pumping station, and for 
la3'ing and maintaining aqueducts and pipes for distribu- 
ting the water so taken and held, or for forming any dams 
or reservoirs to hold the same, and may lay its water pipes 
through any private lands, with the right to enter upon 
the same and dig therein for the purpose of making all 
necessary repairs or service connections ; and for the pur- May dig up 

,." • 1 ... , roads under 

poses aioresaid may carry its pipes under or over any direction of the 
watercourse, street, railroad, highway oi* other way, in selectmen, etc. 
such manner as not unnecessarily to obstruct the same, 
and may under the direction of the board of selectmen 
enter upon and dig up any road or other way for the pur- 
pose of laying or repairing its aqueducts, pipes or other 
works, and in general may do any other acts and things con- 
venient or proper for carrying out the purpose of this act. 

Section 4. Said corporation shall, within sixty days Description of 
after the taking of any land or water rights under the taLu'.and 
provisions of this act, file in the registry of deeds of the p\f,-pose"! etc., 
county of Norfolk a description of any land or water 1.° 'j^tfy^V" 
rights so taken, sufficiently accurate for identification, deeds. 
with a statement of the purposes for which it is so taken ; 
and the title of the land or water rights so taken shall vest 
in said corporation. 

Section 5. Any person or corporation injured in any Assessment and 
way by the taking of land and water rights as aforesaid, of damages."" 
or by any act of said corporation as before provided, and 
failing to agree with said corporation as to the amount of 
damages, may have the same assessed and determined in 
the manner provided when land is taken for highways ; 
but no application shall be made to the county commis- 
sioners for the assessment of damages for the taking of 
water rights until the water is actually taken and diverted 



278 Acts, 1892. — Chap. 322. 

bJ'made'wuMn ^Y ^^'^^ corporatioii. Any person whose water rights are 
three years, etc. thus taken ov afFectcd may apply as aforesaid, within three 
years from the time the water is actually withdrawn or 
diverted and not thereafter ; and no suit for injury done 
under this act shall be brought after three years from the 
date of the alleged receipt of injury. 
^a^MlnUtock Section 6. Said corporatiou, for the purposes set forth 

and sharee. jn this act, may hold real estate not exceeding in amount 
twenty-five thousand dollars, and its whole capital stock 
shall not exceed fifty thousand dollars, to be divided into 
shares of- one hundi'ed dollars each. 
mher^wlter^ SECTION 7. Said Corporation may purchase from the 
works, etc. owucr or owners of any aqueduct or system of water 
works now used in furnishing water to any of the inhabi- 
tants of the said town of Medfield, his or their whole 
water right, estate, property and privileges, and by such 
purchase shall become entitled to all the rights and privi- 
leges and subject to all the liabilities and duties apper- 
taining and belonging to such owner or owners. 
^Yiecure^by*^^ Section 8. The Said corporation may issue bonds and 
mortgage, etc. sccurc the Same by a mortgage on its franchise and other 
property to an amount not exceeding its capital stock 
actually paid in. The proceeds of all bonds so issued 
shall only be expended in the extension of the works of 
the company and for the payment of expenditures actually 
made in the construction of the works, over and above 
the amount of the capital stock actually paid in. 
narhSf ^ Section 9. The town of Medfield shall have the right 
t'ime^"^ "^ ""^ at any time to take, by purchase or otherwise, the fran- 
chise, corporate property and all the rights and privileges 
of said corporation on payment to said corporation of the 
actual cost of its franchise, 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. If the cost of 
maintaining and operating the works of said corporation 
shall exceed in any year the income derived from said 
works by said corporation 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 maintaining and operating said 
works lor that year, then such excess shall be deducted 
statement of from the total cost. An itemized statement of the receipts 

receipts and , . - . i n i n 

expenses. and expenditures oi the said corporation shall be annually 



Acts, 1892. — Chap. 322. 279 

submitted to the selectmen of the town of ^Nledfield, and 
by said selectmen to the citizens of said town. If said 
corporation has incurred indebtedness, the amount of such 
indebtedness outstanding at the time of such taking shall 
be assumed by said town and shall be deducted from the 
amount required to be paid by said town to said corpora- 
tion under the foregoing provisions of this section. This Authority to 
authority to purchase such franchise and property is aese'uted'to^by a 
granted on condition that the purchase is assented to by *wo thirds vote. 
said town by a two thirds vote of the voters of said town 
present and voting thereon at a meeting legally called for 
that purpose. 

Section 10. The owners of land and water rights Maybe required 
taken under this act, upon application by either party for^aymentof 
for an estimite of damages, may require said corporation co8?",^et*cf°*^ 
to give security, satisfactory to the county commissioners 
of said county, for the payment of all damages and costs 
wdiich may be awarded to them for the land or other prop- 
erty taken. And if upon petition of the owner, with 
notice to the adverse party, the security appears to the 
county commissioners of said county to have become 
insufficient, they shall require said corporation to give 
further security to their satisfiiction ; and all the right or 
authority of the corporation to enter upon or use said land 
and other property, except for making surveys, shall be 
suspended until it gives the security required. 

Section 11. If any person shall use any of said water Penalty for 
taken under this act, without the consent of said corpora- d?vertog water, 
tion, or shall wantonly or maliciously divert the water or ®'^°* 
any part thereof so taken, or corrupt the same, or render 
it impure, or destroy or injure any dam or aqueduct, pipe, 
conduit, hydrant, machinery or other works or property 
held, owned or used by said co-rporation under the 
authority of and for the purposes of this act, he shall 
forfeit and pay to said corporation three times the amount 
of damages assessed therefor, to be recovered in an action 
of tort ; and on conviction of either of the wanton or 
malicious acts aforesaid may be punished by a fine not 
exceeding three hundred dollars or by imprisonment in 
jail not exceeding one year. 

Section 12. This act shall be null and void unless work tab© 
said corporation shall within three years from the passage wThTrft^^e 
thereof avail itself of its provisions and commence the ^^^'^ 
prosecution of the work herein authorized. 

Ajypraved Mo,y 3.1 ^ 1892. 



280 



Acts, 1892. — Chap. 323. 



C^ap.323 



City of Lowell. 



Administration 
of municipal 
affairs, etc. 



Proviso. 



Election of 
officers, munici- 
pal year and 
■warrants for 
meetings. 



New division of 
wards and 
members of 
common 
council. 



An Act to revise the charter of the city of lowell. 
Be it enacted^ etc., as follows: 

Section 1. The inhabitants of the city of Lowell, for 
all the purposes for which cities and towns are by law 
incorporated in this Commonwealth, shall continue to be 
one body politic, in fact and in name, under the style and 
denomination of the City of Lowell ; and as such shall 
have, exercise and enjoy all the rights, immunities, 
powers and privileges, and shall be subject to all the 
duties and obligations now incumbent upon and apper- 
taining to said citj'^ as a municipal corporation, except so 
far as the same may be modified by the provisions of this 
act. 

Section 2. The administration of the fiscal, pruden- 
tial and municipal affairs of said city, with the govern- 
ment thereof, shall be vested in one principal oflScer, 
styled the mayor, one select council of nine, to be called 
the board of aldermen, and one council of not less than 
two nor more than four from each ward, to be called 
the common council : provided, hoivever, that if in any 
year of a new division of the city into wards the number 
of wards shall be increased, there shall be elected at the 
municipal election occurring in such year an alderman for 
each new ward, in the manner hereinafter provided. The 
board of aldermen and the common council in their joint 
capacity shall be denominated the city council ; and the 
members thereof shall be sworn to the faithful discbarge 
of their duties. A majority of each board shall constitute 
a quorum for the transaction of business. No member of 
the city council shall receive any compensation for his 
services. 

Section 3. The election of municipal officers shall 
take place on the second Tuesday of December, annually ; 
and the municipal year shall begin on the first Monday of 
the following January. All meetings of the citizens for 
municipal purposes shall be called by warrants issued by 
the board of aldermen, which shall be in such form and be 
served, executed and returned in such manner and at such 
time as the city council may by ordinance direct. 

Section 4. In the year eighteen hundred and ninety- 
five, and in every tenth year thereafter, but not oftener, 
the city council may make a new division of the city into 
such number of wards as they may determine, and may 



Acts, 1892. — Chap. 323. 281 

increase or diminish the number of common councihiien 
to which the several wards shall be entitled durinn: the 
succeeding decennial period : j^i'ovided, that the number Provisos. 
of wards shall not be less than six nor more than twelve ; 
nnd piwi'ded, further, that the number of common coun- 
cilmen shall not be less than two nor more than four from 
each ward ; and each ward shall be entitled to an equal 
number of common councilmen with every other ward. 
Every new division of the city into wards shall be made 
in such manner as to include an equal number of voters 
in each ward, as nearly as conveniently may be, consist- 
ently with well defined limits to each ward ; and until 
a new division is made the boundary lines of the wards 
shall remain as now established. 

Section 5. The mayor shall be elected bv the quali- Y'^yor's eiec 

, - „ , . '' , 1 1 1 1 1 1 i" ^1 /. tlon and term of 

ned voters ot the city at laige, and shall hold omce from office. 
the first Monday of January next succeeding his election 
to the first Monday of the following January. 

Section 6. Three of the members of the board of Election and 

IT 1111 1 11 1 I'^i n 1 term or ofiice 

aldermen shall be elected by the qualified voters of the of aldermen. 

city at large, and one member thereof from each ward 

shall be elected by the qualified voters of the city, voting 

in their respective precincts, and the candidate from each 

ward who receives the highest number of votes throughout 

the city, cast for candidates from the same wards, shall 

be declared elected. The aldermen shall hold ofiice from 

the first Monday in January next succeeding their election 

to the first Monday of the following January. 

Section 7. The members of the common council shall Election and 
be elected from and by the legal voters of the wards in of common'^'' 
which they reside at the time of their election, and shall '=*^"""'P^"- 
hold ofiice from the first Monday of January next succeed- 
ing their election to the first Monday of the following 
January. 

Section 8. Whenever any person elected mayor shall vacancy in 

J. n ., .. /. • •,• 11 1 office of mayor; 

die, remove trom tne city or retuse in writins:, addressed new election to 
to the board of aldermen, to accept said office, before '''''"^''''^■^''• 
entering upon the discharge of his duties, and whenever 
in consequence of the death, resignation or disability of 
the mayor the office shall have become vacant, and the 
board of aldermen and common council shall each have 
declared by vote or resolution the fact of such vacancy 
and the cause thereof, the board of aldermen shall forth- 
with issue their warrant for the election of a mayor for the 



282 



Acts, 1892. — Chap. 323. 



Proviso. 



Elections to fill 
vacancies. 



Removal from 
the city to cause 
vacancy to exist. 



Municipal elec- 
tion on il)e 
second Tuesday 
in December. 



term, or the remainder of the term, for which the last 
mayor was elected ; and the same proceedings shall be 
had as are required by law for the original election : pro- 
vided, however, that no election shall be held to fill a 
vacancy occasioned by the death, resignation or disability 
of the mayor which shall occur from the first day of 
November in any year until such vacancy is filled as afore- 
said, and whenever the mayor from temporary disability 
cannot perform the duties of the office, and the fact of the 
vacancy, by reason of any such temporary disability, has 
been declared by the board of aldermen to exist, then the 
duties of the new mayor shall devolve upon the chairman 
of the board of aldermen ; and if there is no chairman, 
then upon the president of the common council, and such 
officer shall be styled acting mayor and shall have all the 
powers conferred upon the mayor by law, save that he 
shall have no authority to make permanent appointments. 

Section 9. Whenever any person elected mayor, 
alderman or common councilman shall die, remove from 
the city or refuse in writing, addressed to the board of 
aldermen for the time being, to accept the office, before 
entering upon the discharge of his duties, the board of 
aldermen shall make a record of the fact, and thereupon 
shall issue their warrant for an election to fill sut;h 
vacancy, to be held at such time as they shall deem 
advisable ; and the same proceedings shall be had to fill 
any vacancy in either of said offices caused by death, 
resignation or otherwise, after the commencement of the 
municipal year. 

Section 10. Every municipal officer shall be held 
to discharge the duties of the office to which he has been 
elected, notwithstanding his removal after his election 
out of his ward into any other ward of the city ; but a 
removal of residence out of the city shall cause a vacancy 
to exist in the office to which he was elected. 

Section 11. On the second Tuesday in December 
annually the qualified voters shall in their several wards 
or precincts give in their votes by ballot for mayor, alder- 
men and common councilmen, in accordance with the laws 
of the Commonwealth ; and if at such election a mayor 
or the required number of members of the city council 
shall not have been elected, the board of aldermen shall 
make a record of the fact and forthwith issue their war- 
rant for another election, and the same proceedings shall 



Acts, 1892. — Chap. 323. 283 

be had as are provided by law for the original election ; 
and the same shall be repeated from time to time until 
such persons shall be chosen. All persons who may be 
elected to the offices named in this section shall be noti- 
fied by the board of aldermen within two days after the 
fact shall be ascertained. 

Section 12. The mayor, aldermen and common coun- organization of 
oil shall meet in convention on the first Monday of Janu- '^s"^""™®" • 
ary in each year, at ten o'clock in the forenoon, and shall 
be sworn to the faithful discharge of their duties. Where- 
upon the two boards shall separate and the common coun- 
cil shall be organized in the manner hereinafter provided. 
Either of said officers not present on said first Monday 
of January may be sworn at any time thereafter in con- 
vention of the two boards. In all cases a record of the 
taking of the oath of office, as above provided, shall be 
made by the respective clerks of the two boards. 

Section 13. The board of aldermen shall elect by Board of aider- 
ballot one of their members chairman of the board, who meeting's, etc. ' 
shall hdld office during the municipal year for which he is 
elected unless sooner removed by said board. The chair- 
man shall preside at all meetings of the board of aldermen 
and at all conventions of the city council. In case of the 
absence of the chairman from any meeting of said board, 
or from any convention of said city council, a member of 
the board of aldermen shall be elected by said board to 
preside for the time being. All meetings of the board of 
aldermen shall be public unless said board shall determine 
by a majority vote of the members present that it is 
expedient to transact any special business in executive 
session. The board of aldermen shall be the final judges 
of the election and qualification of their own members. 

Section 14. The persons chosen and qualified as common coun. 
members of the common council shall sit and act together eieVkl mee't" ' 
as a separate body, distinct from that of the board of ^°^^'^"^" 
aldermen, except when the two bodies meet in convention. 
On the first Monday of January, or as soon thereafter as 
may be, the common council shall elect one of their mem- 
bers to preside over their deliberations, who shall be 
called the president of the common council, and who 
shall hold office during the municipal year for which he 
is elected, unless sooner removed. In case the president 
is absent or unable to perform his duties, or in case the 
office is vacant from any cause, the council shall elect a 



284 



Acts, 1892. — Chap. 323. 



Common 
couucil. 



Certain officers 
may be bus- 
pended by the 
mayor, and be 
removed with 
approval, etc. 



Proviso. 



Mayor to be 
chief executive 
officer; salary, 
etc. 



president for the time being. The common council shall 
elect a clerk, who shall be sworn to the faithful discharge 
of the duties of his office and shall hold his office during 
the pleasure of the council and until his successor shall 
be chosen and qualified ; and he shall attend the council 
when in session, keep a journal of all their acts, votes 
and proceedings and perform such other services in said 
capacity as the council may require. In his absence the 
council shall elect a clerk pro tempore, who shall be sworn 
to the faithful discharge of his duties. All sittings of the 
common council shall be public. The certificate issued 
by the mayor and aldermen shall be presumptive evidence 
of the right of the person presenting the same to a seat 
in the common council ; but the council shall have the 
authority to decide ultimately upon all questions relat- 
ing to the qualifications, elections and returns of their 
members. 

Section 15. The mayor may, when in his judgment 
the public interests require it, suspend for a period of 
seven days 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 ; and after due hearing he 
may, with the approval of the board of aldennen where 
said board elects any of said officers, and with the ap- 
proval of both branches of the city council where any 
of said officers are elected by concurrent vote, remove 
any of the said officers : provided, that the members of 
the city council and school committee and their clerks 
and attendants, the principal assessors, the city clerk, 
the assistant city clerk, the city treasurer, the city audi- 
tor, the city messenger and city solicitor shall not be 
subject to suspension or removal as above provided. No 
appointment made by the mayor which is subject to the 
approval of the board of aldermen shall be acted upon 
by said board until the expiration of one week after such 
appointment is transmitted to said board, except by 
unanimous consent of said board. 

Section 16. The mayor shall be the chief executive 
officer of the city, and shall be compensated for his 
services by a salary to be fixed by the city council, paya- 
ble at stated periods, w^hich salary shall not exceed the 
sum of three thousand dollars annually ; and he shall 
receive no other compensation or emolument whatever ; 



Acts, 1892. — Chap. 323. 285 

and no regulations enlarging or diminishing such com- 
pensation shall be made to take effect until the expiration 
of the year for which the mayor then in office shall have 
been elected. And the mayor shall be vigilant and active 
at all times in causing the laws for the government of the 
city to be duly enforced ; shall inspect the conduct of all 
subordinate officers in the government thereof, and, as 
far as in his power, cause all negligence and violation of 
duty to be duly prosecuted and punished. Whenever in May summon 
his judgment the good of the city may require it he shall ™o7rd°oTa°der-^ 
summon meetings of the board of aldermen and common moncoundrat 
council, or either of them, although the meeting of said anytime, etc. 
boards, or either o^them, may stand adjourned to a more 
distant day, and perform such other duties as the city 
council may legally and reasonably require. And the 
mayor from time to time shall communicate to both 
branches of the city council such information and recom- 
mend such measures as may tend to the improvement of 
the finances, the police, health, security, cleanliness, com- 
fort and ornament of the city. 

Section 17. A city clerk shall be elected by concur- city cierk. 
rent vote of both branches of the city council at such time 
and for such term, not exceeding three years, as the city 
council may by ordinance determine. He shall be sworn 
to the faithful discharge of his duties and shall hold his 
office until his successor is 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 
aldermen. He shall keep a journal of the votes and pro- 
ceedings of the aldermen, and also of the city council 
when sitting in convention, and shall perform such other 
duties as the city council may prescribe. 

Section 18. A city treasurer, who shall also be the city treasurer 
collector of taxes, shall be elected by concurrent vote of "° 
both branches of the city council at such time and for such 
term, not exceeding three years, as the city council may 
by ordinance determine. He shall be sworn to the faith- 
ful discharge of his duties and shall hold his office until his 
successor shall be chosen and qualified, but may be removed 
at the pleasure of the city council. He shall deliver up 
to his successor in office as soon as chosen and qualified, 
or to any person designated by the city council, on his 
ceasing to fill such office, all books, funds, papers or other 
things kept or held by him as such officer ;. he shall give 



286 



Acts, 1892. — Chap. 323. 



Administration 
ot the police 
vested in the 
mayor and 
aldermen. 



Granting of 
licenses. 



Chief of police; 
police officers 
aud constables. 



Lighting of 
streets. 



Electric Wires. 



Proviso. 



bond for the faithful discharge of the duties of his office in 
such sum as the city council may require and with such 
sureties as the mayor ma}' approve. 

Sectiox 19. The administration of the police, the 
executive powers of the city generally, with all the powers 
formerly vested in the selectmen of the town of Lowell, 
and heretofore vested in the mayor and aldermen of the 
city of Lowell, shall continue to be vested in and exercised 
by the mayor and aldermen of said city as fully as if the 
same were herein specially enumerated. The mayor and 
aldermen may grant licenses for all purposes within said 
city for which the mayor and aldermen of cities or the 
selectmen of towns are authorized by the general laws of 
the Commonwealth to grant the same, and all licenses so 
granted may at any time be revoked for good cause. The 
mayor shall appoint, subject to the confirmation or rejec- 
tion of the board of aldermen, a chief of police, who shall 
hold oiBce for a term not exceeding three years, as the 
city council may by ordinance determine, and such number 
of other police officers and constables as the board of alder- 
men shall determine or the public service ma}' require. 
All said officers thus appointed shall have the power of 
constables except the power of serving and executing 
civil process. All such officers, including said chief of 
police, may be removed for cause by the board of alder- 
men, and said board may require any person appointed a 
constable or special constable to give bond to the city, 
with such security and to such amount as said board may 
deem proper, before entering upon the execution of said 
office ; upon which bond the like proceedings and remedies 
may be had as are by law provided in cas6 of sheriffs' 
bonds in this Commonwealth. The city council may 
cause the public streets of the city to be lighted, and for 
that purpose may set up and construct lamps, gas pipes 
or other apparatus such as the public convenience or ne- 
cessity may require, as provided by law. The city council 
may also establish by ordinance such regulations as may 
be allowed by law for the erection, maintaining and oper- 
ating of any line of electric wires owned by any person or 
corporation and used for lighting the public streets or 
highways, for the transmission of motive power by any 
street railway company, or for the transmission of intelli- 
gence by electricity : provided, Jiowever, that nothing 
herein contained shall be so construed as to afiect the 



Acts, 1892. — Chap. 323. 287 

po\Yers of the board of aldermen under the provisions 
of chapter one hundred and nine of the Public Statutes or 
any act in addition thereto or in amendment thereof. 

