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

See other formats

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.

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

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

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

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

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

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! •'"'^^*'^'

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- ^' "" ' ^ ^"''

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 ^^"-

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

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-

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

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.]

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, ^^ ^ '™'

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

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.

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.

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Page
Universitj^ at Cambridge, 27, 28, 47

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

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

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.

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.

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.

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.

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. ^"^' ''^'''

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

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-

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.

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.

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 °''^''

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. ^ ™'° ^ '

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.

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

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.

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.

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.

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-

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.

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

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!^"

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-

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-

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

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

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

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.

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-

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,

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.

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.

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

Brewster,

258

604,185 00

Chatham,

564

980,088 00

Dennis, .

790

1,606,610 00

Easthani,

166

282,232 00

Falmouth,

758

5,948,265 00

2 37

Harwich,

773

1,189,116 00

Mashpee,

171,646 00

Orleans, .

348

649,662 00

Provineetown,

1,381

2,375,270 00

1 05

Sandwich,

422

1,035,160 00

Truro,

259

350,574 00

Wellfleet,

328

757,112 00

Yarmouth,

517

1,986,688 00

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

Dalton, .

707

2,671,377 00

1 10

E<2;reinont,

2.16

451,030 00

Florida, .

128

169,811 00

Great Barrington, .

1,221

3,538,680 00

1 49

Hancock,

13-t

42 1, .800 00

Hinsdale,

443

753,960 00

Lanesborough,

270

535,957 00

Lee,

1,019

1,970,239 00

Lenox, .

658

2,941,587 00

1 20

Monterey,

139

237,678 00

Mount Washington,

79,738 00

Kew Ashford,

73,723 00

New Marlborough,

342

607,363 00

North Adams,

4,224

6,208,142 00

2 82

Otis,

173

222,191 00

Peru,

120,117 00

Pittsfield,

4,926

12,181,687 00

5 19

Richmond,

192

489,870 00

Sandisfield,

213

365,904 00

Savoy,

174

177,909 00

Sheffield,

482

918,159 00

Stockbridge, .

605

3,412,285 00

1 37

Tyringhara, .

109

236,305 00

Washington, .

115

202,783 00

"West Stockbridge, .

404

710,745 00

Williamstown,

942

2,290,879 00

Windsor,

162

202,952 00

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

Dartmouth,

773

2,224,902 00

Dighton, .

443

822,815 00

Easton, .

1,282

5,440,944 00

2 23

Fairhaven,

558

1,909,847 00

Fall River,

19,342

55,260,403 00

23 24

Freetown,

365

967,0.35 00

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

Eaynham,
Eeiioboth,

370

457

976,705 00
743,095 00

41
33

Seekonk,

312

866,470 00

Somerset,

559

1,084,560 00

Swanzey,

429

1,384,436 00

Taunton,

6.866

19,577,110 00

8 24

Westport,

642

1,485,037 00

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

Nahaiit, .

194

6,330,626 00

2 46

Xewbnrv,

402

1,139,233 00

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

Rowley, .

381

635,869 00

Salem, .

9,014

28,949,-267 00

12 06

Salisbury,

368

621,321 00

Saugus, .

1,085

2,656,379 00

1 13

Swampscott, .

722

6,090,837 00

2 42

Topsfield,

273

1,087,964 00

Wenham,

263

609,289 00

West Newbi;ry,

533
84,741

1,022,766 00

Total,

$246,481,129 00

$103 52

FRANKLIN COUNTY.

Ashfield, ....

287

$504,983 00

$0 22

Bernardston,

227

467,717 00

Buck land,

416

552,558 00

Charlemont,

291

360,245 00

Col rain, .

394

576,788 00

Conway, .

370

769,956 00

Deerfield,

821

1,487,115 00

Erving, .

298

372,516 00

Gill,

239

496,760 00

Greenfield,

1,600

5,432,008 00

2 25

Hawiey, .

167

150,985 00

Heath, .

138

167,167 00

Leverett, .

217

288,276 00

Le3'den, .

179,114 00

Moni'oe, .

104

134,363 00

Montague,

1,634

3,492,076 00

1 51

New Salem,

211

296,502 00

North field.

441

908,785 00

Orange, .

1,546

2,813,752 00

1 24

Rowe,

165

228,223 00

Shelburne,

396

945,332 00

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

Brimfield,

270

443,306 00

Chester, .

372

584,348 00

Chieopee,

3,106

7,083,348 00

3 04

Granville,

280

367,234 00

Hampden,

211

404,737 00

Holland, .

94,602 00

Holyoke, .

8,241

24,209,988 00

10 16

Longmeadovv,

774

1,312,(126 00

Ludlow, .

457

891,175 00

IMonson, .

917

2,109,711 00

INIontgomery, .

144,957 00

l*almer, .

1,517

2,658,448 00

1 18

Russell, .

211

513,323 00

Soiithwick.

259

548,654 00

Spring-field,

12,867

53,984,475 00

22 10

Tolland, ,

100

162,663 00

Wales, .

225

289,913 00

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

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

Chesterfield, ....

179

309.238 00

Cumming'ton, ....

200

322,782 00

Easthampton, ....

1,035

2,507,523 JO

1 07

Enfield,

293

859,949 00

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,

$139,810 00

$0 06

Grauby, .

207

471,611 00

Greenwich,

]-t3

287,211 00

Had ley, .

430

1,055,498 00

Hattiekl, .

391

1,100,803 00

Huntino^ton,

340

520,468 00

iMiddlefield,

104

251,520 00

Northampton,

3,726

10,086,563 00

4 26

Pelham, '.

130

169,453 00

Plainfield,

142

174,240 00

Prescott, .

133

171,254 00

Southampton,

263

507,677 00

South Hadley,

1,056

2,162,373 00

Ware, .

1,630

4,322,338 00

1 83

Westhampton,

113

260,115 00

Williamsburg,

532

1,005,769 00

Worthington, .

200

303,366 00

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

Ashland,

698

1,283,808 00

Ayer,

688

1,375,519 00

Bedford, .

305

1,068,910 00

Belmniit,.

588

4,037,459 00

1 62

Billerica,

608

2,125,627 00

Boxborough, .

103

252,357 00

Burlington,

173

512,662 00

Cambridge,

20,582

75,421,868 00

31 14

Carlisle, .

143

387,740 00

Chelmsford, .

797

1,976,107 00

Concord, .

1,036

4,391,983 00

1 80

Dracut, .

605

1,615,223 00

Dunstable,

124

330,379 00

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

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

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

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

Peppevell,

992

2,062,767 00

Reading, .

1,028

3,136,762 00

1 31

Sherboru,

312

890,377 00

Shirley, .

357

721,115 00

Somerville,

11,657

37,666,705 00

15 69

Stoneham,

1,822

3,697,703 00

1 61

Stow,

274

895,576 00

Sudbury, .

363

1,228,545 00

Tewksbury,

456

1,460,951 00

Townsend,

615

1,226,635 00

Tyngsborough

181

410,269 00

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

Westford,

568

1,354,531 00

Weston, .

515

3,162,661 00

1 27

Wilmington,

327

732,485 00

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

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

Foxborough,

786

1,589,703 00

Franklin,

1,387

2,808,562 00

1 22

Holbrook,

727

1,553,889 00

Hyde Park,

2,500

8,005,710 00

3 34

]\Jedfield,

449

1,301,350 00

Medway,

788

1,218,066 00

Millis, .

24.5

594,741 00

INJilton, .

1,023

16,737,122 00

6 56

Needham,

898

2,588,380 00

1 09

Norfolk, .

232

522,663 00

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

Stoughton,

1,495

2,.58 1,391 00

1 15

Walpole, .

731

2,031,415 00

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

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

Duxbury,

518

1,474,1.57 00

East BridgeAvater,

8.34

1,662,239 00

Halifax, .

L56

283,010 00

Hanover,

.582

1,390,845 00

Hanson, .

406

653,863 00

Hingham,

1,175

4,633,170 00

1 90

Hull,

228

2,514,104 00

Kingston,

481

1,884,367 00

Lakoville,

256

547,044 00

Marion, .

222

1,146,388 00

Marshfield, .

482

1,329,648 00

Mattapoisett, .

280

1,712,394 00

Midd 1 eborough,

1,791

4,050,180 00

1 74

Norwell, .

464

1,149,499 00

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

Rochester,

206

526,231 00

Rockland,

1,623

2,776,072 00

1 23

Scitiiate, .

659

2,061,538 00

War. ham,

660

2,046,845 00

West Bridgewater,

498

1,141,-544 00

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

Barre,

608

1,594,826 00

Berlin, .
Blackstone,

222
1,777

519,711 00
2,585,542 00

22
1 18

Bolton, .

251

511,068 00

Boylston,

229

520,179 00

Brookfield,

935

1,400,783 00

Charlton,

543

976,449 00

Clinton, ,

2,747

6,375,114 00

2 73

Dana,

189

297,060 00

Douglas,

530

1,030,178 00

Dudley, .

645

1,038,580 00

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

Harvard,

307

1,247,299 00

Holden, .

596

1,092,387 00

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

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

^Mendon, .

252

609,206 00

Milford, .

2,824

5,222,117 00

2 30

Millbury,

1,160

2,130,279 00

New Braintree,

156

444,342 00

North borough,

545

1,380,036 00

Northbridge, .

1,202

3,574,773 00

1 50

North Brookfield,

1,150

1,961,971 00

Oakham,

210

346,377 00

Oxford, .

782

1,383,889 00

Pax ton, .

131

287,025 00

Petersham,

259

610,330 00

Phillipston,

142

284,363 00

Princeton,

304

890,874 00

Royalston,

346

723,757 00

Ruthin d, .

299

524,996 00

Shrewsbury,

407

1,092,379 00

South borough

686

1,786,423 00

South bridge,

1,692

3,830,397 00

1 65

Spencer, .

2,241

4,839,817 00

2 09

Sterling-, .

370

887,220 00

Sturbridge,

502

990,858 00

Sutton, .

707

1,292,998 00

Tempi eton,

835

1,366,474 00

Upton, .

517

960,796 00

U.x bridge,

962

2,265,133 00

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

West Brookfield,

450

869,945 00

Westminster, .

463

814,430 00

Winchendon, .

1,317

2,170,577 00

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,

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.

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

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 : —

S a

a
o

D
U

o .S

atur
cant

a
a

(4-1

a a

at
M

Sign
pli

o o

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 residence of a voter nor erase the name of any
voter until they have notified him or her of their intention
in the matter, and given him or her an opportunity to be
heard thereon, except that they shall erase the name of
every person returned to them by the clerk or registrars
of deaths of the city or town as having deceased. The Notice to

•^ . , ° , assessors.

registrars shall promptly transmit to the assessors notice
of every error which they shall discover in the name or
residence of a person assessed, and they shall further
transmit to the assessors the name and residence of every
male person who shall prove to the registrars, for the
purpose of registration, that he w^as a resident of the city
or town on the first day of May preceding, but whose
name does not appear on the list transmitted to the regis-
trars by the assessors. The assessors shall forthwith Assessment,

, /• 1 • 11 1 1 etc., of poll tax.

assess such person tor his poll and estate, but such assess-
ment shall be subject to the provisions of section seventy-
three of chapter eleven of the Public Statutes. The

352

Acts, 1892. — Chap. 351.

Complaint, etc.
in case of
illegal or erro-
neous registra-
tion.

Service of
summons.

Correction of
error or erasure
of name.

Voting lists,
preparation,
contents, etc.

taxes so assessed shall be entered in the tax list of the
collector and he shall collect and pay over the same in
the manner specified in his warrant.

Section 27. The registrars, on a complaint in writing
made under oath by a registered voter, in a city at least
seven days and in a town at least four days before any
election, stating that the voter has reason to believe and
does believe that a certain person named in the complaint
is illegally or not correctly registered, and the matters in
which the registration is illegal or incorrect, shall examine
into said complaint, and, if satisfied that there was suffi-
cient ground for making the same, shall summon such
person to appear before them before the next election, at
a time and place therein named, and answer to the mat-
ters set forth in said complaint, reciting the substance
thereof in the summons and printing a copy of section
twenty-nine of this act on the face thereof.

Section 2S. Any officer qualified to serve civil or
criminal process shall serve said summons, by delivering
a copy thereof to the person named therein or by leaving
such copy at the last and usual place of abode of such
person known to the officer, not more than fourteen days
nor less than twenty-four hours before the return day,
and such officer shall return said summons to the rejjis-
trars before said return day, with his doings thereon.

Section 29. The registrars shall, on the appearance
of the person complained of, examine him or her under
oath and receive other evidence in regard to the matters
set forth in the complaint, and if satisfied that the person
is a qualified voter in the city or town shall enter in the
register the facts required for registration, in accordance
with the evidence presented to them, and if satisfied that
the person is not a qualified voter in the city or town, or
if the person does not appear without sufficient cause
being shown therefor, when the summons shows a service
thereof, they shall erase the name from the general or
annual register.

Section 30. The registrars shall, from the names
entered in the annual register, prepare voting lists to be
used at the several elections, and shall place alphabeti-
cally thereon the name of every person so entered and no
other name, and opposite the name the residence on the
first day of May, or of his or her becoming an inhabitant
after the first day of May ; and the names of women may

Acts, 1892. — Chap. 351. 353

ho placed upon a separate list. If the city or town is
divided into voting precincts, they shall prepare the voting
lists by precincts and place on the lists for each precinct
the names of all persons having therein a residence as
hereinbefore specitied. No registrar or assistant registrar
shall be answerable for any omission of a name or resi-
dence from the voting lists, or for any error in the same,
unless such name and residence are correctly entered in
the annual register.

Section 31. The registrars shall place together, under Lists of voter?
the proper heading at the end of the voting lists, the names vote?"adjoiu-
of all voters who by changes in city or town boundaries ^^g *°^"«' ^tc
are authorized by law to vote for members of congress,
councillors, senators or representatives in the general court
in a city or town other than the one in which they reside.

Section 32. The registrars shall at least twenty days Posting of
before the annual city or town election, and in Boston at emeied°in™^^
least twenty-four days and in all other cities and towns '*«°"'*' legister.
at least thirty days before the annual state election, [)ost
the names entered in said annual register in their central
office and in one or more other public places in the city
or town, or, in every city or town divided into voting
precincts, in one or more other public places in each
precinct.

Section 33. The registrars shall within forty-eight Postin? of addi-

h,'^ -I T i ii 1 • i tional Dames.

ours alter adding any new name to the annual register,

write or print every name so added, upon the lists posted
as aforesaid in their central office. In case the city or
town shall authorize the registrars to publish such addi-
tional names, the registrars may, in lieu of the posting
thereof, publish such additions in some one newspaper
published in the city or town, if one is published therein,
if not, in some one newspaper published in the county.

Section 34. The registrars shall, on the day of elec- certificate of
tion, give to any registered voter whose name has been clfseVfVmission
omitted from the voting^ lists or in whose name or resi- »'■ error, etc.
dence as placed on the voting lists a clerical error has
'been made, a certificate, signed by a majority of the
registrars, giving the correct name and residence of such
person, and directed to the officer presiding over the
election r such officer shall, on receipt of such certificate,
allow the person therein named to vote, check the name
on the certificate and securely attach the certificate to the
voting list. V

354

Acts, 1892. — Chap. 351.

Number of
assessed polls,
registered
voters, etc., to
be certified to
the secretary.

Transmission
of voting lists to
election officers.

Notices to be
posted near
voting lists.

Supervisors of
registration,
appointment,
powers and
duties.

Names of cer-
tain persons,
deceased, to be
sent to regis-
trars.

Police oflBcers
at meeting of
registrars.

Section 35. The registrars in cities and in towns
divided into voting precincts, shall forthwith, after the
last day of registration, certify to the secretary of the
Commonwealth the number of assessed polls and the num-
ber of registered voters in each precinct, and in towns not
so divided shall certify the number of such polls and the
number of such voters in the town, and the registrars in
every city or town where there are voters authorized to
vote for certain officers in another city or town, shall
certify to said secretary the number of such voters in
each precinct or town, and the officers for whom they are
authorized to vote in such other city or town.

Section 36. The registrars shall seasonably transmit
to the officers at the places designated for voting the vot-
ing lists prepared as aforesaid by them.

Section 37. All notices of registrars, assessors, city
or town clerks, or any other officer relating to elections,
shall be posted at or as near as may be to the place in
which the voting lists are posted.

Section 3f<. The governor, by and with the advice
and consent of the council, on petition of not less than ten
qualified voters in a city or town praying for the appoint-
ment of supervisors of registration for one or more places
of registration named in the petition, shall appoint two
supervisors for each place so named, one from each of the
two leading political parties, to serve for the term of one
year, who shall attend all sessions held at the place for
which they are appointed and attach to any books or
papers there used lor purposes of registration, such state-
ment touching the truth and fairness thereof as they or
either of them may deem proper, with their signatures or
other marks for purpose of identification.

Section 39. The clerk or registrar of deaths of each
city or town shall, on the first day of every month and
also two days before every election, send to the registrars
a list of the names of all persons over twenty-one years of
age deceased within the preceding month or since the date
of the preceding list, with the ward, street and number
where such person resided at the date of death.

Section 40. The board or officer in charge of the
police force of any city or town shall, when requested
so to do by the registrars, detail a sufficient number of
police officers to attend any meeting held by any registrar
or assistant registrar and preserve order and enforce the
orders of said registrar or assistant registrar.

Acts, 1892. — Chap. 351. 355

Section 41. Any assessor or assistant assessor who renaity, on
shall knowingly enter or cause or allow to be entered on assuta^u aLess.
any list of assessed polls the name of any person as a resi- wTi/uTnegllc'tl'
dent of a building, who is not a resident thereof, or who ^'°-
shall refuse or wilfully neglect to receive and transmit to
the registrars any request to be registered, signed by a
woman and offered to him at any building at which he is
collecting names for assessment, shall for each offence be
punished by a tine not exceeding three hundred dollars
or by imprisonment in the house of correction not exceed-
inof six months.

Section 42. Any registrar who shall refuse or wilfully on registrars.
neglect to require any applicant for registration to read
at least three lines, other than the title, from some official
edition of the constitution, in such manner as to show that
he is neither prompted nor reciting from memory, or to
require such applicant to write his name in the register,
unless he is prevented by physical disability from so doing,
or to announce the name of the applicant in a clear,
audible and distinct tone of voice before entering his name
upon the register, or who knowingly shall prevent or seek
to prevent the registration of any legal voter, or who
knowingly shall register the name of any person not
qualified to vote, or who shall be guilty of any fraud or
corrupt conduct in the execution of the duties of his office,
shall for each offence be punished by a fine not exceeding
three hundred dollars or by imprisonment in the house
of correction not exceeding six months.

Section 43. Any city or town officer who shall wil- on city or

town otiiccr

fully neglect or refuse to perform any duty required of
him by law in matters relating to the registration of voters,
shall for each offence be punished by a fine not exceeding
three hundred dollars or by imprisonment in the house of
correction not exceeding six months.

Section 44. Any person who knowingly or wilfully for fake affi-
shall make a false affidavit or take a false oath or sign a ceniflwue, °^
false certificate regarding the qualifications of any person Ju"or°uoIk;e°^
for assessment or registration, or shall iniure or deface i°'^''f^P"K wuh

O ' _ J ^ _ supervisor, etc.

any list of voters or any notice relatmg to the registration
of voters posted in any city or town, or shall prevent or
interfere with, or aid or abet any person in preventing or
interfering with any supervisor of registration in the dis-
charge of his duty, shall for each offence be punished by
a fine not exceeding three hundred dollars or by imprison-

356

Acts, 1892. — Chap. 351.

Penalty,
for registering
when not quali-
fied, for false
representation
or false answer,
for aiding or
abetting, etc.

for refusal or
neglect to give
true name or
full and true
information to
assessors.

for giving
name of non-
resident to
assessors.

for refusal,
disorderly con-
duct, etc., at
registrations.

Repeal.

ment in the jail or house of correction not exceeding one
year.

Section 45. Any person who shall cause his name to
be registered, knowing that he is not a qualified voter in
the place where so registered, or shall falsely represent,
or attempt to represent himself as another person before
any registrar or assistant registrar, or shall give a false
answer to any registrar or assistant registrar concerning
any matter relating to the registration of a voter, or the
right of any person to vote, or shall aid or abet any other
person in doing either of the acts above-mentioned, shall
for each offence be punished by a fine not exceeding three
hundred dollars and by imprisonment in the jail or house
of correction not exceeding one year.

Section 46. Any inmate of a building liable to be
assessed for a poll tax, who shall refuse or neglect to give
his true name when inquired thereof by any assessor or
assistant assessor, and any owner or occupant of a build-
ing: who shall refuse or neo-lect to g^ive the full and true
information within his knowledge relating to all persons
residing in such building, when inquired thereof by any
assessor or assistant assessor, shall for each offence be
punished by a fine not exceeding one hundred dollars or
by imprisonment in the house ot correction not exceeding
three months ; and any person who shall knowingly give
to an assessor or assistant assessor, for the purpose of the
assessment of a poll tax, the name of any person as a resi-
dent of a building who is not a resident therein, shall be
punished for each offence by fine not exceeding three hun-
dred dollars or by imprisonment in the jail or house of
correction not exceeding one year.

Section 47. Any person who shall refuse to obey the
lawful orders or directions of any registrar or assistant
registrar, or shall interrupt or disturb the proceedings at
any registration, shall be arrested, detained in custody and
taken before the court, and shall for each oflfence be pun-
ished by a fine not exceeding fifty dollars.

Section 48. Sections fifty-seven and fifty-eight of
chapter four hundred and forty-eight of the acts of the
year eighteen hundred and fifty-four, section one of chap-
ter three hundred and thirty-seven of the acts of the year
eighteen hundred and eighty-nine, sections two, three,
four, five, six, seven, eight, nine, ten, eleven, twelve,
thirteen, fourteen, fifteen, sixteen, seventeen, twenty-

Acts, 1892. — Chap. 352. 357

three, twenty-four, twenty-five, twenty-six, twenty-seven,
twenty-eight, twenty-nine, thirty, thirty-one, thirty-two,
thirty-three, thirty-four, thirty-five, thirty-six, thirty-
seven, thirty-eight, thirty-nine, forty, forty-one, forty-
two, forty-three, forty-four, forty-five, forty- six, forty-
seven, forty-eight, forty-nine, fifty, fifty-one, fifty-two,
fifty-three, fifty-four, fifty-five, fifty-seven, fifty-eight,
sixty, sixty-one, sixty-two, sixty-three, sixty-four, sixty-
five and two hundred and eight of chapter four hundred
and twenty-three of the acts of the year eighteen hundred
and ninety, chapters two hundred and forty-two, two hun-
dred and seventy-seven, two hundred and eighty-six and
two hundred and ninety of the acts of the year eighteen
hundred and ninety-one, and all acts and parts of acts
inconsistent herewith are hereby repealed, and this act
shall apply to all cities or tovvns, anything in any special
act to the contrary notwithstanding.

Sectiox 49. This act shall take effect upon its passage.

Approved June 8, 1892.

Chap.^52

An Act in relation to the employment of children.

Be it enacted^ etc. , as folloivs :

Section two of chapter three hundred and forty-eight isss, 348, §2,
of the acts of the year eighteen hundred and eighty-eight
is hereby amended by striking out the word "twenty",
in the seventeenth line of said section, and inserting in
place thereof the word : — thirty, — and by inserting after
the word "law", in said seventeenth line, the words: —
provided, the public schools are in session that number of
weeks, which time may be divided, so far as the arrange-
ments of school terms will allow, into three terms of ten
consecutive weeks e;ich, — so as to read as follows: —
Section 2. No child under fourteen years of age shall be chud under
employed in any manner before the hour of six o'clock in not'tobe em"
the morning or after the hour of seven o'clock in the even- ^'ix°i!M.''or°after
ing. No such child shall be employed in any factory, seven p.m.; not

o 1 !• 1 1 • 1 to be employed

workshop or mercantile establishment, except during the in a factory,
vacation of the public schools in the city or town where tionVwUhour
he resides, unless the person or corporation employing *^*^'""'^'^'^'^' ®^°'
him procures and keeps on file a certificate and employ-
ment ticket for such child as prescribed by section four of
this act, and no such child shall be employed in any indoor
work, performed for wages or other compensation, to

358 Acts, 1892. — Chap. 353.

whomsoever payable, during the hours when the public
schools of such city or town are in session, unless as afore-
said, or shall be employed in any manner during such
hours unless during the year next preceding such employ-
ment he has attended school for at least thirty weeks as
required by law '.provided, the public schools are in session
that number of weeks, which time may be divided, so far
as the arrangements of school terms will allow, into three
terms often consecutive weeks each ; and such employment
shall not continue in any case beyond the time when such
Duty of chief Certificate expires. The chief of the district police, with
police*"'^* the approval of the governor, shall have authority to des-
ignate any kind or kinds of employment in factories,
workshops or mercantile establishments as injurious to
the health of children under fourteen years of age employed
therein, and after one week's written notice from the said
chief to the employer or his superintendent, overseer or
other ajjent of such desiofuation no such child shall be
employed in any such kind or kinds of employment in
any factory, workshop or mercantile establishment.

Approved June 6", 1892.

(JJiaj),^5^ An Act relating to pensioning members of the police de-
partment OF THE CITY OF BOSTON.

Be it enacted, etc. , as follows :
Police officers, SECTION 1 . The board of police of the city of Boston

etc., of Boston .i- i../* j.- • 3

maybe retired may at his owu requcst retire trom active service and
and pensioned. p|,^gg upou a pcnsiou I'oll any member of the police
department who has performed faithful service in said
department for a period not' less than twenty years, if in
the judgment of the board said officer is incapacitated for
useful service on said force, and said board shall retire
from such service and place upon a pension roll any mem-
ber of said force who has arrived at the age of sixtj^-five
years, or an}^ member Avho shall be certified to said board
in writing, by the physician to the board of health of said
city, as being permanently incapacitated, either mentally
or physically, by injuries sustained in the actual perform-
ance of duty, from further performing duty as such mem-
Provisos. ber : provided, hoicever, that no officer shall be retired

under the provisions of this act unless such action is
approved in writing by the mayor of the city of Boston ;
2i\id.2^rovided, that soldiers and sailors who served during

Acts, 1892. — Chats. 354, 355. 359

the war of the rebellion and who have received an honor-
able discharge shall not be retired at the age of sixty-five
years, except at their own request.

Section 2. The amount of the annual pension allowed Amoun of pen.
to any person retired under the provisions of this act shall ^'"°'
be one half of the amount of compensation received by
him at the time of such retirement, the same to be paid
by the city of Boston.

Sectiox 3. The provisions of this act are in addition Not to repeal
to and not in repeal of any act now in force relative to for^*.'^' "°"' '°
pensioning members of such force.

Section 4. The board of police are hereby authorized Pensioners may

,. ,11 be called upon

in case or emergency to call upon any person so pen- for active ser-
sioned, for temporary service in the department for which '"'®'
he is fitted, and during such service he shall be entitled
to full pay.

Section 5. This act shall take effect upon its accept- subject to ac
ance by the city council of the city of Boston. cfty'councM.* ^

Approved June <?, 1892.

Chap.35i

An Act to establish the salaries of the county commis-
sioners FOR the county OF ESSEX.

Be it enacted, etc. , as folloivs :

Section 1. The salaries of the county commissioners salaries estab-
for the county of Essex shall be forty-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.

[^The foregoing was laid before the Governor on the second day
of June, 1892, and after Jive days it had the '•'■force of a lato,"
as prescribed by the Constitution, as it ivas not returned by him
v:ith his objections thereto within that time.']

An Act to incorporate the city of everett. Phnn ^^^

Beit enacted, etc., as folloivs:

Section 1. The inhabitants of the town of Everett, city of Everett
in case of the acceptance of this act by the voters of said '°'=o'"po'''»^ed.
town as hereinafter provided, shall continue to be a body
politic and corporate under the name of the City of
Everett, and as such shall have, exercise and enjoy all
the rights, powers, privileges and immunities, and shall
be subject to all the duties and obligations pertaining to
and incumbent upon the said town as a municipal corpo-
ration.

360

Acts, 1892. — Chap. 355.

Government
vested in the
mayor and city
council, etc.

Divii-iou into
wards.

Warrant for
calling meetings
of qualitied vot-
ers.

Municipal elec-
tion and munici-
l)al year.

Election of
mayor, city
council and
school commit-
tee.

Filling of vacan-
cies.

Section 2. The government of the city and the gen-
eral management and control of all the fiscal, prudential
and municipal affairs thereof shall be vested in a single
ofiicer, 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.

Section 3. The territory of the city shall first be
divided into six wards, in the manner hereinafter provided.
The number of wards may, 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.

Section 4. All meetings of the qualified voters of
the city for the purpose of voting at elections, and for
other municipal or legal purposes, f?hall be called by war-
rants issued by order of the boaid 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 ordi-
nance direct.

Section 5. The municipal election shall take place
annually on the second Tuesday of December, and the
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 qualified
voters shall, in the several wards, give in their votes by
ballot for mayor and for members of the city council and
of the school committee, or for such 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
of mayor, or if the person elected to that office shall
refuse to accept the office or shall die before qualifying,
or if a vacancy in the office shall occur more than four
months previous to the expiration of the term of service

Acts, 1892. — Chap. 355. 361

of a mayor, the board of aldermen shall forthwith cause
warrants to be issued for a new election, and the same
proceeding-s shall be had in all respects as are hereinbefore
provided for the election of mayor ; and such proceedings
shall be repeated until the election of a mayor is com-
pleted. If the full number of members of the city coun-
cil then required to be chosen shall not be elected at the
annual munic ipal 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 previous to the expira-
tion of his term of office, the city council may, in its dis-
cretion, order a new election to be held as aforesaid to
till the vacancy.

Section 8. When no convenient wardroom for hold- ^^^Hhtn^fimus
ing the meetings of the qualified voters of a ward can be ofadjaeeDt
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 purpose 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 ueneraimeet.
of the city may from time to time be held according to the ^°oter8. '^"'' * ^
right secured to the people by the constitution of the Com-
monwealth, and such meetings may and u[)on the request
in writing of fifty qualified voters setting forth the pur-
poses thereof shall be called.