Section 20. .All boards and otKcers acting under the officers, etc., 
authority of the city and entrusted with the receipt and pubVlcmoiTey to 
expenditure of public money shall be accountable therefor ["o ih°e cUy'^'^''^ 
to the city council in such manner as they may direct, council, etc. 
And the city council shall publish and distribute annually 
for the information of the citizens a particular statement 
of the receipts and expenditures of all public moneys, and 
a particular statement of city property. 

Section 21. All other powers now by law vested in ah powers now 
the city of Lowell or in the inhabitants thereof, as a cUj-.^'etcVto'^ 
municipal corporation, shall continue to be vested in the <=°""""e, etc. 
board of aldermen and common council of the city, to be 
exercised bv concurrent vote, each board havinof a nesrative 
upon the other; especially they may make all such need- by.1L"vr^* ^°^ 
ful and salutary ordinances or by-laws as towns by the 
laws of this Commonwealth have power to make, and 
annex penalties not exceeding twenty dollars for the 
breach thereof, which ordinances or by-laws shall take 
effect from and after their passage, unless otherwise pro- 
vided, without the' sanction or confirmation of any court 
or other authority whatever : provided, that such ordi- Proviso. 
nances or by-laws shall not be repugnant to the laws of 
this Commonwealth and may be annulled by the legisla- 
ture thereof. 

Section 22. The city council from time to time may Assessment of 
lay and assess taxes for purposes for which towns are by ^*^"'®'°- 
law required or authorized to assess or grant money, aiid 
also for all purposes necessary for carrying into effect the 
powers conferred by this act : provided, Jwwever, that Proviso. 
in the assessment and ai)portionment of such taxes the 
same rules and regulations shall be observed as are now 
established by the laws of this Commonwealth, or may 
hereafter be enacted, relative to the assessment and appor- 
tionment of town taxes. The city council may provide 
for the assessment and collection of such taxes, make 
appropriations of all public moneys and provide for the 
disbursement thereof, and take suitable measures to insure 
a just and prompt account thereof; and for these purposes Assessors and 
may either elect such assessors and assistant assessors as 
may be needful, or may provide for the appointment or 
election of the same, or any of them, by the board of 



assistant asses- 
sors. 



288 



Acts, 1892. — Chap. 323. 



City council to 
lay out, alter 
auci discontinue 
highways, etc. 



Sidewalks, 
curbstones, etc. 



Expense to be 
assessed upon 
abutters. 



aldermen or by the citizens, as may be most conducive to 
the public good, and may fix their term of office ; and 
shall also require of all persons intrusted with the collec- 
tion, custody or disbursement of public mone3^s, such 
bonds, with such conditions and such sureties as the case 
may require. 

Section 23. The city council shall have the power to 
lay out, alter, discontinue or lix the grade of any highway, 
street or town way, in such manner as the public conven- 
ience may require, to take land therefor and to estimate 
the damage any person shall sustain thereby. Any per- 
son dissatisfied with 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 proceedings shall be had as are 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. 
No way in said city shall hereafter be opened for public 
travel or dedicated to public use unless its location, direc- 
tions, widths and grades are satisfactory to and have been 
approved in writing by the board of ald'ermen. 

Section 24. The city council is hereby authorized to 
appropriate, set off and reserve as sidewalks such parts of 
any streets of the city as may be necessary for the safety, 
convenience and accommodation of foot passengers, and 
permit or direct posts of stone, iron or wood, or trees, to 
be placed along the edge of said sidewalk to protect the 
same or the passengers travelling thereon, and to estab- 
lish and grade sidewalks and set curbstones in such streets 
in said city as the public convenience may require, and 
construct the same with such material as the city council 
shall deem expedient ; and shall assess the expense of the 
same upon the abutters thereon. All assessments so made 
shall be a lien upon the abutting lands in the same man- 
gier as taxes are a lien on real estate, and may be collected 
in the same manner as taxes on real estate are collected. 
Sidewalks when constructed shall be the property of the 
city, and thereafter shall be maintained and kept in re- 
pair by the city. The city council may from time to time 
reestablish grade, reconstruct and repair such sidewalks 
and curbstones and any sidewalks and curbstones here- 
tofore established in said city. 



Acts, 1892. — Chap. 323. 289 



Section 25. The citv council shall have the power, Muinaininsand 

h.i iiit'i -j^ii c J.^ common Bewers. 

enever they shall adjudge it to be necessary tor the 

pul)lic convenience or the public health, to cause main 
drains or common sewers to be laid through any street or 
private lands, and may repair the same whenever neces- 
sary ; and the city shall pay the owners of such lands such 
damages as they may sustain by the laying or repairing of 
said main drains or common sewers, to be ascertained in 
the same manner as is hereinbefore provided for ascertain- 
ing damages in the la^'ing out of highways and streets ; 
and alj such main drains or common sewers shall be the 
property of the city. 

Sectiox 2(>. The city council may make and establish Use of vehicles 

, ■, ,. , ^ for passengers 

necessary ordmances or by-laws tor the purpose of pre- and freight may 

. 1 ^ be regulated 

ventmg any person, without first obtaining a license from 
the board of aldermen, from setting up, employing or 
using any hackney coach, job wagon or other carriage for 
the conveyance of passengers or freight from place to place 
in the city for hire, and for the purpose of establishing and 
limiting the rates and prices for such conveyance of pas- 
sengers ; and also for the inspection, survey, measurement inspection, etc., 
and sale of lumber of every description, brick, wood, coal ° ""^ ei.ec 
and bark for fuel, brought into the city for sale, and for 
the regulation of carriages in the streets of the city ; 
appoint certain suitable places in the streets and squares 
of the city as public stands for wagons, carts, sleds and 
carriages of every description, and ordain fit penalties, not 
exceeding twenty dollars, for the breach of any of the 
ordinances, rules and regulations so made and established, 
to be recovered upon complaint of any officer or other 
inhabitant of the city before the police court therein, for 
the use of the city. The city council shall also have the Care and super- 
care and superintendence of the public buildings, and the public buiia- 
care, custody and management of all the property of the '°§*'®'°- 
city, with power to lease or sell the same and to purchase 
property in the name and for the use of the city, when- 
ever its interests or conveniences may require. It shall 
not acquire land for nor authorize the erection of a school- ^chooihou°ife8. 
house or any addition thereto, nor pass any appropriation 
for such purpose until the location and plans of the build- 
ing have been approved by vote of the school committee, 
and such approval has been certified in writing to the city 
council by the secretary of said committee. The city PubUc parka, 
council are hereby authorized to purchase laud, to be laid ®'''* 



290 



Acts, 1892. — Chap. 323. 



Overseers of the 
poor. 



Proviso. 



Vacancies 



Secretary and 
superintendent. 



Compensation 
of officers. 



Sciiool com- 
mittee. 



out as public squares, malls, parks or commons, and to 
properly lay out, enclose, maintain, keep and ornament 
the same or any now owned l)y the city. 

Section 27. The board of overseers of the poor shall 
consist of the mayor, who shall be chairman ex officio, 
and six 6ther citizens, neither of w^hom shall hold any 
other elective or appointive office under the city council, 
and shall be chosen by concurrent vote of the city council 
in the month of January in each year, in the manner fol- 
lowing, and each ward of the city shall have no more than 
one representative on said board. In the month of Janu- 
ary in the year eighteen hundred and ninety-three, three 
citizens shall be elected to serve for one 3'ear and three 
for two years, and thereafter in the month of January of 
each year three citizens shall be elected to serve for two 
years : provided, Jiowever, that if in any year of a new 
division of the city into wards the number of wards shall 
be increased, a member of said board shall be elected for 
each new ward, to serve for the term of two years as here- 
inbefore provided for. In case of a vacancy in said board 
the city council shall fill such vacancy by electing a citizen 
from the ward wherein said vacancy exists, to serve for 
the remainder of said term. The members of the board 
of overseers of the poor shall be sworn to the faith- 
ful discharge of their duties and shall serve until their 
successors are chosen and qualified. They may appoint 
a secretary and superintendent and such other subordinate 
officers as the ordinances of the city may require, and may 
define the duties of said officers : provided, however, that 
the compensation of said officers shall be established by 
the city council. Said board shall have all the powers 
heretofore conferred upon the overseers of the froor of the 
city of Lowell by any general or special laAv, and all the 
powers of overseers of the poor in towns, and in addition 
thereto said board shall be subject to such regulations as 
the city council may by ordinance establish. 

Section 28. The persons heretofore elected as mem- 
bers of the school committee shall continue in office 
according to the tenure thereof. At each annual election 
of municipal officers hereafter the qualified voters of each 
ward shall elect one person being an inhabitant of said 
ward to serve as a member of the school committee for 
the term of two municipal 3'ears fi'om the first Monday of 
January next following such election. The school com- 



Acts, 1892. — Chap. 323. 291 

mittee shall he the tinal judges of the qualifications and 
election ot" their own nieml)ers. If the nunil)er of wards 
shall at any time be increased, each additional ward shall, 
at the next annual election for municipal officers there- 
after, elect one person to serve as a member of the school 
committee for the term of one municipal year, and one 
person to serve for the term of two municipal years, 
from the first Monday of January next following such 
elections. The mayor and president of the common coun- Mayor and 
€il, together with the persons elected as aforesaid, shall common council 
constitute the school committee of Lowell, and shall have committee! 
all the powers vested in school committees by the general 
laws of the Commonwealth or any special law for the city 
of Lowell. A majority of the persons duly elected shall 
constitute a quorum for the transaction of business ; and 
the mayor may preside at all meetings of the school com- 
mittee. Jt shall be the duty of the school committee to 
exercise the same supervision and control over any institu- 
tion of instruction and house of reformation established by 
the city council as they are I)y law required to exercise 
over the public schools, as far as practicable. Whenever vacancies. 
any person elected a member of the school committee 
shall die, remove from the city, or refuse in writing, 
addressed to the board of aldermen for the time being, to 
accept the ofiice, before entering upon the duties thereof, 
the board of aldermen shall make a record of the fact, and 
thereupon issue their warrant for an election to fill such 
vacancy, to be held at such time as they shall deem advis- 
able. In case of a vacancy in the office of a member of 
the school committee the mayor shall call a joint conven- 
tion of the board of aldermen and of the school committee, 
at which the chairman of the board of aldermen shall pre- 
side, and such vacancy shall b}^ vote of a majority of all 
the members of the two bodies be filled by the election of 
a member from the ward in which the vacancy exists, to 
serve until the end of the current municipal year ; at the 
next municipal election the further vacancy, if any, shall 
be filled for the remainder of the unexpired term in the 
same manner as the meml^er whose office is vacant was 
elected. 

Section 29. The city council may establish a fire Fire depart- 
department, to consist of a chief engineer and as many ™®°'* 
assistant engineers, enginemen, hosemen, hook and ladder 
men and hydrant men, to be divided into companies, as 



292 



Acts, 1892. — Chap. 323. 



Engineers, etc., 
to be appointed 
by mayor and 
aldermen. 



Ordinance, 
order, etc., 
involving an 
expenditure of 
money, etc. 



the city council by ordinance shall from time to time pre- 
scribe ; and said city council may make provisions in 
regard to the time and mode of appointment and the 
occasion and mode of removals of said officers or members, 
and define their offices and duties, and in general may 
make such regulations concerning their pay, conduct and 
o^overnment, and concernins: the manao-ement and conduct 
of fires and persons attending fires, subject to all penalties 
provided for breach of city ordinances, as they shall deem 
expedient ; provided, that the appointment of chief engi- 
neer, assistant engineers, enginemen, hosemen, hook and 
ladder men and hydrant men shall be made by the mayor 
and aldermen exclusively. The engineers and other offi- 
cers of the fire department so appointed shall have the 
same authority in regard to the prevention and extinguish- 
ment of fires and the performance of the other offices and 
duties now incumbent upon firewards as are now conferred 
upon firewards by general laws, and the compensation of 
the fire department shall be fixed by the city council. 

Section 30. Every ordinance, order, resolution or 
vote to which the concurrence of the board of aldermen 
and of the common council may be necessary, except on 
the question of a convention of the two branches, and 
every order of either branch involving the expenditure of 
money or affecting the public interests, shall be presented 
to the mayor. If he approve thereof he shall signify his 
approval by signing the same, but if he does not approve 
thereof he shall return the same with his objections in 
writing to the branch in which it originated. Such branch 
shall cause the objections of the mayor to be eutered at 
length upon its records and shall proceed to reconsider 
said ordinance, order, resolution or vote, and if after such 
reconsideration two thirds of the members of said branch 
present and voting shall vote to pass the same notwith- 
standing such objections, it shall be in force, unless it 
originally required concurrent action, in which case it 
shall, together with the objections of the mayor, be sent 
to the other branch of the city council, where it shall also 
be reconsidered, and if it be approved Iw two thirds of 
the members of such other branch present and voting, it 
shall likewise be in force, but in all cases the vote thereon 
shall be taken by yeas and nays. If any such ordinance, 
order, resolution or vote shall not be returned by the 
mayor to the branch in which it originated, within ten 



Acts, 1892. — Chap. 323. 293 

days after it shall have been presented to him, the same ordinance, 
shall be in force : jjroriVW, however, that if any such vohTu'g^an'ex" 
ordinance, order, resolution or vote shall have been passed money"e^tc°/ 
by the city council within five days next preceding the 
expiration of the terra of office of said city council, and 
shall not be approved of by the mayor, the same shall be 
void. The mayor may except from his a))proval 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 origi- 
nal he shall transmit a copy of such portion not approved, 
which portion shall be reconsidered in the manner and 
with the effect herein provided for. No contract shall Contracts, 
bind the city to the expenditure of a sum exceeding live 
hundred dollars unless the same be in writing, executed 
and approved by the mayor on behalf of the city : pro- 
vided, Jioicever, that this clause shall not apply to specific 
contracts made in pursuance of a special vote of the city 
council or either branch thereof, passed in conformity to 
the requirements of this section. 

Section 31. Chapter one hundred and twenty-eight Repeal. 
of the acts of the year eighteen hundred and thirty-six, 
chapter one hundred and eighty-one of the acts of the 
year eighteen hundred and thirty-eight, chapter one hun- 
dred and twenty of the acts of the year eighteen hundred 
and forty-one, chapter two hundred and three of the acts 
of the year eighteen hundred and forty-five, chapter thirty- 
five of the acts of the year eighteen hundred and forty-six, 
chapter eighty-two of the acts of the year eighteen hun- 
dred and forty-seven, chapter one hundred and eighty- 
two of the acts of the year eighteen hundred and forty- 
nine, chapter three hundred and twenty of the acts of the 
3'ear eighteen hundred and fifty -one, chapter two hundred 
and seven of the acts of the year eighteen hundred and 
fifty-six, chapter one hundred and eighty-two of the acts 
of the year eighteen hundred and sixty-one, chapter one 
hundred and forty-eight of the acts of the year eighteen 
hundred and seventy, chapter two hundred and forty-five 
of the acts of the year eighteen hundred and seventy-four, 
■chapter one hundred and seventy-three of the acts of the 
year eighteen hundred and seventy-five and chapter one 
hundred and thirty-eight of the acts of the year eighteen 
hundred and seventy-nine, are hereby repealed ; but such 
repeal shall not re\'ive any act heretofore repealed, nor 



294 Acts, 1802. — Chap. 324. 

shall the repeal of said acts or the annulling of ordinances- 
inconsistent herewith affect any act done, liability incurred^ 
or any right accrued or established, or any suit or prose- 
cution, civil or criminal, to enforce any right or penalty or 
punish any offence under the authority of said ordinances. 
fc"Snc°e Section 32. This act shall be submitted to the quali- 

within one year fled votcrs of tlic city of Lowcll for acceptance at a 

by a majority •{ iiiii ..,. 

vote. special or regular election to be held therein within one 

year from the passage of this act, and the affirmative 
votes of a majority of the voters present and voting 
thereon shall be required for its acceptance. 

When to take SECTION 33. So much of this act as authorizes the 

submission of the question of its acceptance to the voters 
of said city shall take effect upon its passage, but it shall 
not further take effect unless accepted by the voters of 
said city, as herein provided. Approved May 31, 1892. 

Chcip.^^4: An Act to incorporate the city of medford. 

Be it enacted, etc., as folloios : 
City of Medford SECTION 1. The inhabitants of the town of Medford 

incorporated. 

shall be a body politic and corporate under the name of 
the City of Medford, and as such shall have, exercise 
and enjoy all the rights, powers, privileges and immuni- 
ties, and shall be subject to all the duties and obligations 
pertaining to and incumbent upon the said town as a 
municipal corporation. 
ftrTr8Ted"in Section 2. The government of the city and the general 
themayorand management and control of all the hscal, prudential and 
municipal affairs thereof shall be vested in a single officer,, 
to be called the mayor, and in a legislative body, to be 
called the city council, except however that the general 
management and control of the public schools of the city 
and of the buildings and property pertaining to such 
schools shall be vested in a school committee. 
To be divided SECTION 3. The territory of the city shall first be 

into SIX wards, . , , '^ i • /> 

etc. divided into six wards in the manner hereinafter pro- 

vided. The number of wards ma}', in any year fixed 
by law for a new division of wards in cities, be changed 
by vote of the city council passed, with the assent of 
the mayor, at or prior to the making of such division ; 
but the number of wards shall never be less than six. 
Warrants for SECTION 4. All meetings of the qualified voters of the 

elections, etc. city for the purpose of voting at elections and for other 
municipal or legal purposes shall be called by warrants- 



Acts, 1892. — Chap. 324. 295 

issued by order of the board of aldermen, which shall be 
in such form and be served and returned in such manner 
and at such time as the city council may by ordinance 
direct. ' 

Section 5. The municipal election shall take place Municipal eiec 
annually on the second Tuesday of December, and the yeai'."""""^'^^ 
municipal year shall begin at twelve o'clock, noon, on the 
first Monday of January and continue until twelve o'clock, 
noon, on the first Monday of the following January. 

Section 6. At the municipal election the qualitied bi'l'iected^by 1° 
voters shall in the several wards give in their votes by plurality vote. 
ballot for mayor and for members of the city council and 
of the school committee, or for snch of them as are to be 
elected, and the person receiving the highest number of 
votes for any office shall be deemed and declared to be 
elected to such office ; and whenever two or more persons 
are to be elected to the same office, the several persons, 
up to the number required to be chosen, receiving the 
highest number of votes shall be deemed and declared to 
be elected. 

Section 7. If it shall appear that there is no choice vacancies in 
of mayor, or if the person elected to that office shall and^membe'rB*" 
refuse to accept the office or shall die before qualify- °^"'^''^°"'^"'- 
ing, or if a vacancy in the office shall occur more than 
four months previous to the expiration of the term of 
service of a mayor, the board of aldermen shall forthwith 
cause warrants to be issued for a new election, and the 
same proceedings shall be had in all respects as are here- 
inbefore provided for the election of mayor ; and such 
proceedings shall be repeated until the election of a 
mayor is com[)leted. If the full number of members of 
the city council then required to be chosen shall not be 
elected at the annual municipal election, or if a vacancy 
in the office of a member thereof shall occur more than 
four months previous to the expiration of his term of 
office, the board of aldermen shall forthwith cause a new 
election to be held as aforesaid to till the vacancy. In 
case a vacancy in the office of mayor or of a member of 
the city council shall occur within the four months pre- 
vious to the expiration of his term of office, the city coun- 
cil ma}^ in its discretion, order a new election to be held 
as aforesaid to fill the vacancy. 

Section 8. When no convenient wardroom for hold- Location of 

1^-1 ■ T wardrooniB. 

ing the meetmgs of the qualified voters ot a ward can be 



296 



Acts, 1892. — Chap. 324. 



General meet- 
ings of the 
voters. 



City council to 
be composed of 
two branches. 



Election, etc., of 
aldermen. 



Terms of office. 



Election, etc., . 
of members of 
the common 
council. 



Oaths of office 
of mayor and 
city council. 



had within the territorial limits of such ward, the board 
of aldermen may, in the warrant for calling a meeting of 
the qualified voters of such ward, appoint and direct that 
the meeting be held in some convenient place within the 
limits of an adjacent ward of the city ; and for such pur- 
pose the place so assigned shall be deemed and taken to 
be a part of the ward for which the election is held. 

Section 9. General meetings of the qualified voters 
of the city may from time to time be held according to 
the right secured to the people by the constitution of the 
Commonwealth ; and such meetings may, and upon the 
request in writing of fifty qualified voters, setting forth the 
purposes thereof, shall be called. 

Section 10. The city council shall be composed of 
two branches, one of which shall be called the board of 
aldermen and the other the common council. The board 
of aldermen shall be composed of six members, who shall 
be elected by and from the qualified voters of the city. 
At the first municipal election three aldermen shall l3e 
elected who shall hold office for the municipal year next 
succeeding their election, and three aldermen shall be 
elected who shall hold ofiice for the two municipal years 
next succeeding their election ; and at every municipal 
election thereafter three aldermen shall be elected who 
shall hold office for the two municipal years next suc- 
ceeding their election. If in any year of a new division 
of the city into wards the number of the wards shall be 
chano^ed the terms of office of all the aldermen shall 
expire at the end of the municipal 5'ear in which the 
division is made, and at the municipal election occurring 
in such year, aldermen, as many in number as there are 
new wards, shall be elected. The board of aldermen so 
elected shall, directly after its organization, so assign by 
lot the terms of the respective members that the terms 
of one half of the members of the board, as near as may 
be, shall expire each year thereafter. Three members of 
the common council shall be elected annually by the 
qualified voters of each ward, and the councilmen so 
elected .shall hold office for the municipal year next suc- 
ceeding their election. Councilmen may be elected from 
the qualified voters of the entire city. 

Section 11. The mayor elect and the members elect 
of the city council shall on the first Monday in the Janu- 
ary succeeding their election, at twelve o'clock, noon, 



Acts, 1892. — Chap. 324 297 

assemble tojrether aud be sworn to the faithful discharofe Oaths of office 

I • 1 • r» 1 1 • • T p of mayor and 

of their duties. Ihe oath may be aduiini.stered to the city couucu. 
mayor by the city clerk, or by a judge of a court of 
record, or by a justice of the peace, and the oath may be 
administered to the members of the city council by the 
mayor, or by the city clerk, or by a justice of the peace. 
In caj«e of the absence of the mayor elect on the first 
iSIonda}' in January, or if a ma^^or shall be subsequently 
elected, the oath of oflice may at any time thereafter be 
administered to him in the presence of the city council ; 
and at any time after the first Monday in January the 
oath of office may be administered in the presence of 
either branch of the city council to a member of such 
branch who was absent on the first Monday in January, 
or who shall be subsequently elected. A certificate that 
such oath has been taken by the mayor shall be entered 
in the journal of both branches of the city council, and 
in the journal of each branch shall be entered a certificate 
that the oath has been so taken by the members of that 
branch. 

Section 12. Directly after the oaths of office have been Organization 

, . . , 1 1 1 f 1 • °^ each branch 

administered each branch of the city council shall meet of the city 
and organize by the election by ballot of a president, and ofcityc'ierij.etc. 
no other business shall be in order until a president has 
been chosen. The eldest senior member present shall 
preside until a president has been chosen. The two 
branches shall by concurrent vote elect by ballot a city 
clerk, who shall hold office for the municipal year and 
until his successor is elected and qualified. The city 
clerk shall also be the clerk of the board of aldermen ; 
but in case of delay in the election of a city clerk, or 
in case of a vacancy in the office, the board of aldermen 
may elect a temporary clerk who shall act as clerk of the 
board until a city clerk is chosen and qualified. The city 
clerk shall be sworn to the faithful discharge of his duties, 
in the presence of the board of aldermen, by the president 
of the board or by a justice of the peace. The common 
council shall elect its own clerk, who shall be sworn to 
the faithful discharge of his duties, in the presence of the 
council, by the president or by a justice of the peace. 
Each clerk shall attend the sessions of the branch for 
which he is elected and shall keep a record of its pro- 
ceedings and shall perform such further service as such 
branch may require. The president of the board of alder- 



298 



Acts, 1892. — Chap. 324. 



Removal from 
office. 



Vacancies. 



City messenger. 



Each branch to 
be judge of 
election, of its 
members, etc. 



Mayor may call 
special meet- 
ings, etc. 



City council, 
quorum; trans- 
action of busi- 
ness. 



Salary of 
mayor. 



Appropriations 
and loans. 



men may be removed from office by the affirmative votes 
of two thirds of all the aiembers of the said board. The 
city clerk may be removed by the affirmative votes of two 
thirds of all the members of each branch of the city coun- 
cil. The president and clerk of the common council may 
each be removed by the affirmative votes of two thirds of 
all the members of the common council. In case of the 
temporary absence or disability of the city clerk, the 
mayor may, with the consent of the board of aldermen, 
appoint a city clerk pro tempore, who shall be duly 
sworn. In case of a vacancy in the office the same shall 
be filled by concurrent vote of the two branches. The 
two branches may likewise by ordinance provide for the 
election by concurrent vote of a city messenger. 

Section 13. Each branch of the city council shall be 
the judge of the election and qualifications of its own 
members, shall determine the rules for its own proceed- 
ings, and may appoint such assistant clerks and other 
officers as may be necessary for the proper conduct of 
its own business. 

Section 14. The mayor may at any time call a special 
meeting of the city council or of either branch thereof, by 
causing a written notice of such meeting, containing a 
statement of the subjects to be considered thereat, to be 
left at the usual place of residence of each member at 
least twenty-four hours previous to the time appointed 
for the meeting, and no other business shall be transacted 
at such special meeting. 

Section 15. In each branch of the city council a 
majority of the whole number of members provided to 
be elected shall constitute a quorum for the transaction of 
business, but a smaller number may adjourn from time to 
time. The two branches shall sit separately for the trans- 
action of all business, and subsequent to the day of or- 
ganization they shall not both act on the same day upon 
a matter involving the appropriation or expenditure of 
money. 

Section 16. The city council shall by ordinance deter- 
mine the salary of the mayor and may in like manner 
change such salary from time to time, but no ordinance 
changing the salary shall take effect until the expiration 
of the current term of the mayor then in office. 

Section 17. All votes of the city council making ap- 
propriations or loans of money shall be in itemized form, 



sessions. 



Acts, 1892. — Chap. 324. 299 

and when brought before the city council on recommenda- 
tion of the mayor no item of the appropriation or loan in 
excess of the amount recommended by the mayor shall be 
passed except by the affirmative votes of two thirds of the 
members of each branch present and voting thereon. 

Section 18. P^ither branch of the city council may, Citycoundi, 
by special vote, hold private sittings for the consideration 
of candidates for election, and the board of aldermen may 
likewise hold private sittings for the consideration of 
nominations by the mayor, but all other sittings shall be 
public and all votes on election and on confirmation of 
appointments by the mayor shall be taken in public. 

Section 19. No member of the city council shall Members not to 
during the term for which he is elected hold any other other^office". 
office or position the salary or compensation for which is 
payable from the city treasury, nor shall he act as counsel 
or attorney before the city council or before either branch 
or any committee thereof. 

Section 20. Neither the city council nor either branch Employment of 

, «' 111 '^uor, making 

thereof, nor any committee or member thereof, shall of contracts, etc. 
directly or indirectly take part in the employment of 
labor, the expenditure of public money, the making of 
contracts, the purchase of materials or supplies, the con- 
struction, alteration or repair of any public works or other 
property, or in the care, custody or management of the 
same, or, in general, in the conduct of the executive or 
administrative business of the city, except as herein re- 
quired in providing for the appointment and removal of 
subordinate officers and assistants and as may be neces- 
sary for defraying the contingent and incidental expenses 
of the city council or of either branch thereof. 

Section 21. The city council shall have power within ordinances may 
said city to make and establish ordinances and to affix i5enartie^s^' 
thereto penalties for the violation thereof, as herein or ''^'^^''' ''^''' 
by general law provided, without the sanction of any court 
or of any justice thereof. All orditvinces so made and 
established shall be forthwith published in one or more 
newspapers designated by the mayor, and they shall, 
unless they contain an express provision for a later date, 
take effect at the time of their approval by the mayor, 
or if a penalty for their violation is provided, at the 
expiration of thirty days from the day of such approval. 

Section 22. The city council shall, subject always to Laying out, etc., 
the approval of the mayor, have exclusive authority and ways.'^etc.*" 



300 



Acts, 1892. — Chap. 324. 



Laying out, etc. 
of streets and 
ways, etc. 



General powers 
and duties of 
the city coun- 
cil. 



Mayor to hold 
oflSce for two 
years. 



To be the chief 

executive 

officer. 



To cause laws, 
ordinances, etc., 
to be enforced. 



power to order the laying out, locating anew and discon- 
tinuing of, and the making of specific repairs in, all streets 
and ways and all highways within the limits of the city ; 
to assess the damages sustained thereby by any person, 
and, except as herein otherwise provided, to act in mat- 
ters relating to such laying out, locating anew, altering, 
discontinuing or repairing ; but in all such matters action 
shall first be taken by the board of aldermen. Any per- 
son aggrieved by the action of the city council hereunder 
shall have all the rights and privileges now by law in 
similar cases allowed in appeals from decisions of select- 
men. 

Section 23. Except as herein otherwise provided the 
city council shall in general have and exercise the legisla- 
tive powers of towns and of the inhabitants thereof, and 
shall have all the powers and authority given to city coun- 
cils under the general laws of the Commonwealth and be 
subject to the duties imposed on city councils ; and the 
board of aldermen shall have and exercise all the powers, 
other than executive, given to selectmen of towns and to 
the selectmen of the town of Medford under any special 
laws heretofore passed with reference to said town of 
Medford not inconsistent herewith, and shall have all the 
powers and authority given to boards of aldermen of 
cities and shall be subject to the duties imposed upon 
such boards. 

Sectiox 24. The mayor shall be elected from the 
qualified voters of the city and shall hold office for the 
two municipal years next succeeding his election and until 
his successor is elected and qualified, except that when 
elected to fill a vacancy he shall hold ofiice only for the 
unexpired term and until his successor is elected and 
qualified. 

Section 25. The mayor shall be the chief executive 
officer of the city, and the executive powers of the city 
shall be vested in him and be exercised by him cither per- 
sonally or through tTie several officers and boards in their 
respective departments, under his general supervision and 
control. 

Section 26. The mayor shall communicate to the city 
council such information and shall recommend such meas- 
ures as in his judgment the interests of the city shall 
require ; shall cause the laws, ordinances and orders for 
the government of the city to be enforced, and shall 



Acts, 1892. — Chap. 324. 301 

secure ;in honest, efficient and economical conduct of the 
executive and administrative business of the city and the 
harmonious and concerted action of the different admin- 
istrative and executive departments. 

Section 27. In case of a vacancy in the office of i" a^^^'nce- etc., 

, •' , or mayor, tne 

mayor, or in case of his death, resignation or absence president of the 
from the Commonwealth, or of his inability from other men to act, etc. 
cause to perform the duties of his office, the president of 
the board of aldermen shall, under the style of acting 
maj^or, exercise the powers and perform the duties of 
mayor, except that he bhall not, unless authorized thereto 
in a special instance by the city council, make any perma- 
nent appointment or removal from office ; nor shall he, 
unless such disability of the mayor has continued at lea^st 
ten days, or unless the office of mayor has become vacant, 
have power to approve or disapprove any ordinance, order, 
resolution or vote of the city council. 

Section 28. The mayor shall appoint, subject to the Mayor to ap. 
confirmation or rejection of the board of aldermen, all oTilcers^s'^ib'ject 
the officers of the city, unless their election or appoint- o^ board"f '^°° 
ment is herein otherwise provided for. No such appoint- aWermen. 
ment made by the mayor shall be acted upon by the 
board of aldermen until the expiration of one week from 
the time when the appointment is transmitted to the 
board. Any officer so appointed may be removed by Removal of 
the mayor for such cause as he shall deem sufficient and ° 
shall assign in his order of removal, and the removal 
shall take effect upon the filing of the order therefor in 
the office of the city clerk and the service of a copy of 
such order upon the officer removed, either personally 
or at his last or usual place of residence. The city clerk 
shall keep such order on file and subject to public inspec- 
tion. 

Section 29. The mayor shall cause to be kept a Mayor, official 
record of all his official acts, and for that purpose and '■"°'^''> '=^^' '*• 
to aid him in his official duties he may, without the con- 
firmation of the board of aldermen, appoint one or more 
clerks, whose number and compensation shall be fixed by 
the city council. 

Section 30. The mayor shall as often as once in each Jo caii heads of 

1 /• 1 • 1 rti ■ /> 1 departments in 

month call together for consultation upon the anairs of the consultation. 
city, the heads of departments, who shall whenever called 
upon furnish such information relative to their respective 
departments as he may request. 



302 



Acts, 1892. — Chap. 324. 



Estimates of 
amount deemed 
necessary for 
the several de- 
partments. 



Appropriations 
and expen- 
ditures. 



Detailed state- 
ments of re- 
ceipts and 
expenditures to 
ba published. 



Administrative 
officers of the 
city. 



Section 31. The mayor shall in the month of January 
of each year cause to be made to him by the heads of 
departments and by all other officers and boards having 
authority to expend money, detailed estimates of the 
amounts deemed by them to be necessary for their respec- 
tive departments for the financial year, which shall begin 
on the first day of the following February, and he shall, 
not later than the first week in February, transmit such 
estimates to the city council, recommending appropria- 
tions for each department or purpose as he shall deem 
necessary therefor. 

Section 32. No sum appropriated for a specific pur- 
pose shall be expended for any other purpose, and no 
expenditure shall be made and no liability incurred by 
or in behalf of the city until the city council has duly 
voted an appropriation sufficient to meet such expenditure 
or liability, together with all prior unpaid liabilities which 
are payable therefrom, unless by authority of the city 
council first obtained, except that after the expiration 
of the financial year and before the making of the regular 
annual appropriations, liabilities payable out of a regu- 
lar appropriation may be incurred to an amount not ex- 
ceeding one sixth of the total of the appropriation made 
for similar purposes in the preceding year. 

Section 33. The mayor shall annually require all 
boards and officers intrusted with the receipt and expen- 
diture of public money and with the care and custody of 
public property to make particular and detailed statements 
thereof, and shall cause such statements to be published 
for the information of the citizens. 

Section 34. There shall be the following administra- 
tive officers, who shall perform the duties by law pre- 
scribed for them respectively, and such further duties 
not inconsistent with the nature of their respective offices 
and with general laws as the city council may prescribe : 
— 1. A city treasurer. 2. A city collector. 3. A city 
auditor. 4. A city solicitor. 5. A board of assessors, 
consisting of three persons, i). A board of overseers of 
the poor, consisting of three persons. 7. A board of 
health, consisting of three persons. 8. A city physician. 
9. A street commissioner, who shall have the powers of 
a surveyor of highways ; — but, instead thereof, the city 
council may confer such powers upon a board of street 
commissioners or a board of public works. The city 



Acts, 1892. — Chap. 824. 303 

council niav from time to time, subject to the i)rovisions Estubiishmeut 
ot this net and in accordance with general laws, it they boaniHand 
exist in any particular case, provide by ordinance for the ^^''''^- 
establishment of additional boards and other offices, for 
the construction and care of the various public works and 
buildings, for the direction and custody of public parks, 
for the management and control of a public hospital and 
for other municipal purposes ; may determine the number 
and duties of the incumbents of such boards and offices, 
and for such purposes may delegate to such boards and 
offices the administrative powers given by general laws 
to city councils and boards of aldermen. The city coun- Reorganization 
cil may likewise from time to time consolidate boards and 
offices, and may separate and divide the powers and duties 
of such as have already been established, may increase 
the number of persons constituting either of the boards 
above-specified, and when such increase has been made 
Diay subsequently diminish the number, may increase or 
diminish the number of persons who shall perform the 
duties of an office or board hereafter established as above 
provided, and may abolish an office or board so hereafter 
established. It shall be the duty of the mayor to appoint f^jfj^l^f^l 
all the officers above-specified, and unless otherwise pro- office. 
vided all those for whom provision shall hereafter be made 
as above, on or before the first Monday in February in 
the municipal year, and their terms of office shall begin 
on the first Monday in March and shall continue for one 
year or for such other period as the city council shall by 
ordinance in any case provide, except that the terms of 
office of all the officers so specified who shall be first 
appointed hereunder, shall begin respectively upon their 
appointment and qualitication. Every administrative offi- 
cer shall unless sooner removed hold office until his suc- 
cessor is appointed and qualified. 

Section 35. All administrative officers shall be sworn AdmimstraMve 
to the faithful discharge of their respective duties, and official records. 
certificates of their oaths shall be made and kept in the 
office of the mayor ; and all such boards and other officers 
shall keep a record of their official transactions, and such 
record shall be open to public inspection. 

Section 36. The city council may require the city Treasurer, coi- 
treasurer, the city collector, the city auditor and such be'^ required uT^ 
other officers whose appointment is provided for in the s'^^'^o'^'^s- 
preceding sections, as are intrusted with the receipt, care 



304 



Acts, 1892. — Chap. 324. 



Administrative 
boards, etc., 
may appoint 
and discharge 
subordinate 
officera, etc. 



May employ 
labor, malie 
contracts, etc. 



Contracts in 
excess of $300 
to be approved 
by the mayor, 
etc. 



Police depart- 
ment. 



Fire depart- 
ment. 



or disbursement of money, to give bonds with such secur- 
ity as it shall deem proper, for the faithful discharge of 
their respective duties. 

Section 37. The administrative boards and officers 
above-specified in section thirty-four, and every adminis- 
trative board and officer hereafter estalilished by the city 
council under the provisions of sections thirty-four to 
forty-five inclusive, and having the charge of a depart- 
ment, shall have the power, except as herein otherwise 
provided, to appoint and employ and to discharge and 
remove all subordinate officers, clerks and assistants in 
their respective departments ; and they shall keep a 
record, subject to inspection, of all so appointed and em- 
ployed and of all discharged and removed, and in case 
of discharge and removal of the sfrounds therefor. 

Section 38. The several administrative boards and 
officers having charge of departments shall within their 
respective departments, employ all labor, make and exe- 
cute all necessary contracts, purchase all materials and 
supplies, have charge of the construction, alteration and 
repair of all public buildings and works, have the entire 
care, custody and management of all public works, insti- 
tutions, buildings and other property, and shall in gen- 
eral have the immediate direction and control of all 
executive and administrative business ; and they shall at 
all times be accountable for the proper discharge of their 
duties to the mayor as the chief executive officer of the 
city. All contracts made in behalf of the city in which 
the amount involved exceeds three hundred dollars shall 
in order to be valid require the signature of the mayor, 
and except as herein otherwise provided or by law re- 
quired no expenditure shall be made or liability incurred 
for any purpose beyond the appropriations previously 
made therefor. 

Section 39. The city council may establish a police 
department and provide for the appointment of a chief 
of police and of other members of the police force by 
the mayor, or by a police board, or for the appointment 
of other members of the force by a chief of police to be 
appointed by the mayor. 

Section 40. The city council may establish a fire 
department and provide for the appointment of a chief 
engineer and of other members of the department by the 
mayor, or by a fire board, or for the appointment of other 



sioncrs. 