Section 10. The city council shall be composed of ^''^^.''"f^'j'X
two branches, one of which shall be called the board of men, common
aldermen and the other the common council. The board, bers'.'^eiectiou,
of aldermen shall be composed of six members who shall '^rms, etc.
be elected by and from the qualified voters of the city.
At the first municipal election three aldermen shall be
elected who shall hold office for the municipal year next
succeeding their election, and three aldermen shall be
elected who shall hold office for the two munici})al 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 succeed-

362 Acts, 1892. — Chap. 355.

ing their election. In the election in the manner afore-
said at the first municipal election, of three aldermen for
two years, and also in the election of three aldermen for
one year, and likewise in subsequent municipal elections
in the election of three aldermen for two years, no voter
shall vote for more than two of the candidates for the three
positions respectively. If a voter marks more than two
names for the three positions to be so filled his ballot shall
not be counted for any of such positions. If in any year
of a new division of the city into w^ards the number of the
wards shall be changed, the terras of ofiice of all the alder-
men shall expire at the end of the municipal year in which
the division is made, and at the municipal election occur-
ring 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. In every municipal election
so held after such new division into wards, except in vot-
ing to fill vacancies, each voter may vote for a number
of aldermen one less than the number to be elected, and
shall vote for no more ; and any ballot which is marked
for a greater number of names than as above provided
shall not be counted in the vote for aldermen. Three
members of the common council shall be elected annually
by and from the qualified voters of each ward, and the
councilmen so elected shall hold office for the municipal
year next succeeding their election.
^A™lh*ofTffice Section 11. The mayor elect and the members elect

to mayor and of the citv council shall, on the first Monday in the Jan-
members of city *' , . .1 • ^ !• 11 1 ill

council. uary succeedmg their election, at twelve oclock, noon,

assemble together and be sworn to the faithful discharo;e
of their duties. The oath may be administered to the
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 admin-
istered to the members of the city council by the mayor,
or by the city clerk, or by a justice of the peace. In
case of the absence of the mayor elect on the first Monday
in January, or if a mayor shall be subsequently elected,
the oath of office may at any time thereafter be adminis-
tered 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

Acts, 1892. — Chap. 355. 363

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 Certificate of

oath has been taken by the mayor shall be entered in entered upon

the journal of both branches of the city council, and in CrhV°'"'^

the journ:tl 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 oiEce have been city council,
administered each branch of the city council shall meet and prfsidhrg'offi-
organize by the election by ballot of a president, and no cwk o/com!'^'^'
other business shall be in order until a president has been mon council,

t 1 11 • 1 city messenger,

chosen. The eldest senior member present shall preside etc.
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 proceedings and shall perform such
further service as such branch may require. The presi-
dent of the board of aldermen may be removed from office
by the affirmative votes of two thirds of all the members
of 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 council. 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

364

Acts, 1892. — Chap. 355.

City council
to be judge of
election of
members, etc.

Special meet-
ings of city
council may be
called by mayor,
etc.

City council,
quorum, etc.,
transaction of
business, etc.

Salary of
mayor.

Salaries of
members of
city council.

Votes on appro-
priations or
loans.

provide for the election by concurrent vote of a city
messenger.

Sectiox 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
transaction of all business, and subsequent to the day of
organization 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
changiog the salary shall take effect until the municipal
year succeeding that in which the ordinance is passed.

Section 17. The city council may by ordinance pro-
vide for the payment of salaries to the members of either
branch of the city council, but no ordinance establishing
a salary or increasing a salary already established shall
take effect until the municipal year succeeding that in
which the ordinance is passed.

Section 18. All votes of the city council making
appropriations or loans of money shall be in itemized
form, and when brought before the city council, on
recommendation of the mayor, no item of the appropria-
tion 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.

Acts, 1892. — Chap. 355. 365

Section 19. Either branch of the city council may by Public and pri-
special vote hold private sittings for the consideration of cuy ciun"!*"^
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 20. No member of the city council shall Members of
during the term for which he is elected hold any other to hoia certain
office or position the salary or compensation for which is etc.^"^ °*°^^'
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 21. Neither the city council nor either branch Employment of
thereof, nor any committee or member thereof, shall !ff''c°o'^it'?a''cu°^
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
required in providing for the appointment and removal
of subordinate ofiicers and assistants, and as may be nec-
essary for defraying the contingent and incidental expenses
of the city council or of either branch thereof.

Section 22. The city council shall have power within ordinances
said city to make and establish ordinances and to affix wuhpenaules
thereto penalties for the violation thereof, as herein or by affixed, etc.
general law provided, without the sanction of any court
or of any justice thereof. AH ordinances 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
efiect 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 23. The city council shall, subject always to Laying out, etc.
the approval of the mayor, have exclusive authority and waysfetc.^"'^
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 matters

366 Acts, 1892. — Chap. 355.

relating to such laying out, locating anew, altering, dis-
continuing 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 sim-
ilar cases allowed in appeals from decisions of selectmen.

and dmies°r"^ Section 24. Exccpt as herein otherwise provided the

city council. city couucil 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 Commonw^ealth, 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
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.

Term of^office of jSection 25. The mayor shall be elected from the
qualified voters of the city, and shall hold office for the
municipal year 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.

Mayor to be the SECTION 26. The mayor shall be the chief executive

CI116I GXGCUtlVti

officer, etc. ofiiccr of the city, and the executive powers of the city
shall be vested m him and be exercised by him either
personally or through the several officers and boards in
their respective departments, under his general super-
vision and control.

To cause laws, SECTION 27. The mayor shall communicate to the city

ordinancee, etc., •iiii ii

to be enforced, 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
secure an honest, efficient and economical conduct of the
executive and administrative business of the city and the
harmonious and concerted action of the diiferent adminis-
trative and executive departments.

President of SECTION 28. In casc of a vacancy in the office of

board of alder- . fi-iji • i- i

men to act in mayor, or in case ot his death, resignation or absence

ma7or?etc. from thc Commouwealth, or of his inability from other

cause to perform the duties of his office, the president of

the board of aldermen shall, under the style of acting

Acts, 1892. — Chap. 355. 367

maj'or, exercise the powers and perform the duties of
mayor, except that he shall 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 least
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 29. The mayor shall appoint, subject to the xMayortoap-
confirmation or rejection of the board of aldermen, all the conflrmauoifby
officers of the city unless their election or appointment I^^J'n^etc ^"'''^'^
is herein otherwise provided for. No such appointment
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 Removal of om.
officer so appointed may be removed by 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 tiling 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 su'gect to public inspection.

Section 30. The mayor shall cause to be kept a oaidai record,
record of all his official acts, and for that purpose and to '^^°'
aid him in his official duties he may without the confirma-
tion of the board of aldermen appoint one or more clerks,
whose number and compensation shall be fixed by the city
council.

Section 31. The mayor shall as often as once in each to can heads of
month call together for consultation upon the affiiirs of cSSn/"'
the city, the heads of departments, who shall whenever
called upon furnish such information relative to their
respective departments as he may request.

Section 32. The mayor shall, in the month of January Estimates of
of each year, cause to be made to him by the heads of necessary ToT^''
departments and by all other officers and boards having |]^^.t*J°g^t9! '*'''
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 appropriations
for each department or purpose as he shall deem necessary
therefor.

368

Acts, 1892. — Chap. 855.

Appropriations
and expendi-
tures.

Detailed state-
ments of re-
ceipts and ex-
penditures to be
published.

Administrative
oflicers of the
city.

Establishment
of additional
boards and ofii-
cea.

Section 33. 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, except that after the expiration of the
financial year and before the making of the regular annual
appropriations, liabilities payable out of a regular appro-
priation may be incurred to an amount not exceeding one
sixth of the total of the appropriation made for similar
purposes in the preceding year.

Section 34. The mayor shall annually require all
boards and officers intrusted with the receipt and expendi-
ture 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 35. There shall be the following administra-
tive officers who shall perform the duties by law prescribed
for them respectively, and such further duties, not incon-
sistent 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, con*iisting
of three persons. 6. A board of overseers of the poor,
consisting of three persons. 7. A board of health,
consisting of three persons. 8. A board of license com-
missioners, consisting of three persons, in case the city
authorizes the sale of intoxicating liquors. 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 council may from
time to time, subject to the provisions of this act and in
accordance with general laws, if they exist in any particu-
lar 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 manage-
ment and control of a public library and 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

Acts, 1892. — Chap. 355. 3G0

and offices the administrative powers given by general
laws to city councils and hoards of aldermen. The city Reorganization
council 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 may subsequently diminish the number, may increase
or diminish the number of persons who shall perform the
duties of an office or board hereafter establit?hed as above
provided, and may abolish an office or board so hereafter
established. It shall be the duty of the mayor to appoint Appointment
all the officers above-specitied, and unless otherwise pro- ouice!""'*"
vided all those for whom provision shall hereafter be made,
on or before the tirst 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
an}' 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 quali-
fication. Every administrative officer shall unless sooner
removed hold office until his successor is appointed and
qualified.

Section 36. All administrative officers shall be sworn Administrative
to the faithful discharge of their respective duties, and offidar'records.
certificates of their oaths shall be made and kept in the
office of the mayor ; all such boards and other officers
shall keep a record of their official transactions, and such
record shall be open to public inspection.

Section 37. The city council may require the city Treasurer, coi-
treasurer, the city collector, the city auditor and such bt'requhedio'^
other officers whose appointment is provided for in the ^'^*^ koada.
preceding sections as are intrusted with the receipt, care
or disbursement of money, to give bonds, with such secu-
rity as it shall deem proper, for the faithful discharge of
their respective duties.

Section 38. The administrative boards and officers Administrative
specified in section thirty-five, and every administrative may appoint and
board and officer hereafter established by the city council ordinatrom-
under the provisions of sections thirty-five to forty-three, ^ers, etc.
inclusive, and having the charge of a department, shall
have the power, except as herein otherwise provided, to
appoint and employ and to discharge and remove all sub-

370

Acts, 1892. — CnAr. 355.

May employ
labor, make
contracts, etc.

Contracts iu
excess of $300
to be approved
by the mayor.

Police depart-
ment.

Fire depart-
ineut.

Adniiiiitifrative
lioardw, etc., to
give iiiforma-
iiuii, clc, upon
request of city
couucii, etc.

ordinate officers, clerks and assistants in their respective
departments ; and they shall keep a record, subject to
in.spection, of all so appointed and employed and of all
discharged and removed, and, in case of discharge and
removal, of the grounds therefor.

Section 39. 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, aud shall in general
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. Ail
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 required, no ex-
penditure shall be made or liability incurred for any pur-
pose beyond the appropriations previously made therefor.

Section 40. The city council may establish a police
department and provide for the a])pointnient of a chief
of police and of other members of the police force by
the mayor, or by a police board, or for the ap[)ointment
of other members of the force by a chief of police to be
appointed by the mayor.

Section 41. The city council may establish a fire
de|)artment 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
members of the department by a chief engineer to be
appointed by the mayor.

Section 42. 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 l^efore 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.

Acts, 1892. — Chap. 355. 371

Section 43. The citv council sliiill establish Iw ordi- saiarips to lu-

" . ,. 1 • • J. i- establishod bv

nance the salary or compensation oi ev'ery administrative ordiuance, tic.
otficer, but after the first municipal year no ordinance
changing any such salary or compensation shall take elffect
until the municipal year succeeding that in which the ordi-
nance is passed.

Section 44. The management and control of the school com-
schools of the city shall be vested in a school committee '"'
consisting of members at large an(i members from wards.
At the first municipal election held under this act three
meml)ers at large of the school committee, who shall be
inhabitants 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
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 of the school committee from wards, one
being an inhabitant of each ward, shall be elected by the
qualified voters of the entire city. 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 election, by the pclectmen of the town. At
each subsequent annual municipal election the qualified
voters of the city shall elect two members of the school
committee from wards, inhabitants of the same wards
from which the members whose terms of office then expire
were elected, to serve for terms of three years as afore-
said. If however in any year there shall be a new divi-
sion of the city into wards, the terms of oflSce of all the
members of the school committee from wards 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 of the school committee

372 Acts, 1892. — Chap. 355.

from wards, that the terms of one third of the members
of the school committee, as near as may be, shall expire
each year.
Vacancy on Sf^CTiON 4,5. In casc of a vacancy in the office of a

school commit- , /.i 11 • 1 iiiii

teu. member ot the school committee the mayor shall call a

joint convention of the board of aldermen and of the
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
tilled 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.

School com- Section 40. The school committee shall meet on the

mittfic, organi- r' -mi -i • -r • i i -ii

zatiou, quorum, first Mouday in January in each year and organize by the
election by ballot of one of its members as chairman and
by 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 con-
stitute a quorum for the transaction of business, but a
smaller number may adjourn from time to time.
i^^endentor"^' Section 47. The school committee may elect a super-
schoois.etc. intendent of schools and may appoint such other subordi-
nate 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.
bndsTo^schooi Section 48. The school committee, in addition to the
purposes, etc. excrcise of the powers and the discharge of the duties
imposed by law upon school committees shall, subject to
the approval of the mayor, have full power and authority
to select and purchase lands for school purposes, to deter-
mine the plans of all school buildings to be erected, to
order all additions, alterations and repairs to school build-
ings, and to provide when necessary temporary accommo-
dations for school purposes.
To make esti- Section 49. The school committec shall in the month
expenses for of Jauuai'y iu each year submit to the mayor an estimate

Acts, 1892. — Chat. 355. 373

in detail of the amount deemed by it necessary to expend nn^anciai year,
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.

Section 50. Unless thereto required by law the school N'ot to incur

1 11 1- 1 M-i. \. u • 1 J liability, etc.,

committee shall cause no liability to be incurred and no beyominie
expenditure to be made for any purpose beyond the spe- iSon"etc'.°'
citic appropriation which may be made therefor by the
city council, except that after the exjjiration of the finan-
cial year and before the making of the regular annual
appropriations, liabilities payable out of a regular appro-
priation may be incurred to an amount not exceeding one
sixth of the total of the appropriation made for similar
purposes in the preceding year.

Section 51. All orders, resolutions and votes of the orders, etc.,
school committee which involve the expenditure of money [ure'^oFmoney
shall be presented to the mayor for his approval, and to mayoTfor'''^
thereupon the same proceedings shall be had as are pro- ^pproVai.
vided by law in relation to similar orders, resolutions and
votes of a city council.

Section 52. The city council may determine that sal- salaries of
aries shall be paid to the members of the school commit- gchooi commit-
tee, may fix the amount thereof, and may change the ^^'^'
same from time to time.

Section 53. The remov;d of a member of the school Removal of

« , ii- I'll ij^i^ member from

committee irom the ward tor which he was elected, to ward not to dis-
another ward of the city, shall not disqualify him from 'i"''''^^-
dischar^ino; the duties of his office for the remainder of
the term for which he was elected.

Skction 54. The general laws relating to the munici- Municipal in-
pal indebtedness of cities, the general laws requiring the
approval 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
amendment thereto, shall have full force, application and
efi'ect in said city.

Section 55. All persons holding office in said town present officers
at the time when this act takes effect and becomes of n° w organiza""
force therein, as herein provided, shall continue to hold '^'°°-
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.

174:

Acts, 1892. — Chap. 355.

Pending legul
proceedings
not affected.

Trust funds.

Powers and.
duties of select-
meu when act
goes into effect,
etc.

Town clerk.

Registrars of
voters.

Selectmen to
notify persons,
first elected, etc,

Section 56. No suits, prosecutions or other legal pro-
ceedings in which said town is a party, pending at the
time when this act takes efiect in said .town, and no rights
then already accrued or penalties or forfeitures incurred
under any such proceedings, shall be aftected or impaired
b}^ the taking elfect of this act, and all by-laws of said
town shall continue in force until repealed or superseded
by ordinance.

Section 57. Trust funds given to or held by said
town shall continue to be held and administered by the
cit^^ council of the city, and trust funds given to or held
by the selectmen or other designated officers of the town
shall continue to be held and administered by the mayor
or by other otficers of the said city having powers corre-
sponding to those of the officers who formerly held and
administered such funds.

Section 58. Upon the taking eflect of this act as
herein provided the selectmen of said town sh:dl forthwith
divide the territory of the town into six wards, so that
the wards shall contain, as nearly' as may 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 Dect mber next succeeding such taking
efiect, provide 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 officers 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 gen-
eral laws relating to elections in cities, the provisions of
which shall so far as apj)licalile apply to such election ;
and the town clerk shall perform the duties therein
assigned to a city c'erk. 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 59. 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 Janu-
aiy next ensuing; and shall, by written notices left at
their respective places of residence at least twenty-four

* Acts, 1892. — Chap. 355. 375

hours prior to such asseml)ling, notify thereof the mayor
elect and the members elect of the city council, who shall
proceed to organize and carry into etfeet the provisions
of this act, which shall then have full force and ettect.
The selectmen shall in like manner provide and appoint
a place and hour for the lirst meeting of the school com-
mittee on the day aforesaid, and shall notify the members
elect thereof. Nothino; herein shall atfect the annual Not to affect

. ■, . 'i • 1 1 111 J c, J^ next annual

meetmg in said town, which may be held next alter the state election.
taking eti'ect of this act, for the election of national, state,
district and county officers.

Section GO. All oreneral laws in force in the town of General and

1 i- ""ijii ji 1 • • T ^ special laws to

Eiverett when this act shall be accepted as herein provided, continue in
and all special laws heretofore passed with reference to
said town of Everett and which shall then have been duly
accepted by said town, and which shall be then in force
therein shall, until altered, amended or repealed, continue
in force in the city of Everett, so far as the same are not
inconsistent herewith.

Section 61. A meeting shall be called by the select- Meetings for
men for the purpose of submitting the question of the que^iooofac-
acceptance of this act to the legal voters of said town at '=®p^^°'^^-
any time after the passage thereof, exxept in the months
of November and December. At such meeting the polls
shall be open not less than eight hours and the vote shall
be taken by ballot, in accordance 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 question, " Shall an act passed
by the general court in the year eighteen hundred and
ninety-two, entitled, ' An act to incorporate the city of
Everett,' be accepted?"; and the affirmative votes of a
majority of the voters present and voting thereon shall be
required for its acceptance. If at any meeting so called
this act shall fail to be thus accepted, it may at the expi-
ration of one year from any such previous meeting be
again thus submitted for acceptance, but not after the
period of three years from the passage thereof.

Section 62. So much of this act as authorizes the when to take
submission of the question of its acceptance to the legal ^^''*^'"
voters of said town shall take effect upon its passage, but
it shall not take further effect unless accepted by the legal
voters of said town as herein prescribed.

Apx>roved June 11^ 1892.

376 Acts, 1892. — Chaps. 356, 357.

(7^«/3.356 ^^ ^^"^ '•'^ INCORPORATE THE RED MEN'S BUILDING ASSOCIATION.

Be it enacted, etc., as follows:
Red Men's Sectiox 1. ■ Alpheus B. Alo;er, William Provin, Joel

Building As80- /-^ rr\ i i T-»/-^iiT-r» /^i -rii

elation iDcorpo- (j. lylei', Augustus P. Culder, J. Peter (jrardner, iired
Dobie, Andrew H. Paton, Fred O. Dowries, William T.
Litchman, William Scampton, Charles A. Russell, Wil-
liam C. Vnn Derlip, Samuel P. Tenney, William J.
Dinsmore, Charles H. Litchman and William N. Daven-
port, their associates and successors, all of whom must be
members of the improved order of red men, are hereby
made a corporation l)y the name of the Red Men's Building

Power and Association, for tlic purpose and with power and authority
on y. ^^ erect, purchase, lease and maintain a building in the

city of Boston for the use, benefit and accommodation of
the great council of the improved order of red men of this
Commonwealth, subject to all general laws that now are
or hereafter may be in force relating to such corporations.

Sd shires!''^ Section 2. The capital stock of said corporation shall

be one hundred thousand dollars, divided into shares of
five dollars each, and may be invested in such real estate
and personal property as may be necessary for the pur-
poses aforesaid.

Property mn5- SECTION 3. If Said jTrcat couucil shall he dissolved and

be trausterrid , r- ^ _ • i i

to the Common, ccasc to cxist, all the property of said corporation shall
vest in and become the property of the Commonwealth,
to be used for charitable and benevolent purposes, as the
general court may direct.

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

Approved June 11, 1892.

Chan.^r)! An act relating TO THE HOURS OF LABOR OF MINORS AND
WOMEN EMPLOYED IN MANUFACTURING AND MECHANICAL ESTAB-
LISHMENTS.

Be it enacted, etc., as follows:

houTiaw^* Section 1. No minor under eighteen years of age and

no woman shall be employed in any manufiicturing or
mechanical establishment more than fift^'^-eight hours in a
week.
TemainVforce SECTION 2. Nothing herein contained shall be con-
except, etc. * strucd to rcpcal the provisions of section four of chapter
seventy-four of the Public Statutes and acts in amendment
thereof or supplementary thereto, except so far as the

Acts, 1892. — Chaps. 358, 359. 377

same relate to the hours of labor during which minors and
women may be employed in a week.

Section 3. This act shall take effect on the first day To take effect
of July in the j'ear eighteen hundred and ninety-two. Juiyi. iw2.

Ap'jyroved June 11, 1892.

An Act to pkotect the shores and beaches of boston

HARBOR.

ChapMS

Be it enacted, etc., as follows:

Section 1. Whoever shall take, carry away, or remove Penalty for
by land or water any stones, gravel or sand from any of "emm^a° of "^
the beaches, headlands or islands within or borderins: upon stones, gtavei,

_, , , . , . , ^ '^ etc., from

Boston harbor, without the consent in writing of the Reaches, etc., of
board of harbor and land commissioners, shall for each
offence forfeit and pay for the use of the Commonwealth a
sura not less than twenty-tive dollars or more than two
hundred dollars, to be recovered by complaint or indict-
ment in any court of competent jurisdiction.

Section 2. Boston harbor, for the purposes of this Boundaries of
act, shall be deemed to include all tide water enclosed by fo°r1he pur^""^
the upland and a line drawn from the outer end of Point act?^°^^*^'*
Allerton, in the town of Hull, to the outer end of the outer
Brewster island and thence direct to the outer end of
Cherry island bar, in the town of Revere.

Section 3. Chapter three hundred and one of the acts Repeal.
of the year eighteen hundred and fifty-six and all acts and
parts of acts inconsistent herewith are hereby repealed.

Approved Jane 11, 1892.

An Act in relation to the recovery of costs from insol- (Jfiay) 359

VENT estates.

Be it enacted, etc., as follows:

Section 1. Section one hundred and thirty-nine «f f^ended ^ ^^^'
chapter one hundred and fifty-seven of the Public Stat- ^""^^
utes is hereby amended by inserting after the word " prop-
erty", in the seventh line thereof, the words: — to the
date of the first meeting, — so as to read as follows : —
Section 139. When an attachment on mesne process has Fees, costs, etc.,
been made and is not dissolved l)efore commencement of m^^/ar'^''"
proceedings in insolvency, and when such attachment has d'^so'^ed.
been dissolved by bond given by the defendant, if the claim
upon which the suit was commenced is proved against the

378 Acts, 1892. — Chaps. 3G0, 361, 362.

estate of the debtor, the phiintifF may also prove the legal
fees, costs and expenses of the suit and of the custody
of the property to the date of the first meeting, and the
amount thereof shall be a privileged debt.

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

Approved June 11, 1892.

ChUD.^GO ^^ ^^^ "^^ AUTHORIZE THE TOWNS OF DENNIS AND YARMOUTH
TO UNITE FOR THE EMPLOTMENT OF A SUPERINTENDENT OF
SCHOOLS.

Be it enacted, etc., asfoUoios:
May employ ft Section 1. The towus of Dcnuis and Yarmouth shall
Of schools, etc. have the same power to unite for the purpose of the
employment of a superintendent of schools and the same
right to receive an allowance from the state treasury, under
the provisions of chapter four hundred and thirty-one of
the acts of the year eighteen hundred and eight y^-eight and
acts in amendment thereof, which they would have had
if said towns had contained thirty schools, and shall be sub-
ject to the same duties and liabilities.

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

Aj)}) roved June 11, 1892.

0/1^79.361 "^^ ^^^ *^ RELATION TO THE DETENTION OF MATERIAL WITNESSES

IN CASES OF FELONY.

Be it enacted, etc., as follows:
Detention of Upou any complaiut or indictment for a felony, a mate-

nititeritii wit- i */ l %j '

nesses in cases rial witncss. Committed in the manner and under the cir-
^°"^' cumstances provided by law for failure to furnish sureties

for his appearance, may be held for a reasonable time under
such committal, notwithstanding the offender is not in cus-
tody, pending his pursuit and apprehension.

Approved June 11, 1892.

Chap.m2

An Act relating to the assessment of damages for prop-
erty TAKEN BY THE CITY OF FALL RIVER FOR TUE BETTER
protection of ITS WATER SUPPLY.

Be it enacted, etc., asfolloios.

wIilTsuppiy".'*^ inclusive, of chapter forty-nine of the Public Statutes,
shall apply to the assessment of damages sustained by

Assessment of Section 1. The provisiotts of sections sixteen and
propeny taken seveutcen, and of sections twenty-eight to thirty-one,

Acts, 1892. — Chaps. 363, 364. 379

the taking of any land, right or easement, under the
authority of chaj)tcr one hundred and fourteen of the acts
of the year eighteen hundred and ninety-one.

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

Approved June 11, 1S92.

An Act to authorize the city of lynn to make an addi- (JJiav.^Q'i

TIONAL water LOAN.

Be it enacted, etc., asfolloivs:

Section 1. The city of Lynn, for the purpose of ^v^^tef lJ^""
increasing its sources of water sup[)ly and paying expenses Act of is92. '
connected therewith, may raise from time to time a sum
of money not exceeding one hundred and tifty thousajid
dollars, and for this purpose may issue from time to time,
bonds, notes or scrip not exceeding said amount. Said
notes, bonds or scrip shall bear on their face the words,
City of Lynn Water Loan, Act of 1892, 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 mayor and treasurer of said city.
The said city may sell such securities at public or pri-
vate sale or pledge the same for money borrowed on
account of expenses connected with its water supply, upon
such terms and conditions as it deems proper : provided,
that such securities shall not be sold or pledged at less
than the par value thereof. The said city shall at the sinking fund.
time of contracting said loan provide for the establishment
of a sinking fund, and shall anqually contribute a sum
sufficient with the accumulations thereof to pay the prin-
cipal of said loan at maturity. The said sinking fund shall
remain inviolate and pledged to the payment of said loan
and shall be used for no other purpose ; and the said city
shall raise annually by taxation a sura sufficient to pay the
interest as it accrues on said bonds, notes and scrip.

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

Ap>proved June 11, 1892.

An Act to authorize the Worcester and Shrewsbury railroad rjJinj) 364

COMPANY TO EXTEND ITS TRACKS ACROSS LAKE QUINSIGAMOND.

Be it enacted, etc., as folloics :

Section 1. The Worcester and Shrewsbury Railroad Tracks may be

. , 1 • 1 1 extended across

Company is hereby authorized to extend its tracks and Lake Quiusiga.

380 Acts, 1892. — Chap. 364.

railroad from its present eastern terminus at Lake Quinsig-
amond, in the city of Worcester, to tlie western end of the
causeway which crosses said hdve, and thence over and
along said causeway to the line dividing said city and the

Provisos. town of Shrewsbury : provided, that said company widens

said causeway ten feet upon the southerly side thereof
and lays its track on the outer or southerly edge of the
widened causeway ; mwA provided, fiiriJier, ih^t no tracks
constructed under the provisions of this act shall cross a
highway at grade.

Subject to the Section 2. Said railroad company shall conform to

regulation ot the , , iiii -i c -t ^

railroad com- such regulatious as may be made by the board ot railroad

missioners, etc. . • ,• • .1 t. . 1 . a

commissioners tor securing the satety and convenience ot
public travel on the highway over said causeway. And
said company shall not allow cars to occupy such cause-
way for more than five minutes at a time. ■
Repairs 10 SECTION 3. Said I'aihoad companv shall kccp in repair

streets occupied i . . ^ ^

by tracks, that pail of auy street or way which is occupied by tracks

laid under the provisions of this act, and a space eighteen
inches outside of said tracks on both sides. And said
company shall be liable to reimburse said city for all dam-
ages and costs which said city may be compelled to pay
by reason of injuries suflered by any person because of a
defect in that part of any street or way which said com-
pany is bound to repair : provided, that said company
is notified of the pendency of, and given an opportunity
to defend, any suit which may be instituted for the recov-
ery of such damages.

Powers to Section 4. Unless said company or some other rail-

cease uuiess a 1 11 • 1 1 1 T

railroad is built road companv legallv organized and empowered so to do

to Marlborough , ,, .J:, "l, '=' "^ ® ^^ ,, f^U' 4-

within three Shall, withiu three years alter the passage ot this act, con-
yeais, etc. struct, cquip and operate a narrow gauge railroad from
the eastern terminus of the extension herein authorized
to the main village in the city of Marlborough, to connect
with the extension herein authorized, the powers granted
by this act shall cease, and said Worcester and Shrews-
bury Railroad Company shall remove from said causeway
any structures and tracks which it may have placed
thereon.
Damagpscaused Section 5. If Said Corporation locatcs its tracks. Under

by tracks over . . n ^ . ' • 111

priyate land, the provisious ot this act, ovci* any private land, or other-
wise causes damage to any person in his property, such
damages shall be assessed and collected in the manner pro-
vided by chapter one hundred and twelve of the Public

etc.

Acts, 1892. — Chaps. 365, 366. 381

Stiitiitos and acts in amendment thereof and addition there-
to, as in the case of the hiying out of raih'oads. But the
city of Worcester shall not be entitled to damages by rea-
son of the construction of tracks along said causeway in
accordance with the provisions of section one of this act.

Section G. In case the city of Worcester should rropoitionai

1 • 1 J , 1 • 1 • xi ^' i A 1 ^1 share of cost of

decide to construct a oridoe in the tuture to replace the bndaotobe
whole or a part of the said causeway, the railroad com- rruouf '^°'^^"'"
pany shall be required to bear its proportional share of the
cost of said bridge, said share to be determined by the
county commissioners of the county of Worcester.

Approved June 11, 1892.

ChapM5

An Act to authorize the town of north attleborouqh to
purchase the franchise and property of fire district
number one of said town.

Be it enacted, etc., as foUoivs :

Section 1. The town of North Attleborough is herel)y Town may pur-
authorized to buy, and the corporation called the Fire efc'.rof fi^rdil'
District Number One of North Attleborough is hereby ^'''^'•
authorized to sell, during the continuance of its charter,
the franchise, corporate property and all the rights and
privileges of said corporation, at a price which may be
mutually agreed upon ; and if said town and said corpo-
ration do not agree, the compensation shall be determined
by three commissioners to be appointed by the supreme
judicial court upon the application of either party and
notice to the other, whose award when accepted by the
court shall be binding upon all parties.