Acts, 1892. — Chap. 324. 305 

members of the department by a chief engineer to be 
appointed by the mayor. 

Section 41. The city council first chosen after the water commis- 
acceptauce of this act shall, as soon as may be convenient 
after their organization, choose by concurrent vote three 
persons to be water commissioners, one for three years, 
one for two years and one for one year ; and thereafter 
the city council shall annually, as soon after their organ- 
ization as may be convenient, choose in the same manner 
one person who shall hold his office for the term of three 
years next ensuing and until another shall be chosen and 
qualified in his stead. Vacancies occurring in the com- 
mission may be filled by concurrent vote of the city coun- 
cil at an}' time. The city council may at any time remove 
any member of said commission from said office for cause. 
All power and authority now vested by law in the water 
commissioners for the town of Medford shall be trans- 
ferred to and vested in the water commissioners for 
the city of Medford. 

Section 42. The city council first chosen after the Trustees of the 
acceptance of this act shall, as soon as may be convenient p"^''^ ''^''-''''y- 
after their organization, choose by concurrent vote three 
persons to be trustees of the public library, one for one 
year, one for two years and one for three years ; and 
thereafter the city council shall annually, as soon as may 
be convenient after their organization, choose in the same 
manner one person who shall hold his office for the term of 
three years next ensuing and until another shall be chosen 
and qualified in his stead. Vacancies occurring in said 
trustees may be filled by concurrent vote of the city coun- 
cil at any time. The city council may at any time remove 
any of said tmstees from said office for cause. Said trus- 
tees shall have the management and control of the public 
library of said city of Medford and the expenditure of all 
moneys which may be appropriated by said city for said 
library, and of all moneys which may come into the pos- 
session of said city for the benefit of said library, and may 
employ such assistants as they shall deem necessary and 
establish their rate of compensation. 

Section 43. The city council first chosen after the Trustees of 
acceptance of this act shall, as soon as may be convenient ^emefery!*^ 
after their organization, choose by concurrent vote five per- 
sons to be trustees of Oak Grove cemetery, one for one 
year, one for two years, one for three years, one for four 



306 



Acts, 1892. — Chap. 324. 



Boards and 
departments to 
tfive informa- 
tion, etc., upon 
request of city 
council, etc. 



.Salaries to be 
established by 
ordinance. 



School com- 
mittee. 



years and one for five years ; and thereafter the city coun- 
cil shall annually, as soon after their organization as may 
be convenient, choose in the same manner one person who 
shall hold his office for the term of five years next ensuing 
and until another shall be chosen and qualified in his stead. 
Vacancies occurring in the trustees may be filled by con- 
current vote of the city council at any time. The city 
council may at any time remove any of said trustees from 
said office for cause. Said trustees shall have and exercise 
all powers heretofore conferred upon the trustees of Oak 
Grove cemetery by the town of Medford, and all powers 
which the city council may by ordinance hereafter confer 
upon said trustees. 

Section 44. Every administrative board, through its 
chairman, and every officer having charge of a department 
shall, at the request of either branch of the city council, 
appear before it and give such information as it may 
require in relation to any matter, act or thing connected 
with the discharge of the duties of such board or office ; 
and when so requested to appear the officer who appears 
shall have the right to speak upon all matters under con- 
sideration relating to his department. 

Section 45. The city council shall establish by ordi- 
nance the salary or compensation of every administrative 
officer, but after the first municipal year no ordinance 
changing any such salary or compensation shall take effect 
until the municipal year succeeding that in which the ordi- 
nance is passed. 

Section 46. The management and control of the schools 
of the city shall be vested in a school committee, consist- 
ins: of members at larg^e and members from w\irds. At 
the first municipal election held under this act three mem- 
bers at larofe of the school committee, Avho shall be inhabi- 
tants of the city, shall be elected by the qualified voters of 
the entire city, one to serve for the term of three years, 
one for the term of two years and one for the term of one 
year, beginning with the first Monday in the January then 
next ensuing ; and thereafter one member at large of the 
school committee shall be elected in like manner at each 
annual municipal election to serve for the term of three 
years, beginning with the first Monday in the January next 
ensuing, in place of the member at large whose term then 
expires. At the first election so held, six members from 
wards, of the school committee, one being an inhabitant 



Acts, 1892. ~ Chap. 324. 307 

of each ward, shall be elected by the qualified voters of 
the entire cit}'. Two of such members shall serve for 
terms of three years, two for terms of two years and two 
for terms of one year, beginning with the first Monday in 
the January next ensuing ; and their respective terms 
shall be assigned to them by lot, directly after their elec- 
tion, by the selectmen of the town. At each subsequent 
annual municipal election the qualified voters of the city 
shall elect two members from wards, of the school com- 
mittee, inhabitants of the same wards from which the mem- 
bers whose terms of office then expire were elected, to 
serve for terms of three years as aforesaid. If however 
in any year there shall be a new division of the city into 
wards, the terms of office of all the members from wards, 
of the school committee, shall expire at the end of the 
municipal year in which such division is made ; and at the 
municipal election occurring in such year, members from 
wards, as many in number as there are new wards, and one 
being an inhabitant of each ward, shall be elected by the 
qualified voters of the city ; and the mayor shall by lot 
make such arrangement of the terms of the respective 
members from wards, of the school committee, that the 
terms of one third of the members of the school commit- 
tee, as near as may be, shall expire each year. 

Section 47. In case of a vacancy in the office of a vacancy in 
member of the school committee the mayor shall call a b^'^offh™""' 
joint convention of the board of aldermen and of the ^|'tt°g'^°™' 
school committee, at which the president of the board of 
aldermen shall preside, and such vacancy shall, by vote of 
a majority of all the members of the two bodies, be filled 
by the election of a member at large or of a member from 
a certain ward, according as the vacancy exists, to serve 
until the end of the municipal year in which the warrant 
for the next annual municipal election shall be issued ; 
and at such election the further vacancy, if any, shall be 
filled for the remainder of the unexpired term in the same 
manner as the member whose office is vacant was elected. 

Section 48. The school committee shall meet on the first school com. 
Monday in January in each year and organize by the elec- ™anizl o°n°the 
tion by ballot of one of its members as chairman, and bv *j'"«' ^^onday in 

1 1 • f 11 rpM January. 

the election of a clerk. The committee shall be the judge 
of the election and qualification of its members and shall 
determine the rules for its proceedings. A majority of the 
whole number provided to be elected shall constitute a 



308 Acts, 1892. — Chap. 324. 

quorum for the transaction of business, but a smaller num- 
ber may adjourn from time to time. 

To elect super- SECTION 49. The school Committee may elect a super- 
intendent of . 1 « , , , . , , I 
Bchooia. mtendent oi schools, and may appomt such other subor- 
dinate officers and assistants as it may deem necessary for 
the proper discharge of its duties and the conduct of its 
business ; shall define their terms of service and duties 
and fix their compensation, and may remove and discharge 
them at pleasure. 
May purchase SECTION 50. The school committce, in addition to the 

lands for school . z-ji t,i ti f ai li- 

purposes, etc. exei'cise ot the powers and the discharge ot the duties 
imposed by law upon school committees shall, subject to 
the approval of the mayor and to the provisions of the 
three following sections, have full power and authority 
to select and purchase lands for school purposes, to deter- 
mine the pl.ms of all school buildings to be erected, to 
order all additions, alterations and repairs to school build- 
ings, and to provide, when necessary, temporary accom- 
modations for school purposes. 
Tomakeesti- SECTION 51. The school Committee shall in the month 
penfes for of January in each year submit to the mayor an estimate 
thwndlrj^ear. ^^ detail of the amount deemed by it necessary to expend 
for its purposes during the succeeding financial year, and 
the mayor shall transmit the same, with the estimates of 
the departments, to the city council, and shall recommend 
such appropriations as he shall deem necessary. 
To incur no SECTION 52. Unlcss thereto required by law the school 

yon'd"the"^^ ' Committee shall cause no liability to be incurred and no 
pn^aiionf^^"^"" expenditure to be made for any purpose beyond the spe- 
cific appropriation which may be made therefor by the city 
council, except that after the expiration of the financial 
year, and before the making of the regular annual appro- 
priations, liabilities payable out of a regular appropriation 
may be incurred to an amount not exceeding one sixth of 
the total of the appropriation made for similar purposes in 
the preceding year. 
Orders, etc , in- SECTION 53. All ordcrs, rcsolutious and votes of the 
diture^of money school committce which involve the expenditure of money 
to raayof for'''* shall be presented to the mayor for his approval, and 
approval. thereupon the same proceedings shall be had as are pro- 

vided b}' law in relation to similar orders, resolutions and 
votes of a city council. 
Salaries. SECTION 54. The city council may determine whether 

salaries shall be paid to the members of the school com- 



Acts, 1892. — Chap. 324. 309 

• 

mittee and may fix the amount thereof, and may change 
the same from time to time. 

Section 55. The removal of a member of the school Removal from 
committee from the ward for which he was elected, to qu^autkution."^' 
another ward of the city, shall not disqualify him from 
dischaiiring the duties of his office for the remainder of 
the term for which he was elected. 

Section 56. The general laws relating to the municipal Municipal 

^ 1 . ^ /••^•ii 11 •• ii indebtedness, 

indebtedness ot cities, the general laws requiring the ap- etc. 
proval of the mayor to the doings of a city council or of 
either branch thereof, and relative to the exercise of the 
veto power by the mayor of a city, and the provisions of 
chapter three hundred and twenty of the acts of the year 
eighteen hundred and eighty-four, and all acts in amend- 
ment thereto, shall have full force, application and effect 
in said city, but said city shall be exempted from the 
operation of section one of chapter three hundred and 
twelve of the acts of the year eighteen hundred and 
eighty-five until the first day of January in the year 
eighteen hundred and ninety-seven. 

Section 57. All persons holding office in said town Present officers 
at the time when this act takes effect and becomes of u'um'new or- 
force therein, as herein provided, shall continue to hold ganization. 
such offices until the organization of the city government 
hereby authorized shall be effected, and until their respec- 
tive successors shall be chosen and qualified. 

Section 58. No suits, prosecutions or other legal pro- Pending legai 
ceedings in which said town is a party, pending at the fobTaffmed?' 
time when this act takes effect in said town, and no rights 
then already accrued or penalties or forfeitures incurred 
under any such proceedings, shall be affected or impaired 
by the taking effect of this act, and all by-laws of said 
town shall continue in force until repealed or superseded 
by ordinance. 

Section 59. Trust funds now or hereafter given to or Trust funds. 
held by said town shall be received, held and administered 
by the city council of the city, and trust funds now or 
hereafter given to or held by the selectmen or other des- 
ignated officers of the town shall be received, held and 
administered by the mayor or by other officers of the 
said city having powers corresponding to those of the 
officers who formerly held and administered such funds. 

Section 60. All general laws in force in the town of (General and 
Medford when this act shall be accepted as herein pro- to continue in 

* ^ force. 



310 



Acts, 1892. — Chap. 321. 



Territory to be 
divided into six 
wards. 



Suitable polling 
places to be 
provided. 



List of voters 
to be published. 



Selectmen to 
notify persons 
elected at the 
first election. 



To provide 
place for meet- 
ing of school 
committee, etc. 



vided, and all special laws heretofore passed with reference 
to said town of Medford, and which shall then have been 
duly accepted by said town, and which shall then be in 
force therein, shall, until altered, amended or repealed, 
continue in force in the said city of Medford. 

Section 61. Upon the taking effect of this act as 
herein provided the selectmen of said town shall forthwith 
divide the territory of the town into six wards, so that the 
wards shall contain, as nearly as ma}^ be consistent with 
well defined limits to each, equal numbers of voters, and 
they shall designate the wards by numbers. They shall 
for the purpose of the first municipal election to be held 
hereunder, which shall take place on the second Tuesday 
in the December next succeeding such taking effect, pro- 
vide suitable polling places in the several wards, and shall 
give notice thereof; and shall, at least ten days previous 
to such second Tuesday in December, appoint all proper 
election oflicers for such election ; and they shall in general 
have the powers and perform the duties of the mayor and 
the board of aldermen of cities under the general laws 
relating to elections in cities, the provisions of which shall 
so far as applicable apply to such election ; and the town 
clerk shall perform the duties therein assigned to a city 
clerk. The registrars of voters shall cause to be prepared 
and published, according to law, lists of the qualified 
voters in each of the wards established by the selectmen. 

Section (52. The selectmen shall notify of their elec- 
tion the persons elected at the first election under this 
act, and shall provide and appoint a place for the first 
assembling of the mayor and city council, and for the 
meeting of the city council on the first Monday in the 
January next ensuing; and shall, by written notices left 
at their respective places of residence at least twenty-four 
hours prior to such assembling, notify thereof the mayor 
elect and the members elect of the city council, who 
shall proceed to organize and carry into efiect the pro- 
visions of this act, which shall then have full force and 
effect. The selectmen shall in like manner provide and 
appoint a place and hour for the fir!?t meeting of the 
school committee on the day aforesaid, and shall notify 
the members elect thereof. Nothing herein shall affect 
the annual meeting in said town, which may be held next 
after the taking effect of this act, for the election of 
national, state, district and county officers. 



Acts, 1892. — Chaps. 325, 326. 311 

Section 63. A meeting may be called for the purpose Meeiingsfor 
of submitting the question oi the acceptance or this act to question of ac- 
the legal voters of said town at any time after the passage '^^vi^'^'^e. 
hereof, except in the months of November and December. 
At such meetings the polls shall be open not less than 
eight hours and the vote be taken by ballot, in accord- 
ance with the provisions of chapter four hundred and 
twenty-three of the acts of the year eighteen hundred and 
ninety, and of all other acts relating to town elections, so 
far as the same shall be applicable, in answer to the ques- 
tion, " Shall an act passed by the general court in the 
year eighteen hundred and ninety-two, entitled ' An act 
to incorporate the city of Medford ' be accepted?"; and 
the affirmative votes of the majority of the voters present 
and voting thereon shall be required for its acceptance. 
If at the meetiuof so called this act shall fail to be thus 
accepted, it may at the expiration of one year from any 
such previous meeting be again thus submitted for accept- 
ance, but not after the period of three years from the 
passage hereof. 

Section 64. So much of this act as authorizes the sub- when to take 
mission of the question of its acceptance to the legal voters *^^'^'" 
of t-aid town shall take etfect upon its passage, but it shall 
not take further eflect unless accepted by the legal voters 
of said town as herein prescribed. 

Ajyproved May 31, 1892. 



An Act to authorize the city of chelsea to take certain 
land in said city for a parkway. 



C%9.325 

Be it enacted, etc., asfolloivs: 

Section 1. The city of Chelsea is hereby authorized May take lami 

'' ... 101' a park. 

to use so much of Broadway square in said city as may be 
necessary for the purposes of a parkway or park. 

Section 2. This act shall not take effect unless ac- subject to ac- 
cepted by the city council of the city of Chelsea within th?ee months.'" 
three months from its passage. Approved May 31, 1892. 

An Act to acthorize the nadkeag water company to increase />^^v^ qo(^ 
ITS water supply. ^ ' 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter two hundred and 1883,201, 
one of the acts of the year eighteen hundred and eighty- §"^''*'"ended. 
three is hereby amended by inserting after the word 



312 



Acts, 1892. — Chap. 327. 



May take 
water, etc., in 
Ashburnham. 



"Adams", in the fourth line thereof, the words: — and 
others, — so as to read as follows : — Section 2. The 
said corporation, for the purposes aforesaid, may take by 
purchase or otherwise, and hold, the w^ater of any springs 
or streams, or of any other w^ater sources, on land owned 
by the said Ivers W. Adams and others in said town of 
Ashburnham, but nothing in this act shall authorize the 
taking of the water of any spring, brook or pond flowing 
into Miller's river, or any branch thereof, w^ithin said town 
of Ashburnham, and the water rights connected with any 
such water sources, and also all lands, rights of way and 
easements, necessary for holding and preserving such 
w^ater, and for conveying the same to any part of said 
town ; and may erect on the land thus taken or held, 
proper dams, buildings, fixtures and other structures, and 
may make excavations, procure and operate machinery, 
and provide such other means and appliances as may be 
necessary for the establishment and maintenance of com- 
plete and eftective water w^orks ; and may construct and 
May construct lay dowu couduits, pipcs and other works under or over 
conduusfeu;" s^ij lauds. Water courses, railroads, or public or private 
wa3^8, and along any such ways in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of this 
act, said corporation may dig up 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 2. This act shall take effect upon its passage. 

Approved May 31, 1892. 

Chan 327 ^^ ^^^ ^^ relation to enforcing the liability of share- 

•^ * HOLDERS IN TRUST COMPANIES. 

Be it enacted, etc. , as follows : 
Liability of Section 1. Any trust company whose shareholders 

shareholders in tii-ji j/>ji- !• r i e 

trust companies are liable in the manner tet forth in section fourteen ot 
to be enforced. ^.|^.^ptg^. f^^^. hundred and thirteen of the acts of the year 
eighteen hundred and eighty-eight, whose capital stock 
shall in the opinion of the board of commissioners of sav- 
ings banks have become impaired by losses or otherwise, 
shall, within three months after receiving notice from said 
board, pay the deficiency in the capital stock by assessment 



Acts, 1892. — Chap. 328. 313 

upon the sharoliolders, pro rata, for the amount of tlie 
capital stock hokl by each. If any such company shall 
fail to pay up such deficiency in its capital stock for three 
months after receiving notice from said hoard of commis- 
sioners of savings hanks, said board may apply to a justice 
of the su{)reme judicial court for an injunction against it, 
as provided in section six of chapter one hundred and six- 
teen of the Public Statutes: jprovided^ that if any share- rroviso. 
holder or shareholders of such company shall neglect or 
refuse, after three months' notice, to pay the assessment 
as provided in this section, it shall be the duty of the 
])oard of directors to cause a sufficient amount of the capi- 
tal stock of such shareholder or shareholders to be sold at 
public auction, after thirty days' notice shall be given by 
posting such notice of sale in the office of the company 
and by publishing such notice in a newspaper of the city 
or town in which the company is located or in a newspaper 
published nearest thereto, to make good the deficiency ; 
and the balance, if any, sh ill be returned to such delin- 
quent shareholder or shareholders. 

Section 2. Nothing in this act shall be construed to Not to take 
take away the right of creditors to enforce the liability of Hghuof'''' 
shareholders in such corporations, as provided by section iggs' 413^ Tf/"^ 
fourteen of chapter four hundred and thirteen of the acts 
of the year eighteen hundred and eighty-eight, or to 
increase the general liability of such shareholders. 

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

Approved May 31^ 1892. 



An Act to establish the salaries of the justices of the 
supekior court. 



(7/zai9.328 

Be it enacted^ etc., as follows: 

Section 1. The chief justice of the superior court salaries estab- 
shall be paid out of the treasury of the Commonwealth 
an annual salary of six thousand dollars, and five hun- 
dred dollars annually in full compensation for travelling 
expenses ; and each of the associate justices of said court 
shall be paid out of said treasury an annual salary of five 
thousand five hundred dollars, and five hundred dollars 
each annually in full compensation for travelling expenses, 
to be so allowed from the first day of January in the year 
eighteen hundred and ninety-two. 



314 



Acts, 1892. — Chap. 329. 



Repeal. 



(7^029.329 



Fall River Real 
Estate ABBOcia- 
tion of Fall 
River, incor- 
porated. 



May hold, sell, 
mortgage, etc., 
real estate in 
Fall River. 



Capital stock 
and shares. 



Proviso. 



May increase 
capital stock. 



Proviso. 



Section 2. Section two of chapter two hundred and 
sevent^^-four of the acts of the year eighteen hundred 
and eighty-eight is hereby repealed. 

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

Approved May 31, 1892. 

An Act to incorporate the fall river real estate associa- 
tion. 

Be it enacted, etc., as follows : 

Section 1. Arnold B. Sanford, Frank S. Stevens, 
John D. Flint and Andrew J. Jennings, their associates 
and successors, are hereby made a corporation for the 
terra of twenty-five years from the date of the passage of 
this act, by the name of the Fall River Real Estate Asso- 
ciation of Fall River ; subject to the provisions of chapter 
one hundred and five of the Public Statutes and to all 
general corporation laws which now are or hereafter may 
be in force relating to such corporations, and shall have 
the powers and be subject to the liabilities and restric- 
tions prescribed therein. 