Section 2. Upon the execution of said conveyance. Town to assume
all the rights, privileges and liabilities of said tire district etc'foV iirrdis-
shall vest in and be assumed by said town of North Attle- '"^t- ^t*^-
borough, and said town may supply water to the inhabi-
tants of said town and others, subject to all the duties,
restrictions and liabilities applicable to said fire district.

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

Approved June 11 , 1892.

Chap.'^m

An Act to establish a naval brigade, to be attached to the

volunteer militia.
Be it enacted, etc., as folloivs :

Section 1. There shall be allowed, in addition to the Navai brigade.
militia as provided in section twenty-two of chapter four

382 Acts, 1892. — Chap. 366.

hundred and eleven of the acts of the year eighteen hun-
dred and eighty-seven, a naval brigade, to consist of eight
companies.

Officers of bri- Section 2. The officcrs of this brigade shall consist

^'" ' of one captain, who shall be chief of brigade and whose

rank and pay shall be the same as that of a colonel of
infantry ; a commander, whose rank and pay shall be the
same as that of a lieutenant colonel of infantry, and who
shall be chief of staff and executive officer; and a staff to
consist of a brigade adjutant, an ordnance officer, an equip-
ment officer, a paymaster, who shall be the mustering offi-
cer for the brigade, a surgeon, an engineer, a signal officer
and two aids. These officers, except the signal officer and
two aids, shall be lieutenants and have rank and pay corre-
sponding with that of captains of infantry. The signal offi-
cer and aids shall be lieutenants, junior grade, and shall
have the same rank and pay as first lieutenants of infantry.

Petty oflscers. There shall also be attached to the brigade sU\ff the fol-
lowing petty officers : one master at arms, who shall be
the chief petty officer of the brigade and shall have the rank
and pay of a sergeant major of infantry ; ^one chief gun-
ner's mate, one equipment yocman, one apothecar}', one
ship's armorer, two torpedo electricians, four machinists,
one chief quartermaster, one coxswain and one chief
bugler, all of whom shall have the same rank and pay as
non-commissioned staff of infantry.

Officer of each Sectiox 3. To cach battalion there shall be one lieu-
tenant commander, wdio shall be chief of battalion, whose
rank and pay shall be the same as that of a major of infan-
try, and a staff consisting of one battalion adjutant and
one assistant surgeon, who shall have the rank of lieuten-
ant, junior grade, with the corresponding rank and pay of

Petty officers, first Hcutenants of infantry. There shall also be attached
to the staff" of each battalion the following petty officers :
one chief boatswain's mate, one apothecary, one electri-
cian, one chief quartermaster and one bugler, all of whom
shall have the same rank and pay as first sergeants of
inftmtry.

Officers and sea- SECTION 4. To Cach COUipauy there shall be one lieu-
company, tenant, who shall be chief of company ; two lieutenants,
junior grade, and two ensigns, who shall correspond in
rank and pay with captains and first and second lieutenants
of infantry, respectively ; two boatswain's mates, two gun-
ner's mates, two quartermasters, two coxswains, one

Acts, 1892. — Chap. 3G7. 383

bugler and forty-four seamen. Boatswain's mates and
gunner's mates shall rank with sergeants, and coxswains
and quartermasters with corporals of infantry. The sea-
men shall receive the same pay as enlisted men in com-
panies of infantry.

Section 5. The naval brigade shall be allowed one Band,
band, of twenty-four pieces, and shall be uniformed as the
commander in chief shall direct, out of any existing appro-
priations for uniforms or supplies for the militia, and shall
be instructed as he may direct, and be subject to the laws
and regulations governing the militia. The duty required
by law may be performed atloat.

Section' (>. Commanders of companies shall be the Recruiting om-
recruiting officers of their commands, and the brigade of're'cmit may"
commander may forbid the muster in of any person when t'e forbidden.
in his judgment the person enlisted is unfit to be a mem-
ber of the volunteer militia.

Section 7. Chapter three hundred and sixty-six of Repeal.
the acts of the year eighteen hundred and eighty- eight and
all acts and parts of acts inconsistent herewith are hereby
repealed, but such repeal shall not affect the organization Present navai
of the present naval battalion, except a change in the office part''ofThl°uava'i
of paymaster, but such battalion shall be included in and ^^"ga'^e.
become a part of said brigade.

Section 8. This act shall take effect on the first day to take effect
of September in the year eighteen hundred and ninety- isy!;!''"''" ^'
two. Approved Jane 11, 1892.

An Act to authorize the city of fall river to borrow njinn 3B7

MONEY beyond THE LIMIT FIXED BY LAW FOR STREET IMPROVE-
MENTS, SEWERS AND THE ERECTION OF SCIIOOLHOUSES.

JBe it enacted, etc. , as follows :

Section 1 . The city of Fall River, for the purpose of M»y borrow

,, ii'i" . !• • money beyond

laynig out, establishmg, constructing and improving streets the debt iimii
or highways within the limits of said city, and for the pur- pTovemeu'tB.'"'
pose of making or repairing sidewalks or street crossings
therein, and for the construction of sewers and the erection
of schoolhouses, may incur indebtedness to an amount
not exceeding one hundred and fifty thousand dollais
beyond the limit of indebtedness fixed by law ; and may
issue bonds, notes or scrip therefor, payable in periods not
exceeding twenty years from the date of issue ; sevent}^-
five hundred dollars of said loan to be payable each year.
Of said sum fifty thousand dollars shall be used for

384 Acts, 1892. — Chaps. 368, 369.

improvements on the highways ; twent3'-five thousand
dollars for paving ; twenty-five thousand dollars for sew-
ers, and the balance for schoolhouses ; said sums shall be
used for the above-named purposes and no other.

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

Approved June 11, 1892.

ChapMS

An Act to prevent the fraudulent marking of ballots
during and subsequent to elections.

Be it enacted, etc., as follows :

Penalties for Any votcr who shall place any distinguishing mark on

markhirof bai- liis ballot shall bc punished by fine not exceeding one hun-
^°'** dred dollars or by imprisonment in the jail not exceeding

six months, or by both such fine and such imprisonment;
and any person who shall place any mark against any
name on any ballot not cast by himself, or who shall place
any distinguishing mark on any such ballot except as
authorized by law, shall be punished by fine not exceeding
one thousand dollars and by imprisonment in the jail not
exceeding three years. Approved June 11, 1892.

Cliaji.

provisions.

) S(>0 •^^ -^^^ PROVIDING FOR THE APPOINTMENT OF AN INSPECTOR OF
PROVISIONS, MILK, BUTTER, CHEESE AND VINEGAR, FOR THE CITT
OF LYNN.

"Be it enacted, etc., as follows:

Inspector of SECTION 1. Tlic board of health of the city of Lynn,

and its successors, is authorized and empowered to appoint
an inspector of provisions, who shall also be an inspector
of milk, butter, cheese and vinegar. Said officer shall be
appointed annually in the month of May, and shall hold
office until the first Monday of May of the year following,
or until his successor is appointed, and may be removed
by said board for cause. He shall be under the control of
said board, and shall perform all duties now required by
inspectors of milk, butter, cheese and vinegar, and inspect-
ors of provisions, and shall have all the powers that are
now vested in said ofl[icers respectively.

Repeal. SECTION 2. All acts and parts of acts inconsistent here-

with are hereby repealed.

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

Approved June 11 , 1892.

Acts, 1802. — Chap. 370. 385

An Act in relation to the accounts and records of col- (JJk^j) 370
lectors of taxes.

Be it enacted^ etc., as follows:

Section 1. Every collector of taxes who resigns his collector to ue-
office, or is removed or retired from otEce, shall within and papTrs^'wuh
three months after such resignation, removal or retirement, cie^ifwuhin
deposit all his accounts, records and papers relatino; to the three months

^ *■ 1 o Jitter retiremcDt

assessment and collection of taxes in the city or town in etc.
which he held such office, excepting his warrant, with the
clerk of such city or town.

Sectiox 2. Every ex-collector of taxes shall, within Es-coiiectors to
three months after the passage of this act, deposit all the po'Lu, etc.*^ '*^'
accounts, records and papers which are now in his posses-
sion rehiting to the assessment and collection of taxes in
the city or town in which he held such office, excepting his
warrant, with the clerk of said city or town.

•Section 3. The executor or administrator of a deceased Executors or ad-
ministrators to
person who at the time of his death or previously thereto make deposit

,. within three

was a collector of taxes, shall, within three months after months atterac
his acceptance of the office of administrator, deposit all omce°'^'^°
the accounts, records and papers which came into his
hands relating to the assessment and collection of taxes,
with the clerk of such city or town.

Section 4. When all the taxes committed to the col- when taxes

, f J • • 11 • 1 nave been paid

lector ot taxes in any cit}' or town have been paid or or abated, etc.,
abated, or in any event at the end of three years from the be^deposue'li.'"
date of the commitment to him of said taxes, he shall
deposit all the accounts, records and papers relating to such
taxes, with the clerk of the city or town in which he holds
office.

Section 5. If the collector of taxes in any city or collector to
town has an office for the deposit of records and the trans- rec^o''rd8,'*etc.'^ fn
action of the business of collector, the accounts, records certain cases.
and papers required to be deposited with the city or town
clerk shall be deposited with the collector in said office.

Section 6. Any city or town clerk, or collector of f^^cords and

1. . (• fi- 1 1111 papers to bo de-

taxes mentioned in section five ot this act, who shall have mandedot per-

ki 1 ,. , 1 1 ^ • J sons in posses-

nowledge ot any accounts, records or papers relating to sionofthesame.

taxes in his city or town which, under the provisions of

this act, should be in his possession, shall demand the

same of any person having them in his possession.

Section 7. Any collector or ex-collector of taxes, or Penalty.

any executor or administrator mentioned in section three

386

Acts, 1892. — Chap. 371.

of this act, who refuses or neglects to perform any duly
required by this chapter, or any person having in his pos-
session any accounts, records or papers mentioned in sec-
tion six of this act, who, after demand made by the clerk
or collector entitled by law to have possession of the same,
wrongfully detains them, shall forfeit a sum not exceeding
five hundred dollars. Aiyproved June 11, 1892.

(JJian.^lX ^^ ^CT TO AUTHORIZE THE CITY OF BOSTON TO TAKE JAMAICA
POND AND ward's POND FOR A PUBLIC PARK.

Lands, etc., on
Jamaica pond
and Ward's
pond may lie
taken for a iiub-
lic park.

Be it enacted, etc., as follows:

Section 1. The city of Boston may, by a vote of its
park commissioners approved by its mayor, take in fee, by
purchase or otherwise, such lands with the buildings there-
on, abutting on Jamaica pond in that part of Boston known
as ward twent^'-three, and such lands wMth the buildings
thereon, abutting on Ward's pond in that part of Boston
know^n as ward twenty-two, as said board of park com-
missioners with the approval of said mayor may determine
to be desirable for the public parks of said city, whether
said lands are held by the Jamaica Pond Aqueduct Corpo-
ration or by any other corporation or person ; but when-
ever any of the lands and buildings of the Jamaica Pond
Aqueduct Corporation are so taken, otherwise than by
purchase, the whole of the land and buildings owned by
it on the first day of March in the year eighteen hundred
and ninety-two, abutting on either of said ponds, shall be
taken : and whenever lands of the Jamaica Pond Ice
Company lying between Prince street and said Jamaica
pond are so taken, otherwise than by purchase, the whole of
the lands so lying, owned by it at the time of said taking,
and all buildings thereon used by it in connection with its
business in cutting and removing ice from said pond, and
storing and selling the same, and all fixtures forming a
part of said buildings, shall be taken ; and whenever any
of its lands lying between Pond street and said Jamaica
pond are so taken, the wdiole of its lands and buildings so
lying and owned by it at the time of said taking, and all
buildings thereon used by it in connection with its business
of cutting and removing ice from said pond, and storing
and selling the same, and all fixtures forming a part of said
buildings, shall be taken. And if said company or its
assigns shall give written notice to said board of park
within sixty days after receiving notice

Jamaica I'ond
Ice Company
may continue ice

busi..egs for two commissioncrs,

years, etc. '

Acts, 1892. — Chap. 371. 387

of finy such taking, that it desires to carry on its said
business upon the premises taken, said company or its
assigns shall have the right to cut and remove ice from
said Jamaica pond, and to remain in possession of and
use its fixtures, buildings and premises, and to continue
its business as before, for a period not exceeding two
years from and after said taking ; and the existence of said
riffht shall be taken into account in estimatino; the dam-
ages sustained by said company.

Section 2. Said board of park commissioners shall Description of

.... , ,. , , . '■ f. ,, p ., laods, etc., to be

withm sixty days alter the taking ot any lands asatoresaid, recorded in

.1 • /i 1 1 ^1 1 T • ^1 Suffolk registry

otherwise than by purchase, cause to be recorded in the of deeds.
registry of deeds for the county of Suffolk a description of
the lands so taken as certain as is required in a common
conveyance of land, together with the statement that the
same have been taken under the authority of this act,
which description and statement shall be signed by said
board or by a majority thereof. The fee of any property Fee of land to
so taken shall vest in the city, and said l^oard of park com- dnmages.'^'^''^'
missioners shall determine, and said city shall pay, all dam-
ages sustained by any person or corporation in his property
by any taking made under the authority of this act, other-
wise than by purchase ; but said determination by said
board of park commissioners shall not be a condition prece-
dent to any application to either the superior court or
the supreme judicial court for the assessment of said dam-
ages as provided in the following section.

Section 3. Said board of park commissioners or any Proceedings up-
person sustaining damages in his property by any taking, agree''upon°
otherwise than by purchase, made under authority of this ^^o^^nt of dam-
act, if they fail to agree as to the amount of damages so
sustained may within one year after such taking, file 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 thereupon, after such notice as said court shall order,
the damages 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 : provided, however, that if the
person or corporation sustaining damages as aforesaid
shall within six months after such taking, file in the office
of the clerk of the supreme judicial court for the county
of Suffolk a petition for the assessment of such damages,
said court shall, after such notice to the parties as the

388 Acts, 1892. — Chap. 372.

court shall order, appoint three disinterested persons who
shall, after such notice as the court shall order, assess the
damages, if any, which such petitioner may have sustained
as aforesaid ; and the award of the persons so appointed
or of a major part thereof, being returned into and
accepted by said court, shall be final, and judgment shall
be entered and execution issued thereon for the prevailing
■party, with costs taxed as in civil cases. In case of an
application to the supreme judicial court as aforesaid, any
petition theretofore tiled in the superior court for the
assessment of said damages shall forthwith abate and be
superseded.
Waters of ponds SECTION 4. Said city, to better guard and protect the

to be protected , . ■, j • i i •-titrt

from pollution, watcrs ot Said .Jamaica pond and said Ward s pond from
pollution and intrusion, shall, after it has taken, by pur-
chase or otherwise, all the lands abutting on said ponds
and until otherwise provided by statute, have and exercise
all the right and control which the Commonwealth has in
said ponds or in either of them ; but nothing herein shall
be construed to authorize said city to prevent said Jamaica
Pond Ice Company or its assigns from continuing to cut
and remove ice from said Jamaica pond and to carry on
its business as heretofore during the period mentioned in
section one of this act, if it shall so elect.

Section 5. This act shall take eifect upon its passage-

Approved June 13, 1892.

etc.

Cliapm2

aroended.

An Act in relation to proof of claims under life policies,
and providing certain penalties.

Be it enacted, etc., as follows:

1887, 214 § 73, Scctiou scventy-three of chapter two hundred and four-

teen of the acts of the year eighteen hundred and eighty-
seven is hereby amended by adding at the end thereof the
following words : — In any claim arising under a policy
which has been issued in this Commonwealth b}'^ any life
insurance company, without previous medical examination,
or without the knowledge and consent of the insured, or,
in case said insured be a minor, without the consent of
the parent, guardian or other person having legal custody
of said minor, the statements made in the application as
to the age, physical condition and family history of the
insured shall be held to be valid and binding upon the
company : provided, however, that the company shall not
be debarred from proving as a defence tosuch claim that

Acts, 1892. — Chap. 372. 389

said statements were wilfully false, fraudulent or mislead-
ing. Any solicitor, agent, examinini^ physician or other
person who shall knowingly or wilfully make any false or
fraudulent statement or representation in or with reference
to any application for insurance, or who shall make any
such statement for the purpose of obtaining any fee, com-
mission, money or benefit in any corporation transacting
business under this act, shall be guilty of a misdemeanor,
and upon conviction shall be punished by a fine of not less
than one hundred nor more than five hundred dollars, or
imprisonment in the county jail for not less than thirty
days nor more than one year, or both, at the discretion of
the court ; and any person who shall wilfully make a false
statement of any material fact or thing in a sworn state-
ment as to the death or disability of a policy or certificate
holder in any such corporation, for the purpose of pro-
curing payment of a benefit named in the certificate of
such holder, shall be guilty of perjur}^ and shall be pro-
ceeded against and punished as provided by the statutes
of the Commonwealth in relation to the crime of perjury,
— so as to read as follows : — Section 73. When a policy Rights of creni-
of insurance is effected by any person on his own life, or ei"/"'' ^^°^^"
on another life in favor of some person other than himself
having an insurable interest therein, the lawful beneficiary
thereof, other than himself or his legal representatives,
shall be entitled to its proceeds, against the creditors and
representatives of the person effecting the same : provided, I'roviso.
that, subject to the statute of limitation, the amount of
any premiums for said insurance paid in fraud of creditors,
with interest thereon, shall inure to their benefit from the
proceeds of the policy ; but the company issuing the policy
shall be discharged of all liability thereon by payment of
its proceeds in accordance with its terms, unless, before
such payment, the company shall have written notice by
or in behalf of some creditor, with specification of the
amount claimed, claiming to recover for certain premiums
paid in fraud of creditors. In any claim arising under a when policy i^
policy which has been issued in this Commonwealth by med'icarexami-
any life insurance company, without previous medical °^''eu*?"e1^(f.fto be
examination, or without the knowledge and consent of the yaiid 'and bind-
insured, or, in case said insured be a minor, without the
consent of the parent, guardian or other person having
legal custody of said minor, the statements made in the
aj)plication as to the age, physical condition and family

390

Acts, 1892. — Chap. 373.

Proviso.

Penalties.

history of the insured shall be held to be valid and binding
upon the company : provided, lioivever, that the company
shall not be debarred from proving as a defence to such
claim that said statements were wilfully false, fraudulent
or misleading. Any solicitor, agent, examining ph^^sician
or other person who shall knowingly or wilfully make any
false or fraudulent statement or representation in or with
reference to any application for insurance, or who shall
make any such statement for the purpose of obtaining any
fee, commission, money or benefit in any corporation
transacting business under this act, shall be guilty of a
misdemeanor, and upon conviction shall be punished by a
fine of not less than one hundred nor more than five hun-
dred dollars, or imprisonment in the county jail for not
less than thirty days nor more than one year, or both, at
the discretion of the court ; and any person who shall wil-
fully make a false statement of any material fact or thing
in a sworn statement as to the death or disability of a
policy or certificate holder in any such corporation, for
the purpose of procuring payment of a benefit named in
the certificate of such holder, shall be guilty of perjury,
and shall be proceeded against and punished as provided
by the statutes of the Commonwealth in relation to the
crime of perjury. Ajyproved June 13, 1892.

Water com-
inifsioners,
terms of office

ChCl7?.373 -^^ ^^"^ AUTHORIZING THE APPOINTMENT OF WATER COMMISSIONERS
FOR THE CITY OF QUINCT, AND PROVIDING MEANS FOR THE PUR-
CHASE OF THE FRANCHISE, CORPORATE PROPERTY AND ALL THE
EIGHTS AND PRIVILEGES OF THE QUINCY WATER COMPANY.

Be it enacted, etc. , as foUoivs :

Section 1. A board consisting of three commis-
sioners, who shall be citizens of the city of Quincy, shall
be appointed by the mayor of said city upon the passage
of this act ; they shall hold their offices respectively until
the expiration of one, two and three years from the first
Monday of February next preceding their appointment
and until their respective successors have been appointed
and qualified, unless they shall sooner resign or be removed
for cause as hereinafter provided ; and thereafter in Janu-
ar}' in each succeeding municipal year one person shall
be so appointed a member of said board, who shall hold
office for three years from the first INIonday of the Feb-
ruary next ensuing and until his successor has been

Acts, 1892. — Chap. 373. 391

appointed and qualified, unless his duties are sooner
terminated as hereinafter provided. Appointments to fill ^"^^"^igf'
vacancies which may occur by death, resignation or other- compensatiun.
wise, shall be made without delay by the mayor, and he
may remove any water commissioner from office for the
causes and in the manner provided in section twenty-
seven of chapter three hundred forty-seven of the acts of
the year eighteen hundred and eighty-eight. Said com-
missioners shall have such office room and clerical assist-
ance, and shall receive such compensation as the city
council from time to time may determine.

Section 2. The said commissioners shall, under the Powers and
general supervision and control of the mayor of said city,
in accordance with the provisions of the charter of said
city, superintend and direct the construction, execution
and performance of all the works, matters and things per-
taining to the water supply of said city, and shall continue
to have the control and management of the same under
the general supervision and control of the mayor as afore-
said. They shall he subject to such ordinances, rules and
regulations in the execution of such duties as the city
council of said city may from time to time ordain and
establish, not inconsistent wnth the laws of this Common-
wealth.

Section 3. The said city, for the purpose of payinsf Quincyrubnc

,, , , i- i.1 i- I • 4. 1."' Water Supply

the cost and expense ot the franchise, corporate property Loan not t.;
and all the rights and privileges of the Quincy Water Com- «ceed $700,000.
pany, taken and held under the provisions of chapter one
hundred and sixty-two of the acts of the year eighteen
hundred and eighty-three and the acts in amendment
thereof, and all the necessar}^ costs and expense incidental
to and connected with the determination of the value
thereof, and also for the purpose of paying the cost and
expense of the preserving, purifying and maintaining of
the same, shall, in addition to the rights granted by the
said chapter one hundred and sixty-two of the acts of the
year eighteen hundred and eighty-three, have authority to
issue notes, scrip or bonds, to be denominated on the face
thereof, Quincy Public Water Supply Loan, to an amount
not exceeding seven hundred thousand dollars, bearing
interest not exceeding five per centum per annum payable
semi-annually, the principal to be payable at periods of
not more than thirty years from the issuing of such notes,
scrip or bonds respectively. Said city may sell the same

392

Acts, 1892. — Chap. 374.

May provide
for Hcnual pro-
portiouate
paymenla.

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

einkiugfund. valuc thereof. Said city shall pay the interest as it
accrues on said loan, and shall establish a sinking fund
and shall contribute thereto annually a sum sufficient with
its accumulations to pay the principal of said loan at
maturity ; and said sinking fund shall remain inviolate
and pledged to the payment of said principal and shall be
used for no other purpose.

Section 4. The said city of Quincy, instead of estab-
lishing a sinking fund, may at the time of authorizing
said loan, including any loan under chapter one hundred
and sixty-two of the acts of the year eighteen hundred
and eighty-three, provide for the payment thereof in such
annual proportionate payments as will extinguish the same
within the time prescribed in this act ; and M'hen such
vote has been passed by the city council and approved
by the mayor of said city, the amount required thereby
shall without further vote be assessed by the assessors of
said city in each year thereafter until the debt incurred
by said loan shall be extinguished, in the same manner as
other taxes are assessed under the provisions of section
thirty- four of chapter eleven of the Public Statutes.

Repeal. SECTION 5. So much of chapter three hundred and

forty-seven of the acts of the j^ear eighteen hundred and
eighty-eight and acts in amendment thereof as is incon-
sistent herewith, is hereby repealed.

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

Approved Jane 13, 1892.

ChClJ).^74: ^^ ^^'^ RELATING TO THE ABOLITION OF GRADE CROSSINGS ON
CHELSEA BRIDGE AND CHELSEA BRIDGE AVENUE IN THE CITY
OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Upon petition of the mayor and aldermen
of the city of Chelsea, the superior oourt, or any justice
thereof sitting in equity for the county of Suffolk, after
such notice by public advertisement or otherwise as the
court shall deem desirable, and a hearing, shall appoint,
according to its discretion, a commission of three dis-
interested persons not residents of the county of Suffolk,
who shall, after due notice and a hearing, prescribe the
alterations and improvements necessary to abolish or over-

Commission to
aVtolish grade
crosfings on
Chelsea bridge
or Chelsea
bridge avenue.

Acts, 1892. — Chap. 374. 393

come till orade crossings on that part of Chelsea bridge or
Chelsea Bridge avenue crossing Mystic river in Boston in
said county.

Section 2. The said commission shall prescri])e the rowers ami
manner and limits within which such alterations and
improvements shall be made, and shall further determine
how the work shall be done ; and if said commission shall
decide that said grade crossings shall be abolished or over-
come by carrying the highway by a bridge or superstruct-
ure over the present railroad crossings on said bridge or
avenue, it may discontinue the present highway under
such bridge or superstructure, except so far as the use of
the same may be required for the proper and convenient
construction, maintenance, alteration and repair of said
overhead structure and the foundation and support thereof
and of any reconstruction of the same : provided, however', Rights of cer-
that the Lynn and Boston Railroad Company and the Bos- uous^n new
ton and Chelsea Railroad Company shall have the same ^''"^^®'
rights in any superstructure that may be erected here-
under as they have in the present bridge and roadway.

Section 3. The Lynn and Boston Railroad Company, The Lynn and

1 /• 1 1 1 /> 1 1 1 1 J Boston Kailroad

subject to the approval of the board ot harbor and land company to

•• iMii 1*1 U'l™ build temporary

commissioners, may build a temporary bridge or bridges, bridge.
upon which bridge or bridges it may run its cars while
said alterations and improvements are being made, and
it shall primarily pay all the expenses thereof, including
those of removal, and be liable for all damages arising in
consequence thereof.

Section 4. The Boston and Maine Railroad shall ^°f„°°K\"itoad
carry out such alterations and improvements as said !j°j"^^jQ^g''
commission shall prescribe, and do all the work required etc.
therein ; and of the cost incurred by said Boston and
Maine Railroad in doing said work and making said
alterations and improvements, as audited and approved
by the auditors provided for in chapter four hundred and
twenty-eight of the acts of the year eighteen hundred
and ninety, including in such cost the cost of the hearing Payment of
and the compensation of the commissioners and auditors and expensM!
for their services, and including also damages mentioned
in section five of chapter four hundred and twenty-eight
of the acts of the year eighteen hundred and ninety and
in all acts in addition thereto or in amendment thereof,
and including further all expenses of the Lynn and Boston
Railroad Company in changing its tracks to said super-

394

Acts, 1892. — Chap. 375.

cost, etc.

structure and in building said temporary bridge, five per
centum shall be repaid to said Boston and Maine Railroad
by said Lynn and Boston Railroad Company, and thirty
per centum shall be repaid to said Boston and Maine
Railroad by the Commonwealth, in the same manner
and from the same funds that money is paid by the
Commonwealth under the provisions of chapter four hun-
dred and twenty-eight of the acts of the year eighteen
hundred and ninety ; and of the amount so repaid to said
Boston and Maine Railroad by the Commonwealth, eight-
een per centum shall be repaid to the Commonwealth by
each of said cities of Boston and Chelsea, in three equal
annual payments of six per centum of said amount.
andCheis^rto" Section 5. Six per centum of the total amount to be
repay Common, j-epaid to the Commou Wealth by the cities of Boston and

wealth their i .,., ■,. . 1111

proponionof Chclsca, as providcd in the precedmg section, shall be
included in and made a part of the sum charged to each
of the cities of Boston and Chelsea for each of the ensu-
ing three years, and shall be assessed upon them in the
apportionment and assessment of their annual state tax.
The state treasurer shall in each of said three years notify
each such city of the amount of such assessment, which
amount shall be paid by the city into the treasury of the
Commonwealth at the time required for the payment, and
as a part of its state tax.

Section 6. Sections four to twelve, inclusive, of
chapter four hundred and twenty-eight of the acts of the
year eighteen hundred and ninety and all acts in addition
thereto or in amendment thereof, shall be applicable to
all proceedings under this act, so far as they shall not
conflict with the provisions of this act : provided, however,
that all damages occasioned by the taking of land, whether
by either city or said railroad company, shall primarily
be paid by said railroad company.

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

Approved June 14, 1892.

ProvisionB of
law applicable.

Proviso.

Chap.S75 An Act to repeal chapter three hundred and thirty-one

OF THE ACTS OF THE TEAR EIGHTEEN HUNDRED AND NINETY-ONE,
ENTITLED AN ACT TO SUPPLY THE TOWN OF METHUEN WITH
WATER.

Be it enacted, etc., as follows:
Repeniisoi, Section 1. Chapter three hundred and thirt3^-one of

the acts of the year eighteen hundred and ninety-one,

Acts, 1892. — Chaps. 376, 377. 395

entitled :in act to supply the town of Methuen with water,
is hereby re})ealed.

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

Approved June 14, 1892.

Chap.37(5

A\ Act in relation to the time of payment of the funded

DEBT OF THE ClXr OF CHELSEA.

Be it enacted, etc., as follows:

Section two of chapter two hundred and forty-eio;ht of i89i,248 §2,

•1 iiii-' amended.

the acts of the year eighteen hundred and ninety-one is

hereby amended by inserting after the words "payable

on", in the tenth line of said section, the words: — any

day not later than, — so as to read as follows : — Section

2. The said city, availing itself of the provisions of the

foregoing section, may issue new bonds, notes or scrip Mayispnenew

from time to time as the outstanding bonds, notes or scrip ''°°'i»> <^''=-

which shall then constitute the remainder of its funded

indebtedness, not including however the indebtedness

incurred under the provisions of section five of chapter

twenty-nine of the Public Statutes, shall severally mature,

for the purpose of providing for the payment of the same,

and may make said bonds, notes or scrip, so issued as

aforesaid, paj'able on any day not later than the thirty-first

day of December in the year nineteen hundred and eleven,

and shall at the time of said issue establish a sinking fund Sinking fund.

and contribute thereto from year to year an amount, raised

annually by taxation, sufficient with its accumulations to

pay said bonds, notes or scrip, so issued as aforesaid, at

their maturity. Ax)i:>roved June 15, 1892.

Chap.377

An Act to provide for the establishment of city govern

MENTS.