Section 2. The said corporation shall have power to 
purchase and hold the following described real estate 
situate in Fall River in this Commonwealth, to wit : — 
one certain lot of land bounded north by Central street, 
east by Main street, south by Pocasset street and west 
by land of Pocasset Manufacturing Company ; also one 
certain lot of land bounded north by Pocasset street, 
easterly by South Main street, southerly by land of 
Chappel heirs and westerly by a twelve foot w^ay and 
land of the Herald Publishing Company, and to sell, mort- 
gage, let, lease and improve the same, and to erect dwell- 
ing houses and other buildings and structures thereon, as 
may be deemed necessary and expedient. 

Section 3. The capital stock of said corporation shall 
be one hundred thousand dollars, and shall be divided 
into shares of one hundred dollars each : pi'ovided, that 
no stock shall be issued until the whole amount of said 
capital stock shall have been paid in either in cash or 
property, the value of which property, if any, shall be 
determined by the commissioner of corporations. 

Section 4. The said corporation may from time to 
time increase its capital stock in amounts not to exceed 
in the aggregate the further sum of four hundred thousand 
dollars : provided, that no shares in such increased capital 



Acts, 1892. — Chaps. 330, 331. 315 

stock shall be issued for a less sum to be actually paid 
in on each share in cash or property than the i)ar value 
thereof, which shall not be less than one hundred dollars, 
the value of said property to be determined as aforesaid ; 
and aUo provided, that a certificate stating the amount of Proviso. 
any such increase shall within ten days thereafter be made, 
signed and sworn to by its president, treasurer and a 
majority of its directors, and be filed in the office of the 
secretary of the Commonwealth. 

Section 5. This act shall take efi'ect upon its passage. 

Approved 3fay 31, 1892. 



Chap330 



An Act to provide a penalty for intimidating laborers. 

Be it enacted, etc., as follows: 

Any person or corporation, or agent or officer on behalf [^"i^^'id^^aJg 
of such person or corporation, who shall hereafter coerce laborers. 
or compel any person or persons to enter into an agree- 
ment, either written or verbal, not to join or become a 
member of any labor organization, as a condition of such 
person or persons securing employment or continuing in 
the employment of any such person or corporation, shall be 
punished by a fine of not more than one hundred dollars. 

Approved May 31, 1892. 

An Act relating to peddling by minors. ChdJ) 331 

Be it enacted, etc., as follows: 

Section two of chapter sixty-eight of the Public Statutes p. s. m, § 2, 
is hereby amended by striking out all of said section »™*^°'^'^'^- 
and inserting in place thereof the following new sec- 
tion : — Section 2. The mayor and aldermen of a city, 
and the selectmen of a town, may make regulations pro- cities and towns 
hibiting or regulating and providing for issuing licenses ^tJs'by mtnors. 
for the sale b}- minors of any goods, wares or merchandise, 
the sale of which is permitted l)y the preceding section ; 
such licenses to be issued on the terms and conditions 
prescribed in such regulations. Any minor who shall sell Penalty. 
any such articles without a license, when one is required, 
or who shall violate any such regulation or any of the 
terms or conditions of any such license, shall })e punished 
by a fine not exceeding ten dollars for each offence. 

Approved May 31, 1892. 



316 



Acts, 1892. — Chaps. 332, 333. 



Ch(lT>.332 ^^ ^^^ ^^ SECURE GREATER SECRECY OF THE BALLOT WHEN A 



Giving informa- 
tion regarding a 
ballot cast bj" a 
challenged 
voter, pro- 
hibited. 



Penalties. 



VOTER IS CHALLENGED. 

Be it enacted, etc., as follows: 

Section 1. No election officer, or officer whose duty 
it may be to recount the votes cast at any election, shall 
make any statement or give any information in regard to 
a ballot deposited b}^ a challenged voter at any election, 
except as required by law. No person other than said 
officers shall make any statement or give any information 
in regard to any ballot cast by a challenged voter at any 
election. 

Section 2. Whoever violates any provision of this act 
shall be punished by fine of not less than twenty dollars 
nor more than two hundred dollars, or by imprisonment 
in the jail for not exceeding one year, or by both such 
fine and imprisonment. Approved May 31, 1892. 



Chap 



Commissioner 
of public 
records to be 
aj)pointed. 



To be provided 
with an ofHcc. 



Salary. 



Duties of the 
commissioner. 



.333 ^N -^CT TO PROVIDE FOR THE APPOINTMENT OF A COMMISSIONER 

OF PUBLIC RECORDS. 

Be it enacted, etc., asfolloivs: 

Section 1. A commissioner of public records shall be 
appointed by the governor, with the advice and consent 
of the council, who shall hold his office for three years 
from the date of his commission and until his successor is 
appointed and qualified, unless sooner removed by the 
governor. Upon the occurrence of a vacancy before the 
expiration of the terra, an appointment shall be made for 
the remainder of the term. The commissioner shall be 
provided with an office in the state house or in some other 
suitable place in the city of Boston. 

Section 2. The annual salary of said commissioner 
shall be twenty-five hundred dollars. Said commissioner 
may expend such sums for travelling, clerical and other 
expenses necessary in the performance of his duties as the 
governor and council may approve, but the total expendi- 
ture for such expenses shall not in any one year exceed 
twenty-five hundred dollars. 

Section 3. It shall be the duty of said commissioner 
to take such action as may be necessary to put the public 
records of the counties, cities, towns, churches, parishes 
or religious societies of the Commonwealth, in the custody 
and condition contemplated by the various laws relating 
to such records, and to secure their preservation. 



Acts, 1892. — Chap. 334. 317 

Section 4. He shall make a report in writinp: to the to make annual 
legislature in January of each year, of the results of his [eluLture/ 
labors in accordance herewith, with such reconniiendations 
and suggestions as may seem important for the safety and 
benefit of said records. 

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

Approved May 31, 1892. 

An Act to incorporate the onset water company. Clinii ^S4 

Be it enacted, etc. , as folloivs : 

Section 1. Joseph K. Nye, William F. Nye and ^Zn^^yMlcov. 
Henr}^ G. Dennis, their associates and successors, are poraud. 
hereby made a corporation by the name of the Onset 
Water Company, for the purpose of furnishing the inhabi- 
tants of that part of the town of Wareham known as 
Onset Bay, Point Independence and Plymouth Park, with 
water for the extinguishment of fires and for domestic and 
other purposes : with all the powers and privileges and sub- 
ject to all the duties, restrictions and liabilities set forth 
in all general laws which now are or may hereafter be in 
force applicable to such corporations. 

Section 2. Said corporation, for the purposes afore- May take waters 
said, may take the waters of Sturtevant's pond, so-called, pond"in^^^° 
in the town of Wareham, and of the tributaries thereof, ^^''•^eham. 
with any water rights connected therewith, and may also 
take and hold, by purchase or otherwise, any real estate, 
rights of way or easements necessary for laying, construct- 
ing and maintaining aqueducts, reservoirs, storage basins, 
dams and such other works as may be deemed necessary 
or proper for collecting, purifying, storing, discharging, 
conducting and distributing said waters to said inhabitants. 

Section 3. The said corporation shall, within sixty to aie in regis- 
days after the taking of the waters of said Sturtevant's d78c°Hp1i^^nof 
pond, or any water rights or water sources, or any real ^tc'^^^a^fn^*' 
estate, rights of way or easements as aforesaid, otherwise 
than by purchase, file and cause to be recorded in the 
office of the registry of deeds for the county of Plymouth 
a description thereof sufiiciently accurate for identification, 
with a statement of the purposes for which the same were 
taken, signed by the president of the corporation. 

Section 4. Said corporation may erect on the land thus May erect dams 
taken or held, proper dams, buildings, fixtures and other make^excava- 
structures, and may make excavations, procure and oper- "°°»'«*<=- 
ate machinery, and provide such other means and appli- 



318 



Acts, 1892. — Chap. 334. 



May distribute 
water, and fix 
aud collect 
water rates. 



Liability for 
damages. 



Real estate not 
to exceed 

$7,000. 

Capital stock 
and shares. 



May issue 
bonds and 
secure by 
mortgage. 



ances as may be necessary for the establishment and 
maintenance of complete and efiective water works, and 
may construct and lay down conduits, pipes and other 
w^orks, under or over any lands, water courses, railroads, 
or pulilic or private ways, and along any such ways, in 
such manner as not unnecessarily to obstruct the same ; 
and for the purpose of constructing, maintaining and 
repairing such conduits, pipes and other works, and for 
all proper purposes of this act, said corporation may dig 
up 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 5. The said corporation may distribute water 
to the inhabitants, residents, cottages and public buildings 
in Onset Bay Grove, Point Independence and Plymouth 
Park, and fix and collect rates to be paid for the use of 
ihe same ; and may make such contracts with the said town 
or with any fire district that may hereafter be established 
therein, or with the Onset Bay Grove Association, or with 
any individual or other corporation, to supply water for 
the extinguishment of fires or for any other purposes, as 
may be mutually agreed upon. 

Section 6. Said corporation shall be liable to pay all 
damages that shall be sustained by any person in his prop- 
erty by the taking of any land, water or water rights, or 
by constructing any aqueducts or other works for the pur- 
poses specified in this act ; and if any person who shall 
sustain damages as aforesaid cannot agree with said cor- 
poration upon the amount of said damages, the same shall 
be ascertained, determined and recovered in the manner 
now provided by law in case of land taken for highways. 

Section 7. The said corporation may, for the pur- 
poses set forth in this act, hold real estate not exceeding 
in amount seven thousand dollars ; and the whole capital 
stock of said corporation shall not exceed thirtj^-five 
thousand dollars, to be divided into shares of one hundred 
dollars each. 

Section 8. The said corporation may issue bonds and 
secure the same by a mortgage on its franchise and other 
property to an amount not exceeding its capital stock 
actually paid in. The proceeds of all bonds so issued shall 
only be expended in the extension of the works of the 



Acts, 1892. — Chap. 33:t. 319 

company and for the payment of expenditures actually 
made in the construction of the works, over and above the 
amount of the capital stock actually paid in. 

Section 9. Whoever wilfully or wantonly corrupts, penalty for 
pollutes or diverts any of the waters taken or held under uurng"dr divert- 
tliis act, or injures any structure, work or other property >"g water. 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
upon conviction of either of the above wilful or wanton 
acts shall be punished by a tine not exceeding three hun- 
dred dollars or by imprisonment not exceeding one year. 

Section 10. The town of Wareham, and any fire dis- Town of 
trict that is or may hereafter be established therein, shall fi^e 'di9tX°'^ '^ 
have the right at any time to take, by purchase or other- an''''time\Ykr 
wise, the franchise, corporate property and all the rights franchise and 
and privileges of said corporation, on payment to said 
corporation of the actual cost of its franchise, 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. If the 
cost of maintaining and operating the works of said corpo- 
ration shall exceed in any year the income derived from 
said works by said corporation for that year, then such 
excess shall be added to the total cost, and if the income 
derived from said works by said corporation exceeds in 
an}^ year the cost of maintaining and operating said works 
for that year, then such excess shall be deducted from 
the total cost. An itemized statement of the receipts and statement of 
expenditures of the said corporation shall be annually sub- exp^e'ndltu^es to 
mitted to the selectmen of the town of Wareham, and by ann"auy. 
said selectmen to the citizens of said town. If said corpo- 
ration has incurred indebtedness, the amount of such 
indebtedness outstanding at the time of such taking shall 
be assumed by said town or such tire district and shall be 
deducted from the amount required to be paid by said 
town or such fire district to said corporation under the 
foregoing provisions of this section. This authority to Authority to 
purchase such franchise and property is granted on con- asse'n^tecrt'oby a 
dition that the purchase is assented to by said town or two thirds vote. 
such fire district by a two thirds vote of the voters of said 
town or such fire district present and voting thereon at 
a meeting legally called for that purpose. 



320 Acts, 1892. — Chap. 334. 

warehara Sectiox 11. The Said towD 01' fii'e district may, for 

\\ ater Loan not „ . , ..,,,. i 

to exceed the purpose or paying the cost oi said franchise and corpo- 

rate property and the necessary expenses and liabilities 
incurred under the provisions of this act, issue from time 
to time, bonds or scrip to an amount not exceeding in 
the aggregate thirty-five thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words. Ware- 
ham Water Loan ; shall be payable at the expiration of 
periods not exceeding thirty years from the date of issue ; 
shall bear interest payable semi-annually at a rate not 
exceeding six per centum per annum, and shall be signed 
by the treasurer of the town or of the fire district and 
countersigned by the chairman of the water commissioners 
hereinafter provided for. The said town or fire district 
may sell such securities at public or private sale or pledge 
the same for money borrowed for the purposes of this act, 
upon such terms and conditions as it may deem proper. 

Sinking fund to xhe Said town or fire district shall provide, at the time of 

be established. . • i i ,. i i • i n • i • 

contractmg said loan, tor the establishment oi a sinking 
fund, and shall annually contribute to such fund a sum 
sufficient, with the accumulations thereof, to pay the prin- 
cipal of said loan at maturity. The said sinking fund 
shall remain inviolate and pledged to the paj^ment of said 
loan and shall be used for no other purpose. 
S^nfe-Tonoan SECTION 12. The Said to WD or fire district instead of 
in annual pro- establishing a sinking fund may at the time of authorizing 

POrtlODBtG PHV- CD O *^ •— ' 

ments. said loan provide for the payment thereof in such annual 

proportionate payments as will extinguish the same with- 
in the time prescribed in this act ; and when such vote has 
been passed the amount requited thereby shall, without 
further vote, be assessed by the assessors of said town in 
each year thereafter until the debt incurred by said loan 
shall be extinguished, in the same manner as other taxes 
are assessed under the provisions of section ihirty-four 
of chapter eleven of the Public Statutes. 

Return to state SECTION 13. The Tcturn required by section ninety- 
amount of huik- , /.I -r-. !• o 11 
ing fund estab. ouc ot chaptcr elcveu of the Public Statutes shall state 

the amount of any sinking fund established under this 

act, and if none is established whether action has been 

taken in accordance with the provisions of the preceding 

section, and the amounts raised and applied thereunder 

for the current year. 

Jiiy'by taSn, SECTION 14. The Said town or fire district shall raise 

a Bum sudicient', annually by taxation a sum which, with the income de- 



Acts, 1892. — Chap. 335. 321 

rived from the water rates, will be sufficient to pay the J^;|,'^\'^,^°^^^^ 
current annual expenses of o])eratin<r its water works and rates to pay 

, . . *■ i 1 1 ^' 1 i 1 • current ex- 

the niterest as it accrues on the l)onds, notes and scrip penseB, etc. 
issued as aforesaid by said town or tire district, 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 15. The said town or tire district shall, after Board of water 

coiiimissloners 

the purchase of said tranchise and corporate property, as to be elected. 
provided in this act, at a legal meeting called for the pur- 
pose, elect by ballot three persons to hold office, one 
until the expiration of three years, one until the expira- 
tion of two years and one until the expiration of one 
year from the next succeeding annual town or district 
meeting, to constitute a board of water commissioners ; 
and at each annual town or district meeting thereafter, 
one such commissioner shall be elected by ballot for the 
term of three years. All the authority granted to the 
said town or district by this act, and not otherwise spe- 
cially 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 or district 
may impose by vote ; said commissioners shall be trustees to be trustees 
of the sinking fund herein provided for, and a majority fund! ^^°^^^^ 
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 Vacancies. 
board from any cause may be filled for the remainder of 
the unexpired term by said town or district at any legal 
town or fire district meeting called for the purpose. 

SECTiOiSr 16. This act shall take effect upon its passage, work to be 
but shall become void unless work under it shall be com 
menced within three years from the date of its passage, y'*"''* 

Approved June 2, 1892. 



commenced 
within three 



CA«2^.335 



An Act to incorporate the medway water company. 

Be it enacted^ etc. , as follows : 

Section 1. E. Cutler Wilson, Edwin V. Mitchell, ^^^^^l ^f^®/ 
Frederick L. Fisher, Daniel S. Woodman, John D. porated. 
Shippee, Henry E. Bullard and Wendell B. Clapp, their 
associates and successors, are hereby made a corporation 
by the name of the Medway Water Company, for the 
purpose of furnishing the town of Medway and the inhab- 



322 



Acts, 1892. — Chap. 335. 



Town may con- 
tract with cor- 
poration for 
supply of water. 



Corporation 
may talse water 
from ponds, 
streams, etc., in 
Med way. 



To file in reg- 
istry of deeds, 
a description of 
the land, etc., 
taken. 



Damages. 



itants thereof with water for the extinguishment of fires 
and for domestic, manufacturing and other purposes ; 
with all the powers and privileges 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. 

Sectiox 2. The town of Med way may contract with 
said corporation to furnish water for the purposes afore- 
said, for any term of years, for such price as may mu- 
tually be agreed upon between said corporation and said 
town. 

Section 3. Said corporation may take, hold and con- 
vey through the town of Medway or any part thereof, so 
far as may be necessary for said purpose, the water of 
any spring or springs, or of any pond or ponds, or of 
any stream or streams, within the town of Aledway, and 
may take and hold l)y purchase or otherwise any real 
estate necessary for the preservation and })urity of the 
same or for erecting and maintaining a pumping station, 
and for laying and maintaining aqueducts and pipes for 
distributing the water so taken and held, or for forming 
any dams or reservoirs to hold the same : and may lay 
its water pipes through an}^ private lands, with the right 
to enter upon the same and dig therein for the purpose 
of making all necessary repairs or service connections, 
and for the purposes aforesaid may carry its pipes under 
or over any water course, street, railroad, highway or 
other way, in such manner as not unnecessarily to obstruct 
the same ; and may under the direction of the board of 
selectmen enter upon and dig up any road or other way 
for the purpose of laying or repairing its aqueducts, pipes 
or other works, and in general may do any other acts and 
things convenient or proper for carrying out the purpose 
of this act. 

Section 4. Said corporation shall, within sixty days 
after the taking of any land or water rights under the 
provisions of this act, file in the registry of deeds of the 
county of Norfolk a description of any land or water 
rights so taken, sufficiently accurate for identification, 
with a statement of the purposes for which it is so taken ; 
and the title of the land or water rights so taken shall vest 
in said corporation. 

Section 5. Any person or corporation injured in any 
way by the taking of land and water rights as aforesaid, 



Acts, 1892. — Chap. 335. 323 

or by any act of said corporation as before provided, and 
failing to agree with said corporation as to the amount of 
<lamages, may have the same assessed and determined in 
the manner provided when hind is taken for highways ; 
but no application shall be made to the county commis- 
sioners for the assessment of damages for the taking of 
water rights until the water is actually taken and diverted 
by said corporation. Any person whose water rights are 
thus taken or atfected may apply as aforesaid, within 
three years from the time the water is actually withdrawn 
or diverted, and not thereafter; and no suit for injury 
done under this act shall be brought after three years 
from the date of the alleged receipt of injury. 

Section 6. Said corporation, for the purposes set Real estate, 
forth in this act, may hold real estate not exceeding in and'sha^re^'s!'^ 
amount thirty thousand dollars, and its whole capital 
stock shall not exceed eighty -live thousand dollars, to be 
divided into shares of one hundred dollars each. 

Section 7. Said corporation may purchase from the May purchase 
owner or owners of any aqueduct or system of water worLT'"^'^ 
works now used in furnishing water to any of the inhabi- 
tants of the said tow^n of Medway, his or their whole 
water right, estate, property and privileges, and by such 
purchase shall become entitled to all the rights and privi- 
leges and subject to all the liabilities and duties apper- 
taining and belonging to such owner or owners. 

Section 8. The said corporation may issue bonds and May issue 
secure the same by a morto;age on its franchise and other °° ^' *^ "' 
property, *to an amount not exceeding its capital stock 
actually paid in. The proceeds of all bonds so issued 
shall only be expended in the extension of the works of 
the company and for the payment of expenditures actually 
made in the construction of the works, over and above the 
amount of the capital stock actually paid in. 

Section 9. The town of Medway shall have the right towu may take 
at any time to take, by purchase or otherwise, the fran- propeny at"any 
chise, corporate property and all the rights and privileges "™^' 
of said corporation, on payment to said corporation of the 
actual cost of its franchise, 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. If the cost of maintaining 



324 Acts, 1892. — Chap. 335. 

and operating 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 Avorks by said corporation exceeds in any year 

the cost of maintaining and operating said works for that 

year, then such excess shall be deducted from the total 

Statement of cost. An itemized statement of the receipts and expendi- 

el"enduu?ee to tiircs of the Said Corporation shall be annually submitted 

be made ^q the Selectmen of the town of Medway, and by said 

aDuually. , . . n • t t/> • i • 

selectmen to the citizens or said town, ii said corporation 
has incurred indebtedness, the amount of such indebted- 
ness outstanding at the time of such taking shall be 
assumed by said town and shall be deducted from the 
amount required to be paid by said town to said corpora- 
Authority to tion under the provisions of this section. This authority 

purchase to be , i i p i • i ^ • j. i 

assented to by a to purchasc such iranchisc and property is granted on 
two thuds vote, condition that the purchase is assented to by said town 
by a two thirds vote of the voters of said town present 
and voting thereon at a meeting legally called for that 
purpose. 
Corporation Section 10. The owuers of land and water rights 

iTgive^s'IcuHty takcu undcr this act, upon application by either party for 
damage"aud°^ fiM estimate of damages, may require said corporation to 
costs. gjyg security satisfactory to the county commissioners of 

said county for the payment of all damages and costs 
which may be awarded to them for the land or other prop- 
erty taken. And if, upon petition of the owners with 
notice to the adverse party, the security appears to the 
county commissioners of said county to have become 
insufficient, they shall require said corporation to give 
further security to their satisfaction ; and all the right or 
authority of the corporation to enter upon or use said land 
and other property, except for making surveys, shall be 
suspended until it gives the security required. 
Penalty for di. Section 11. If any pcrsou shall usc any of Said Water 
renderlnTit^^m' takcu uudcr this act, without the consent of said corpora- 
pure, etc. tion, or shall wantonly or maliciousl}' divert the water or 
any part thereof so taken, or corrupt the same, or render 
it impure, or destroy or injure any dam or aqueduct, pipe, 
conduit, hydrant, machinery or other works or property 
held, owned or used by said corporation under the author- 
ity of and for the purposes of this act, he shall forfeit and 



Acts, 1892. — Chap. 336. 325 



pay to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
on conviction of either of the wanton or malicious acts 
aforesaid may be punished by a tine not exceeding three 
hundred doHars or by imprisonment in jail not exceeding 
one year. 

Section 12. This act shall l)e null and void unless woiktobe 
said corporation shall within three years from the passage wiXifthree 
thereof avail itself of its provisions and commence the ^'®'""*' 
l)rosecution of the work herein authorized. 

Approved June 2, 1892. 



An Act to authorize the w^illiamstown avater company to 
increase its water supply. 



C/m^.336 

Be it enacted., etc., as follows : 

Section 1. The Williamstown Water Company, for water supply 
the purpose of supplying the inhabitants of Williamstown [owu^/"'"'™^' 
with pure water for the extinguishment of tires and for 
domestic and other purposes, may take by purchase or 
otherwise and hold the waters of Paul l)rook, so-called, 
and the springs connected therewith, situate on Saddle 
mountain, so-called, in the town of North Adams, and 
the water rights connected with such water sources ; 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 the said town of Williamstown ; and 
may erect upon the land thus taken or held proper dams, 
buildings and other structures, and may make excavations 
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 
lay down conduits, pipes and other w'orks, under or over 
any lands, water courses, railroads, or public or private 
ways, and along any such ways in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 
of constructing, maintaining and repairing the same, and 
for all proper purposes of this act, said corporation may dig 
uj) 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. 



326 



Acts, 1892. — Chap. 337. 



Provisions of 
18So, 311, to 
apply, etc. 



Section 2. The provisions of chapter three hundred 
and eleven of the acts of the year eighteen hundred 
and eighty-five shall apply to this act as far as practi- 
cable. 

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

Approved June 2, 1892. 



A judge of pro- 
bate may act in 
another county 
in case of va- 
cancy, etc. 



Register to keep 
record of days, 
etc., employed. 



Compensation. 



Ch(lp.i^37 ^^ ^^"^ RELATING TO THE DUTIES OF JUDGES OF PROBATE AND 

INSOLVENCY. 

Be it enacted^ etc., as follows: 

Section 1. When a judge of probate and insolvency 
is unable to perform his duties, or if there is a vacancy in 
the office in any county, the duties of such office shall be 
performed in the same county by the judge of probate and 
insolvency of any other county designated by the register 
of probate and insolvency from time to time as necessity 
or convenience may require. 

Section 2. Such register shall certify on his records, 
and also to the auditor of the Commonwealth, the number 
of days and the dates of the same in which said duties are 
performed by the judge of another county, under the pro- 
visions of the preceding section. 

Section 3. The judge performing the duties aforesaid 
shall be entitled to receive from the treasury of the Com- 
monwealth, in addition to the amount now allowed to him 
by law, the sum of fifteen dollars a day for each day that 
he performs such duties. 

Section 4. The register of probate and insolvency 
for the county of Suffolk shall, upon the passage of this 
act, certify to the auditor of the Commonwealth the num- 
ber of days and dates of the same, since the thirty-first 
day of December in the year eighteen hundred and ninety- 
one in which the judge of another county has performed 
the duties of the judge of probate and insolvency for the 
county of Suffolk ; and the judges who have from time to 
time, since said thirty-first day of December, performed 
such duties, shall be entitled to receive for such service 
the sum of fifteen dolhirs a day, to be paid from the treas- 
ury of the Commonwealth. 

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

Approved June 2, 1892. 



Certificate of 
services per- 
formed in 
Suffolk county 
to be filed with 
register. 



Acts, 1892. — Chap. 338. 327 



An Act to establish a commission to improve the highways (7^^53,333 
OF this commonwealth. 

Be it enacted, etc., asfoUoivs: 

Section 1. The governor with the advice and consent commission to 
of the council shall, within thirty days from the passage highways of the 
of this act, appoint three persons, one of whom shall be foTe"appofnted. 
a civil engineer, whose terras of office shall expire on the 
first "Wednesday of February in the year eighteen hun- 
dred and ninety-three, to consider what legislation is 
necessary for the better construction and maintenance of 
the highways in this Commonwealth. 

Section 2. The said commission shall forthwith pro- to recommend 
ceed to investigate and consider the best and most practi- construction! ° 
cal method of construction and maintenance of highways, *^'^* 
and the estimated cost of the various methods and sys- 
tems ; the establishment of state or county highways, 
with recommendations as to their construction and mainte- 
nance ; routes and the approximate cost ; also the geolog- 
ical formation so far as it relates to the material suitable 
and proper for road building. Said commission shall 
prepare suitable maps and plans on which shall be clearly 
drawn the various routes they recommend. 

Section 3. Said commission may establish rules and Mayeetabiish 

1 • n 1 T ^'i- 11111 rules and regu- 

regulations tor the conduct 01 its business and shall l)e lations. 
provided with suitable quarters by the sergeant-at-arms in 
the state house or elsewhere. They may employ experts 
and all necessary clerical and other assistants, and may 
incur such reasonable expenses, including travelling ex- 
penses, as may be authorized by the governor and council. 
Before incurring any expenses they shall from time to to submit esti- 
time estimate the amount required, and shall submit the pj^nses^to^the 
same to the governor and council for their approval ; and founciK"^ *"** 
no expense shall be incurred by the commission beyond 
the amount so estimated and approved. Said commission 
shall receive such compensation as the governor and coun- 
cil may decide : jjrovided, the whole amount expended compensation. 
under the provisions of this act shall not exceed ten 
thousand dollars. 

Section 4. The county commissioners, boards of select- information to 
men and aldermen, and other officers having authority over coun"ty"commi8?' 
public ways, roads and bridges throughout the Common- "oners, etc. 
wealth, shall at reasonable times, on request, furnish the 
commissioners any information required by them concern- 



328 



Acts, 1892. — Chap. 339. 



ing the public ways, roads or bridges within their juris- 
diction. The commissioners may furnish ])lank forms for 
returns to be made to them by such officers, and may 
make changes in and additions to such forms. 
To make report SECTION 5. The Said commissiou shall report fully 
with plans and estimates and their recommendations to 
the legislature on or before the first Wednesday of Febru- 
ary in the year eighteen hundred and ninety-three, and 
shall append to its report a draft of a bill intended to 
accomplish the recommendations of the commission. 

Section 6. Any vacancy in the commission may be 
tilled by the governor with the advice and consent of the 
council. 

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

Apjiroved June 2, 1892. 



to the legis 
lature 



Vacancies. 



Chap 



Appropriations. 



First district 
attorney for 
Suffolli district. 



First clerli of 
commissioners 
of savings 
banlss. 



Second clerk in 
office of the dis- 
trict police. 



QQQ An Act making appropriations for the world's Columbian 

EXP08ITION, FOR THE MASSACHUSETTS HOSPITAL FOR DIPSOMA- 
NIACS AND INEBRIATES, AND FOR CERTAIN OTHER EXPENSES 
AUTHORIZED BY LAW. 

Be it enacted, etc., as folloivs : 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, except as herein 
provided, for the world's Columbian exposition, for the 
Massachusetts hospital for dipsomaniacs and inebriates, 
and for certain other expenses authorized by law, to 
wit : — 

For the salary of the first assistant district attorney for 
Suffolk district, the sum of three hundred thirty-six dol- 
lars and eleven cents, as authorized by chapter two hun- 
dred and thirty-three of the acts of the present year, being 
in addition to the twenty-eight hundred dollars appropri- 
ated by chapter two of the acts of the present year. 

For the salary of the first clerk of the commissioners 
of savings banks, the sum of five hundred dollars, as 
authorized by chapter two hundred and forty-eight of the 
acts of the present year, being in addition to the fifteen 
hundred dollars appropriated by chapter eleven of the 
acts of the present year. 

For the salary of the second clerk in the office of the 
chief of the district police, the sum of two hundred 
dollars, as authorized by chapter two hundred and forty- 
nine of the acts of the present year, being in addition to 



Acts, 1892. — Chap. 339. 329 



the eight hundi-ed doHars appropriated by chapter ten of 
the acts of the })resent year. 

For the salary of the cashier in the office of the secre- Cashier in office 
tary of the Commonwealth, as provided for in chapter the*common°. 
two hundred and sixty-two of the acts of the present '^^^''''• 
year, a sum not exceeding eight hundred and seventy-five 
dollars, being at the rate of fifteen hundred dollars per 
year. 

For salaries and expenses of the two additional associ- Associate jus- 

tlCGB 01 tDG 

ate justices of the superior court, provided for by chapter superior court. 
two hundred and seventy-one of the acts of the present 
year, a sum not exceeding seventy-two hundred dollars, 
being in addition to the seventy-one thousand five hundred 
dollars appropriated by chapter two of the acts of the 
present year. 

For the cost of the maintenance and operation of the charies river 
system of sewage disposal for the cities of Boston, Newton lewagedis-™" 
and Waltham, and the towns of Brookline and Watertown, p"*"^' 
known as the Charles river valley system, for the year 
eighteen hundred and ninety-two, a sum not exceeding 
twenty-six thousand five hundred dollars, as authorized 
by chapter two hundred and eighty-one of the acts of the 
present year. 

For the salary of the assistant state librarian and clerk Assistant state 
of the state board of education, the sum of three hundred cierkofthe 
twenty-two dollars and fifty-eight cents, as authorized by ed*ucau°o*'n? °^ 
chapter two hundred and eighty-seven of the acts of the 
present year, being in addition to the twenty-five hundred 
dollars appropriated by chapter eleven of the acts of the 
present year. 

For small items of expenditure for which no appropria- smaii items of 
tions have been made, or for which appropriations have etc^" 
been exhausted or reverted to the treasury in previous 
years, a sum not exceeding one thousand dollars. 

For the salary of the commissioner of state aid appointed Commissioner 

11 1 •! 1 r- 111 of State aid. 

by the governor and council, the sum oi seven hundred 
dollars, as authorized ])y chapter two hundred and ninety- 
one of the acts of the present year, being in addition to 
the eighteen hundred dollars appropriated by chapter 
eleven of the acts of the present year. 

For the payment of expenses in connection with the Abolition of 
abolition of grade crossings, as provided for in section three ^"^^ '^ crossings. 
of chapter four hundred and twenty-eight of the acts of the 
year eighteen hundred and ninety, a sum not exceeding 



330 



Acts, 1892. — Chap. 339. 



State normal 
schools. 



Town of 
Nantucket. 



James K. 
Barbour. 



State normal 
school at 
Framingham. 



Hospital for 

dipsomaniacs, 

etc. 



Ella Raymond. 



Normal art 
school building. 



State normal 
school at 
Bridgewater. 



Damages by fire 
at the state 
prison at 
Boston. 



one hundred thousand dollars, the same to be in addition 
to any unexpended I)alance of the one hundred thousand 
dollars appropriated by chapter three hundred and ninety- 
three of the acts of the year eighteen hundred and ninety- 
one. 

For the support of state normal schools, a sum not 
exceeding six hundred dollars, to be paid out of the moiety 
of the income of the Massachusetts school fund applicable 
to educational purposes, being in addition to the ninety- 
one thousand eight hundred and eighty-one dollars appro- 
priated by chapter nineteen of the acts of the present 
year. 

For the town of Nantucket, the sum of two hundred 
fifty-two dollars and seventy cents, as authorized by chap- 
ter fifty-two of the resolves of the present year. 

For James K. Barbour, the sum of one hundred dollars, 
as authorized by chapter fifty-three of the resolves of the 
present year. 

For improvements at the state normal school at Fram- 
ingham, a sum not exceeding twelve hundred dollars, as 
authorized by chapter fifty-four of the resolves of the pres- 
ent year. 

For repairs, current expenses and the further equipment 
of the Massachusetts hospital for dipsomaniacs and inebri- 
ates, a sum not exceeding sixty-one thousand six hundred 
dollars, as authorized by chapter fifty-five of the resolves 
of the present year. 

For Ella Raymond, the sum of two hundred dollars, as 
authorized by chapter fifty- six of the resolves of the pres- 
ent year. 

For finishing the exterior of the normal art school 
building, a sum not exceeding fifty-seven hundred dollars, 
as authorized by chapter fifty-seven of the resolves of the 
present year. 

For imy)rovements at the state normal school at Bridge- 
water, and for preparing and printing a general catalogue 
of the school, a sum not exceeding forty-five hundred dol- 
lars, as authorized by chapter fifty-eight of the resolves 
of the present year. 

For repairing workshops damaged by fire at the state 
prison at Boston, a sum not exceeding five thousand dol- 
lars, as authorized by chapter fifty-nine of the resolves of 
the present year. 



Acts, 1892. — Chap. 339. 331 

For connecting the Cntler estate in Framiniiham with seworat 

. , /. 1 i> J ■ /• ^ reformatory 

the sewer irom the retornuitory prison tor women, a sum prison for 
not exceeding tifty dollars, as authorized by chapter sixty ^'*™®°- 
of the resolves of the present year. 

For preparino; and publishino; a revised edition of the Course of 

,, ',t"-,. ^ 1 '^ \ 1 1 1 Studies for un- 

course ot studies tor ungraded schools, a sum not exceed- graded schools^ 
ing three hundred dollars ; for preparing and publishing a ^^^ooi ^''o^^' 
new edition of the school laws, a sum not exceeding live 
hundred dollars, and for the purchase of books upon the 
theory and practice of education, for the libraries of the 
normal schools, a sum not exceeding one thousand dollars, 
as authorized by chapter sixty-two of the resolves of the 
present year. 

For the purpose of exhibiting' the arts, industries, insti- Columbian 

*■ ^ 111 <• I /-I exposition ai 

tutions, resources and general development ot the Com- Chicago. 
mon wealth at the world's Columbian exposition at Chicago, 
a sum not exceeding seventy-live thousand dollars, as 
authorized by chapter sixty-three of the resolves of the 
present year. 

For furnishing the new armory in the city of Lawrence, Armory in 
a sum not exceeding eighteen hundred dollars, as author- 
ized by chapter sixty-four of the resolves of the present 
year. 

For repairs and improvements at the state industrial state industrial 

-, y [, ^ . ^ -r ,. . school for girls- 

school tor girls at Lancaster, a sum not exceeding nine 
thousand live hundred tw^enty-six dollars and sixty-six 
cents, as authorized by chapter sixty-five of the resolves 
of the present year. 

For George O. Bent of Framingham, the sum of six George o. Bent. 
hundred and sixty dollars, as authorized by chapter sixty- 
six of the resolves of the present year. 

For indexing the names of soldiers of the w^ar of the indexing names 
rebellion, in the office of the adjutant general, a sura not 
exceeding seventeen hundred dollars, as authorized by 
chapter sixty-seven of the resolves of the present year. 

For certain repairs at the state prison at Boston, a sum Repairs at the 
not exceeding nine thousand dollars, as authorized by Bostonl'^""^ 
chapter sixty-eight of the resolves of the present year. 

For the construction of fire escapes at the state primary state primary 
school at Monson, a sum not exceeding two thousand dol- Monson. 
lars, as authorized by chapter sixty-nine of the resolves 
of the present year. 

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

Approved June 2, 1892. 



332 Acts, 1892. — Chaps. 340, 341. 



Ch(ip.34^0 -^N Act providing for the removal of the remains of the 

DEAD FROM THE MELVILLE STREET CEMETERT IN PITTSFIELD. 

Be it enacted, etc., as folloivs : 
City may Sectiox 1. The citv of Pittstield is hereby authorized 

remove remams ^' _ . -^ . _ 

of the dead and empoweved, under the direction and supervision of 
ground, etc. ' its mayor and board of health, to remove the remains of 
the dead and the monuments erected to their memory, 
from the old burial ground on Melville street in said city, 
to the present Roman Catholic cemeter}^ in said cit3\ 
To fix a time for Section 2. The Said city of Pittsfield shall fix a time 
pubiisli notice for the rcmoval of said remains and monuments and shall 
publish a notice thereof once each week for three succes- 
sive weeks, in some newspaper published in said city of 
Pittsfield, the last publication thereof to be at least seven 
days preceding the time fixed for said removal, 
be'^remo^^^b SECTION 3. The city of Pittsficld shall, upou a rccjuest 

relatives or in Writing by any relative or friend of the person or per- 
sons whose remains are to be removed, permit said rela- 
tive or friend to remove at his own expense the remains 
of such person or persons to any other cemetery, or to 
any private lot in said Roman Catholic cemetery. 
Cityauthorized Section 4. The city of Pittsfield is hereby authorized 

to make con- in r> 

tracts. and empowered to make all necessary contracts tor carry- 

ing out the purpose of this act. 

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

Approved June 2, 1892. 

OJl(ZP.34:\ ^^ ^^'^ ^^ AUTHORIZE THE CITT OF CAMBRIDGE TO LAY OUT AND 

MAINTAIN PUBLIC PARKS. 

Be it enacted, etc., as folloivs : 
May take lands Sectiox 1. The city of Cambridge bv its city couucil, 

and lay out pub- . . ^ • i /• i " " i? i • 

lie parks. at any time withm three years alter the passage oi this 

act, may take and hold, by purchase or otherwise, any 

and all such real estate and lands within said city as it 

may deem advisable, and may lay out, maintain and 

improve the same as a public park or parks. 

To file in the Section 2. Tlic sald city shall, within sixtv days after 

deeds a descrip. tlic taking of any lauds and real estate as aforesaid, other- 

etc° token.' wisc than by purchase or gift, cause to be recorded in the 

registry of deeds for the southern district of the county of 

Middlesex a description thereof sufficiently accurate for 

identification, with a statement of the purpose for which 

the same were taken, which statement shall be signed by 

the mayor. 