Be it enacted, etc. , as follows :

Section 1. The inhabitants of a town containing not Establishment

1 ,1 ,, .. 1'11'jj -I of city sovern-

Jess tnan twelve thousand innal)itants may, upon due ments.
warning, hold a meeting at any time in a year, except the
months of November and December, for the purpose of
applying for and consenting to a city governmenc for such
town, with the powers, privileges and immunities enumer-
ated in the articles of government hereinafter set forth.
At such meeting the polls .shall be opened for not less
than eight hours, and the vote shall be taken by ballot, votingtobeby

^1 -11 • • /. 1 1 • 1 ballot, time, etc.

in accordance with the provisions of law relating to elcc-

396

Acts, 1892. — Chap. 377.

Form of ballot.

City govern-
ment to be
constituted
upon majority
vote.

Provisions ap-
plicable.

YES.

NO.

YES.

NO.

1 YES.

1 NO.

tions in towns, so far as the same shall be applicable, in
answer to the following propositions, which shall be set
forth on the ballot in the following form : —

[Mark a cross in the square at the right of the answer
which you wish to give.]

1. Shall the town apply for and consent to a city gov-
ernment, with powers, privileges and immunities as set
forth in an act of the general court of the year
eighteen hundred and ninety-two, entitled, an
act to provide for the establishment of city
governments ?

2. Shall the city council be composed of a board of
aldermen and common council, instead of being a single
body ?

[If in favor of both a board of aldermen and
a common council answer Yes ; if in favor of a
single body answer No.]

3. Shall the aldermen, if the city council is composed
of two branches, be elected for two years, instead of for
one year?

[If in favor of two years answer Yes; if in
favor of one year answ^er No.]

4. Shall the mayor be elected for two years instead of
for one year?

[If in favor of two years answer Yes ; if in
favor of one year answer No.]

If a majority of the inhabitants of such town, present
and voting at any such meeting, shall so apply for and
consent to a city government, then a city government shall
be constituted in such town, with powers, privileges and
immunities enumerated in articles of government as here-
inafter set forth and as determined by the vote upon the
optional provisions. If the larger number of votes upon
the second proposition shall be in the affirmative, then the
articles four, seven, eight, eleven, twelve, thirteen, four-
teen, fifteen, seventeen, eighteen, nineteen, twenty, twenty-
one, twenty-three, twenty-four, twenty-eight, twenty-nine,
thirty, forty-two and forty-five shall be applicable and
take efiect in such town in the forms numbered one of said
articles as hereinafter set forth ; but if the larger number
of votes upon said proposition shall be in the negative,
then the said articles shall be applicable and take efiect in
the forms thereof numbered two. If the larger number
of votes upon both the second and third propositions shall

YES.

NO.

Acts, 1892. — Chap. 377. 397

be in the affirmative, article ten shall bo applicable and
take effect in the form of said article numhered one as
hereinafter set forth ; if the larger number of votes upon
the second proposition shall be in the affirmative and upon
the third proposition shall be in the negative, then said
article ten shall be applical)le and take effect in the form
thereof numbered two ; if the larger number of votes upon
the second proposition shall be in the negative, then said
article ten shall be applicable and take effect in the form
thereof numbered three. If the larger number of votes
upon the fourth proposition shall be in the affirmative,
then article twenty-five shall be applicable and take effect
in the form numbered one of said article as hereinafter
set forth ; but if the larger number of votes upon said
proposition shall be in the negative, then said article
twenty-five shall be applicable and take effect in the form
thereof numbered two. In case of an equal number of
votes, or a failure to vote, upon either the second, third
or fourth proposition, the proposition in such case shall
be held to l)e answered in the affirmative. If however at
a meeting held as aforesaid the inhabitants of a town shall
fail to vote in favor of applying for and consenting to a
city government, no other meeting for the purpose shall be
held in the same calendar year.

Section 2. The selectmen of a town in which a meet- selectmen to

,,,-, .. , . make return of

ing is held under the provisions oi the preceding section votes to the

shall forthwith make return of the votes cast under the ^^'''■'^'*''^"

several propositions, to the secretary of the Commonwealth.

If it shall appear that a majority of the voters of the town Secretary to

present and voting upon the first proposition have voted cieHiThe" '""^^

to apply for and have consented to a city government, as govennnent.

in said first proposition set forth, then the secretary of the

Commonwealth shall cause a copy of the provisions of the

articles of government, in the form in which they have

been consented to by vote of the town in response to the

second, third and fourth propositions, supplying therein

the name of the town in the proper blanks, to be properly

engrossed and attested and delivered to the town clerk of

said town. The articles of government as so consented to city charter.

and attested shall constitute the powers, privileges and

immunities to be in force and effect for the government

of such town, to the extent and in the manner in said

articles set forth. The secretary of the Commonwealth

shall cause to be printed in one or more newspapers pub-

398

Acts, 1892. — Chap. 377.

Official pub-
lication.

lished in such town, the official notification of the result
of the votes given as aforesaid, and a statement of his
delivery of a copy of the articles of government as con-
sented to in accordance with the aforesaid requirements.
He shall likewise cause a copy of the articles so consented
to to be printed in connection with the acts and resolves
of the general court of the next succeeding year.

Articles of Government.

For the City or_

Name of the
city.

Government
aud general
management
of affairs.

Wards, divi-
sion, etc.

Title I. Municipal Government.
Article 1. The inhabitants of the town of

shall be a body politic and corporate, under the name of

the City of , and as such shall have,

exercise and enjoy all the rights, powers, privileges and
immunities, and shall be subject to all the duties and obli-
gations pertaining to and incumbent upon the said town
as a municipal corporation.

Article 2. The government of the city and the gen-
eral management and control of all the fiscal, prudential
and municipal aflPairs 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 gen-
eral 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.

Article 3. The territory of the city shall first be
divided into six wards, in the manner hereinafter pro-
vided. The number- of wards may, 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
elections, etc.
Form 1.

Title II. Elections and Meetings.

[FORM ONE of Article 4, to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council : — ]

Article 4. All meetings of the qualified voters of
the city for the purpose of voting at elections and for
other municipal or legal purposes shall be called by war-
rants issued by order of the board of aldermen, which
shall be in such form aud be served and returned in such

Acts, 1892. — Chap. 377. 399

manner and at such time as the city council may by ordi-
nance direct.

[FORM TWO of Article 4, to apply if the City Council is to be a
Single Body:—]

Akticlk 4. All meetings of the qualified voters of the Warrants for
city for the purpose of vuting at elections and for other Form°2!'' ''"'"
municipal or legal purposes shall be called by warrants
issued by order of the city council, 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.

Article 5. The municipal election shall take place Annual munici-
annually on the second Tuesday of December, and the p^' «'''^'='^'°"-
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.

Article 6. At the municipal election the qualified officers, etc., to
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 such of them as are to be
elected, and the person receiving the highest number of
votes for any ofiice shall be deemed and declared to be
elected to such office ; and whenever two or more persons
are to be elected to the same ofiice the several persons, up
to the number required to be chosen, receiving the high-
est number of votes, shall be deemed and declared to Ije
elected.

[FORM ONE of Article 7, to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council : — ]

Article 7. If it shall appear that there is no choice vacancies in
of mayor, or if the person elected to that ofiice shall refuse °^*^®' ^^^'^ ^'
to accept the ofiice or shall die before qualifying, 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 war-
rants to be issued for a new election, and the same pro-
ceedings shall be had in all respects as are hereinbefore
provided for the election of mayor ; and such proceedings
shall be repeated until the election of a mayor is com-
pleted. 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 oflSce, the board
of aldermen shall forthwith cause a new election to be

400

Acts, 1892. — Chap. 377.

Vacancies in
ollice. Form 2.

held, as aforesaid, to fill 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 previous to the expira-
tion of his term of office, the city council may, in its dis-
cretion, order a new election to be held as aforesaid to fill
the vacancy.

[FORM TWO of Article 7, to apply if the City Council is to be a
Single Body :— ]

Article 7. If it shall appear that there is no choice
of mayor, or if the person elected to that office shall refuse
to accept the office or shall die before qualifying, 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 city council shall forthwith cause warrants to be issued
for a new election, and the same proceedings shall be had
in all respects as are hereinbefore provided for the elec-
tion of mayor; and such proceedings shall be' repeated
until the election of a mayor is completed. If the full
number of members of the city council then required to be
chosen shall not be elected at the annual municipal elec-
tion, 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 city council shall forthwith cause a
new election to be held, as aforesaid, to fill 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 previous
to the expiration of his term of office, the city council may,
in its discretion, order a new election to be held, as afore-
said, to till the vacancy.

Location of
wardroom.
Form 1.

Location of
wardroom.
Form 2.

[FORM ONE of Article 8, to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council : —J

Article 8. When no convenient wardroom for hold-
ing the meetings of the qualified voters of a ward can be
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 i)e 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.

[FORM two of Article 8, to apply if the City Council is to be a
Single Body :— J

Article 8. When no convenient wardroom for hold-
ing the meetings of the qualified voters of a ward can be

Acts, 1892. — Chap. 377. 401

liacl ^vitllin the territorial limits of such ward, the city
council 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 })urpose the
place so assigned shall be deemed and taken to be a part
of the ward tor which the election is held.

Article i). General meetings of the qualified voters General meet.
of the city may trom 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 theieot shall be called.

Title III.' The City Council.

[FORM ONE of Article 10, to apply if ttie City Council is to be com-
posed of a Board of Aldermen and a Common Council, and the
Aldermen are to be elected for two years : —J

Article 10. The city council shall be composed of city council.
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 be
elected who shall hold ofiice 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 succeed-
ing their election. In the election in the manner aforesaid,
at the first municipal election, of three aldermen for two
years, and also in the election of three aldermen for one
year, and likewise in subsequent municipal elections in
the election of three aldermen for two years, no voter shall
vote for more than two of the candidates for the three
positions respectively. If a voter marks more than two
names for the three positions to be so filled his ballot shall
not be counted for any of such positions. If in any year
of a new division of the city into wards the number of
the wards shall be changed, the terms of office of all the
aldermen shall expire at the end of the municipal year 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

Form 2.

402 Acts, 1892. — Chap. 377.

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 therealter. In every
munici[)al election so held after such new division into
wards, except in voting to fill vacancies, each voter may
vote for a number of aldermen one less than the number
to be elected, and shall vote for no more ; and any ballot
which is marked for a greater number of names than as
above provided shall not be counted in the vote for alder-
men. Three members of the common council shall be
elected annually by the qualified voters of each ward, and
the councilmen so elected shall hold ofiice for the munici-
pal year next succeeding their election. Councilmen may
be elected from the qualified voters of the entire city.

[FORM TWO of Article 10, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council, and
the Aldermen are to be elected for one year: — ]

wlJLT"'"'' Article 10. The city council shall be composed of two

branches, one of which shall be called the board of alder-
men 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 and
shall hold oflSce for the municipal year next succeeding
their election. In the election, in the manner aforesaid,
of six aldermen for the full term of one year, no voter
shall vote for more than four of the candidates for the
six positions. If a voter marks more than four names
for the six positions to be so filled his ballot shall not be
counted for any of such positions. If in any year of a
new division of the city into wards the number of the
wards shall be changed, there shall be elected at the
municipal election occurring in such year, aldermen as
many in number as there are new wards. In every
annual municipal election held after such new division
into wards, each voter may vote for a number of alder-
men two less than the number then to be elected, and
shall vote for no more ; and any ballot wdiich is marked
for a greater number of names than as above provided
shall not be counted in the vote for aldermen. Three
members of the common council shall be elected annuully
by the qualified voters of each ward, and the councilmen
so elected shall hold ofiice for the municipal year next
succeeding their election. Councilmen may be elected
from the qualified voters of the entire city.

Acts, 1892. — Chap. 377. 403

[FORM THREE of Article 10, to apply if the City Council is to
be a Single Body : —J

Article 10. The city council shall be a sinole body, citycouudi.

Form 3.

Three councilmen shall be elected annually by the quali-
fied voters of duch ward, and shall hold office for the
municipal year next succeeding their election. Council-
men may be elected from the qualified voters of the entire
city.

[FORM ONE of Article 11, to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council :— ]

Article 11. The mayor elect and the members elect oaths of office.

. Kurm 1.

of the city council shall, on the first Monday in the Janu-
ary succeeding their election, at twelve o'clock, noon,
assemble together and be sworn to the faithful discharge
of their duties. The oath may be administered to the
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 th«
mayor, or by the city clerk, or by a justice of the peace.
In case of the absence of the mayor elect on the first Mon-
day in January, or if a mayor 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.

[FORM TWO of Article 11, to apply if the City Council is to be a
Single Body :— ]

Article 11. The mayor elect and the members elect por|jj%^^ °®*^^
of the city council shall, on the first Monday in the Janu-
ary succeeding their election, at twelve o'clock, noon,
assemble together and be sworn to the faithful discharge
of their duties. The oath may be administered to the
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.

40i Acts, 1892. — Chap. 377.

In case of the absence of the mayor elect on the first Mon-
day in January, or if a mayor shall be subsequently
elected, the oath of office may at any time thereafter be
administered to him in the i)resence 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 the
city council to a member thereof who was absent on
the first Monday in tianuary or who shall be subsequently
elected. A certificate that the oath of office has been
administered as aforesaid shall be entered in the journal
of the city council.

[FORM ONE of Article 12, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council:—]

Organization of ARTICLE 12. Directly after the oaths of office have

city council.

Form 1. ' been administered, each branch of the city council shall
meet and organize l)y the election by ballot of a president,
and 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 liy 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 faith-
ful 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 proceedings, and
shall perform such further service as such branch may
require. The president of the board of aldermen may be
removed from office by the affirmative votes of two thirds
of all the members of the said board. 'J he city clerk may
be removed by the affirmative votes of two thirds of all
the members of each branch of the city council. 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 tempo-

Acts, 1892. — Chap. 377. 405

rary absence or disability of the city clerk, the niaj^or
may, with the consent of the board of aldermen, ap[)oint
a city clerk pro tempore, who shall be duly sworn. In
case of a vacancy in the office the same shall be tilled 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.

fPORM TWO of Article 12, to apply if the City Council is to be a
Sing-le Body: — ]

Article 12. Directly after the oaths of office have oigaoizationof
been administered, the city council shall meet and organ- F^m^!^"^'
ize by the election by ballot of a president. The eldest
senior member present shall preside, and no other busi-
ness shall be in order until a president has been chosen.
The city council shall likewise 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
be sworn to the faithful discharge of his duties in the
presence of the city council, l)y the president, or by a
justice of the peace. The city clerk shall also be the clerk
of the city council, shall attend its sessions and shall keep
a record of its proceedings, and shall perform such further
service as the city council may require. The president
of the city council and the city clerk may each be removed
from office by the affirmative votes of two thirds of all the
members of the city council. In case of the temporary
absence or disability of the city clerk, the city council
may elect a city clerk pro tempore, who shall be duly
sworn. In case of a vacancy in the office, the same shall
be filled by election of the city council. The city council
may likewise by ordinance provide for the election of a
city messenger.

[FORM ONE of Article 13, to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council : — ]

Article 13. Each branch of the city council shall be Each branch to
the judge of the election and qualifications of its own eiect'iofo'nte
members, shall determine the rules for its own proceed- members, etc.
higs, and may appoint such assistant clerks and other
officers as may be necessary for the proper conduct of its
own business.

[FORM TWO of Article 13, to apply if the City Council is to be a
Single Body :— ]

Article 13. The city council shall be the judge of b^^„j°""of"°
the election and qualifications of its own members, shall election of its

raembers, etc.

406

Acts, 1892. — Chap. 377.

Special meet-
iiiga. Form 1.

Special meet-
iugs. Form 2.

determine the rules for its own proceedings, and may
appoint such assistant clerks and other officers as may be
necessary for the proper conduct of its own business.

[FORM ONE of Article 14, to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council : — j

Article 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.

[FORM TWO of Article 14, to apply if the City Council is to be a
Single Body:—]

Article 14. The mayor may at any time call a special
meeting of the city council, 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 resi-
dence of each member at least twenty-four hours previous
to the time appointed for the meeting, and no other busi-
ness shall be transacted at such special meeting.

[FORM ONE of Article 15, to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council:—]

Article 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
transaction of all business, and, subsequent to the day of
organization, they shall not both act on the same day
upon a matter involving the appropriation or expenditure
of money.

[FORM TWO of Article 15, to apply if the City Council is to be a
Single Body:—]

Article 15. A majority of the whole number of the
members of the city council provided to be elected shall
constitute a quorum for the transaction of business, but a
smaller number may adjourn from time to time.
Salary of mayor. ARTICLE 1(5. The city couucil 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 municipal
year succeeding that in which the ordinance is passed.

Quorum.
Form 1.

Quorum
Form 2.

Acts, 1892. — Chap. 377. 407

[FORM ONE of Article 17, to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council :— J

Akticle 17. The city council may by ordinance pro- Salaries of
vide for the payment of salaries to the members of either Formi"""''
branch of the city council, but no ordinance establishing a
salary, or increasing a salary already established, shall take
eft'ect until the municipal year succeeding that in which the
ordinance is passed.

[FORM TWO of Article 17, to apply if the City Council Is to be a
Single Body ; — ]

Article 17. The city council may by ordinance pro- salaries of
vide for the payment of salaries to its members, but no Fonn*^!""'*
ordinance estal>lishing a salary, or increasing a salary
already established, shall take effect until the municipal
year succeeding that in which the ordinance is passed.

[FORM ONE of Article 18. to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council:—]

Article 18. All votes of the city council making Appropriations
appropriations or loans of money shall be in itemized Fonn l^'
form, and when brought before the city council, on rec-
ommendation 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.

[FORM TWO of Article 18, to apply if the City Council is to be a
Single Body:—]

Article 18. All votes of the city council making Appropriations
appropriations or loans of money shall be in itemized form, porm 2?^*
and when brought before the city council, on recommen-
dation 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 present and voting thereon.

[FORM ONE of Article 19, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council : — ]

Article 19. Either branch of the city council may, private sittings
by special vote, hold private sittings for the considera- Form^?°"""'"'
tion 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.

408

Acts, 1892. — Chap. 377.

Private sittiutts
of city council.
Form 2.

Members of city
council not to
hold olhur
oiJice, etc.
Form 1.

Members of city
council not to
hold other
office, etc.
Form 2.

[FORM TWO of Article 19, to apply if the City Council is to be a
Single Body :— J

Aeticle 19. The city council may, by special vote,
hold private sittings for the consideration of candidates
for election, but all other sittings shall be public, and all
votes on election shall be taken in public.

[FORM ONE of Article 20, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council:—]

Article 20. No member of the city council shall,
during the term for which he is elected, hold any other
oflSce 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.

[FORM TWO of Article 20, to apply if the City Council is to be a
Single Body:—]

Article 20. No member of the city council shall,
during the term for which he is elected, hold any other
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 any commit-
tee thereof.

Employment
of labor, eic.
Form 1.

Employment
of labor, etc.
Form 2.

[FORM ONE of Article 21, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council:—]

Article 21. Neither the city council nor either
branch thereof, nor any committee or member thereof,
shall 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
required 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.

[FORM TWO of Article 21, to apply if the City Council is to be a
Single Body:—]

Article 21. Neither the city council nor any commit-
tee or member thereof, shall directly or indirectly take
part in the employment of labor, the expenditure of
public mone}', the making of contracts, the purchase of
materials or supplies, the construction, alteration or repair

Acrs, 1892. — Chap. 377. 409

of any public works or othei 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 required in providing for the
appointment and removal of subordinate officers and
assistants, and as may be necessary for defraying the
contingent and incidental expenses of the city council.

Article 'i^. The city council shall have power within city ordinances,
said city to make and establish ordinances and to affix p'^"'*""'*' *^"'-
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 ordinances 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 expira-
tion of thirty days from the day of such approval.

[FORM ONE of Article 23, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council : — ]

Article 23. The city council shall, subject always streets, hitih
to the approval of the mayor, have exclusive authority Form i!"^"
and power to order the laying out, locating anew and
discontinuing of, and the making of specific repairs in,
all streets and waj's 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 matters relating to such laying out, locating anew,
altering, discontinuing or repairing, but in all such mat-
ters action shall first be taken by the board of aldermen.
Any person 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
selectmen,

[FORM TWO of Article 23, to apply if the City Council is to be a
Single Body;—]

Article 23. The city council shall, subject always streets, high-
to the approval of the mayor, have exclusive authority Formi!''"
and power to order the laying out, locating anew and
discontinuing of, and the making of specific repairs in,
all streets and ways and all highways within the limits
of the city ; to assess damages sustained thereby by any
person, and, except as herein otherwise provided, to act
in matters relating to such laying out, locating anew, alter-

410

Acts, 1892. — Chap. 377.

Powers and
duties of city
council.
Form 1.

Powers and
duties of city
council.
Form 2.

ing, discontinuing or repairing. Any person 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 selectmen.

[FORM ONE of Article 24, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council :— ]

Article 24. Kxcept as herein otherwise provided,
the city council shall in general have and exercise the
legislative powers of towns and of the inhabitants thereof,
and shall have all the powers and authority given. to city
councils 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 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.

[FORM TWO of Article 24, to apply if the City Council is to be
a Single Body:—]

Article 24. Except as herein otherwise provided,
the city council shall in general have and exercise the
legislative powers of towns and of the inhabitants thereof,
and all the powers, other than executive, given to select-
men of towns, and shall have all the powers and authority
given to city councils and boards of aldermen of cities
under the general laws of the Commonwealth, and shall
be subject to the duties imposed upon them.

Term of office
of mayor.
Form 1.

Term of office
of mayor.
Form 2.

Title IV. The Mayor.

[FORM ONE of Article 25, to apply if the Mayor is to be elected
for tw^o years:—]

Article 25. The mayor shall be elected from the
qualitied 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 office only for
the unexpired term and until his successor is elected and
qualified.

[FORM TWO of Article 25, to apply if the Mayor is to be elected
for one year :— ]

Article 25. The mayor shall be elected from the
qualified voters of the city, and shall hold office for the
municipal year next succeeding his election and until his
successor is elected and qualified, except that when

Acts, 1892. — Chap. 377. 411

elected to till a vacancy he shall hold otEcc only for the
unexpired term and until his successor is elected and
qualified.

Article 26. The mayor ^hall be the chief executive Mayor to be
officer of the city, and the executive powers of the city etc? ^ '

shall be vested in him and be exercised by him, either
personally or through the several officers and boards in
their respective departments under his general supervision
and control.

Akticle 27. The mayor shall communicate to the Powers and

., •! 1 • i* i* 1 1 II 11 duties of mayor.

City council such intormation and shall recommend such
measures 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
secure an honest, efficient and economical conduct of the
executive and administrative business of the city and the
harmonious and concerted action of the ditierent admin-
istrative and executive departments.

[FORM ONE of Article 28, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council : — ]

Article 28. In case of a vacancy in the office of ^j|^^°J7mayor.
mayor, or in case of his death, resignation or absence Form i.
from the Commonwealth, or of his inability from other
cause to perform the duties of his office, the president of
the board of aldermen shall, under the style of acting
mayor, exercise the powers and perform the duties of
mayor, except that he shall not, unless authorized there-
to in a special instance by the city council, make any
permanent appointment or removal from office ; nor shall
he, unless such disability of the mayor has continued at
least 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.

[FORM TWO of Article 28, to apply if the City Council is to be
a Single Body:—]

Article 28. In case of a vacancy in the office of ^fflce°o7mayor.
mayor, or in case of his death, resignation or absence Form 2.
from the Commonwealth, or of his inability from other
cause to perform the duties of his office, the president of
the city council shall, under the style of acting mayor,
exercise the powers and perform the duties of mayor,
except that he shall not, unless authorized thereto in a
special instance by the city council, make any permanent
appointment or removal from office ; nor shall he, unless

412

Acts, 1892. — Chap. 377.

Mayor, appoint-
ment and re-
moval by.
Form 1.

Mayor, appoiut-
meut and re-
moval by.
Form 2.

Official records.
Form 1.

such disability of the mayor has continued at least 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.

[FORM ONE of Article 29, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council:—]

Article 29. The mayor shall appoint, subject to
the confirmation or rejection of the board of aldermen,
all the officers of the city, unless their election or appoint-
ment is herein otherwise provided for. No such appoint-
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 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 inspection.

[FORM TWO of Article 29, to apply if the City Council is to he
a Single Body:—]

Article 29. The mayor shall appoint all the officers
of the city, unless their election or appointment is herein
otherwise provided for, and such power of appointment
shall be absolute and not subject to confirmation. Any
officer so appointed may be removed by the mayor for
such cause as he shall deem sufficient and shall assijrn 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 copj' 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 inspection.

[FORM ONE of Article 30, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council: —]

Article 30. The mayor shall cause to be kept a
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.

Acts, 1892. — Chap. 377. 418

[FORM TWO of Article 30, to apply if the City Council is to be
a Single Body: — ]

Article 30. The mayor shall cause to be kept a official records,
record of all his official acts, and for that purpose and to
aid him in his official duties, he may appoint one or more
clerks, whose number and compensation shall be iixed by
the cily council.

Article 31. The mayor shall, as often as once in Mayor to con-
each month, call together for consultation upon the affairs deparrmtnt*/,
of the city, the heads of departments, who shall whenever '^"'•
called iipon furnish such information relative to their
respective departments as he may request.

Article 32. The mayor shall, in the month of January Estimates.
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
respective 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 appro-
priations for each department or purpose as he shall deem
necessary therefor.

Article 33. No sum appropriated for a specific pur- ExpenditTires
pose shall be expended for any other purpose, and no oMi^abumes''^
expenditure shall be made and no liability incurred by or o°'t"aTa''ppropri.
in behalf of the city until the city council has duly voted '''""n therefor.
an appi'opriation sufficient to meet such expenditure or
liability, together with all prior unpaid liabilities which
are payable therefrom, except that after the expiration of
the financial year and before the making of the regular
annual appropriations, liabilities payable out of a regular
appropriation may be incurred to an amount not exceed-
ing one sixth of the total of the appropriation made for
similar purposes in the preceding year.

Article 34. The mayor shall annually require all Annual state-
boards and officers intrusted with the receipt and expen-
diture of puljlic money and with the care and custody of
public property, to make particular and detailed state-
ments thereof, and shall cause such statements to be pub-
lished for the information of the citizens.

Title V. Administrative Officers.

Article 35. There shall be the following administra- Administrative
tive officers, who shall perform the duties by law pre- °^'=<^''^-

414

Acts, 1892. — Chap. 377.

Adflitional
bocirds.

Consolidation
of boards, etc.

Terms of
office.

scribed for thera respectively, and such further duties,
not inconsistent with the nature of their respective ojSices
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 assess-
ors, consisting of three persons. 6. A board of over-
seers of the poor, consisting of three persons. 7. A
board of health, consisting of three persons. 8. 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 council may from
time to time, subject to the provisions of these articles
and in accordance with general laAvs, if they 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 manage-
ment and control of a public library and 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 law^s to city councils and boards of aldermen.
The city council may likewise from time to time consoli-
date 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 may subsequently diminish the number, may
increase or diminish the number of persons who shall per-
form 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 all the officers above-specified, and, unless
otherwise provided, all those for Avhom 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 qualification. Every admin-

Acts, 1802. — Chap. 377. 415

istrative officer shall, unless sooner removed, hold office
until his successor is appointed and qualified.

AirncLE 36. All administrative officers shall be sworn certificates of
to the faithful discharge of their respective duties, and cer- kelftVa r'^e'cord.
tificates of their oaths shall be made and kept in the office
of the mayor ; and all such l)oards and other officers shall
keep a record of their official transactions, and such record
shall be open to public inspection.

Article 37. The city council may require the city Treasurer, eoi-
treasurer, the city collector, the city auditor, and such gWe"bouds!*°
other officers, whose appointment is provided for in the
preceding articles, as are intrusted with the receipt, care
or disbursement of money, to give bonds, with such
security as it shall deem proper, for the faithful discharge
of their respective duties.

Article 38. The administrative boards and officers Boards and
above-specified in this title, and every administrative oncers, powers,
board and officer hereafter established by the city council
under the provisions of this title, and having the charge
of a department, shall have the power, except as herein
otherwise provided, to appoint and employ and to dis-
charge 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 employed, and of all discharged and removed, and,
in case of discharge and removal, of the grounds therefor.

Article 39. The several administrative boards and May employ

/r- 1 • 1 <> 1 1 11 • I • 1 • woor, make

officers havmg charge oi departments shall, within their contracts, etc.
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 l)uildings and works, have the entire
care, custody and management of all public works, insti-
tutions, buildings and other property, and shall in general
have the immediate direction and control of all executive
and administrative business ; and they shall at all times
1)6 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 required, no
expenditure shall be made or liability incurred for any
purpose beyond the appropriations previously made
therefor.

416

Acts, 1892. — Chap. 377.

Police depart-
ment.

Fire depart-
ment.

Administrative
boards, etc., to
give iuforma-
lion to city
council.
Form 1.

Administrative
lioards, etc., to
give iulormii-
tion to city
council.
Form 2.

City council to

establish

salaries.

School com-
mittee.

Article 40. 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.

Article 41. 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
members of the department by a chief engineer to be
appointed by the mayor.

[FORM ONE of Article 42, to apply if the City Council is to be
composed of a Board of Aldermen and a Common Council : — ]

Article 42. 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.

[FORM TWO of Article 42, to apply if the City Council is to be a
Single Body :— J

Article 42. Every administrative board, through its
chairman, and every officer having charge of a department,
shall, at the request 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 consideration relating to his
department.

Article 43. 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
ordinance is passed.

Title VI. School Committee.

Article 44. The management and control of the
schools of the city shall be vested in a school committee,

Acts, 1892. — Chap. 377. 417

consist ino; of meinbers :it lar<i::e and nienibors from wards.
At the first munici[)al election held under these articles
three members at large of the school committee, who shall
he inhabitants 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 Janu-
ary 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 iMonday in the Janu-
ary next ensuing, in place of the member at large whose
term then expires. At the first election so held, six mem-
bers from wards, of the school committee, one being an
inhabitant of each ward, shall be elected by the qualified
voters of the entire city. 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
election, by the selectmen of the town. At each subse-
quent annual municipal election the qualified voters of the
city shall elect two members from wards, of the school
committee, inhabitants of the same wards from which the
members whose terms of ofiice 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 of the school
committee from wards shall expire at the end of the mu-
nicipal year in which such division is made ; and at the
municipal election occurring in such year members from
wards, as many in nnmber 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.

[FORM ONE of Article 45, to apply if the City Council is to be com-
posed of a Board of Aldermen and a Common Council : — ]

Article 45. In case of a vacancy in the office of a vacancies in
member of the school committee, the mayor shall call a nint°e.''°™"
joint convention of the board of aldermen and of the school For^i-
committee, at which the president of the board of alder-

418

Acts, 1892. — Chap. 377.

Vacancies in
school com-
mittee.
Form 2.

Meeting of
■sciiool com-
mittee to elect
chairman, etc.

Quorum.

Superintendent
of schools.

Additional
powers of
school com-
mittee.

men 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 w^arrant
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.

[FORM TWO of Article 45, to apply if the City Council is to be a
Single Body:—]

Article 45. In case of a vacancy in the office of a
member of the school committee, the mayor shall call a
joint convention of the city council and of the school com-
mittee, at which the president of the city council 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 mem])er 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.

Article 46. The school committee shall meet on the
first Monday in January in each year, and organize by the
election by ballot of one of its members as chairman and
by 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 consti-
tute a quorum for the transaction of business, but a smaller
number may adjourn from time to time.

Article 47. The school committee may elect a super-
intendent of schools, and may appoint 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.

Article 48. The school committee, in addition to the
exercise of the powers and the discharge of the duties
imposed l)y law upon school committees, shall, subject to
the approval of the mayor, have full power and authority

Acts, 1892. — Chap. 377. 419

to select and piuvliasc lands for school i)urposes, to deter-
mine the plans of all school buildings to be erected, to
order all additions, alterations and repairs to school build-
ings, and to i)rovide, when necessary, tem[)orary accom-
modations for school purposes.

Article 49. The school committee shall, in the month f.'h^orexpenLs.
of January in each year, submit to the mayor an estimate
in 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.

Akticle 50. Unless thereto required by law, the Expenditure
school committee shall cause no liability to be incurred regular appro-
and no expenditure to be made for any purpose beyond p"*''°°'*^'°"
the specific api)ropriation 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
appropriations, liabilities payable out of a regular appro-
pi'iation may be incurred to an amount not exceeding one
sixth of the total of the appropriation made for similar
purposes in the preceding year.

Article 51. All orders, resolutions and votes of Esp^jJ^^'^yfj^^o
the school committee, which involve the expenditure of mayor.
money, shall be presented to the mayor for his approval,
and thereupon the same proceedings shall be had as are
provided by law in relation to similar orders, resolutions
and votes of a city council.

Article 52. The city council may determine that salaries.
salaries shall be paid to the members of the school com-
mittee, may fix the amount thereof, and may change the
same from time to time.

Article 53. The removal of a member of the school ^a"°not ^5*"^
committee from the ward for which he was elected, to disqualify.
another ward of the city, shall not disqualify him from
discharo-ino; the duties of his office for the remainder of
the term for which he was elected.

Title VII. Miscellaneous Provisions.

Article 54. The general laws relating to the munici- ^e"tednesJ°"
pal indebtedness of cities, the o:eneral laws requiring the vetopower'of

the mayor.

approval of the mayor to the doings of a city council or of appointmeut to
either branch thereof, and relative to the exercise of the
veto power by the mayor of a city, and the provisions of

420

Acts, 1892. — Chap. 377.

Town officers
to coiiliuiie iu
office until new
organizatiou.

Suits, prosecu-
tions, etc.

Trust funds.

Wards.

Municipal elec-
tion, polling
places, etc.

chapter three hundred and twenty of the acts of the year
eighteen hundred and eiirhty-four, being an act to improve
the civil service of the Commonwealth and the cities
thereof, and all acts in amendment thereto, shall have full
force, application and eflect in said city.

Article 55. All persons holding office in said town
at the time when these articles take eftect and become of
force therein, as herein provided, shall continue to hold
such offices until the organization of the city government
hereby authorized shall be effected, and until their respec-
tive successors shall be chosen and qu;ilitied.

Article 56. ISo suits, prosecutions or other legal
proceedings in which said town is a party, pending at
the time when these articles take 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 these articles, and all
by-laws of said town shall continue in force until repealed
or superseded by ordinance.

Article 57. Trust funds given to or held by said
town shall continue to be held and administered by the
city council of the city, and trust funds given to or held
by the selectmen or other designated officers of the town
shall continue to l)e held and administered by the mayor
or by other officers of the said city having powers corre-
sponding to those of the officers who formerly held and
administered such funds.

Article 58. Upon the taking effect of these articles,
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 may be con-
sistent with well defined limits to each, equal numbers of
voters, and tliey 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, provide, 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 officers 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

Acts, 1892. — Chap. 378. 421

sucli election ; and the town clerk shall perform the duties
therein assiirned to a city clerk. The registrars of voters List of voters
shall cause^o be prepared and published, according to '° ^' p"'^"'**^'-'''-
law, lists of the qualitied voters in each of the wards
established by the selectmen.

Article 59. The selectmen shall notify of their elec- Nouflcation of
tion the persons elected .'it the first election under these ''''^''"°°-
articles, and shall provide and appoint a place for the first
asseml)ling 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 provisions of
these articles, which shall then have full force and efiect.
The selectmen shall, in like manner, provide and appoint Place and hour
a place and hour for the first meeting of the school com- of school
mittee on the day aforesaid, and shall notify the members ^°"^'"'"''^-
elect thereof. Nothing herein shall aftect the annual
meeting in said town which may be held next after the
taking efiect of these articles for the election of national,
state, district and county officers.

Approved Jane 15, 1892.

An Act relating to pensioning members of the police de- nT^rjY) ^7S

PARTMENT OF CITIES CONTAINING NOT LESS THAN SEVENTY-FIVE ^'

THOUSAND INHABITANTS.

Be it enacted, etc., as folloios :

Section 1. The board of mayor and aldermen of any Pensioning
city, except the city of P)Oston, containing not less than po^l^e'depart.
seventy-five thousand inhabitants by the last state or "'^°'-
national census, may retire from active service and place
upon a pension roll : — First. Any member of the police
department of such city who has arrived at the age of
sixty-five years and who has ])erformed faithful service
in said department for a period not less than fifteen years.
Second. Any member of said department who shall be
certified to said board in writing by the city physician
of such city as being permanently incapacitated, either
mentally or physically, by injuries sustained through no
fault of his in the actual performance of duty, from
further performing duty as such member. Third. Any
member of said department who has performed faithful

422 Acts, 1892. — Chaps. 379, 380.

service therein for a period not less than twenty years,
if, in the judgment of said board, said member is incapac-
itated for useful service in said department.
Amount of Section 2. The amount of the annual pension allowed

annual pension. -iii ,.(,-,.

to any person retired under the provisions or this act shall
not exceed one half of the annual compensation received
by him at the time of such retirement, in case such person
is retired on account of injuries received, and shall not
exceed one third of such compensation in case such per-
son is retired on account of age or service, the same to
be paid by the city.
fo?paTmen\°"of ^ECTiON 3. Citics Avithin the provisions of this act
pensions. gj-e hereby authorized to appropriate money to provide

for the payment of the pensions authorized by this act.
bycu/councl SECTION 4. This act shall take eftect upon its accept-
ance by the city council of any city coming within its
provisions. Apjyroved June 15, 1892.

ChCtV.SlO ^^ ^^^ ^^ AMEND AN ACT IMPOSING A TAX ON COLLATERAL

LEGACIES AND SUCCESSIONS.

Be it enacted, etc., as foUoivs :
1891,425. §12, Section 1. Section twelve of chapter four hundred

amended. r- n ^ i' i -i

and twenty-hve ot the acts ot the year eighteen hundred
and ninety-one is hereby amended in the sixth line there-
of, by striking out the word " by ", and substituting there-
for the word : — to, — and by striking out the word " to ",
and substituting therefor the word : — by, — so as to read
Tax to be as follows : — SectiOH 12. AVhenever, for any reason,

the devisee, legatee or heir, who has paid any such tax,
afterwards refunds any portion of the property on which
it was paid, or it is judicially determined that the whole
or any part of such tax ought not to have been paid, said
tax, or the due proportional part of said tax, shall be paid
back to him by the executor, administrator or trustee.
Section 2. This act shall take effect upon its passage.

Approved June 15, 1892.

ChCiP.SSO ^'^ ^^'^ "^^ ESTABLISH THE SALARY OF THE REPORTER OF DECI-
SIONS OF THE SUPREME JUDICIAL COURT, AND TO PROVIDE CLERK
HIRE AND INCIDENTAL EXPENSES.

Be it enacted, etc., as foUoivs :
Salary clerk SECTION 1. The reporter of decisions of the supreme

hue and luci- . . . , i i • /• r^

dental expenses, judicial court shall rcccivc from the treasur}^ of the Com-
monwealth a salary of four thousand dollars a year, in

Acts, 1892. — Chaps. 381, 382. 423

equal nionthl}' instalments, and in the same proportion for

any part of a 3'ear, and an additional sum of two thousand

dollars a year for clerk hire and for the incidental expenses

of his office, which sums shall be in full compensation for

his services and for such clerk hire and incidental expenses.

All sums of money received by said reporter for copies of be p^aldTnto'' *°

opinions, rescripts and other papers, shall be paid by him, theuea&ury.

quarterly, into the treasury of thc/Commonwealth, with a

detailed statement of the same.

Section 2. Section four of chapter four hundred and Repeal.
seventy-one of the acts of the year eighteen hundred and
eighty-nine is hereby repealed.

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

Approved Jane 15^ 1892.

An Act to authorize the town of bridgewater to lay out nh(ir) Qfti

A HIGHWAY OVER A PORTION OF THE LAND OF THE BRIDGEWATER
NORMAL SCHOOL.

Be it enacted, etc., as follows:

Section 1. The town of Bridgewater may lay out and Highway may

~ J J be constructeu

construct a town way^ or highway along the westerly side over land of the
of the lands of the state normal school in said tow^n, and normal school.
the Commonwealth hereby relinquishes to said town of
Bridgewater, for said purpose, the right of way over a
strip of land fifteen feet wide and one hundred and fifty
feet in length on the westerly side of Normal Grove, so-
called, and over a strip of land fifteen feet in width and
three hundred and twenty feet in length on the westerly
side of the lot of land used for sewage purposes, notwith-
standing the |)rovisions of section fifteen of chapter fifty-
four of the Public Statutes.

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

Approved June 15, 1892.

An Act relating to the duties and compensation of expert
assistants appointed by the state board of arbitration
and conciliation.

Be it enacted, etc., as follows :

Section 1. In all controversies between an employer Expert as-
and his employees in which application is made to the appointed.'
state board of arbitration and conciliation, as provided by
section four of chapter two hundred and sixty-three of the
acts of the year eighteen hundred and eighty-six as

Chap.d82

421

Acts, 1892. — Chap. 383.

Powers and
duties.

ConopeusatioD.

amended by section three of chapter two hundred and
sixty-nine of the acts of the year eighteen hundred and
eighty-seven, and by section one of chapter three hundred
and eighty-tive of the acts of the year eighteen hundred
and ninety, said board shall appoint a tit person to act in
the case as expert assistant to the board. Said expert
assistants shall attend the sessions of said board when
required, and no conclusion shall be announced as a deci-
sion of said board, in any case where such assistants have
acted, until after notice given to them, by mail or other-
w^ise, appointing a time and place for a iinal conference
between said board and expert assistant on the matters
included in the proposed decision. Said expert assistants
shall be privileged to sulimit to the })oard, at any time
before a final decision shall be determined upon and pub-
lished, any facts, advice, arguments or suggestions which
they may deem applicable to the case. They shall be
sworn to the faithful discharge of their duties by any
member of said board, and a record thereof shall be pre-
served with the record of the proceedings in the casf.
They shall be entitled to receive for their services from the
treasury of the Commonwealth the sum of seven dollars
for each day of actual service, together with all their nec-
essary travelling expenses.

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

Appi'oved June 15, 1892.

C'7/flI>.383 -^^ ^^^ '^'^ AUTHOIUZE THE CENTRAL MASSACHUSETTS RAILROAD

COMPANY TO ISSUE BONDS.

Bondn may be
issued not to
exceed $500,000.

Be it enacted, etc., asfoUoics:

Section 1. The Central Massachusetts Eailroad Com-
pany, for the purpose of paying for permanent additions
and improvements upon its railroad and its furniture and
equipment, made pursuant to its lease to the Boston and
Lowell Kailroad Corporation, dat<'d the seventh day of
December in the year eighteen hundred and eighty- six, is
hereby authorized, subject to the provisions of chapter
one hundred and twelve of the Public Statutes and of any
acts in amendment thereof, to issue bonds to an amount
not exceeding at the par value thereof the sum of five hun-
dred thousand dollars

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

Approved June 15, 1892.

Acts, 1892. — Chap. 384. 425

An Act to authorize the city of chicopee to introduce a (7^c//>.384

PUBLIC water supply.

Be it enacted^ etc., as follows:

Section 1. The city of Chicopee, for the purpose oi 1^^^^^^!^ ^^^
sup])lvino; the said city and the inhabitants thereof with supply useif

^"■'I I J ^ J^ _ _ /• 1 • with water.

pure water for the extmguishment ot tires, tor domestic
and other purposes, after the purchase of the franchise,
corporate property, rights and privileges of the Chicopee
Water Compan}^ as provided in section eight of chapter
one hundred and three of the act-^ of the year eighteen
hundred and seventy-seven, may take, hold and convey May take the
into and through said city, the waters of Fuller brook, tIin'^b?o°ok8?'
Cooley brook, Morton brook and Schoolhouse brook, so-
called, and an}^ tributaries of any of said brooks; and
may also take and hold by purchase or otherwise any
land, rights of way, easements and real estate necessary
for laying, constructing and maintaining pipes, aqueducts,
water courses, reservoirs, storage basins, dams, filter gal-
leries and such other works as may be deemed necessary
for collecting, purifying, storing, retaining, discharging,
conducting and distributing said waters, or for preserving
the purity of said waters : provided, however, that any Proviso.
lands taken for preserving said waters or water supply
shall not be more than one thousand feet distant from the
same.

Section 2. Said city shall, within sixty days after Description of
taking any lands, rights of way, water rights, water etc.,*to'be '
sources or easements aforesaid, otherwise than by pur- reg?Hi1-y'of"
chase, for the purposes of this act, file and cause to be '^'-'^'^^•
recorded in the registry of deeds for the county of Hamj)-
den a description thereof sufficiently accurate for identifi-
cation, with a statement of the purposes for which the
same were taken, which statement shall be signed by the
mayor.

Section 3. Said city, for the purposes aforesaid, may May construct

, . 1 , 1 • i • J.1 and maintain

construct aqueducts and maintam the same ; may con- dams
struct and maintain dams, reservoirs, storage basins, filter
galleries and other proper works ; may erect buildings
and machinery ; may make and establish such public foun-
tains and hydrants as may from time to time be deemed
proper, and may change or discontinue the same ; may
regulate the use of water and establish the rates to be
paid therefor, and collect the same by process of law.

42(3

Acts, 1892. — Chap. 384.

Liability for
damages.

Filing of peti-
tion for dam-
ages.

Dissatisfaction
with damages
awarded.

Said city may also, for the purposes aforesaid, carry any
pipe, drain or aqueduct over or under any river, water
course, street, railroad, public way, highway or other
way, in such manner as not unnecessarily to obstruct the
same, and may enter upon and dig up such road, street
or way, for the purpose of laying down, maintaining or
repairing any pipe, drain or aqueduct, and may do any
other thing necessary and proper in executing the pur-
poses of this act.

Section 4. Said city shall be liable to pay all dam-
ages sustained by any persons or corporations by the
taking of or injury to any of their land, water, water
rights, rights of way, easements or property, or by the
constructing or repairing of any aqueduct, reservoir or
other works for the purposes aforesaid. If any person
sustaining damages as aforesaid does not ao:ree with said
city upon the amount of said damages, he may, within two
years from such taking and not afterwards, appl}^ by peti-
tion for an assessment of the damages to the superior
court in the county of Hampden. Such petition may
be filed in the clerk's office of said court in vacation or at
any sitting, and the clerk shall thereupon issue a summons
to the said city, returnable, if issued in vacation, at the
next sitting of the court to be held alter the exjnration of
fourteen days from the filing of the petition, and if at any
sitting, returnable on such day as the court shall order,
to appear and answer to the petition. The summons
shall be served fourteen days at least before the sitting or
day at which it is returnable, l)y leaving a copy thereof
and of the petition, certified by the officer who serves the
same, with the clerk of said city ; and the court may,
upon default or hearing given to said city, appoint three
disinterested persons, who shall after reasonable notice to
the parties, assess the damages, if any, which such peti-
tioner may have sustained as aforesaid ; and the award of
the persons so appointed, or a major part of them, being
returned into and accepted by the court, shall be final,
and judgment shall be rendered and execution issued
thereon for the prevailing party with costs, unless one of
the parties claims a trial by jury as hereinafter provided.

Section 5. If either of the parties mentioned in the
preceding section is dissatisfied with the amount of dam-
ages awarded as therein expressed, such party may, at
the sitting at which such award was accepted or the next

Acts, 1802. — Chap. 384. 427

sitting thereafter, claim in writing a trial in said court,
and have a jury to hear and determine at the bar of said
court all questions of fact relating to such damages, and
to assess the amount thereof; and the verdict of the jury,
being accepted and recorded by the court, shall be final
and conclusive, and judgment shall be rendered and exe-
cution issued thereon, and costs shall be recovered by the
parties, respectively, in the same manner as is provided
by hiw in regard to proceedings relating to the laying out
of highways.

Section 6. No ap]ilication shall be made to the court ^? daJ^,'igeJ°o
for the assessment of damaires for the taking of any water be made until

«- o »^ water IS ttiKcn*

rights, or for any injury thereto, until the water is actu-
ally withdrawn or diverted by said city, under the author-
ity of this act.

Section 7. In every case of a petition to the superior Petition for an

(, ^ i' 1 • 1 1 • j_i • assessment.

court tor an assessment ot damages, as provided in this
act, the city may tender to the complainant or his attorney
any sum, or may bring the same into court to be paid to
the complainant for the damages by him sustained or
claimed in his petition, or may in writing offer to be
defaulted and that damages may be awarded against it for
the sum therein expressed; and if the complainant does costs, etc.
not accept such sum with his costs up to that time, but
proceeds in his suit, he shall be entitled to his costs up to
the time of the tender of such payment into court or offer
of award, and not afterwards, unless the complainant
recovers g-reater damages than were so offered.

Section 8. For the purpose of defraying the cost of ^'*y ?4ue notet*!
such property, laud, easements, water and water rights bonds^etc.uut
as may be purchased, taken or held for the purposes afore- $300,000.
said, and of constructing the works authorized by this act
and paying all expenses incident thereto, the city of Chic-
opee shall have the authority to issue notes, scrip or bonds
to be denominated on the face thereof, Chicopee Public
Water Supply Loan, to an amount not exceeding three
hundred thousand dollars, bearing interest not exceeding
five per centum per annum, payable semi-annuall}^ the
principal to be payable at periods of not more than thirty
years from the issuing of such notes, scrip or bonds
respectively. Said city may sell the same or any part
thereof from time to time, or pledge the same for money
borrowed for the above purposes ; but the same shall not
be paid, sold or pledged for less than the par value thereof.

428

Acts, 1892. — Chap. 384.

Interest, sink-
ing fund, etc.

Annual pro-
portionate
payments.

Board of cora-
Kiissioners to
be appointed.

Vacancies.

Said city shall pay the interest as it accrues on said loan,
and shall establish a sinkino; fund and shall contribute
thereto annually a sum sufficient with its accumulations
to pay the principal of said loan at maturity ; and said
sinking fund shall remain inviolate and pledged to the
payment of said principal and shall be used for no other
purpose. The jtrovisions of sections ten and eleven of
chapter twenty-nine of the Public Statutes shall, so far
as applicable, apply to said sinking fund.

Section 9. The said city of Chicopee, instead of
establishing a sinking fund, may at the time of authoriz-
ing said loan provide for the {)ayment thereof in such
annual proportionate payments as will extinguish the same
within the time prescribed by this act ; and when such
vote has been passed by the city council and approved
by the mayor of said city, the amount required thereby
shall without further vote be assessed by the assessors of
said city in each year thereafter until the del)t 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 10. A board consisting of three commis-
sioners, who shall be citizens of said city, shall be appointed
by the mayor as soon as practicable after this act shall have
been accepted by the citizens of said city, as hereinafter
provided; they shall hold their offices lespectively until
the expiration of one, two and three years from the first
IVIonday of February next preceding their appointment
and until their respective successors have been appointed
and qualified, unless they shall sooner resign or be removed
for cause, as hereinafter provided : and thereafter in Jan-
uary in each succeeding municipal year one person shall
be so appointed a member of said board, who shall hold
office for three years from the first Monday of the Feb-
ruary next ensuing and until his successor has been
appointed and qualified, unless his duties are sooner
terminated, as hereinafter provided. Appointments to
fill vacancies which may occur by death, resignation or
otherwise shall be made without delay by the mayor ;
and he may remove any water commissioner from office
for any cause which he shall in his official discretion deem
sufficient, which cause he shall assign in his order of
removal Such office shall become and be vacant upon
the filing with the city clerk of such order of removal

Acts, 1892. — Chap. 38i. 429

and tlic service of a copy thereof upon the officer so
removed, either personally or by leaving the same at his
hist or usual place of residence. The city clerk shall
keep such order of removal on file for public inspection.
Said commissioners shall have such office room and cleri-
cal assistance, and shall receive such compensation, as
the city council from time to time may determine.

Section 11. The said commissioners shall superintend Powers, duties,

. . , . ' . etc., of cotn-

and direct the construction, execution and performance ot missionerB.
all the works, matters and thi^igs mentioned in the preced-
ing sections. They shall be subject to such ordinances,
rules and regulations in the execution of such duties as the
city council may from time to time ordain and establish,
not inconsistent with the provisions of this act and the
laws of this Commonwealth. They shall make all con-
tracts for the above purposes in the name and behalf of
the city, but no contract shall be made by them which
involves the expenditure of money not already appropri-
ated for the purpose by the city council of said Chicopee.
A majority of said commissioners shall be a quorum for Quorum.
the exercise of the powers and the' performance of the
duties of the commission.

Section 12. The owner of any tenement shall be use of water.
liable for the payment of the rent for the use of the
w^ater in such tenement, to be collected in an action of
contract in the name of the city of Chicopee.

Section 13. Whoever wantonly or malicidusly diverts corruption of
the water, or any part thereof, taken or held by said city ^"^®'''®'^-
pursuant to the provisions of this act, or corrupts the
same, or renders it impure, or destroys or injures any
dam, aqueduct, pipe, conduit, hydrant, machinery or
other works or property held, owned or used by said
city under the authority and for the purposes of this act,
shall forfeit and pay to said city three times the amount
of the damages assessed therefor, to be recovered in an
action of tort ; and on conviction of either of the wanton Penalty.
or malicious acts aforesaid may also be punished by fine
not exceeding three hundred dollars or by imprisonment
not exceeding one year in the house of correction.

Section 14. This act shall be submitted to the quali- 'r?,!^°?^;.

/»i c ^ ' c ^ ^ • ' ' mttted to the

fied voters of the city of Chicopee for its acceptance, and quaiitied voters.
shall be void unless such voters, voting in their respective
wards or precincts at a legal meeting called by order of
the city council in the same manner as meetings for munic-

430 Acts, 1892. — Chap. 385.

ipal elections are called, shall within three years from
the passage of this act determine by ballot, by a two
thirds vote of those present and voting, to accept the
same,
^ect" *° '''''^ Sectiox 15. So much of this act as authorizes the
submission of the question of its acceptance to the legal
voters of said city shall take efl'ect upon its passage, but
it shall not take further effect unless and until accepted,
as hereinbefore provided, by the qualified voters of said
city, and the number of meetings called for the purpose of
its acceptance shall not exceed three in any one year.

A2}2>roved Jxaie 15, 1892.

Chav.3S5 ^^ ^^^ making appropriations for additional cell room for

THE MASSACHUSETTS REFORMATORY AND FOR CERTAIN OTHER
EXPENSES AUTHORIZED BY LAW.

Be it enacted, etc., as follows:

Appropriations. SECTION 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the purpose of
providing additional cell room at the Massachusetts re-
formatory, and for certain other expenses authorized
by law, to wit : —

Maintenance of -pj^g reimbursement of expenses incurred by certain

iDsaue. ^ . . „

towns in the maintenance of the insane, as provided for
in chapter two hundred and forty-three of the acts of the
present year, shall be paid from the appropriation for the
support of state lunatic paupers.
identiflcation of j^^j^. expenscs in connection with the identification of

criminals. . . . '■ i- iiiiii

criminals, a sum not exceedmg two hundred dollars, as
authorized by chapter three hundred and thirteen of the
acts of the present year.
Department of Yov sahirics and expenses in the department of outdoor

ouldoor poor. -«- v .. ^ I ^ ^

poor, made necessary to carry out the provisions oi the
act to provide for the licensing and regulating of board-
ing houses for infants, being chapter three hundred and
eighteen of the acts of the present year, a sum not exceed-
ino; one thousand dollars, the same to be in addition
to the twenty thousand dollars appropriated by chapter
fourteen of the acts of the present year.
Salary district Yor the salai'v of the district attorney for the southern

attorney, south- ,. . '' , , . . i i i i /> i- i i

ern district. district, a suui iiot excccding two hundred and nrty dol-
lars, as authorized by chapter three hundred and nineteen
of the acts of the present year, being in addition to the

Acts, 1892. — Chap. 385. 431

eighteen hundred dollars appropriated by chapter two of
the acts of the present year.

For the salary and travellino- expenses of the chief ^i^'efj"''.t'ce

*' *zj L Qj superior

justice of the superior court, the sum of five hundred dol- court.
lars, as authorized by chapter three hundred and twenty-
eight of the acts of the present year, being in addition to
the six thousand dollars appropriated by chapter two of
the acts of the present year.

For the salaries and travelling expenses of the fifteen Associate
associate justices of the superior court, a sum not exceed- iupedor°court.
ing sevent\-one hundred dollars, as authorized by chapter
three hundred and twenty-eight of the acts of the present
year, being in addition to the seventy-one thousand and
five hundred dollars appropriated by chapter two of the
acts of the present year.

For the support and relief of state paupers in state state hmatic
lunatic hospitals and asylums of the Commonwealth, and a^y'"™^, etc.
of state lunatic paupers boarded out in families, a sum
not exceeding ten thousand dollars, being in addition to
the one hundred and sixty thousand dollars appropriated
by chapter fourteen of the acts of the present year.

For the transportation of state paupers, a sum not Transportation
exceeding two thousand dollars, being in addition to the ° ^aepaupeis.
sixteen thousand dollars appropriated by chapter fourteen
of the acts of the present year.

For such expenses as the treasurer and receiver general Treasurer and
may find necessary to carry out the provisions of chapter erai.
four hundred and twenty-five of the acts of the year
eighteen hundred and ninety-one, being an act imposing
a tax on collateral legacies and successions, a sum not
exceeding five hundred dollars.

For the salary of the commissioner of public records, commissioner
the sum of fourteen hundred and fifty-eight dollars and records'.'"
thirty-four cents, and for travelling, clerical and other
expenses necessary in the performance of his duties, a
sum not exceeding twenty-five hundred dollars, as author-
ized .by chapter three hundred and thirty-three of the acts
of the present year, being in addition to appropriations
made the present year for the salary and expenses of the
commissioner of public records of parishes, towns and
counties.

For expenses in connection with an examination by the Expenses of
board of commissioners of savinos banks of the laws relat- ^?"™H*fi°°^'''
mg to banks and banking, a sum not exceeding five ^^^^^-

432 Acts, 1892. — Chap. 386.

luindred dollars, as authorized by chapter seventy-two
of the resolves of the present year.
andTJdusfrki'i"^ ^^^' ^ Continuation of the investiojation into the subject
educaiiou. of mauual training and industrial education, the sum of
one thousand dollars, as authorized by chapter seventy-
three of the resolves of the present year.
memrTiemoD, For providing for an appropriate representation of the
New Jersey. soldicrs of the Massachusctts continental line, on the bat-
tle monument now being erected at Trenton, in the state
of jVew Jersey, the sum of twenty-five hundred dollars,
as authorized by chapter seventy-four of the resolves of
the present year.
Library at For the purchase of books for the library at the Massa-

reformaiory. cliusetts reformatory, a sum not exceeding five hundred
dollars, as authorized by chapter seventy-six of the
resolves of the present year.
Ceiiroora, YoY providino; additional cell room at the Massachusetts

MassachuBetts 1 O

reformatory. reformator}^ a sum not exceeding seventy-five thousand
dolhirs, as authorized by chapter seventy-eight of the
resolves of the present year.

World's coium- Yov a propcr representation at the opening ceremonies

biauexposuiou. . i, y-i i i • • • i i i T • /->ii •

01 the worlds Columbian exposition to beheld m Chicago,
in the state of Illinois, a sum not exceeding twelve
thousand dollars, as authorized by chapter seventy-nine
of the resolves of the present year.

stiiiman w. For the iiavment of expenses in connection with the

disappearance and funeral of the late Stiiiman W. Edgell,
a sum not exceeding six hundred dollars, as authorized
by chapter eighty of the resolves of the present year.

Harry w. For HaiTV W. Wclcli of Caml)ridge, the sum of two

Welcli o '

hundred dollars, as authorized by chapter eighty-one of
the resolves of the present year.

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

Approved June 15, 1892.

Chan 38G ^^ ^^^ ^^ authorize the city of MARLBOROUGH TO ACQUIRE
■^' AN ADDITIONAL WATER SUPPLY.

Be it enacted, etc., as follows:
Additional SECTION 1. The citv of Marlboi'ough, for the purpose

T\'ntpr ftiitinlv- ^ ^ /» ■■ rt » t /» •

of providing a further supply of water for the use of said
city and its inhabitants, as authorized by section one of
chapter one hundred and ninety-one of the acts of the
year eighteen hundred and eighty and acts in amendment
thereof and supplementary thereto, may from time to

water supply.