Acts, 1892. — Chap. 341. 333 

Sectiom 3. Said city shall be liable to pay all damages Liability for 
sustained by any persons or corporations by the taking of, "'°"^''^- 
or injury to, any of their land, real estate or ])roi)erty, 
for the i)urposes aforesaid. If any person sustaining dam- 
age as aforesaid does not agree with said city upon the 
amount of said damage, he may, within one year from such 
taking and not afterwards, apply by petition for an assess- 
ment of the damage, to the superior court in said county 
of Middlesex. Such petition may be tiled in the clerk's 
office of said court, and the clerk shall thereupon issue a 
summons to the said city, returnable on the first Mon- 
day of the next month after the expiration of fourteen 
days from the filing of the petition, to appear and answer 
to the petition. The summons shall be served fourteen 
days at least before the 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 of said city, 
appoint three disinterested persons who shall, after reason- 
able notice to the parties, assess the damages, if any, 
which such petitioner may have sustained as aforesaid, 
together with interest at the rate of four per centum per 
annum from the date of the actual entry and taking of 
possession by said city. 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 pre- 
vailing party, with costs, unless one of the parties claims 
a trial by jury, as hereinafter provided. 

Section 4. If either of the parties mentioned in the Parties dissatis. 
preceding section is dissatisfied with the amount of damage nfayTave wai' 
awarded, as therein expressed, such party may, at the sit- '^yj^''^- 
ting 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 with interest as aforesaid ; and the 
verdict of the jury ])eing accepted and recorded by the 
court shall l)e final and conclusive, and judgment shall be 
rendered and execution issued thereon, and costs shall 
he recovered by the parties, respectively, in the same 
manner as is provided ])y law in regard to proceedings 
relating to the laying out of highways. 

Section 5. In every case of a petition to the superior city may make 
court for an assessment of damages as provided in this dTmagee.' 



334 



Acts, 1892. — Chap. 341. 



Assessments for 
•betterments. 



Assessments to 
be a lien upon 
the real estate. 



■Cambridge 
Park Loan not 
to exceed 

$200,000. 



act, the said city may tender to the petitioner or his attor- 
ney any sura, or may bring the sarae into court to be paid 
to the petitioner, for the damages by him sustained or 
chiimed in his petition, or may in writing oii'er to be 
defaulted and that damages may be awarded against it for 
the sum therein expressed ; and if the petitioner does not 
accept the sum so offered or tendered, with his costs up to 
that time, but proceeds with his suit, he shall be entitled 
to his costs to the time of such tender or payment into 
court, or offer of judgment, and shall not be entitled to 
either costs or interest afterwards, unless the amount 
recovered by hira in such action exceeds the amount so 
tendered. 

Sectiox 6. At any time M'ithin two 3'ears after any 
land is taken or purchased for a park or parks under this 
act, the board of aldermen of said city of Cambridge, if 
in its opinion any real estate in said city receives any 
benefit and advantage from such taking or purchasing, or 
from the locating and laying out of a park or parks under 
this act, beyond the general advantages to all real estate in 
said city, may adjudge and determine the value of such 
benefit and advantage to any such real estate, and may 
assess upon the same a proportional share of the cost of 
land so purchased or taken, and of the expense of laying 
out, grading and making such park or parks ; but in no 
case shall the assessment exceed one half of the amount 
of such adjudged benefit and advantage. Said real estate 
subject to such assessment may include the remainder of 
the land of which a part is taken for said public park or 
parks, and real estate which does not abut upon the park, 
from the laying out of which the betterments accrue, or 
upon a street or way l)ounded upon such park. 

Section 7. Assessments made under the preceding 
section shall constitute a lien upon the real estate so 
assessed and shall be collected and enforced, with the same 
rights to owners to surrender their estates, and the same 
proceedings thereupon, and with the same rights of and 
proceedings upon appeal, as are provided by chapter fifty- 
one of the Public Statutes. 

Section 8. For the purpose of defraying the cost of 
such real estate and lands as ma}^ be purchased, taken or 
held for the purposes aforesaid, and of constructing the 
park or parks authorized by this act, and pa3'ing all 
expenses incident thereto, the city council of Cambridge 



Acts, 1892. — Chap. 342. 335 

shall have authority to issue, in excess of the limit allowed 
by law, scrip or bonds to be denominated on the face 
thereof, Cambridge Park Loan, to an amount not exceed- 
ing two hundred thousand dollars, bearing interest not 
exceeding four and one half per centum per annum, pay- 
able semi-annually, the principal to be payable at periods 
of not more than thirty years from the issuing of such 
scrip or bonds respectively. Said city council 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. The provisions of the tenth and eleventh 
sections of chapter twenty-nine of the Public Statutes 
shall, so far as applicable, apply to this act. 

Section 9. If the city of Cambridge shall accept the Land, etc., to be 
provisions of chapter one hundred and fifty-four of the thefsoard^of 
acts of the year eighteen hundred and eighty-two and liouets!^"''^' 
acts in amendment thereof, then all lands and real estate 
which may be taken by virtue of this act shall be under 
the care and management of the board of park commis- 
sioners of said city authorized to be appointed by virtue 
of said act. 

Section 10. This act shall take effect upon its accept- Subject to ac- 

, , , ., -1 r /-^ 1 • 1 ceptance by the 

ance by the cit}' council oi Cambridge. cuy council. 

Approved June 2, 1892. 

An Act to establish a board of metropolitan park commis- (JJiaj) 342 

SIGNERS AND TO DEFINE ITS POWERS AND DDTIES. 

Be it enacted, etc., as follows: 

Section 1. The o-overnor, by and with the advice and Metropolitan 

S, 1 11 • Park Commis- 

consent oi the council, shall appoint three persons, to be sionerstobe 

known as the Metropolitan Park Commissioners, who ^^^'"° "^ * 

shall hold their office for one year from the first day of 

May in the year eighteen hundred and ninet^^-two. Said 

commissioners shall consider the advisability of laying 

out ample open spaces for the use of the public, in the 

towns and cities in the vicinity of Boston, and shall have 

authority to make maps and plans of such spaces and to 

collect such other information in relation thereto as it 

may deem expedient, and shall report to the next o;eneral To report to the 

I /• 1 ^ Txr 1 T n -t~\ next general 

court, on or beiore the first \A^ednesday of February, a court, 
comprehensive plan for laying out, acquiring and main- 
taining such open spaces. 



336 Acts, 1892. — Chaps. 343, 344. 

May employ Section 2. Said commis^ionel•s may employ such 

To serve with- assistants as they may deem necessary, and may expend 
ti^n?"™^*^"^" such sums therefor and in the discharge of their duties, 
including the actual travelling expenses of said members, 
as the governor and council may determine. Said com- 
missioners shall receive no compensation. 

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

Approved June 2, 1892. 

ChciP.'d4:3 ^'^N ^CT '^^ INCORPORATE THE MASSACHUSETTS REAL ESTATE COM- 
PANY OF LOWELL. 

Be it enacted, etc., as follows: 

Massachusetts SECTION 1. Johu J. Donovau, John H. Coffey, Patrick 

Company incor- O'Hcarn, Thomas Chee, Constantine O'Donnell, Patrick 

porated. j^ Gilbridc, Robert E. Crowley, W. J. Coughlin, Stephen 

J. Johnson, James J. Coffey, James O'SuUivan, Patrick 

Keyes, jr., John J. Hogan, John Xolan, John T. Seede, 

Humphre}^ O'Sullivan and Denis Murph}^ 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 Massachusetts Real Estate Com- 

Maybuyand pauy, for the purposc of buying, selling, leasing and 

inLoweu""'*' improving real estate in the city of Lowell, not exceeding 

Not to exceed in in area ten acres, and in value ' one hundred thousand 

area ten acres, in i c /»• i^iiij. 

etc. dollars, and of performmg such other legal acts as may 

be necessary in accomplishing such objects ; with all the 
powers and privileges and subject to all the duties, liabil- 
ities and conditions set forth in all general laws which 
now are or hereafter may be in force applicable to such 
corporations. 

Capuautock SECTION 2. The Capital stock of said corporation shall 

be divided into shares of one hundred dollars each, and 
said corporation shall not transact any business until at 
least ten thousand dollars of the capital stock is fully 
paid in, and no share of stock shall be issued until the 
par value of the same shall l)o full}' paid in lawful money. 
Section 3. This act shall take effect upon its passage. 

Approved June 2, 1892. 



0^«X>.344 ^^ ^^^ ^^ AUTHORIZE THE TOWNS OF SANDWICH, BOURNE AND 
MASHPEE TO UNITE FOR THE EMPLOYMENT OF A SUPERINTENDENT 
OF SCHOOLS. 

Be it enacted, etc., as follows. • 
May unite for Section 1. The towns of Saudwich, Bourne and 
employment of Mashpee shall have the same power to unite for the pur- 



Acts, 1892. — Chap. 345. 337 

pose of the employment of a superintendent of schools, a supenntend- 

'■ -, , . , • . 11 r ^1 i i eut of schools. 

and the same right to receive an allowance irom the state 
treasury, under the provisions of chapter four hundred 
and thirty-one of the acts of the year eighteen hundred 
and eighty-eight and acts in amendment thereof, which 
they would have had if said towns had contained thirty 
schools, and shall be subject to the same duties and 
liabilities. 

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

Approved June 2, 1892. 



ChapM5 



An Act to incorporate the south Berkshire mountain club. 
Be it enacted, etc., as folloivs: 

Section 1. A. Chalkley Collins, Isaac C. Chesborough, south Berk- 
Henry H. Kelsey, Theodore Giddings, Herbert F. Keith, ciub inco" '^'° 
Franklin L. Pope and Herbert C. Joyner, their associates p"'""'®'^- 
and successors, are hereby made a corporation for the term 
of tifty years, by the name of the South Berkshire Moun- 
tain Club, to be located in the town of Mount Washington, to be located in 
Said corporation may purchase the farm in the northerly wa8h?ngto*ii!° 
part of said town known as Sky Farm, and any other land 
in said town : provided, that at least two thirds of all land Pi'o^iso- 
so purchased shall be set apart for public park purposes. 
Said corporation shall have power to sell, lease, mortgage 
and otherwise dispose of the land not so set apart, for the 
purpose of raising money for the improvement of the land 
reserved for park purposes, and may take, hold, assign 
and release mortgages from the purchasers thereof, to 
secure the payment of the purchase money ; and shall 
further have all the powers, rights and privileges and be 
subject to all the duties, limitations and restrictions pre- 
scribed in chapters one hundred and five and one hundred 
and six of the Public Statutes, and in all general laws 
which now are or hereafter may be in force relating to 
such corporations. 

Section 2. Said corporation, in addition to such real ^ft^etT'reai^ 
estate as it may acquire by purchase under the provisions and' personal 
of the preceding section, may receive by gift, bequest or ceeding $oo,ooo. 
devise, and hold, property real and personal to an amount 
not exceeding fifty thousand dollars : jjvovided, that said 
property or the proceeds or income thereof shall be set 
apart and applied for public park purposes in said town 
of Mount Washington. Upon the expiration of the Town to hold 
charter of said corporation, or upon its dissolution for propTrlyl^etc. 



338 



Acts, 1892. — Chap. 346. 



Provisions of 
1885, 157, to 
apply. 



any cause, all its property shall vest in said town, and 
shall be held and managed by said town for the mainte- 
nance of public parks therein. 

Section 3. The provisions of chapter one hundred 
and fifty- seven of the acts of the year eighteen hundred 
and eighty-five shall apply to said corporation. 

Approved June 2, 1892. 



Chcip.34:G An Act relative to supplying the town of stoughton with 



1886, 240, § 11, 
amended. 



Stoughton 
Water Loan, 
not to exceed 
$150,000. 



Sinking fund. 



Be it enacted, etc., asJoUows: 

Section 1. Section eleven of chapter two hundred 
and forty of the acts of the j^ear eighteen hundred and 
eighty-six is hereby amended by inserting after the word 
" hundred ", in the sixth line, the words : — and fifty, — 
and by striking out the word " six", in the eleventh line, 
and inserting instead thereof the w" ord : — five, — so as 
to read as follows: — Section 11. The said town may, 
for the purpose of paying the cost of said franchise and 
corporate property, and the necessary expenses and lia- 
bilities 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, Stoughton 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 five per centum per 
annum, and shall l)e signed by the treasurer of the town 
and countersigned by the water commissioners hereinafter 
provided for. The said town may sell such securities at 
public or private sale, or pledge the same for money bor- 
rowed for the purposes of this act, upon such terms and 
conditions as it may deem proper. The said town shall 
provide, at the time of contracting said loan, for the 
establishment of a sinking fund, and shall annually con- 
tribute to such fund a sum sufiicient, with the accumu- 
lations thereof, to pay the principal of said loan at 
maturity. The said sinking fund shall remain inviolate 
and pledged to the payment of said loan, and shall be 
used for no other purpose. 

Section 2. This act shall take efi*ect upon its passage. 

Approved June 3, 1892. 



Acts, 1892. — Chaps. 347, 348. 339 



An Act in relation to pensioning members of the fire depart- ni^f,^ 'Wl 

MENT OK the CITY OF BOSTON. "' 

Be it enacted, etc., as follows: 

Section 1. The board of tire commissioners of the Pensioning 
€ity of Boston, by the majority vote of the members and fiie"dep"rtment^ 
with the a})})roval of the mayor, shall have power to Bolton'!'^^ °^ 
I'etire from office in the tire department any member 
thereof who has become disabled while in the actual per- 
formance of duty, or any member who has performed 
faithful service in the department for a period of not 
less than fifteen consecutive years, and shall in such case 
place the member so retired upon the pension roll. Any 
member may be placed on the pension roll when it shall 
be certified to the board in writing, by the physician to 
the board of health, that such member is permanently 
incapacitated, either mentally or physically, from per- 
forming 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 two thirds of the annual compensation allowed 
to men of the grade in which such member served. The 
pension of members of the permanent force who have 
served fifteen years shall be an amount not exceeding 
one half the annual salary or compensation of the office 
from which said members are retired. 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 
ma}' determine. 

Sectiox 2. The said l)oard of the said city may, by Payments to 
majority vote of the members thereof with the approval "ifSie^penJiOT 
of the mayor, pay to former members of the fire depart- '^°"*' 
ment of said city now on the pension rolls of said city, 
pensions in accordance with the provisions of this act. 

Section 3. This act shall take efiect when acce[)ted feptance°brtiie 
by the city council of the city of Boston. city council. 

Approved June 3, 1892. 

An Act relating to naturalization in the inferior courts. (JJid^j 34g 
Be it enacted, etc., as follows: 

Section 1. No police, district or municipal court Naturalization 
shall exercise jurisdiction in the naturalization of courts. 



340 



Acts, 1892. — Chap. 349. 



aliens unless it has a clerk, duly appointed by the gov- 
ernor. 

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

Approved June 5, 1892. 



Lexington 
Water Company 
may improve, 
etc., its water 
supply. 



May take waters 
of Vine Brook 
and its tributary 
springs. 



CA<ZZ).349 -^N Act to authorize the Lexington water company to im- 
prove AND increase ITS WATER SUPPLY. 

Be it enacted, etc. , as folloivs : 

Section 1. The Lexington Water Company may 
take and hold, by purchase or otherwise, for the purpose 
of improving and increasing its water supply, the waters 
of Vine brook and of the springs tributary thereto in the 
town of Lexington, in the land heretofore. taken or pur- 
chased by said corporation, the title of said corporation 
whereto is hereby confirmed, and westerly of the westerly 
boundary thereof, and such land lying on the westerly 
side only of said westerly boundary, or of such boundary 
extended, as it may require for the protection and storage 
of said waters ; also the waters of said Vine brook and 
the springs tributary thereto on about twenty-six acres 
of land lying easterly of the said land of said Lexington 
Water Company, bounded northerly by a line thirty rods 
southerly from the Lincoln road and parallel thereto, 
easterly by the easterly line of land of Moses Joy, junior, 
southerly by land of A. E. Scott, and westerly by land 
of said Scott and of said Lexington Water Company ; 
and may convey the waters so taken to the present water 
supply or pumping machinery of said corporation for 
distribution through said town or any part thereof, and 
may erect on the land so taken or purchased, reservoirs, 
dams or other structures, and may make excavations and 
provide such other means and appliances as may be neces- 
sary for holding, storing and preserving said waters, and 
may construct and lay down conduits, pipes and other 
works under, through or over any lands to the extent 
necessary to fully carry out the purposes of this act. 

Section 2. The said corporation shall, within sixty 
days after the taking of any lands, rights of way, water 
rights, water sources or easements as aforesaid, otherwise 
than b}^ purchase, file and cause to be recorded in the 
registry of deeds for the county and district within which 
such lands or other property are situated a description 
thereof sufficiently accurate for identification, with a state- 



To file in the 
registry of 
deeds, a 
description of 
lands, etc., 
taken. 



Acts, 1892. — Chap. 349. 341 

iiient of the purpose for which the same were taken, signed 
by the president of the corporation, 

Seotiox o. The said cori)oration shall pay all damages Paymentfor 
sustained by any person or corporation l)y the taking of taine^d.^* ^"*' 
any land, right of way, water, water source, water right 
or easement, or by any other thing done by said corpora- 
tion under the authority" of this act. Any person or cor- 
l)oration sustaining damages as aforesaid under this act, 
who fails to agree with said corporation as to the amount 
of damages sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laving 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 three years. No Application not 

T,. /. j^ f ^ 1111 ij> to be made for 

application tor assessment ot damages shall be made tor damages untu 
the taking of any water, water right, or for any injury t'lkeT* '^'^'"''"^ 
thereto, until the water is actually withdrawn or diverted 
by said corporation under the authority of this act. 

Section 4. The town of Lexino;ton shall have the rio-ht Town of Lex- 

, , ,, , °^ 1 11 • 1 i 1 ingtou may pur. 

to purchase the corporate property and all rights and chase property 
privileges acquired by said corporation under the author- ^° "^ 
ity of this act, in the manner provided in section eight of 
chapter two hundred and sixty-seven of the acts of the 
year eighteen hundred and eighty-one : jprovided, that the Provisos. 
property, rights and privileges acquired under either act 
shall not ])e purchased separately without the consent of 
said corporation; and jyrovided, farther, that the compen- 
sation to be allowed and paid for the franchise of said 
corporation shall not be increased by reason of the pas- 
sage of this act. 

Section 5. If any person shall use any of said water Penalty for 

div€rtiD2 or 

taken under this act without the consent of said corpora- corrupting 
tion, or shall wantonly or maliciously divert the water or ^''®'' 
any part thereof so taken, or corrupt the same, or render 
it impure, or destroy or injure any dam, aqueduct, pipe, 
conduit, hydrant, machinery or other works or property 
held, owned or used by said corporation under the author- 
ity of and for the purpose of this act, he shall forfeit and 
pay to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
on conviction of either of the wanton or malicious acts 
aforesaid may be punished by a line not exceeding three 



342 Acts, 1892. — Chap. 350. 

hundred dollars or by imprisonment in jail not exceeding- 
one year. 
Work to be SECTION 6. This act shall take effect upon its passao;e» 

within two bat shall become void unless work under said act is begun 
>«■'»"• within two years from the date of its passage. 

Approved June 5, 1892. 



ChCin.350 ^^ ^^^ ^^ AUTHORIZE THE CITY OF BROCKTON TO TAKE LAND* 
FOR SEWERAGE PURPOSES IN THE TOWN OF WEST BRIDGEWATER. 