Acts, 1892. — Chap. 386. 433

time take and hold by purchase or otherwise, and convey May take water
to any and all parts of said city, the waters of Millham brook, et'™
brook in said Marlborough, and the waters of any and
all streams, springs and water sources within the water-
shed of said ^lillham brook and its tributaries and con-
fluents, and all water rights connected therewith ; and
may take, hold and convey as aforesaid, the waters of
Fort ]Meadow reservoir lying chiefly in said Marlborough
and partly in the town of Hudson, and all rights of flow-
age appurtenant to the same, and the waters of any and
all streams, springs and water sources within the water-
shed of said reservoir and its tributaries and the waters of
any and all efliuents of said reservoir, and all water rights
connected with the same ; and may take and hold as
aforesaid any and all lands, property, rights of way and
easements that may be necessar}' for holding, storing,
convej'ing and distributing and preserving the purity of
any and all said waters as aforesaid, and for effectually
carrj'ing out the objects of this act ; and may erect on Damg, ma-
any lands so taken proper dams, reservoirs, storage '^ ^^^^y'*"^"^-
basins, fixtures, structures, machinery and apparatus,
may make such excavations and embankments and provide
such other means as may be necessary or advisable for
said purposes ; and ma}^ construct and lay down such con-
duits, canals, pipes or other works, under, through or
over any lands, water courses, railroads and public and
private ways in said Marlborough as may be necessary or
advisable for said purposes ; and for all proper purposes
of this act may dig up any such lands and any such pul)lic
way in such manner as to cause the least hindrance to pub-
lic travel.

Section 2. The city shall, within ninety days after Takiugof
the taking of any lands, rights of way, water rights, water bTrecorded."
sources or easements as aforesaid, otherwise than by pur-
chase, file and cause to be recorded in the registry of
deeds for the county Avithin which such lacds or other
property is situated, a description thereof sufficiently
accurate for identification, with a statement of the pur-
pose for which the same were taken, signed by the water
commissioners of said city.

Section 3. The city shall pay all damages sustained Damages.
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 city under

434

Acts, 1892. — Chap. 386.

, Application for
daraagee not to
be made until
water is with-
drawn.

Specified eiim
may be awarded
as damages.

May borrow
imoney, etc.,
not to exceed
4150,000.

Marlborough
Water Loan.

the authority of this act. Any person or corporation sus-
taining damages as aforesaid under this act, who fails to
agree with said city as to the amount of damages sustained,
may have the damages assessed and determined in the man-
ner provided by hiw 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 prop-
erty or the doing of other injury under the authority of
this act ; but no such application shall be made after the
expiration of said three years. No applicatiou for the
assessment of damages shall be made for the taking of any
water, water right, or for any injury thereto, until the
water is actually withdrawn or diverted by said city under
the authority of this act.

Section 4. In every case of an application for the
assessment of damages, or for an injury, the said city may
offer in court and consent in writing that a sum therein
specified may be awarded as damages to the complainant ;
and if the complainant shall not accept the same within
ten days after he has received notice of such offer, and
shall not finally recover a greater sum than the sum
offered, 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 com-
])Iainaut, if he recovers damages, shall be allowed his costs
only to the date of the offer.

Section 5. The said city may, for the purpose of pay-
ing the necessary expenses and liabilities incurred under
the provisions of this act, borrow money from time to
time, and issue therefor negotiable bonds, notes and scrip
to an amount not exceeding in the aggregate one hundie I
and fifty thousand dollars ; such bonds, notes or scrip shall
be signed by the treasurer of said city and countersigned
by the mayor and shall be denominated on the face thereof,
Marlborough Water Loan, Act of 1892, shall be payable
at the expiration of periods not exceeding thirty years
from the date of issue and bear such rate of interest not
exceeding six per cent, as the city council of said city may
determine. The said city may sell such securities at pub-
lic or private sale, or pledge the same for not less than the
par value thereof, for money borrowed for the purposes
aforesaid, upon such terms and conditions as it may deem
proper, and may make payable annually a fixed proportion
of the principal of said bonds, notes or scrip ; and said city

Acts, 1802. — Chap. 387. 435

shall annually raise by taxation the amount required to
meet such interest and the j^roportion of the |)rincipal pay-
able annually. The 8inkin<r funds of any loan of said city sinkingfund.
may l)e invested in said bonds, notes or scrip.

Section 6. Whoever wilfully or wantonly corrupts, ^yilful corrup.
pollutes or diverts any of the waters taken or held under Injury to '^^*^''
this act, or injures any structure, work or other property, P'opei'y.etc.
owned, held or used by said city under the authority and
for the purposes of this act, or burns or destroys any
trees, wood or timber standing or being u{)on land taken
or held under the authority of this act, shall forfeit and
pay to said city three times the amount of damiges assessed
therefor, to i)e lecovered 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 hundred Penalty.
dolljirs or by imprisonment not exceeding one year.

Sectiox 7. The water conmiissioners of the city of ^°^f *JJ^_
Marlliorough, shall have and exercise, in relation to the missioners.
further water supply authorized by the provisions of this
act, similar rights and powers to those vested in said water
commissioners by the provisions of section twenty-nine of
chapter three hundred and twenty of the acts ot the year
eighteen hundred and ninety. .

Section 8. The provisions of chapter one hundred ^ppuctwe.
and niiiety-one of the acts of the year eighteen hundred
and eighty and acts in amendment thereof and supple-
mentary thereto, and of said section twenty-nine, so far
as the same are not inconsistent with the provisiims of this
act and may be applicable thereto, shall apply to the water
supply and all things appertaining thereto authorized by
the provisions of this act.

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

Approved June 15, 1892.

An Act to authorize the town of whitman to purchase CJfian.^Sl

LAND AND WATER RIGHTS IN THE TOAVN OF EAST BRIDGEWATER
FOR AN ELECTRIC LIGHT PLANT AND TO FURNISH ELECTRIC LIGHT
TO THE LAST NAMED TOWN.

Be it enacted, etc., as follows :

Section 1. The town of Whitman is authorized to Town may
acquire by purchase the water privilege in the town of auTwrier'*"
East Bridgewater known as the Rogers and Sheldon water P"^i'«g^-
privilege, and such land adjacent thereto as may be neces-
sary for the construction, establishment and maintenance

436

Acts, 1892. — Chap. 388.

Proviso.

Electric light,
rates, etc.

Provisos.

May erect
poles, etc.

of a suitable power station for operating an electric light
plant ; and said town of Whitman may construct, establish
and maintain upon the land so taken an electric light
plant : provided, said town of Whitman shall vote, as pro-
vided in section three of chapter three hundred and seventy
of the acts of the year eighteen hundred and ninety-one,
that it is expedient to exercise the authority conferred in
the first section of said act, and shall establish an electric
light plant.

Section 2. If the town of Whitman shall acquire by
purchase the said land and water rights as herein pro-
vided, it shall furnish electric light to the inhabitants of
the town of East Bridgewater at the same lates and subject
to the same conditions that the same is furnished to the
town of Whitman ; and hhall, when requested by the
selectmen of East Bridgewater, furnish such light to said
last named town at the actual cost of manufacturing and
furnishing the same : provided, said town of East Bridge-
water at its own expense shall erect, construct and main-
tain such poles and wires as may be necessary for its use
of such light, and shall connect its wires with said electric
light plant ; and provided, further, that in case of any dis-
pute between said towns in regard to the cost of manu-
facturing light, the same shall be referred to the board of
gas and electric light commissioners, whose tinding thereon
shall be final.

Section 3. Said town of Whitman may, subject to the
direction and control provided by law, erect, construct and
maintain in the public ways of East Bridgewater such poles
as may be necessary to maintain and carry the wires from
said station into its own territory in the most direct avail-
able course.

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

Ajjproved June 15, 1S92.

CllCLT) 388 ^^ ^^^ RELATING TO OBSTRUCTIONS IN BUILDINGS RESORTED TO
FOR THE PURPOSE OF UNLAWFUL GAMING.

Obstructions in
buildings used
for unlawful
gaming.

Be it enacted, etc., as foUov:s:

Section 1. AVhen any captain of police in the city of
Boston, or marshal or chief of police in any other city or
town in the Commonwealth, finds that access to any build-
ing, apartment or place which he has reasonable cause
to believe is resoited to for the purpose of unlawful gam-
ing, is barred by any obstruction other than what is usual

Acts, 1892. — Chap. 388. 437

in ordinary places of Inisiness, such as a door, window,
shutter, screen, bar or gratintj of unusual strength, or
any unnecessary number of doors, windows, shutters,
screens, bars or gratings or other obstructions, he shall
order the same to be removed by the owner or agent of Removal.
the building in which such obstruction exists, and in case
such captain of police or marshal or chief of police can-
not find either of the persons mentioned, so as to make
personal service, said notice shall be posted upon the Notice.
outside of the apartments and on the outside of said build-
ing, and in case of the neglect to remove such obstruc-
tion for the space of seven days from the date of said
order or posting of said notices, then the captain of police,
marshal or chief of police shall cause such obstruction to
be removed from such buildinj;, and the expense of such Expense of

... ' removal.

removal shall l^e a lien on said building and be collected
by the captain of police or marshal or chief of police
removing such obstruction, in the same way as a mechanic's
lien is now collected. If at any time within one year
after removal of said obstruction the premises are again
obstructed as above defined, the captain of police or
marshal or chief of police shall have the same power of
removal as above provided, and furthermore the owner
or agent at the time such second order of removal is given,
either by j)ersonal service or by posting on the building,
shall be liable to a fine of not less than two hundred and renaity.
fifty dollars nor more than five hundred dollars, and the
amount of said fine shall be a lien upon said building and
be collected by the captain of police, marshal or chief of
police in the same way as a mechanic's lien is now col-
lected. And for every subsequent obstruction as above
defined, at any time within two years of the giving of the
second notice as above provided, the captain of police,
marshal or chief of police shall have the same powers
as above provided of removing the obstructions, and the
owner or agent at the time such third or subsequent order
of removal is given, either by personal service or by post-
ing on the building, shall be liable to a fine of not less
than five hundred dollars nor more than one thousand
dollars, or may be punished by imprisonment for one
year in the house of correction, and the amount of said
fine of not less than five hundred dollars nor more than
one thousand dollars shall be a lien upon the said build-
ing and shall be collected by the captain of police or mar-

438

Acts, 1892. — Chaps. 389, 390.

Offence con-
strued.

Mileage tickets.

shal or chief of police in the same way as a mechanic's
lien is now collected. Obstructions as above defined
which shall be erected more than two years after the
giving of the notice of the third offence, as above pro-
vided, shall be construed to be a first oflence under this
section.
^"^P^"'- Section 2. Section one of chapter four hundred and

' forty- eight of the acts of the year eighteen hundred and
eighty-seven is hereby repealed.

Approved June 15, 1892.

Chcin.^SQ -^^ ^'^^'^ "^^ REQUIRE RAILROAD CORPORATIONS TO PROVIDE MILE-
AGE TICKETS M'HICH SHALL BE ACCEPTED FOR PASSAGE AND
FARE UPON ALL RAILROAD LINES IN THIS COMMONWEALTH.

Be it enacted, etc., as folloios:

Section 1. Every railroad corporation operating with-
in this Commonwealth shall provide and have on sale, for
twenty dollars, mileage tickets representing one thousand
miles, which shall he accepted and received for fare and
passage upon all railroad lines in this Commonwealth, as
well and under like conditions as upon the line or lines
of the corporation issuing such ticket.

Section 2. Such tickets or any part thereof shall be
redeemed by each corporation i.ssuing the same, upon
presentation by any other railroad corporation.

Section 3. On petition of any railroad corporation
included within the provisions of this act, filed with the
railroad conmiissioners, asking that it may be exempt, or
that any other railroad be excluded from the provisions
of this act, said commissioners may in their discretion
exempt or exclude such railroad from the provisions of
this act, if in their judgment the public welfare or the
financial condition of the road require or demand it.

Section 4. This act shall take effect on the first day
of October in the year eighteen hundred and ninety-two.

Approved June 15, 1892.

Redeemed on
presentation.

Certain rail-
roads exempted,

CAffl9.390 An Act to authorize selectmen of towns to adopt rules

AND orders for THE REGULATION AND CONTROL OF ITINERANT
MUSICIANS, AND PERSONS COASTING IN THE STREETS.

Beit enacted, etc., as follows:
ame^nded^' ^■' Scctiou sixtccn of chapter fifty-three of the Public
Statutes is hereby amended by inserting after the word
"city", in the fiis^t line thereof, the words: — and the

Acts, 1892. — Chaps. 391, 392, 393. 430

selectmen of a town, — so as to read as follows : — /iS'ec- itinerant musi-
tion 16. The mayor and aldermen of a city and the M^yoV'^and
selectmen of a town, may adopt rules and orders not ^j.'^^f^fJJ/^JJ^y
inconsistent with law for the reo^ulation and control of idopt mies

,- 1, iii'i ii • governing.

persons who frequent the streets and public places therem
playing on hand organs or other musical instruments,
beating drums, blowing trumpets, or coasting with sleds
or other vehicles, vvith penalties for ihe violation thereof I'^nai^es.
not exceeding twenty dollars for each ofl'ence.

Approved June 15, 1892.

An Act changing the time of the sitting of the superior (7^«».391
court for civil business for the county of middlesex.

Be it enacted, etc., as follows:

The superior court for civil bu!*iness for the county of JiJ™ y^.^'"'""
Middlesex, now required to be held at Lowell, within and
for the county of Middlesex, on the first Monday of Sep-
tember in each year, shall hereafter be held on the second
Monday of September in each year.

Approved June 15, 1892.

An Act rflating to shares of the boston and maine rail- (7^^r).392

KOAD subject to THE LIEN OF A CERTAIN MORTGAGE OF THE
EASTERN RAILROAD COMPANY.

Beit enacted, etc., as follows:

The provisions of section two of chapter three hundred pro^,;igfoM^o"f,
and eight of the acts of the year eighteen hundred and toapp'yto

'' o • 1 -n shares of

ninety-one, so far as they apply to shares ot the iioston Boston and

1 itr • i»M Ti . ^ , . , , .1 1. r^i Maine Railroad.

and Mame Kauroad becoming subject to the lien ot ttie
mortgage of the Eastern Railroad Company, of the twenty-
second day of June in the year eighteen hundred and
sev^enty-six, shall extend and apply to shares of the Boston
and Maine Railroad also subject to the lien of said mort-
gage and issued under the authority of chapter one hun-
dred and eighty-five of the acts of the year eighteen hun-
dred and ninety. Approved Jane 15, 1892.

An Act belatinq to the abolition of grade crossings in (^^^^.393

THE city of BROCKTON.

Be it enacted, etc., as follows:

Section 1. Authority is hereby given to the mayor Grade cross.
and aldermen of the city of Brockton, and to the directors Brwktou.aboii-
of the Old Colony Railroad Company, to include in any ""°°*-
petition under the provisions of chapter four hundred and

440 Acts, 1892. — Chap. 394.

twenty-eight of the acts of eighteen hundred and ninety
for the abolition ot grade crossings upon the main line of
said railroad company, any and all private ways over or
across said railroad or the property of said railroad com-
pany ; and the said .superior court and the justices thereof,
and any commission appointed thereby, ate also authorized
to deal with and to include any and all such 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 also said court and commission
are authorized, upon the joint application of the parties,
to make provision, by suital)Ie openings or otherwise, for
future crossings of said railroad by new streets to be here-
after laid out ; and all provisions of said chapter four hun-
dred and twent3'-eight and any acts in amendment thereof
shall apply to all the provisions of this act and crossings
named therein.
?am°T/°^ 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 re cover damages
therefor in the manner damages may be recovered under
said chapter four hundred and twenty-eight of the acts of
eighteen hundred and ninety and acts amendatory thereof.
Section 3. This act shall take eifect upon its passage.

Approved June 15, 1892.

Cha2?.Sd4:

An Act to incokpokate the koxbury trist company. .
Be it enacted, etc., as follows :

c^^lZl'ZZl Section 1. William H. H. Andrews, James F. Bliss,
poraied. William A. Folsom, Alfred Ziogler, Nathaniel J. Kust,

Joseph A. Jackson, Charles Littter, Max Cramer, Louis
Prang and Gottlieb F. Burkhardt, their associates aud
successors, are hereby made a corporation by the name of
the Roxbury Trust Company, with authority to establish
and maintain a safe deposit, loan and trust companj"^ in the
city of Boston ; with all the powers and privileges and
subject to all the duties, liabilities and restrictions set
forth in all general laws which now are or may hereafter
be in force relating to such corporations.

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

[r/<e Joregoing teas laid before the Governor on the ninth

day of June, 1892, and after five days it had the '•\force of a

law," as prescribed by the Co7istitntion, as it u-as not returned

by him luith his objections thereto within that time.']

CArt/>.396

Acts, 1892. — CiiArs. 395, 39G, 397. 441

An Act to incorporate the beacon tkust company. Char>.?>Q^

Be it enacted, etc. y as follows:

Section 1. "William A. Paine, William H. Treworgy, Beacon Trust
Edward P. Sanderson, Dccius Beebe, J. Otis Wardwell, in°orpo''rated.
Woodhury Noyes and John A. Gale, their associates and
successors, are hereby made a corporation by the name of
the Beacon Trust Coni[iany, with authority to estal)lish
and maintain a trust company in the city of Boston ; with
all the powers and privileges and subject to all the duties,
liabilities and restrictions set forth in all general laws
which now are or may hereafter be in force relating to
such corporations.

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

\_The foregowg was laid before the Governor on the ninth
day of June, 1892, and after Jive days it had the ^'' force of a
lato," as 2nescribed by the Constittdion, as it ivas not returned
by him luith his objections thereto zvithin that time.']

An Act to incorporate the west ltnn trust company.

Be it enacted, etc., as follows:

Section 1. Lemuel M. Brock, Albert L. Kohrer, west Lynn
Samuel A. Guilford, James W. Dearborn, Leonard B. incorpor^edf^'
]Mosher, Wellman Osborne, Luther Newcomb, Samuel B.
Valpey, James K. Hughes, Charles W. Collins, Charles
O- r>reed, Roland G. Usher, Wallace Bates, Langdon H.
Holder, Ira B. Keith, Kichard Breed and Samuel S. Per-
kins, their associates and successors, are hereby made a
corporation by the name of the West Lynn Trust Com-
pany, with authority to establish and maintain a safe
deposit, loan and trust company in the city of Lynn ; with
all the powers and privileges and subject to all the duties,
liabilities and restrictions set forth in all general laws
which now are or may hereafter be in force relating to
such corporations.

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

\_The foregoing ivas laid before the Governor on the 7iinth
day of June, 1892, and after Jive days it had the '"''force of a
law," as prescribed by the Constitution, as it was not returned
by him ivith his objections thereto within that time.]

An Act to incorporate the essfx county safe deposit and (JJiqj) 397

trust company.
Be it enacted, etc., as follows:

Section 1. Benjamin W. Russell, S. Endicott Pea- Essex County
body, Jeremiah^T. Mahoney, John H. Langmaid, Joseph aD^rYust"''

Company,
incorporated.

W. Lefavour, Thomas H. Johnson, Philip Little, Joseph po^pany.

442 Acts, 1892. — Chaps. 398, 399.

N. Peterson, Walter S. Dickson, Arthur L. Huntington
and Daniel Low, their associates and successors, are
hereby made a corporation by the name of the Essex
County Safe Deposit and Trust Company, with authority
to establish and maintain a safe deposit and trust company
in the city of Salem ; with all the powers and privileges
and subject to all the duties, liabilities and restrictions set
forth in all general laws which now are or may hereafter
be in force relating to such corporations.

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

[ The foregoing was laid before the Governor on the ninth day
of June, 1892, and after foe days it had the ^^ force of a law,"
as 2y)'escribed by the Constitution, as it loas not returned by him
ivith his objections thereto within that time.^

Chap.SOS ■^N -^CT TO INCORPOllATE THE PLYMOUTH COUNXr SAFE DEPOSIT

AND TRUST COMPANY.

Be it enacted, etc., as follows :
cmrys^afe Section 1. Ziba C. Keith, Augustus T. Jones, Wil-

Depositand iJam L. Douglass, Preston B. Keith, William L. Reed,

Trust Company, ii¥ •

incorporated. Warren A. Reed, Henry L. Bryant, All)t'rt Davis, Charles
H. Edson and Robert O. Harris, their associates and suc-
cessors, are hereby made a corporation by the name of
the Plymouth County Safe Deposit and Trust Company,
with authority to establish and maintain a safe deposit,
loan and trust company in the city of Brockton ; with all
the powers and privileges and subject to all the duties,
liabilities and restrictions which now are or may hereafter
be in force relating to such corporations.

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

'[The foregoing was laid before the Governor on the ninth day
of June, 1892, and after five days it had the '■\force of a law, "
as prescribed by the Constitution, as it was not returned by him
tvith his objections thereto within that time.^

ChUp.SdO ^N ^^"^ TO ESTABLISH THE SALARIES OF THE COUNTY COMMISSION-
ERS FOR THE COUNTY OP NORFOLK.

Be it enacted, etc., as follows:
esu^oifshed. Section 1. The salaries of the county commissioners

for the county of Norfolk shall be forty-two hundred dol-
lars 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 ivas laid before the Governor on the ninth day
of Jane, 1892, and after five days it had the '■'•force of a law, "
as prescribed by the Constitution, as it teas not returned by him
with his objections thereto ivithin that time.^

Acts, 1892. — Chaps. 400, 401. 443

An Act to incorporate the Columbia trust company. ChavAOO
Be it enacted^ etc., asfoUoics:

Section 1. J. Henry Stevenson, Frank C. Wood, S"'^;^^?^/'"'*
Horace B. Butler, Edwin Rice, Charles A. Kelly? incorporated.
Patrick J. Kennedy, William Waters, jr., Richard F-
Keoucjh, Charles T. Witt, John Morrison, Benjamin F.
Campbell, Albert F. Low, James Townsend, Frank E.
Dimick, John H. Townsend and Benjamin J. Sullivan,
their associates and successors, are hereby made a corpora-
tion by the name of the Columbia Trust Company, with
authority to establish and maintain a safe deposit, loan
and trust company in the city of Boston ; with all the
powers and privileges and subject to all the duties, lia-
bilities and restrictions set forth in all general laws which
now are or may hereafter be in force relating to such cor-
jDorations.

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

[77ie foregoing was laid before the Governor on the ninth day
of June, 1892, and after Jive days it had the '■'■force of a law,"
as jjrescribed by the Constitidion , as it loas not returned by him
ivith his objections thereto within that time.']

ChapAOl

An Act relating to sidewalks in the city of boston.
Be it enacted, etc., as follows :

Section 1. The mayor and aldermen of the city of ^^j'^^^/'^g^g^'^^
Boston may pass an order that the superintendent of
streets of said city make a sidewalk along any highway
or part thereof in said city, specifying in the order the
locations, heights, widths and materials for the sidewalks,
and the said superintendent shall carry out said order.

Section 2. Any expenses incurred for any work so Expense to be
ordered and performed shall be paid out of the moneys o\vners^ofiaiid.
appropriated under the provisions of section one of
chapter three hundred and twenty-three of the acts of the
year eighteen hundred and ninety-one, and shall be repaid
to said city as the assessable cost of the work by the
owners of the several parcels of land bordering on the
part of the highway along which the sidewalk is made :
provided, hoicever, that if any such parcel is devoted to Proviso.
public use, said city may assume and pay the whole or
part of the amount assessed thereto, if said city shall deem
proper so to do.

Section 3. Said superintendent shall so apportion Apportionment
the said assessable cost to the parcels of land aforesaid cost.^*^"^^

444

Acts, 1892. — Chap. 402.

Provisions
ajjplicable.

Provisions
applicable.

Cha2)A02

Sewers in city
of Boston.

Expense to be
repaid by
owners of land.

Apportionment
of assessable
cost.

that the amount apportioned to each parcel shall bear to
the total assessable cost the proportion which the number
of lineal feet of each parcel on said highway bears to the
number of such lineal feet of all such parcels, and a lien
shall attach to the parcel and to any buildings which may
be thereon for such amount, as a part of the tax on such
parcel. Said superintendent shall give notice of the
amount of every such assessment to the owner of the
estate assessed therefor, forthwith after the amount has
been determined.

Section 4. The provisions of sections sixteen, seven-
teen and eighteen of chapter three hundred and twenty-
three of the acts of the year eighteen hundred and
ninety-one and acts in amendment thereof shall, so far
as applicable, apply to all assessments made under this
act.

Section 5. Sidewalks in said city shall hereafter be
made and paid for only in accordance with the provisions
of this act, the provisions of chapter three hundred and
twenty- three of the acts of the year eighteen hundred and
ninety-one, and acts in amendment thereof.

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

Approved June 16, 1892.

An Act relating to sewers in the citt" of boston.
Be it enacted, etc., as follows:

Section 1. The mayor and aldermen of the city of
Bost(m may order that the superintendent of streets of
said city make a sewer or sewers in any highway or strip
of land and other places in said city, specifying in the
order the locations, sizes and materials for the sewer or
sewers, and the said superintendent shall carry out said
order.

Section 2. Any expenses incurred for any work so
ordered and performed shall be paid out of the moneys
appropriated under the provisions of section one of chap-
ter three hundred and twenty-three of the acts of the year
eighteen hundred and ninety-one, and shall, to an amount
not exceeding four dollars for each lineal foot of sewer,
be repaid to said city as the assessable cost of the work,
by the owners of the several parcels of land bordering on
the highway or strip of land in which the sewer is made.

Section 3. Said superintendent shall so apportion
the said assessable cost to the parcels of land aforesaid

Acts, 1892. — Chap. 402. 445

that the amount apportioned to each parcel shall bear to
the total assessable cost the proportion which the number
of lineal feet of each parcel on said highway or strip of
land l)ears to the number of such lineal feet of all such
parcels, and a lien shall attach to the parcel and to any
buildings which may be thereon for such amount, as a
part of the tax on such parcel. Said superintendent shall
give notice of the amount of every such assessment and
the interest thereon to the owner of the parcel liable there-
for, forthwith after such amount has been determined.

Section 4. When an assessment is made for a parcel suspension of
of land for which the owner is by law exempt from being
taxed, as determined and certified to by the assessors of
said city on application to them therefor, the collector of
taxes of said city shall suspend the collection of such
assessment, but after the day on which the parcel ceases
to be owned by a person or corporation so exempt, the
amount of such assessment less any payment made for an
entry under the following section shall be collected as if
that day were the date of the passage of the aforesaid
order for making the sewer.

Section 5. The owner of any parcel of land on which R'giitof entry.
an assessment has been made for said cost and the collec-
tion of which has not been suspended, under the pro-
visions of the preceding section, may enter from any part
thereof within one hundred and twenty-live feet of said
highway or stiip of land, a particular drain into such
sewer, and the owner of any parcel of land the collection
of the assessment upon which has been so suspended, or
of any other parcel of land, may, after the amount to be
paid for an entry has been fixed by the mayor and alder-
men of said city, enter a particular drain from such parcel
into said sewer, and there shall be due and payable to
said city, upon any such entry, the amount of the assess-
ment apportioned or fixed as hereinbefore provided.

Section 6. The provisions of sections sixteen, seven- Provisions
teen and eighteen of chapter three hundred and twenty- "pp"*^''^'®-
three of the acts of the year eighteen hundred and
ninety-one and acts in amendment thereof shall, so far as
applicable, apply to all assessments made under this act.

Section 7. Chapter four hundred and fifty-six of the Repeal,
acts of the year eighteen hundred and eighty-nine and
chapter three hundred and forty-six of the acts of the year
eighteen hundred and ninety are hereby repealed, and

44(5 Acts, 1892. — Chap. 403, 404.

sewers in said city shall hereafter be made and paid for
only in accordance with the provisions of this act or the
provisions of chapter three hundred and twenty-three of
the acts of the year eighteen hundred and ninety-one and
acts in amendment thereof.

Section 8. This act shall take effect upon its passage.

Approved June 16, 1892.

ChapAO^

An Act relative to the taking of lobsters.
Be it enacted, etc., asfoUoios:
Taking of Any pcrson living without this Commonwealth who

lated!"^*"^" shall take any lobsters within the harbors, rivers or waters
of the Commonwealth, and carry them or cause them to
be carried thence in vessels, shall be fined ten dollars for
every offence and shall forfeit all the lobsters so taken.
But this act shall not prevent the purchase of lobsters for
transportation without the Commonwealth.

Approved June 16, 1892.

Chan 404 ^^ ^^^ ^^ provide an open space on the east side of the
-^ ' state house extension.

Be it enacted, etc., asfolloivs:

nXnfor^open SECTION 1. For the purposc of securing an open space

space on east around the state house, the state house construction com-

house extension, missioncrs are hereby authorized, in the name and behalf

of the Commonwealth, to take by purchase or otherwise,

within three months after the passage of this act, the whole

of the tract of land in the city of JJoston, bounded north

by Derne street, east by Bowdoin street, south by Beacon

Hill place, and west by the state house.

Description of SECTION 2. Said commissiouers shall, within sixty

be°reco1-ded in days after the taking of any lands otherwise than by pur-

deeds^"^ chase, cause to be recorded in the registry of deeds for

the county of Suffolk a description of the lands so taken,

as certain as is required in a common conveyance of lands,

with a statement that said lands are taken under the

authority of this act ; and the title of any lands so taken

shall vest absolutely in the Commonwealth in fee.

Damagesincase SECTION 3. The Commonwealth shall pay all damages

of failure to ... iii-

agree to be sustaiucd bv Dcrsous in their property by such takings ;

determined by ■, . ,. ^ • • i i • i •

a jury. aud it aiiy person sustaming damage, and said commis-

sioners, fail to agree as to the amount of damages so sus-
tained, said person or said commissioners may, within one

Acts, 1892. — Chap. 405. 447

year from such taking, file in the otfice of the clerk of the
superior court for the county of Sutlblk a petition for a
jury to determine such damages, and thereupon, after
such notice as said court shall order, the damages shall be
determined by a jury in said court in the same manner as
damages for hinds taken for highways in said city are
determined, and costs shall be taxed as in civil cases.
Said damages and the amounts agreed to, where the terms
of purchase are established by agreement, shall be paid
from the treasur}^ of the Commonwealth in the same man-
ner as other lawful claims, upon the execution of such
release or conveyance by the party in interest as shall be
prescribed by the attorney-general.

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

Apj:)roved June 16, 1892.

Ax Act relative to counting ballots when voting is in (77;^r).405

PROGKE8S.

Be it enacted, etc. , as follows :

Section eighty-nine of chapter four hundred and twenty- isso, 423, §89,
three of the acts of the year eighteen hundred and ninety ""*°
is hereby amended by striking out the words " not divided
into voting precincts and ", in the twenty-sixth and twenty-
seventh lines of said section, and inserting in place there-
of the words : — and precincts of towns, — and by inserting
after the word "selectmen", in ihe thirtieth line, the
words: — or moderator, — also by inserting after the
word "clerk", in the same line, the words: — of said
towns or of the election otiicers of said precincts, — so as
to read as follows: — Seel ion 89 City and town clerks Baiiot boxes to
shall send to the election officers of each precinct or eU'ctionofflcers
town before the opening of the polls on the day of any ^f°'o^,°f'"^°^
state or city election, or meeting at which such ballot box
is required by law to be used, the ballot box furnished by
the secretary of the Commonwealth, with such ballot box
seals and other ballot boxes as may be approved by the
board of aldermen or selectmen, as the case may be. At Baiiotboxto

. . , . "^ - be examined at

the opening of the polls m each precmct or town, and opening of
before any ballots are received, the ballot box shsjU be ^'^ *''^''^'
publicly opened and shown to be empty, and the election
officers shall, by personal examination, ascertain that the
same is empty, after which the box shall immediately be
locked or fastened, a record of the condition of the box
register made by the clerk, and the key taken, if one be

Acts, 1892. — Chap. 406.

Ballots may be
taken from
boxes and
counted in
certain towns
and precincts.

Ballot boxes
and seals.

Precinct clerks
to be furnished
with seal for
sealing en-
velopes, etc.

used, and retained by the constable or police officer in
attendance at said precinct. The ballot box shall not be
removed from the public view, after it is so shown to be
empty, until all ballots have been removed therefrom and
the box has been relocked or sealed. No ballot shall be
removed from the ballot box in any precinct or town
while the polls are open, and the box shall not be opened
except that, in order to make room for the deposit of all
ballots, the warden may, in the presence of all the elec-
tion officers, open the box and pack and press down the bal-
lots therein. In towns and precincts of towns having
more than six hundred voters, the ballot box may be
oi)ened and ballots taken therefrom and counted whenever
in the unanimous judgment of the selectmen, or modera-
tor, and town clerk of said towns, or of the election
officers of said precincts, it is necessary or advisable so to
do. The wardens of each precinct shall have charge of
the ballot boxes and ballot box seals, and shall, at the
close of each election, return the same, either personally
or by the hand of the police officer or constable in
attendance at the precinct, to the city or town clerk.
The clerk of each city and of each town divided into vot-
ing precincts, respectively, shall furnish to the clerks
of the several precincts a seal of suitable device, the design
for which shall include the number or designation of the
precinct for which it is furnished ; and said seal shall be
used in sealing the envelopes as required by law at any
election. The precinct clerk shall retain the custody of
the precinct seal, and he shall, at the end of the term for
which he was appointed or whenever he ceases to iiold
said office, deliver the same, together with the records of
the precinct and other documents, to the city or town clerk.

Approved June 16, 1892.

ChapA0(5

Ballot law
conimisbion.

Appointments
and terms.

An Act relating to the ballot law commission.

Be it enacted, etc., as follows:

Section 1. Objections and other questions arising, in
accordance with the provisions of section seven of chapter
four hundred and thirteen of the acts of the year eighteen
hundred and eighty-nine, in the case of nominations of state
officers, shall be considered by a board to be called the
ballot law commission, consisting of the secretary of the
Commonwealth, the attorney-general, and three other
persons who shall be appointed by the governor with the

Acts, 1802. — Chap. 407. 449

advice and consent of the council, in the month of June
or July of each year, from different political parties, and
shall hold office for terms of one year beginning with the
tirst day of August; and any vacancy occurring in their
number shall be tilled l)y appointment in the same manner
for the remainder of the unexpired term. The members compensation.
so appointed shall be paid such compensation for their
services, not exceeding three hundred dollars each per
year, as the governor and council may determine. The Judicial
board shall have authority to summon and administer oaths p"'^*""*'
to witnesses, which summons may be signed or oath
administered by any member of the board, and to require
the production of books and papers at the hearing before
them of any matter within their jurisdiction ; and such
witnesses shall be summoned in the same manner, be paid
the same fees, and be subject to the same penalties for
default as witnesses before the general court. The deci-
sion of a majority of the board shall be final.

Section 2. The amount to be expended under this act Annual expend.

I- . iture not to

shall not exceed fifteen hundred dollars m any one year, exceed ^1,500.

Section 3. Section five of chapter four hundred and Repeal.
thirty-six of the acts of the year eighteen hundred and
ninet}^ is hereby repealed.

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

Approved June 16, 1892.

An Act relating to the appointment op trustees of the QJinj^ AQ7

HOSPITAL cottages FOR CHILDREN.

Be it enacted, etc., as foUoics :

Section 1. The governor with the advice and consent Trustees of

„, -iiii'/^ /•ii •! hospital cot-

01 the council shall appoint five trustees oi the hospital tagosfor
cottages for children, who shall hold their offices for a ° '
term of three years from the date of their appointment.
All vacancies in the trustees so appointed, whether occur-
ring by expiration of a term or otherwise, shall be filled
in like manner; any of such trustees, appointed to fill a
vacancy occurring from any cause other than the expira-
tion of a term, shall, unless reappointed, hold office only
during such unexpired term.

Section 2. So much of section two of chapter three Repeal.
hundred and fifty-four of the acts of the year eighteen
hundred and ninety as provides for the appointment of
trustees of said hospital, is hereby repealed.

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

Approved June 16, 1892.

450

Acts, 1892. — Chaps. 408, 409.

ChapAm

Additional trial
justice.

ChapAm

LotterieB, etc.,
prohibited.

Tickets, etc.,
printing or
delivery of, to
be prima facie
evidence.

An Act providing for an additional trial jc'stice in the
county of dukes county.

Be it enacted, etc., as folloios :

Section 1. The governor with the advice and consent
of the council may commission one additional trial justice
for the county of Dukes County ; and the maximum num-
ber of trial justices hereafter in commission for said
county shall be three.

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

Aj)proved June 16, 1892.

An Act relating to lotteries and policy lotteries.
Be it enacted, etc., as folloios :

Section 1. Whoever keeps, seta up, promotes, or is
concerned as owner, agent, clerk or in any other manner,
in managing any policy lottery or policy shop, or writes,
prints, sells, transfers or delivers, any ticket, certificate,
slip, bill, token or other device, purporting or designed
to guarantee or assure to any person, or to entitle any
person to a chance of drawing or obtaining any prize or
thing of value to be drawn in any lottery or in the game
or device commonly known as policy lottery or policy ;
or for himself or another person, writes, prints, sells or
transfers or delivers, or has in his possession for the pur-
pose of sale, transfer or delivery, or in any way aids in
sellino:, exchanginof, neofotiating, transferrinof or deliver-
ing a chance or ticket in any lottery, or in the game or
device commonly known as policy lottery or policy, or
any such bill, slip, certificate, token or other device, shall
be punished by fine not exceeding five hundred dollars or
imprisonment in the house of correction not exceeding
one year.

Section 2. The printing, advertising, issuing or deliv-
ery of any ticket, paper, document or material represent-
ing or purporting to represent the existence of or an
interest in a lottery, policy lottery, game or hazard, shall
be prima fticie evidence of the existence, location and
drawing of such lottery, policy lottery, game or hazard,
and the issuing or delivery of any such paper, ticket, doc-
ument or material shall l)e prima facie evidence of value
received therefor by the person or persons, company or
corporation who issues or delivers, or knowingly aids or
abets in the issuing or delivering of such paper, ticket, doc-
ument or material. Approved June 16, 1S92.

Acts, 1802. — CiiArs. 410, 411. 451

An Act to prohiuit the deduction of wages of employees QfianAlO

ENGAGED AT WEAVING.

Be it enacted, etc., as foUoivs :

Section 1. The system now or ;it any time hereafter wages of
employed hy manufacturers of grading their work shall in giV-d sq weav-
no way affect or lessen the wages of a weaver except for atlict°ed'exccpt
imperfections in his own work ; and in no case shall the {°J„s"''*^'^'"''
wages of those engaged in weaving be affected by fines or
otherwise, unless the imperfections complained of are first
exhibited and pointed out to the person or persons whose
wages are to be afiected, and no fine or tines shall be
imposed upon any person for imperfect weaving, unless
the provisions of this section are first complied with and
the amount of the fines are agreed upon by both parties.

Section 2. Any employer who shall violate the pro- Penalty.
visions of this act shall be subject to a fine of not more
than one hundred dollars, and for a second and subsequent
violation of this act shall be fined not more than three
hundred dollars.

Section 3. Chapter one hundred and twenty-five of ^''p^^^-
the acts of the year eighteen hundred and ninety-one is
hereby repealed. Approved June 16, 1892.

An Act relating to conditional sales of furniture or other ni^n^j A-W

HOUSEHOLD EFFECTS. '^

Be it enacted, etc., as follows:

Section two of chapter three hundred and thirteen of ^^^^^^g^- ^ -•
the acts of the year eighteen hundred and eighty-four is
hereby amended by adding at the end thereof, the following
words : — And in all cases where seventy-five per centum
or more has been paid upon the contract price by the ven-
dee, upon default in the conditions of the lease by the
vendee, after the expiration of the fifteen days as now
provided by law, for the vendee's equity of redemption,
the goods so forfeited shall be sold by the vendor at pub-
lic auction when the vendee or his legal representative
shall request in writing the vendor so to do, and the sale
shall be duly advertised in one of the principal newspapers
published in the city or town where the goods are situated,
or if there is no such paper, in one of the principal news-
papers published in such county, notice to be published at
least three days prior to the time of the sale, and the bal-
ance of the price of said sale, after deducting the balance

452

Acts, 1892. — Chap. 412.

Conditional
Bales of furni-
ture, itemized
statement to be
furnished
vendee, etc.

Sale to be ad-
vertised, etc.

Chaj)

Improvement
of water
works of the
tewn of
Arlington.

due the vendor on the contract price and the actual
expenses of the auction sale, shall be paid to the vendee
or his legal representatives, and in case the vendor refuses
or neglects to sell as provided herein, the right to redeem
shall not be deemed to have been foreclosed, — so as to
read as follows : — Section 2. The vendor upon taking
possession of such furniture or effects for non-compliance
with the terms of such contract of sale, shall furnish the
vendee or other person in charge of such furniture or
effects an itemized statement of the account showing the
amount then due thereon ; and the fifteen days provided
by section thirteen of chapter one hundred and ninety-two
of the Public Statutes during which the vendee shall have
the right to redeem the furniture or household effects so
taken shall not begin to run until such statement is fur-
nished, provided the vendee or other person in charge can
be found by the vendor by the exercise of reasonable care
and diligence. And in all cases where seventy-five per
centum or more has been paid upon the contract price by
the vendee, upon default in the conditions of the lease by
the vendee, after the expiration of the fifteen days as now
provided by law, for the vendee's equity of redemption,
the goods so forfeited shall be sold by the vendor at pub-
lic auction when the vendee or his legal representative
shall request in writing the vendor so to do, and the sale
shall be duly advertised in one of the principal newspapers
published in the city or town where the goods are situated,
or if there is no such paper, in one of the principal news-
papers published in such county, notice to be published at
least three days prior to the time of the sale, and the balance
of the price of said sale, after deducting the balance due the
vendor on the contract price and the actual expenses of
the auction sale, shall be paid to the vendee or his legal
representatives, and in case the vendor refuses or neglects
to sell as provided hereiu, the right to redeem shall not
be deemed to have been foreclosed.

Apx)roved June 16, 1892.

.412 ^^ ^^^ ^^ PROVIDE FOR THE IMPROVEMENT OF THE WATER
WORKS, WATER SUPPLY AND WATER SERVICE OF THE TOWN OF
ARLINGTON.

Be it enacted, etc., as follows :

Section 1. The town of Arlington, for the purpose
of improving and extending its water works, improving
and increasing its present sources of water supply, extend-

Acts, 1892. — Chap. 413. 453

ing its systeai of \v:iter service, replaciug its cement lined
pipes with iron pipes, and establishing and maintaining
high service, is herel)y authorized to issue its bonds, notes May issue
or scrip to an amount not exceeding one hundred and lirexcUd"' °°*
fifty thousand dollars in addition to the amounts it is now ^i^o.ooo.
authorized to issue, to be denominated on the face thereof,
Arlington Water Loan, Act of 181)2, bearing interest at
a rate not exceeding six per cent, per annum, payable
semi-annually, the principal to be })ayal)le at periods of
not more than thirty years from the issuing of such bonds,
notes or scrip, respectively. Said town is authorized to
sell said bonds, notes or scrip, or any part thereof, at pub-
lic or private sale, provided the same shall not be sold for
less than the par value thereof. The provisions of section Provisions
two of chapter one hundred and twelve of the acts of the ''pp'"^"^''^-
year eighteen hundred and ninety-one shall be applicable
to the bonds, notes and scrip issued under this act.

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

Approved Jane 16, IS 92.

CkapAlS

An Act prohibiting the appointment of persons not resi-
dents OF the commonwealth as special police officers.

Be it enacted, etc., as follows :

Section 1. Whenever in case of emersrencv special offi- Nonresidents

~ *^ »■ not to DG ap-

cers are appointed, whether under the name of police offi- pointed special

,1 , I. • ii -i /• !• police otticers

cers or any other name, to act in the capacity of police fn certain cases.
officers for quelling a riot or disturbance, or for protect-
ing property, no person shall be so appointed who is not
a resident of this Commonwealth. But this section shall Employee, etc.,

may be ap-

not prevent the appointment of a person not a resident of pointed.
this Commonwealth to act in the capacity of a police offi-
cer for protecting the property of a person or corporation
of whom or of which he is a regular employee.

Section 2. Any person or corporation may at any Poiiceprotec
time, in case of danger to his or its property, call upon ^'°°'
the regularly constituted police authorities in this Com-
monwealth for assistance in the protection of the same,
and nothing in this chapter shall in any way limit or
diminish such right. But no private individual or corpora-
tion shall request or authorize any person or body of per-
sons non-residents of this Commonwealth, other than
regular employees, to assist such corporation with arms
in the defence of its property, and no such request or
authorization shall operate as a justification of any assault

454

Acts, 1892. — Chap. 414.

Injury, dam-
ageB.

or attack made by a non-resident with arras upon any
person in this Commonwealth. If a private corporation
or an individual who is an employer of labor, requests or
authorizes persons to render assistance in violation of this
section, such corporation or individual and each and every
person rendering such assistance with arms shall be sever-
ally liable to each individual injured in person or property
by any act of such non-resident for the damages resulting
from such injury, to be recovered in an action of tort.

Section 3. This act shall take effect upon the first
day of July in the year eighteen hundred and ninety-two.

Ap2)roved June 16, 1892.

ChCipAl.^: ^^^ ^^"^ RELATING TO THE WATER SUPPLY OF THE TOWN OF

BRAINTREE.

1891, 345, § 1,
amended.

Town may
issue water
supply bonds,
etc.. not to
exceed $50,000.

Be it enacted, etc., as follows :

Section 1. Section one of chapter three hundred and
forty-five of the acts of theyear eighteen hundred and ninety-
one is hereby amended by inserting after the word " made ",
in the thirteenth line thereof, the following words : —
and for the purpose of paying any expenses or liabilities
incurred under the provisions of chapter two hundred
and seventeen of the acts of the year eighteen hundred
and eighty-five, or of chapter two hundred and sixty-nine
of the acts of the year eighteen hundred and eighty-six, —
so as to read as follows : — Section 1. The town of
Braintree is hereby authorized and empowered to issue
from time to time bonds, notes or scrip to an amount not
exceeding in the aggregate fifty thousand dollars ; said
bonds, notes and t-crip to be issued in accordance with the
provisions of sections eleven and twelve of cha})ter two
hundred and sixty-nine of the acts of the year eighteen
hundred and eighty-six, and for the purpose of enabling
iiaid town to complete the purchase of the water works of
the Braintree Water Supply Company as therein provided
for, to settle any liabilities resulting therefrom or con-
nected therewith and for makinof such additions to said
works as may be deemed expedient to be made, and for
the purpose of paying any expenses or liabilities incurred
under the provisions of chapter two hundred and seven-
teen of the acts of the year eighteen hundred and eighty-
five, or of chapter two hundred and sixty-nine of the
acts of the year eighteen hundred and eighty-six,
and to be in addition lo the several amounts of bonds,

Acts, 1892. — Chap. 415. 455

notes or scrip authorized to be issued by said town by
said chapter two hundred and sixty-nine, and by chapter
two hundred and seventeen of the acts of the year eighteen
hundred and eight3'-tive.

Section 2. The said chapter three hundred and forty- Provisions of
five of the acts of the year eighteen hundred and ninety- stnied. '"*'"
one shall be constiued and have eliect, and the validity
and etfect of all acts and votes of the town of Braintree
and of its officers shall be determined, in the same manner
as if the said chapter had been originally enacted as
hereby amended.

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

Approved June 16, 1892.

ChapAl5

An Act relating to the assessment of damages for the
layino out or alteration of highways.

Be it enacted, etc., as follows:

Section 1. Section thirty-three of chapter forty-nine 49, §33, p. s.,
of the Public Statutes is hereby amended by striking out »'°™'^^'^-
all after the word " indemnity ", in the third line of said
section, to and including the word " time ", in the fourth
line, and inserting in place thereof the following words :

— for laying out, locating anew, altering, widening or
discontinuing a highway, or ordering specific repairs
thereon, may be made at any time before the expiration
of one year, to be reckoned, in the case of the taking of
laud, from the day when the highway is entered upon and
possession taken for the purpose of constructing the same,
in the ca^e of specific repairs, from the day when the work
is actually commenced on the way, and in all other cases,
from the date of the order providing for the same ; but if
before the expiration of any such year, — by inserting
after the word "altering", in the sixth line of said section,
the word : — w^idening, — and by inserting after the word
" highway ", in the seventh line of said section, the words :

— or ordering specific repairs thereon, — so as to read

as follows : — Section 33. Applications to the commis- Application for
sioners for a jury to revise their judgment in the assess- JiYmaael! w*hen
ment of damages, or in the award of indemnity, for laying to ^e made.
out, locating anew, altering, widening or discontinuing a
highway, or ordering specific repairs thereon, may be
made at any time before the expiration of one year, to be
reckoned, in the case of the taking of land, from the day
when the highway is entered upon and possession taken

456

Acts, 1892.

Chap. 415.

49, § 79, P. 8.
amended.

Jury or com-
mittee to ascer-
taJD damages.

49, § 86, r. S.
amended.

for the purpose of constructing the same, in the case of
specific repairs, from the da}' when the work is actually
commenced on the way, and in all other cases, from the
date of the order providing for the same ; but if before
the expiration of any such year a suit is instituted wherein
the legal etiect of the proceedings of the commissioners in
laying out, locating anew, altering, widening or discon-
tinuing a highway, or ordering specific repairs thereon, is
drawn in question, such application may be made at any
time within one year after the final determination of the
suit.

Section 2. Section seventy-nine of said chapter is"
hereby amended by inserting after the words " laying
out", in the second line, the words: — locating anew,
widening, — also by striking out the word "at", in the
fifth line of said section, and the following words, to and
including the word "suit", in the eleventh line, and in-
serting in i)lace thereof the words : — within such time
as is specified for a like purpose in section thirty-three,
— so as to read as follows : — Section 79. A person
aggrieved by the assessment of his damages occasioned
either by the laying out, locating anew, widening, altera-
tion, or discontinuance of a town way or private way, or
by an order for specific repairs, or of the sum awarded
him as indemnity therefor, may have the matter of his
complaint determined by a jury, which may be applied for
within such time as is specified for a like purpose in sec-
tion thirty-three. Such application may be made either
to the county commissioners, or to the superior court as
provided in section one hundred and five. Upon such
application to the county commissioners, an order for
a jury shall be made by them, or by agreement of the
parties the matter may be determined by a committee to
be appointed by the county commissioners ; and the jury
or committee shall have the same powers, and the pro-
ceedings in all respects shall be conducted in the same
manner, as before provided in like case with respect to
highways. If the damages are increased, the damages
and all charges shall be paid by the town ; otherwise
the charges arising on such application shall be paid by
the applicant or person recognizing as aforesaid.

Section 3. Section eighty-six of said chapter as
amended by chapter three hundred and ninety-seven of
the acts of the year eighteen hundred and eighty-eight

Acts, 1892. — Chap. 416. 457

is hereby amended so as to read as follows : — Section SO. "ty^'oY Boston.
The damages sustained in any case specified in the pre- ''"'""^''*' •^^''•
ceding section shall be paid by the city of Boston, and said
city, or any party interested, if they cannot agree upon
the amount of such damages may, within the time speci-
tied for a lilie purpose in section thirty-three, file a peti-
tion for a jury in the office of the clerk of the superior
court for the county of Suffolk, and thereupon, after such
notice as the court shall order, a trial shall be had in the
said court, in the same manner as other civil cases are
there tried by jury, and if either party request, the jury
shall view the phice in question.

Section 4. Section ninety-one of chapter forty-nine 49, §91, p. s.,
of the Public Statutes is hereby amended by adding
thereto the following words: — but every application for
a jury to assess damages may, notwithstanding any other
l)rovi-?ion in any such charter, be made within the time
specified for a like purpose in section thirty-three, — so
as to read as follows : — Section 91. The provisions of appiiclbiie to
the preceding sections, so far as applicable, shall apply cuies^aud
to the several cities and towns, except as may bo other-
wise provided by city charters and acts in amendment
thereof. But every application for a jury to assess dam-
ages may, notwithstanding any other provision in any
such charter, be made within the time specified for a like
purpose in section thirty-three.

Sectiox 5. This act shall take effect on the first day
of August in the year eighteen hundred and ninety-two.

Approved June 16, 1892.

An Act to prevent corrupt practices in elections and to (7^ar>.416

PROVIDE FOR PDBLICITY OF ELECTION EXPENSES-

Be enacted, etc., as follows:

Section 1. No person shall, in order to aid or pro- Payment, etc.,
mote his own nomination as a candidate for public office, to s^curTnomi'-
by a caucus, convention or nomination paper, directly or h"bue°d,^e'tc.
indirectly, by himself or through another person, or by a
political committee, give, pay, expend or contribute, or
promise to give, pay, expend or contribute, any money
or other valuable thing, except for personal expenses as
hereinafter provided.

Section 2. No person shall, in order to aid or pro- Promises of
mote his own nomination or election to a public office, et'c^^pro'hibited.
directly or indirectly, by himself or through another per-

458

Acts, 1892. — Chap. 41G.

Payment of
money, etc.,
regulated.

Personal ex-
penses.

Voluntary pay-
ment, etc., to
a political
committee.

Term " political

committee"

defined.

son, promise to appoint, or promise to secure or assist to
secure the appointment, nomination or election of another
person to a public position or to a position of honor, trust
or emolument, except that he may announce or define his
own choice or purpose in relation to an election in which
he may be called to take part, if he shall himself be elected
to the public office for which he is a candidate.

Sectiox 3. No person shall, in order to aid or pro-
mote his own election to a public office, ■ directly or
indirectly, by himself or through another person, give,
pay, expend or contribute, or promise to give, pay,
expend or contribute, any money or other valuable thing,
except as hereinafter provided, for personal expenses and
to a political committee.

Section 4. A candidate for nomination or for election
to a public office, and any other person, may incur and
pay, in connection with such nomination or election, his
own personal expenses for travelling and purposes
properly incidental to travelling ; for writing, printing
and preparing for transmission any letter, circular or
other publication which is not issued at regular intervals,
whereby he may make known his own position or views
upon public or other questions ; for stationery and postage,
for telegraph, telephone and other public messenger ser-
vice, and for other petty personal purposes ; but all such
expenses shall be limited to those which are directly
incurred and paid by him ; and no person shall be required
to include such personal expenses in any statement which
may be required of him under this act.

Section 5. A person who is nominated as a candidate
for public office, by a caucus, convention or nomination
paper, and any person who shall with his own assent be
voted for for public office, may make a voluntary payment
of money or a voluntary and unconditional promise of
payment of money to a political committee, as hereinafter
defined, for the promotion of the principles of the party
which the committee represents, and for the general pur-
poses of the committee.

Section 0. 'The term "political committee", under
the provisions of this act, shall apply to every committee
or combination of three or more persons who shall aid or
promote the success or defeat of a political party or
principle in a public election, or shall aid or take part in
the nomination, election or defeat of a candidate for pub-

Acts, 1892. — CHAr. 416. 459

lie office. Every such committee shall have a treasurer,
who is a legal voter of the Commonwealth, and shall cause
to be kept b}- him detailed accounts of all mone3^ and the
equivalent of money, which shall be received by or
promised to the committee, or any person acting under its
authority or in its behalf, and of all expenditures, dis- Receipt or dis-
bursements and promises ot payment or disbursement inoneypro-
which shall be made by the committee or any person act- ueasurens^
ing under its authority and in its behalf; and no person, chosen.
acting under the authority or in behalf of such committee,
shall receive any money, or equivalent of money, or
expend or disburse the same, until the committee has
chosen a trcaburer to keep its accounts as herein pro-
vided.

Section 7. A person who, acting under the authority Account of

,,1,. /, ',.., .^^ 111 • receipts, expen-

or in behalf ot a political committee, shall receive any duures.etc.to
money or equivalent of money or promise of the same, or *'® '^«°'^"®''-
shall expend any money or its equivalent, or shall incur
any liabilit}' to pay money or its equivalent, shall at any
time thereafter on demand of the tretsurer of such com-
mittee, and in any event within fourteen days after such
receipt, expenditure, promise or liability, give to such
treasurer a detailed account of the same, with all vouchers
required by this act ; and such account shall constitute a
part of the accounts and records of such treasurer.

Section 8. The treasurer of every political committee Treasurer to

h. , 1 ,, . , !• 1 file Statement,

ich shall receive or expend or disburse any money or etc, when

equivalent of money, or incur any liability to pay money, elceedf twenty
in connection with any election, if the aggregate of such dollars.
receipts or of such expenditures, disbursements and lia-
bilities shall exceed twenty dollars, shall within thirty days
after such election tile a statement setting forth all the
receipts, expenditures, disbursements and liabilities of
the committee, and of every officer and other person act-
ing under its authority and in its behalf. Such statement f°f ^^^3^^°*
shall include the amount in each case received, the name
of the per.-on or committee from whom it was received,
and, so far as practicable, the date of its receipt, and shall
also include the amount of every expenditure or disburse-
ment, the name of the person or committee to whom the
expenditure or disbursement was made, and, so far as
practicable, the date of every such expenditure and dis-
bursement ; and, except where such expenditure or dis-
bursement was made to another political committee, shall

460

Acts, 1892. — Chap. 416.

Person who
receives, ex-
pends, etc.,
amount exceed-
ing twenty
dollars subject
to the require-
ments of this
act.

Receipt, expen-
diture, etc., by
persons not
voters.

Payment, etc.,
to be in name
of payer, etc.

No committee,
etc., shall
demand, etc.,
payment of
money from
candidate.

clearly state the purpose for which it was expended or dis-
bursed. The statement shall also give the dale and amount
of every existing unfulfilled promise or liability, both to
and from such committee, remaining uncancelled and in
force at the time the statement is made, with the name of
the person or committee to or from whom the unfulfilled
promise or liability exists, and clearly state the purpose for
which the promise or liability was made or incurred.

Section 9. Every person who, acting otherwise than
under the authority and in behalf of a political committee
having a treasurer as hereinbefore provided, receives
money or the equivalent of money, or expends or dis-
burses, or promises to expend or disburse money or its
equivalent, to an amount exceeding twenty dollars, for
the purpose of aiding or promoting the success or defeat
of a political party or principle in a public election, or of
aiding or taking part in the nomination, election or defeat
of a candidate for public ofiice, shall file such statement as
is herein required to be filed by a treasurer of a political
committee, in the town or city in which he is a legal
voter, and shall be subject to all the requirements of this
act, the same as a political committee and the treasurer
thereof; but no person other than a legal voter of the
Commonwealth shall receive, expend or disburse any
money or equivalent of money, or promise to expend or
disburse the same, for either of the purposes above-named,
except for personal expenses as is herein provided, or
under the authority and in behalf of a political committee.

Section 10. No person shall, directly or indirectly,
by himself or through another person, make a payment
or promise of payment to a political committee or to an
officer or other person acting under its authority or in its
behalf, in any other than his own name ; nor shall such
committee, officer or other person knowingly receive a
payment or promise of payment, or enter or cause the
same to be entered in the accounts or records of such
committee, in any other name than that of the person by
whom such payment or promise of payment is made.

Section 11. No political committee, and no person
acting under the authority or in behalf of a political com-
mittee, shall demand, solicit, ask or invite a payment of
money or promise of payment of money to be used in an
election, from a person who has been nominated by a
caucus, convention or nomination paper, as a candidate

Acts, 1892. — Chap. 416. 461

for public office in such election ; and no person so nomi-
nated shall make any such payment in an election in which
he is a candidate for public office, to a political committee
or to any person acting under the authority or in the behalf
of a political committee, if such committee or any such
person has demanded, solicited, asked or invited from him
any such payment or promise of payment.

Section 12. The statement required by this act to be statement to be
filed by a treasurer of a political committee shall be filed urer of com-"*'
with the clerk of the town or city in which the treasurer mutee, etc.
is a legal voter, except that, in case a political committee
has its headquarters in some other town or city than that
in which the treasurer is a legal voter, the treasurer shall
file the statement required of him with the clerk of the
town or city in which such headquarters are maintained
at the time of the election to which the statement relates.
A statement relating to any other than a municipal elec-
tion, or than an election on the part of a city council or
of either branch thereof, shall be tiled in duplicate, and
one copy shall be forthwith forwarded by the town or
city clerk receiving the same to the secretary of the Com-
monwealth, by whom it shall be placed on file.

Section 13. The supreme judicial court and the Equity powers
superior court shall have full equity powers to compel "udS'c'^urt
any person who fails to file a statement required by this courrproc°eed
act, or who tiles a statement which does not conform to ings.'etc.
the provisions of this act in respect to sufficiency in detail,
conformity to the truth or otherwise, to comply with the
provisions of this act by filing such a statement as is
required, and may compel such compliance, upon the
petition of any candidate voted for or of any five persons
qualified to vote at the election on account of which the
expenditures, or a part thereof, were or are alleged to
have been made. No such petition shall be brought later
than sixty days after such election, against any one who has
filed his account within the thirty days required, except-
ing that a petition may be brought within thirty days of
any payment which was not stated in the statement so
filed. Proceedings under this section shall be advanced
upon the dockets of said courts, if requested by either
part}^ so that they may be tried and decided with as little
delay as possible. No petition brought under this act
shall be withdrawn or discontinued without the consent
of the attorney-general.

462

Acts, 1892. — Chap. 416.