Be it enacted, etc., as foUoics : 
Brockton may Sectiox 1. For the Durposc of puttino; in operation 

t3.k6 l^udB for 1 o I. 

sewerage pur- its systcm of scwcragc thc city of Brockton shall have full 
uJ'wn^ofWest powcr to cariy its sewers or their connections under any 
Bridgewater. street, highway or other way in the town of West Bridge- 
water, in such manner as not unnecessarily to obstruct 
the same, and may dig up such street, highway or other 
way, and may enter upon and dig up any private lands 
for the purpose of laying, maintaining and repairing any 
of said sewers or their connections ; and for the purpose 
of erecting a pumping station may enter and take, by pur- 
chase or otherwise, such lands as may be necessary there- 
for, providing that said pumping station shall be located 
at least four thousand feet from the south line of the city 
of Brockton, and east of Main street ; and do any other 
thing necessary or proper in executing the purposes of 
this act. 
To.fiiein^the Section 2. When any lands, water rights, rights of 

a description Way, eascmeuts or other real estate are to be taken bv 

of the land. • ^ '^ i i'^ i?j_i* j_ • '' 

said city, under or by virtue ot this act, in any manner 
other than by purchase, said cit}^ shall Hie in the registry 
of deeds for the county and district in which said lands^ 
water rights, or other real estate lie, and cause to be 
recorded, a description of the same as is required in a 
common conveyance of land, with a statement of the pur- 
pose for which the same is taken ; and upon such filing 
the title to the lands, water rights, rights of way, ease- 
ments or other real estate so described shall vest in said 
city. 
City to pay SECTION 3. Said citv sliall pay all damasres sustained 

damages sus- , • • i \' /» 

tained. by any person or corporation in property by reason ot 

such taking, and any person or corporation sustaining 
damage as aforesaid, who fails to agree with said cit}^ as 
to the amount of damage sustained, may have the damages 



Acts, 1892. — Chap. 350. 343 

assessed and determined in the manner provided by law 
when hind is taken for the hiying out of highways, on 
applieation at any time within the period of two years 
from the taking of such hind or other property. 

Section 4. In every case of a petition for the assess- Tender for 
ment of damages or for a jury, the said city may offer in be'Se."^'^ 
court, and consent in writing, that a sum therein specified 
may be awarded as damages to the comphiinant ; and if 
the comphiinant shall not accept the same within ten days 
after he has received notice of such otfer, and shall not 
finally recover a greater sum than the sum so oflered, not 
including interest on the sum recovered in damages from 
the date of the offer, the said city shall be entitled to 
recover its costs after said date, and the complainant, if 
he recover damages, shall be allowed his costs only to the 
date of the offer. 

Section 5. In carrying out the provisions of this act cuy to manage 

^ , . .. -p, , , 1 ' 1 1 , 1 1 , • IT Bewage so as not 

the city ot Brockton shall at all tmies manage and dispose to impair water 

/••, • 1 /- '"'j.'* for domestic 

ot its sewage in such manner as not to corrupt or impair use, etc 
for domestic use or render injurious to health, either 
directly or indirectly, the water from the Taunton Great 
river by the city of Taunton for the supply of its inhabi- 
tants, or by the Commonwealth of Massachusetts for the 
supply of the state workhouse at Bridgewater. If at any 
time a nuisance is created, or the water supply as afore- 
said is corrupted or impaired for domestic use or rendered 
injurious to health, the state board of health shall, upon 
the application of the selectmen of said town, alleging the 
existence of a nuisance, the water commissioners of the 
city of Taunton, or the trustees of the state almshouse and 
state workhouse, alleging the pollution of such water sup- 
ply as aforesaid, appoint a time and place for a hearing 
on such application and give due notice thereof to all 
parties interested therein. After such hearing the state 
board may% if in its judgment there is occasion therefor, 
order the city of Brockton to abate such nuisance, desist 
from such pollution, or to cleanse or purify the polluting 
substances before they are discharged into any waters 
emptying into Taunton Great river, in such a manner and 
to such a degree that they shall no longer be deleterious 
to the water supply as aforesaid. Any court having juris- 
diction in equity may, on the application of said board, 
by any process or decree, enforce the orders of the said 
board in the premises. 



344 Acts, 1892. — Chap. 351. 

Certain words SECTION 6. In tliis act the term "sewage" refers to 
domestic and manufacturing filth and refuse, and " sewer" 
to the means of disposal thereof. 

Subject to ac Section 7. This act shall take effect upon its accept- 

ceptance by a . i • i .hi i ^ i 

two thirds vote, aucc Dj a votc oi two thirds or all the members ot each 
branch of the city council of said city. 

Approved June S, 1892. 



ChClJ).S51 -^^ ^^'^ RELATING TO THE REGISTRATION OF VOTERS. 

Be it enacted, etc., as folloivs: 

defined ^"'^'^^ Section 1. Unless otherwise clearly apparent from 
the context of this act, the following Avords shall have 
the meanings respectively assigned to them : — First. 
The words " state election" shall mean any election held 
for the choice of a national, state, district or county offi- 
cer, whether for a full term or for the tilling of a vacanc3\ 
Second. The words " city election " shall mean any elec- 
tion held in a city for the choice of mayor, aldermen or 
other officers of the city, whether for a full term or for 
the tilling of a vacancy, or for the transaction of city 
affairs. Third. The words "town election" shall mean 
any meeting held in a town for the election of any select- 
man or other officer of a town, whether for a full term or 
for the tilling of a vacancy, or for the transaction of town 
affairs. Fourth. The word "registrars" shall mean the 
board of registrars of voters of a city or town. Fifth. 
The word " assessors" shall mean the assessors of taxes 
of a city or town. Sixth. When the words " registrars " 
and "assessors", or any two of them, are used in the 
same section, they shall mean of the same town or city. 

Qualifications of SECTION 2. Evcry uialc citizcu who had the right to 

a male voter. i /> /• -» • i • i i 

vote on the first day of May ot the year eighteen hun- 
dred and fifty-seven, and every other male citizen, not a 
pauper or person under guardianship, who, not being 
prevented by physical disal)ility from so doing, is able to 
read the constitution in the English language and write 
his name, and who is twenty-one years of age or upward, 
and who shall have resided within the state one year and 
within the city or town in which he may claim a right to 
vote six months next preceding any state, city or town 
election, shall have the right to vote in every such elec- 
Proviso. tion in such city or town : ^;ro^;^VZeJ, however, that no 

person whose name is not entered, as hereinafter pro- 



Acts, 1892. — Chap. 351. 345 

vided, in the annual register of voters shall be allowed to 
vote. 

Section 3. Every female citizen, not a pauper or Quaiiflcationa 
person under guardianship, who, not being prevented by voter, etc. 
physical disability from so doing, is able to read the con- 
stitution in the English language and write her name, 
and who is twenty-one years of age or upward, and who 
shall have resided within the state one year and within 
the city or town in which she may claim a right to vote 
six months next preceding any election of a school 
committee, shall have the right to vote in every such 
election in such city or tov/n for members of a school 
committee : provided, Jiowever, that no woman whose proviso, 
name is not entered, as hereinafter provided, in the 
annual register of voters shall be allowed to vote. 

Section 4. Every person qualified to vote, as herein- voter to vote in 
before provided, shall vote only in the city or town, and dence, etc. 
voting precinct, if any, in which was situated his residence 
on the first day of May or of his becoming an inhabitant 
after the first day of May ; but if any male person quali- 
fied as aforesaid shall remove his residence to another 
city or town within the Commonwealth he may continue 
to vote in the place of his residence, as aforesaid, for 
national or state oflicers until after the expiration of six 
months from the date of such removal. 

Section 5. Indians within this Commonwealth are indiansdeciared 
made and declared to be citizens of this Commonwealth, etc. 
and entitled to all the rights, privileges and immunities, 
and subject to all the duties and lial)ilities to which all 
other citizens of this Commonwealth are entitled and 
subject. 

Section 6. No person having served in the army or soidierand 
navy of the United States in time of war, and having qualified on ac 
been honorably discharged from such service, if otherwise rece'ivedaidyetc. 
qualified to vote, shall be disqualified therefor on account 
of receiving or having received aid from a city or town. 

Section 7. The assessors, by one or more of their Assessors to 

' y . make lists of 

"number, or by one or more assistant assessors, shall in persons isabie to 
the months of May and June in each year visit every poutax, etc. 
building in their respective cities and towns and make 
true lists containing, as near as they can ascertain from 
any owner or occupant of a building, the name, age, 
occupation and residence, on the first day of May in 
the current and preceding years, of every male person 



346 Acts, 1892. — Chap. 351. 

twenty years of age and upward residing therein and 
liable to be assessed for a poll tax ; and shall receive the 
request of every woman twenty-one years of age and 
upward residing therein on the first day of May in the 
current year who shall, in a writing signed b}-^ her, 
request that her name be transmitted to the registrars 
for purposes of registration ; and shall make diligent 
inquiries concerning all matters required of them in this 
section. They shall make correction of any error in the 
name or place of residence of a person assessed, on his 
personal application therefor and on proof of the same, 
and when informed of any such error shall make investi- 
gation thereof and correct the same on their books. All 
applications, certificates or affidavits taken by the assess- 
ors shall be preserved for two years. 
utmrsTist's'^?!.' Section 8. The assessors shall promptly, and before 
quests, iufo'rma- the fifteenth day of July, transmit to the res-istrars the 

tion etc •^ ' o 

lists so made or certified copies thereof, and shall 
promptly transmit to the registrars and the collector 
notice of ever\^ change in the name or residence of 
persons assessed a poll tax by them ; they shall also 
promptly transmit to the registrars the requests of all 
women which shall have been delivered to them, as afore- 
said, and every assessor, assistant assessor and collector 
shall furnish all information in his possession necessary 
to registrars in the discharge of their duties. 
In cities and cer- SECTION 9. The asscssoi's of citics shall, on or before 

tarn towns to .i,^/> it ^ti- i ii 

furnish street the tittccnth day ot July m each year, and the assessors 

lists of assessed n , i • " n ^ j_\ i • i i -j. j. j • 

polls. ot towns having over tive thousand inhabitants, according 

to the last state or national census, shall, on or before the 
first day of August in each year, prepare street lists con- 
taining the name of every person assessed by them for a 
poll tax for the coming year. Such lists shall be arranged 
by voting precincts in cities and in towns divided into 
voting precincts. They shall print said lists in pamphlet 
form, deliver to the registrars as many of said copies as 
they may require and hold the remainder for public dis- 

in certain towns tributioH. In towus containiuo; less than five thousand 

to post lists of . o . 

assessed polls, inhabitants, according to the last state or national census, 
the assessors shall, on or before the first day of August 
in each year, cause printed or written lists of all persons 
assessed therein for poll taxes to be prepared and con- 
spicuously posted in two or more public places in such 
town. 



Acts, 1892. — Chap. 351. 



347 



10 



The assessors shall, in said street lists, contents of 

• IT ^ • 1 • l.^ 1 • street liste. 

)iiildinors used as residences in the order in 



Section 
arrange all 

Avhich they stand on the street or other place, giving their 
number or other dehnite description, so that each build- 
ing can be readily identified, and shall place opposite or 
under each number, as near as can be ascertained, the 
name, age and occupation of every person residing in the 
building on the first day of May of the current year and 
assessed for a poll tax, with his residence on the first day 
of May of the preceding year. 

Section 11. The registrars shall keep a general regis- General register 
ter of voters containing the names and records of voters °^^°^®"- 
in their city or town now entered in the register of voters 
thereof, and shall, as hereinafter provided, enter therein 
the names of qualified voters in their city or town apply- 
ing to them for registration, giving the full Christian name, 
or that name by which the voter is generally known, and 
the surname, the full name or initial or initials of any 
other name or names which he or she may have, the age, 
place of birth, residence on the first day of May of the 
year of registration, or of his or her becoming an inhab- 
itant after said first day of May, date of registration, 
residence at said date, occupation, place of business or 
employment, and such other particulars as may be neces- 
sary to fully identify the voter. The secretary of the Blank books to 
Commonwealth shall furnish at cost price, to the registrars secretary, etc. ^ 
applying therefor, suitable l)lank books, with uniform 
headings in the following form, to be known as the 
general reo-ister of voters : — 



T3 




A 










ci 


^ 


S a 




a 




< 

o 


>> 




J3 

5 


a 
o 


D 
U 

O 




o .S 




£ 


atur 
cant 


a 

o 




O 


a 
a 


(4-1 

o 




a a 


at 
M 

u 


a 

a 


Sign 
pli 


^ 


M 

< 




O 


o o 

S 




a 


1 





















Form. 



Section 12. The registrars shall each year, after the Annual register 
first day of May, prepare an annual register of voters of °^'^°'®"'®'''- 
their city or town, with the names of the voters therein 
arranged in alphabetical order, and opposite the name the 



348 



Acts, 1892. — Chap. 351. 



Personal appli- 
cations foiregi s- 
tration to be 
made if name is 
not on annual 
register. 



Places for regis- 
tration, notices 
of sessions, etc. 



Sessions and 
records open to 
public inspec- 
tion, etc. 



Sessions for 
registration in 
cities, etc. 



residence on the first day of May of the current year, or 
of his or her becoming an inhabitant after said first day 
of May, and shall enter in said annual register every name 
on the lists of persons assessed a poll tax for the current 
year, as transmitted to them by the assessors, entering as 
his residence on the first day of May the place at which 
he was assessed such poll tax, and shall also enter in the 
annual register the name and residence as above of every 
woman whose request has been delivered to the assessors, 
as provided in section seven, and by them transmitted 
to the registrars, provided they can identify every such 
name as belonging to a man or woman whose name was 
borne on the voting list of the last preceding election ; 
they shall make all necessary inquiries and investigations 
to complete such identifications, but they shall not enter 
in such annual register any name objected to by one of 
the registrars until after a summons and examination, 
as provided in sections twenty-seven, twenty-eight and 
twenty-nine. 

Section 13. Every person whose name has not been 
entered in the annual register, in accordance with the pro- 
visions of the preceding section, must, if he or she desires 
to vote, appear in person at a place provided for registra- 
tion and prove that he or she possesses all the qualifications 
of a voter. 

Section 14. The registrars shall be provided by the 
city or town with suitable places for holding sessions to 
determine the qualifications of persons to be entered on 
the register, shall prepare and post or publish proper 
notices, stating in the notices the places and hours for 
holding day, evening and last sessions, and that after ten 
o'clock in the evening of the last day of registration they 
wnll not add nny name to the registers unless it be the 
name of a voter previously examined as to his qualifica- 
tions. The registrars shall act in open session and not 
secretly, shall keep all their records open at suitable times 
to public inspection, and shall preserve all complaints, 
certificates and other documents relating to registration 
for two years after the date thereof. 

Section 15. The registrars in every city, except Bos- 
ton, shall hold such day and such evening sessions as the 
city may, by ordinance, prescribe, or the registrars may 
deem necessary, and shall hold a session from twelve 
o'clock noon until ten o'clock in the eveuing; of the second 



Acts, 1892. — Chap. 351. 349 

Saturday preceding the annual state and the annual city 
election, which shall be the last day of registration. 

Section 16, The registrars in Boston shall hold such seBsions for 

, . , . >--' , ,. ., reijistration in 

day sessions as the city may, by ordinance, prescril:)e, Boston, etc. 

or the registrars may deem necessary, and shall hold not 

less than ten evening sessions, each of at least three hours' 

duration, in or near each ward, between the second day 

of September and the annual state election, and the same 

numl)er of such evening sessions between the annual state 

and the annual city elections, and shall hold a session at 

the central office from nine o'clock in the morning until 

ten o'clock in the evening of the fourteenth day preceding 

the annual state and the annual city election, which shall 

be the last day of registration. 

Section 17. The registrars in every town divided Sessions for 

, , , ■ , 1 1 -, . registration in 

into voting precincts snail hold such day sessions as the towns divided 

, •! J.1 • J. 1 into voting pre- 

town may prescribe, or the registrars may deem necessary, cincts, etc. 
and shall, not more than twenty days before the annual 
state and annual 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, and 
shall hold a session from twelve o'clock noon until ten 
o'clock in the evening of the Wednesday next preceding 
the annual state and the annual town election, which shall 
be the last day of registration. 

Section IH. The registrars in every town not divided sessions for 

, ~,, , , , , T . registration in 

into voting precincts shall hold such day sessions as the towns not di 

, '-^ ' ., ,, . ^ "^ , vided into voting 

town may prescribe, or the registrars may deem neces- precincts, etc. 
sary, and shall, not more than twenty days before the 
annual state and annual town election, hold sessions in 
two or more suitable and convenient places in such town, 
and shall hold a session from twelve o'clock noon until 
ten o'clock in the evening of the Wednesday next preced- 
ing the annual state and the annual town election, which 
shall be the last day of registration. 

Section 19. The registrars in every town not divided sessions for 

. . . -I'll •! registration in 

into voting precincts, in which there are two or more vil- certain villages, 

1 ^.,. /- , , . upon petition, 

lages, upon petition ot ten or more voters in or near a etc. 
village distant at least two miles from any place of regis- 
tration, stating that there are in such village at least ten 
citizens who desire and are eliofible to be registered, filed 
with the town clerk not less than eighteen days before 
the annual state or before the annual town election, shall 
hold a session, before the last day of registration in such 



350 Acts, 1892. — Chap. 351. 

town, at some suitable and convenient place in such 

village. 

Any registrar SECTION 20. Any registrar and any assistant registrar 

i8tr"ar 'may ex^^ Hiay, in the places of registration during office hours, 

c^'tTfo?regis. receive applications of persons presenting themselves for 

traiioD.etc. registration, may administer oaths and examine under 

oath such persons and other persons presenting themselves 

as witnesses ; and shall have full authority to maintain 

regularity and order in proceedings before him, and at 

and around the place where the sessions are held, and to 

keep the access thereto open and unobstructed. 

Certain papers Section 2 1 . Evcry registrar and assistant registrar, 

to be received as . ,. •j'/» t ^ iii-rii. 

prima facie evi- lu making au exammatiou oi an applicant, snail, it trie 
dencl.^eUr'' applicant presents a bill or notice from the collector, or a 
certificate from the assessors, showing that he has been 
assessed for a poll tax as a resident of the city or town 
on the first day of May of the current year, receive the 
same as prima facie evidence that the applicant has resided 
in the city or town the time required by law of a voter. 
Examination of Section 22. Evcry registrar and assistant registrar, 
quaiificatimis^*^ in making examination of an applicant, shall, if the appli- 
det^e^rra°iner° caut's qualifications have not been determined by the 
registrars within the four years next preceding his appli- 
cation, examine him under oath in regard thereto, shall 
require him, unless he is prevented by physical disability 
from so doing, or unless he had the right to vote on the 
first day of May in the year eighteen hundred and fifty- 
seven, to read at least three lines, other than the title, 
from an official edition of the constitution, in such manner 
as to show that he is neither prompted nor reciting from 
memory, shall require him to write his name in the regis- 
ter, and shall announce the name of the applicant in a 
clear, audible and distinct tone of voice before entering 
his name on the general register. 
Examination of Section 23. Evcrv reffistrar and assistant registrar, 

naturalized citi- . . "^ . ^ ,. ,. i ii -i? j.u 

zen applying for m making an examination oi an applicant, shall, it the 
registration, etc. ^ppjj^jjjjjj. jg ^ naturalized citizen, require him to produce 
for inspection his papers of naturalization and to make 
oath that he is the identical person named therein ; shall, 
if satisfied that he has been legallj^ naturalized, make a 
record or memorandum upon said papers of the date of 
such inspection and enter upon the general register the 
name and location of the court by which said papers 
were issued, with the date thereof; he need not require 



■within four 
years, etc 



Acts, 1892. — Chap. 351. 851 

the production of such papers after they have been once 
examined, passed upon and the above minutes thereof 
entered in the general register. 

Section 24. Every registrar and assistant registrar, Examination of 

< • • • r 1 • i I 1 1 •?• i • minor applying 

in making an examination ot an applicant, snail, it satis- forregistra- 
tied, from the evidence there presented to him, that the **°°'®'<^- 
applicant possesses all the other qualiticatious of a voter 
and will on the day of the next election be twenty-one 
years of age or upward, inform him or her thereof and 
report thereon to the registrars, and if not so satisfied 
shall notify the applicant thereof, who may thereupon 
appl}'^ to the registrars for reexamination. 

Section 25. The registrars shall place upon the gen- Placing of 
eral register the name of every person reported to them ge^e^rliregrster, 
therefor by any registrar or assistant registrar, after he ""'■ 
has examined such person, unless they notify such person 
of their intention not to do so and give him a reasonable 
opportunity to be heard thereon ; they shall not place any 
name upon the registers after ten o'clock in the evening 
of the last day of registration unless it be the name of a 
voter who has been previously examined as to his qualifi- 
cations, and in such case the vote thereon shall be attested 
by the clerk of the registrars. 

Section 26. The registrars shall revise and correct Revision and 

. , . ^ . . - .11 correction of 

said registers irom time to time in accordance with the registers. 
facts presented to them ; but they shall not change the 
place of re