WitnesB not
liable to ciirai-
ual prosecu-
tluii, etc.

Duty of clerk
wheu Btate-
menls do not
couform with
law.

Statements to
be made uuder
oath.

Statements to
be open to
public iuspec-
tiou.

Secretary to
provide blank
forms.

Clerk to give
receipt for
Htalements.

Vouchers re-
quired, etc.

Elections and
nominations
to whicJj tills
act shall apply,
etc.

Sectiox 14. No person called to testify in any pro-
ceedings under the preceding section shall be liable to
criminal prosecution under this act or otherwise, for any
matters or causes in respect of which he shall be examined
or to which his testimony shall relate, except to prosecu-
tion for perjury committed in such testimony.

Section 15. If any statements which are filed under
this act shall apparently fail to be in conformity with the
requirements thereof, it shall be the duty ot the clerk
with whom any such statement is filed, forthwith to notify
the person making the same, of such failure, and to
request him to amend and correct the same.

Section 16. Every person making a statement required
by this act shall make oath that the same is in all respects
correct and true to the best of his knowledge and belief.

Section 17. All statements which are filed in accord-
ance with the provisions of this act shall be preserved for
not less than fifteen months from the time of the election
to which they relate, and shall during that period be open
to public inspection, under reasonable regulations.

Section 18. The secretary of the Commonwealth shall,
at the expense of the Commonwealth, provide every city
and town with blank forms suitable for such statements
and receipts for statements as are required under this
act. Said blank forms shall be approved by the secretary,
treasurer and auditor of the Commonwealth, or by a
majority of them.

Section 19. A clerk of a town or city shall give a
receipt for any statement which may be filed with him in
accordance with the provisions of this act, at the request
of the person filing the same.

Section 20. Every payment in respect of any expense
incurred, which is to be accounted for under this act shall,
unless the total expense payable to the same person is less
than five dollars, be vouched for by a receipted bill stat-
ing the particulars of expense, and every voucher, receipt
or account required by this act shall l)e preserved for at
least six months from the election to which they relate.

Section 21. This act shall apply to all public elec-
tions except elections of town officers in towns, and shall
apply to elections on the part of the general court and
of city councils, and of either branch thereof, to caucuses
and conventions for the nomination of candidates to be
voted for at such elections, and to nomination papers for

Acts, 1892. — Chap. 417. 4G3

the nomination of candidates to be voted for at such
elections, except that sections one, three and ten of this
act shall not apply to the proprietors and publishers of
publications issued at regular intervals in respect to the
ordinary and regular conduct of business as such proprie-
tors and publishers.

Section 22. AVhoever shall violate any of the provi- Penalties.
sions of sections one, two, three, six, seven, eleven,
twelve, sixteen, seventeen and twenty of this act shall be
punished by fine not exceeding one thousand dollars.
Whoever shall violate any of the provisions of sections
eight, nine and ten of this act shall be punished by line
not exceeding one thousand dollars or by imprisonment
in jail for not more than one year, or by both such tine
and imprisonment.

Section 23. This act shall take effect on the first day to take effect
of August in the year eighteen hundred and ninety-two. -^"^"^^ '

Approved June 16, 1892.

An Act for the protection of the water supply of the /^;ix,^4."17

CITY OF HAVERHILL. ^ *

Be it enacted, etc., as follows:

Section 1 . The city of Haverhill is hereby authorized Protection of

, • 1 • r» <• t /• 1 • T water supply.

to take within nve years from the passage of this act and
hold, by purchase or otherwise, any lands, waters, w\ater
rights or easements not already owned or taken by said
city, upon or within the watersheds of Kound pond, Plug
pond, Kenoza lake and Crystal lake, great ponds within
said city of Haverhill, or either of them, wdiich shall be
deemed necessary for the protection and preservation of
said watersheds, or either of them, or for preserving,
increasing or protecting the purity of the waters of said
great ponds, or either of them. The title to all land Lands taken to
taken or purchased under the provihions of this act shall
vest in said city, and the land taken may be managed,
improved and controlled by the board of water commis-
sioners, in such manner as they shall deem for the best
interests of said city.

Section 2. The provisions of chapter three hundred Proy'sions

in ' ^ n 1 r 1 applicable.

and forty-eight of the acts of the year eighteen hundred
and ninety-one, so far as applicable thereto, shall govern
all takings under the authority of this act. And the
city, for the purpose of paying the necessary expenses
and liabilities incurred under the provisions of this act,

464

Acts, 1892. — Chap. 418.

May isBue
bonds, etc.

Sinking fund.

may issue from time to time bonds, notes and scrip to
an amount sufficient for such purposes, in the manner
provided by and subject to the limitations and provisions
with respect to a sinking fund, and otherwise contained
in sections six and seven of chapter three hundred and
forty-eight of the acts of the year eighteen hundred and
ninety-one.

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

Approved Jane 16, 1S92.

(7^tt».418 ^^ ^^'^ RELATING TO THE LOCATION, LAYING OUT AND CONSTRUC-
TION OF HIGHWAYS IN THE CITY OF BOSTON.

1891, 323, § 2,
amended.

Treasurer may
Issue bonds, etc

1891, 323, § 5,
amended.

Be it enacted, etc., asfolloivs:

Section 1. Section two of chapter three hundred and
twenty-three of the acts of the year eighteen hundred and
ninety-one is hereby amended by striking out the word
" ten ", in the fourth line of said section, and inserting in
place thereof the word : — twenty, — and by striking out
the words " and one half", in the sixth line, so as to read
as follows : — /Section 2. The treasurer of said city shall
from time to time, on the request of the mayor in writing,
issue, to the amount or amounts so appropriated, negotia-
ble bonds or certificates of indebtedness, payable in twenty
years from their date and bearing interest at a rate not
exceeding four per cent, per annum, payable semi-annu-
ally, and fixed by said treasurer with the approval of the
mayor, and shall sell said bonds and certificates or any
part of them, and credit the proceeds thereof, except pre-
miums, to the aforesaid appropriation.

Section 2. Section five of said chapter is hereby
amended by striking out all of said section after the word
" hearing", in the seventeenth line, and inserting in place
thereof the following words; — and shall, after making
any such plan, give a like notice and hearing thereon, and
keep the plan open to public inspection for two months
after the tirst advertisement of such hearing. Such plan
thereafter, and after alterations deemed necessary by said
board have been made thereon, shall he marked as made
under the provisions of this act, be signed by said board,
and if approved by the mayor of said city, be signed by
him, and after being so signed and approved shall be filed
in the office of the city surveyor of said city, signed, and
the date of said filing attested, by said city surveyor.
Nothing in this act shall invalidate or affect any plan or

Acts, 1892. — Chap. 418. 465

plans heretofore tiled by said hoard, })ut such alterations
may, at any time or times within three months after the
passage of this act, be made on any plan or plans hereto-
fore tiled as aforesaid, except as to ways laid out subs^e-
quent to such tiling as said board and said mayor may in
writing approve. Any plan found in the office of said
city surveyor bearing the signatures of two or more per-
sons as the board of survey, the signature of a person as
the mayor, and the signature of a person as the city sur-
vey or, shall be prima facie evidence that the plan, and all
data above specified made thereon, were made under the
authority of and in accordance with the provisions of this
act, — so as to read as follows : — Section 5. The board P'anBof loca-

tions of high-

of survey shall, with all reasonable dispatch, cause to be ways to be
made under its direction, plans of such territory or sec-
tions of land in said city as said board may deem neces-
sary, showing thereon the location of such highway or the
locations of such highways, whether already laid out or
not, as said board shall be of opinion the present or future
interests of the public will require in each territory, show-
ing clearly the directions, widths and grades of each high-
way, and may employ such assistants and incur such
expenses as it may deem necessary therefor. Said board,
before making any such plan, shall give a public hearing
as to the locations, directions, widths and grades for the
highway or highways in the territory to be shown on the
plan, after advertising a notice of such hearing twice a
week for two weeks in succession in at least two daily
newspapers published in said city, the last advertisement
to be at least two days before such hearing, and shall,
after making any such plan, give a like notice and hearing
thereon, and keep the plan open to public inspection for
two months after the first advertisement of such hearing.
Such plan thereafter, and after alterations deemed neces- Plans to he
sary by said board have been made thereon, shall be o'^'city bi^^^
marked as made under the provisions of this act, be signed ^'=i°'>e'<=-
by said board, and if approved by the mayor of said city,
be signed by him, and after being so signed and approved
shall be tiled in the office of the city surveyor of said city,
signed, and the date of said filing attested, by said city
surveyor. Nothing in this act shall invalidate or affect
any plan or plans heretofore filed by said board, but such
alterations may, at any time or times within three months
after the passage of this act, be made on any plan or plans

466

Acts, 1892. — Chap. 418.

1S91, 323, §8
amended.

Powers of
board of street
coiumisteioners.

Private waj's.

Proviso.

1891, 323, § 9
amended.

heretofore filed as aforesaid, except as to ways laid out
subsequent to such filing as said board and said mayor
may in writing approve. Any plan found in the office of
said city surveyor bearing the signatures of two or more
persons as the board of survey, the signature of a person
as the mayor, and the signature of a person as the city
surveyor, shall be prima facie evidence that the plan, and
all data above-specified made thereon, were made under
the authority of and in accordance with the provisions of
this act.

Section 3. Said chapter is hereby amended by strik-
ing out section eight, and inserting in place thereof the
following new section: — Section 8. The powers of the
board of street commissioners of said city in regard to
highways shall not be al)ridged by this act in any manner
except as provided in this section and in section ten, and
the powers given them in this act shall be in addition to
the powers now exercised by them. After the passage of
this act, in the city of Boston no highway shown on any
plan filed as aforesaid shall be laid out, located anew,
altered, or Avidened, and no such highway, whether already
or hereafter laid out, shall be constructed by any public
authority, until after the passage of an order therefor, as
provided in section ten of this act, and then only in accord-
ance with the provisions of this act ; and no person or
corporation shall hereafter open for public travel any pri-
vate way into any highway, unless the location, directions,
widths and grades of such private way have been approved
in writing by said board of street commissioners, and by
the mayor ; and neither the city nor any other public
authority shall place any public sewer, drain, water pipe
or lamp in, or do any public work of any kind on, any
private way opened to public travel, contrary to the pro-
visions of this act : j^rov ided , hoivever, that this provision
shall not prevent the laying of a trunk sewer, or a water
or gas main, as engineering demands may require.

Section 4. Section nine of said chapter is hereby
amended by striking out in the thirteenth line of said sec-
tion, the words " first advertisement aforesaid ", and insert-
ing in place thereof the words : — first advertisement of the
first notice given by said board, relating to the plan on
which any part of said estate is shown, — and by striking
out in the fourteenth and fifteenth lines, the words "by
the subsequent establishment or change of the grade of

Acts, 1892. — Chap. 418. 4G7

any highway ", and inserting in phice thereof the words : —
by any subsequent establishment of any grade of any high-
way or by any subsequent change of any grade of any
highway, — so as to read as io\\o\v^ : — Section 9. If {i*,;i,d^"gf
any buildinsr shall hereafter be placed or erected in said erectetut other

. ~, , , , it/> 11- than iirescnbed

City at a grade other than the grade thereior, recorded in grade, not to

the office of the city surveyor, and which the city surveyor ''^''°^®'" ^'"''se.

shall furnish on the request of the owner of the land on

which the building is to be placed, or if any building shall

be placed or erected within the boundaries of any way

shown on any of the plans hereinbefore provided for, after

the filing of the plan as aforesaid, and not removed at the

expense of the owner when required by said board of

street commissioners, no damage occasioned to the estate,

of which the land on which the building was so placed

formed a part at the date of the first advertisement of the

first notice given by said board, relating to the plan on

which any part of said estate is shown, or to any part of

said estate, by any subsequent establishment of any grade

of any highway or by any subsequent change of any grade

of any highway, shall be recovered by, or be paid to, the

owner of the whole or of any part of such estate.

bECTiox 5. Said chapter is hereby amended by strik- ^*^^' ^-^; § ^"^

,,!''•/ ameuaea.

ing out section ten, and inserting in place thereof the fol-
lowing new section : — /Section 10. Whenever said board I'owere and

.o ^_ „., duties of street

ot street commissioners shall be of opinion that any way commissiouers
or strip of land in said city should be laid out as a high- hlghwafs?"
w^a}', or that any highway therein should be located anew,
altered or widened, and constructed bv ffradinfj and cover-
ing with pavement, gravel or other material, or that any
one or more of such actions should be taken, said board
shall proceed in the manner provided at the date of the
passage of this act for laying out highways in said city,
and may with the approval of the mayor, pass an order
providing therein for the carrying out of any one or more
of such actions which they may deem necessary for secur-
ing the land required for such highway, or for constructing
such highway, or for both purposes, and for any part of
such strip, way or highway as lies within any territory
or section of land shown on any plan filed as aforesaid,
land shall be secured and construction made as aforesaid,
only in accordance with the directions, widths and grades
shown on said plan, and for any part which does not so
lie, then as said board, with the approval of the mayor,

468

Acts, 1892. — Chap. 418.

Board to pre-
scribe kind of
surface for
highway, mate-
rials, sizes of
pipes laid, etc.

1891, 323. § 11
amended.

Method of
determining a
parcel of land.

1891, 323, § 14
amended.

Board of street
commiesionera
to determine
assessable cost.

shall deem proper. An}^ person whose property is taken
in carrying out such order may have the same remedies
which are provided at the date of the pas.sage of this act
for a person whose property is taken in laying out high-
ways in said city, except as modified by the provisions of
section nine. Said board of commissioners shall, if it
orders the construction of a highway, prescribe in the
order the kind of surface or pavement for the highway,
the height and width and the materials for the sidewalks
therein, and the sizes and materials for the sewers and
their connections, the water pipes and their connections,
and the gas pipes and their connections to be laid in the
highway, and if the gas company having authority to lay
said gas pipes shall certify the proper sizes and materials
for the gas pipes and their connections, the said board
shall prescribe thereon in accordance with said certifi-
cate.

Section 6. Said chapter is hertby amended by strik-
ing out section eleven, and inserting in place thereof the
following new section: — Section 11. So much of an
estate as lies between the highway as described in the
aforesaid order of said street commissioners, and a line
drawn one hundred and twenty-five feet from and parallel
with the highway, shall, for the purposes of this act, be
deemed a parcel of land ; but if there is another way with-
in less than two hundred and fifty feet of said highway,
and having the same general direction, so much of an
estate as lies between said highway and a line drawn mid-
way between said highway and said other way, shall, for
the purposes of this act, be deemed a parcel of land.

Section 7. Said chapter is hereby amended by strik-
ing out section fourteen, and inserting in place thereof
the following new section : — iSection 14. Said board of
street commissioners shall, after the carrying out of their
order, determine the cost incurred thereby, including the
expenses, as certified to them by the auditor of said city,
of taking land and cf all other doings in any laying out,
locating anew, altering or widening and constructing the
highway, and of the sewers and the laying thereof, and of
all other work and materials furnished by or for the city in
carrying out their order ; shall deduct therefrom the
expenses of the city, as certified by said auditor, for water
pipes, gas pipes and connections and the laying thereof,
and for sewers and connections and the laying thereof,

Acts, 1892. — Chap. 418. 4G9

in excess of four dollars for each and every lineal foot of
sewer, and if the highway as laid out, located anew,
altered or widened is more than fifty feet in width, shall
also deduct such proportion of the said certified expense
incurred in laying out, locating anew, altering or widening
and constructing the highway, as the width of the highway
in feet in excess of fifty bears to the entire width of the
highway in feet, but in case of street widenings when
the highway as widened is more than fifty feet wide, the
deduction shall be of such proportion of such certified
expense of such widening and constructing the highway
as the width of the highway in feet in excess of fifty feet
bears to the total width of the widening of the highway in
feet ; and the remainder of said cost in each case shall be
the assessable cost of the work done under said order.

Section 8. Said chapter is hereby amended by strik- ^^gij^gj'.^^^
ing out section fifteen, and inserting in place thereof the
following new section: — Section 15. The said assess- cost to be
able cost of the work done under said order shall be thrseveraF**"
assessed upon the several parcels of land as defined in ?*''<=«>'«•
section eleven, as they were at the date of the aforesaid
order of said street commissioners, and the amount with
interest, to be paid for each parcel for which the parcel
shall be liable but for which the owner shall not be per-
sonally liable, and for which as a part of the tax thereon
a lien shall attach to the parcel, shall be determined by
said board of street commissioners in accordance with the
proportions in which said board shall determine that the
said parcels of land are increased in value by the aforesaid
order and the carrvins: out thereof. Every such amount Amount

1 11 '11 1 c assessed may

may be revised and corrected by the said board or street be revised by

• . ^ • , , 111 c i ii " Street commis-

commissioners, subject to appeal therefrom to the superior sioners, subject
court to determine such correctness, as is provided in the '"'^ppea'-
case of taxes, from the board of assessors. The cost, if
any are liid by said superintendent of streets, of the gas cost of gas
pipes and connections and the laying thereof, as deter- be''r*epai"d'to°
mined by said auditor, shall be repaid to said city by the co^p^a^n^**
gas company owning the pipes with which the gas pipes
laid in said street are connected.

Section 9. Said chapter is hereby amended by strik- amended.^ ^^
ing out section sixteen, and inserting in place thereof the
following new section : — Section 16, If the amount of the Payment of

n •, 11 ./. I'l iriii' assessable cost,

aforesaid assessable cost roi which any parcel or land arore- etc.
said is liable, determined as provided in section fifteen, is

470

Acts, 1892. — Chap. 418.

not paid before the expiration of one year from the date of
said determination, or if such amount as found by the
court, on an appeal or other suit or proceeding, is not
paid before the last day of May next succeeding the find-
ing of the court, in each case with interest from the date
of the passage of the aforesaid order of said street com-
missioners, at the rate of four and one half per cent, per
annum, the board of assessors of said city shall include a
sum equal to nine per cent, of such amount in the next
and succeeding annual tax bills issued for the tax on the
said parcel, and in the tax bills issued the first year shall
also include interest on the whole of said amount, at the
rate of four and one half per cent, per annum from the
date of the aforesaid order to the last day of October of
the year of the date of such tax bill, and in the tax bills
for each succeeding year shall include one year's interest
on the whole of said amount at the aforesaid rate, and
shall so include such sums and interest until ten such sums
with interest have been paid ; said board shall issue tax
bills for such sums for an}' parcels for which no tax bill
would otherwise be issued. Every such sum in a tax bill
shall be abated, collected and paid into the city treasury,
as if a part of and in the same manner as the city
taxes.

Section 10. Said chapter is hereby amended by
striking out section seventeen, and inserting in place
thereof the following^ new section: — Section 17. The

._ O

assesBabie cost, owner of any parcel of land aforesaid may at any time
pay to said city the balance of the amount of the said
assessable cost for which his parcel is liable, remaining
due after deducting therefrom the several sums, exclusive
of interest, included in tax bills as provided in section
sixteen, with interest on the whole amount assessed at
the rate of four and one half per centum per annum from
the last day of October preceding, to the date of payment,
and his parcel shall then be relieved from further lien and
liability for said cost, or he may at any time pay a part
of said balance, and the board of street commissioners
may then, at their discretion, with the approval of the
mayor, relieve a proportional part of said parcel from
further liability and lien for said cost.

Section 11. This act shall tjike effect upon its passage.

Approved June 16, 1892.

1891, 323, § 17
amended.

Payment of
balance of

Acts, 1892. — Chap. 419. 471

An Act relating to the coxsthuction, maintenance and />t ^iq

INSPECTION OF BUILDINGS IN THE CITY OF BOSTON. -*

Be it enacted^ etc., asfoUoios:

Section 1. There shall be in the city of Boston a Department for
<le|)artiuent, to be called the department tor the inspec- b°u7idrn'g°'. "^
tion of buildings, which shall be furnished, at the expense
of the city, with office room and such supplies for the
transaction of its business as the city council may provide.
The compensation of its officers shall be provided for by
said city by ordinance.

Section 2. The chief officer of said department shall inspfctorof

nil- /• 1 -1 T 11111 • 1 buildings.

be called the inspector ot buildings, and shall be either an
architect, builder or civil engineer, and shall be appointed
by the mayor and confirmed by the board of aldermen.
He shall hold office for the term of three years or until his Term of otuce.
successor shall be appointed and confirmed, but may be
removed by the mayor for malfeasance, incapacity or neg-
lect of duty.

Section 3. The other officers of said department shall Additional

olncers, ap-

consist of a clerk and such number ot assistant inspectors pointmentand

1 . ., . i-u -4. •^ i' !• 4. removal of.

and civil engineers as the city council may from time to
time by ordinance determine. All of said officers shall
be appointed by the inspector, with the approval of the
mayor, and shall hold office during good behavior ; but
may be removed by the inspector, with the approval of
the mayor, for malfeasance, incapacity or neglect of duty.

Section 4. None of the aforesaid officers of the depart- ^ot to be en-
ment shall be employed or engaged in any other business, business, etc*^
or be interested in any contract for building or for furnish-
ing materials to be used for building in the city of Boston.

Section 5. In case of the temporary absence or inspector may
disability of the inspector he may appoint one of the deputy' etc.
assistant inspectors as his deputy, and such deputy shall,
during such absence or disability, exercise all the powers
of the inspector. The clerk of the department shall,
under the direction of the inspector, have supervision and
direction of the other officers and employees of said
department.

Section 6. The inspector shall keep a record of the inspector to
business of said department, submit to the city council a Hnd'make"^
yearly report of such business, ascertain all facts and ^f^f '^ ""^"'^^
make all returns required by law relative to steam boilers,
and enter, if necessary, upon the premises wherein any fire

472

Acts, 1892. — Chap. 419.

Buildings to be
examiued, etc.

Examination
of buildings
damaged, etc.

Records to be
open for inspec-
tion.

Assistant in-
spectors to
attend fires, etc,

Duties of en-
gineers, etc.

I'erniit for
erection of
building not to
be given until
plans, etc.,
have been
inspected.

has occurred, in order to investicrate the origin of the fire.
He may require plans and specifications of any proposed
erections or alterations of buildings, to be filed with him,
and shall grant permits for such erections or alterations,
when in conformity with the requiiements of this act.

Section 7. The inspector or his assistants shall
examine all buildings in the course of erection or altera-
tion, as often as practicable, and make a record of all
violations of this act, with the street and number where
such violations are found, the names of the owner, archi-
tect and master mechanics, and all other matters relative
thereto.

Sectiox 8. The inspector or his assistants shall
examine all buildings reported dangerous or damaged by
fire or accident, and make a record of such examinations,
stating the nature and amount of such damage, the name
of the street and number of the building, the names of
the owner and occupant, and the purpose for which it is
occupied, and in case of fire the })robable origin thereof;
shall examine all buildings for which ap})lications have been
made for permits to raise, enlarge, alter, build upon or
tear down, and make a record of such examination. The
records required by this section shall always be open to
the inspection of the engineers of the fire department or
any officer of the city, and of any other parties the value
of whose property may be affected by the matters to
which such records relate.

Section 9. The assistant inspectors of buildings shall
attend all fires occurring in the districts to which thoy
are respectively assigned ; shall report to the chief or
assistant engineer of the fire department, and present all
information they may have relative to the construction
and condition of the premises on fire, and of the adjoining
buildings.

Section 10. It shall be the duty of the engineers,
upon the request of the inspector or of the board of appeal
hereinafter provided, to make all necessary computations
as to the strength of materials, and to furnish expert assist-
ance with regard to the mode of construction of any
building subject to the provisions of this act.

Section 11. The inspector shall not give a permit
for the erection of any building until he has carefully
inspected the plans and specifications thereof, ascertained
that the building has sufiicient strength, and that the

Acts, 1892. — Chap. 419. 473

nieiins of iiiirress and egress are sufficient. A copy of
the plans and specitications of every public building shall
be deposited in the office of the inspector. The inspector
may require any applicant for a permit to give notice of
the aiiplication to any persons whose interests may be
atioctcd by the proposed work.

Section 12. There shall be in said Boston a board, to Board of
be called the board of appeal from the inspector of build- ''pp®'' •
ings, which board shall consist of three members, to be
appointed as follows: — One person, who shall be ap- Officers,
pointed by the mayor, with the approval of the board of
aldermen, and who shall hold his office for three years
from the date of his appointment. One architect, who
shall be appointed, with the approval of the mayor, by the
Boston chapter of the American society of architects, such
appointment being duly certified by the proper recording
officer of said chapter, and who shall hold his office for
two years from the date of his appointment. One master
builder, who shall be appointed, with the approval of the
mayor, by the Master Builders' Association, such appoint-
ment being duly certified by the proper recording officer
of such association, and who shall hold his office for one
year from the date of his appointment. The terms of the Terms of office.
several members of said board shall be three years each,
after the expiration of the first terms. Any member of Removals.
said board may be removed by the mayor for malfeasance,
incapacity or neglect of duty. Each member of said board
shall be paid by the city a compensation of five dollars for Compensation.
each hour of actual service, but not exceeding one thou-
sand dollars per annum. The reasonable expenses of said
board, including clerical assistance and office expenses if
required, shall be paid by the city of Boston. No mem-
ber of said board shall sit in a case in which he is inter-
ested, and in case of such disqualification, or of the neces-
sary absence of any member, the two other members shall
appoint a substitute. If two or more members are so substitutes.
disqualified or absent, the inspector shall appoint one sub-
stitute, the appellant another, and the two so appointed
shall, if necessary, appoint a third.

Section 13. Any applicant for a permit from the Appeal in case
inspector of buildings required by this act, whose applica- permit by the
tion has been refused, or any person who has been ordered >°^p*''='^°'^' ^*'=-
by the inspector to incur any expense, may within fifteen
days after being notified of such refusal or order, appeal

474

Acts, 1892. — Chap. 419.

Board of ap-
peal, etc., may
enter buildings,
etc.

Buildings not
to be erected
without permit,
etc.

Provisions to
apply to all
buildings, etc.,
except bridges,
wharves, etc.

Certain terms
defined.

from the decision of the inspector by giving to the in-
spector notice in writing that he does so appeal. Any per-
son, the value of whose property may be atiected by work
to be done under any permit granted by the inspector of
buildings, may, within three days after the issuing of such
permit, appeal by giving to the inspector notice in writ-
ing that he does so appeal. All cases in which appeals
have been taken as above provided shall be referred to
the board of appeal, and said board shall, after hearing,
direct the inspector to issue his permit under such condi-
tions, if any, as they may require, or to withhold the
same.

Section 14. Any member of the board of appeal and
any officer of the department for the inspection of build-
ings may, so far as may be necessary for the performance
of his duties, enter any building or premises in the city
of Boston.

Section 15. No building shall be hereafter erected or
altered and no work affecting the strength or fire risk of
any wall, structure or building in the city of Boston shall
be done without a permit from the inspector of buildings
nor except in conformity with the provisions of this act.

Section 16. Every wall, structure, and building here-
after built or altered in said city shall conform to the pro-
visions of this act, except bridges, quays, Avharves, and
buildings belongino; to the orovernment of the United

O DO O

States.

Section 17. In this act the following terras shall have
the meanings respectively assigned to them : — " Altera-
tion" means any change or addition. "Building of the first
class " means building of fireproof construction throughout.
" Buildinor of the second class" means all buildino^s not
of the first class, the external and party walls of which
are of brick, stone, iron, or other equally substantial and
incombustible material. " Buildiiig of the third class"
means any building not of the first or second class.
" Cellar" means a basement or lower story of which one
half or more of the height from the floor to the ceiling is
below the level of the street adjoining. " Foundation "
means that portion of a wall below the level of the street
curb, and where the wall is not on a street, that portion
of the w\ill below the level of the highest ground next to
the wall ; but if under party or partition walls, may be
construed by the inspector to mean that portion below

Acts, 1892. — Chap. 419. 475

the cellar floor. '< Height of a building" means the per-
pendicular distance of the highest point of the roof above
the highest street level of the principal front. " Height
of a wall " means the height from the mean grade of the
sidewalk or adjoining ground to the highest point of the
wall. "Inspector" means the inspector of buildings of
the city of Boston. " Lodging house" means a building
in which persons are accommodated with sleeping apart-
ments, and includes hotels and apartment houses where
cooking is not done in the several apartments. "Party
■wall " means every wall used, or built in order to be used,
as a separation of two or more buildings. " Partition
wall " means any interior wall of masonry in a building.
" External wall " means every outer wall or vertical enclo-
sure of a building other than a party wall. " Repairs"
means the reconstruction or renewal of any existing part
of a building, or of its fixtures or appurtenances, by which
the strength or fire risk is not affected or modified, and
not made, in the opinion of the inspector, for the purpose
of converting the building in whole or in part to a new
one. "Tenement house" means a building which, or
any portion of which, is occupied, or intended to be
occupied, as a dwelling by more than three families
living independently of one another, and doing their
cooking upon the premises ; or by more than two families
above the second floor, so living and cooking. " Thick-
ness " of a wall means the minimum thickness of such
wall.

Section 18. The city of Boston may from time to Mayextend

.. i J. i.ii.u i_*iT T'l • 'J buildidiT limits,

time, by ordmance, extend the buildmg limits in said etc.
city, and may establish other limits in any districts of
said city, and within such limits every building built
after the establishment thereof shall be of the first or
second class, and only the following third class structures
shall be allowed, viz. : The wharves and sheds on wharves
not exceeding twenty-seven feet in height. Sheds not
exceeding the same height to be used for market purposes,
or to facilitate the building of authorized buildings.
Elevators of any height, for the storage of coal and
grain, but all external parts of said sheds and elevators
shall be covered with slate, tile, metal, or other equally
incombustible material, and their mode of construction
and location shall be subject to the approval of the
inspector.

476

Acts, 1892. — Chap. 419.

Stresses of
materials.

STRENGTH OF MATERIALS.

Section 19. The stresses in materials hereafter used
in construction, produced by the calculated strains due to
their own weight and applied loads, shall not exceed the

following : —

Timber.

Stresses in Pounds per Square Inch.

On Kxtreme

Fibre.

Shearing along
Grain.

Compression

Perpendicular to

Grain.

White Pine and Spruce,

White Oak,.

Yellow Pine (long-leaved),

750
1,000

1,250

80
150
100

150
250

250

Stresses due to transverse strains combined with direct
tension or compression, not to exceed extreme tibre
stresses given above.

Deflection. — Modulus of Elasticity

White Pine, .

Spruce,

Yellow Pine (long-leaved),

White Oak, .

750,000

900,000

1,300,000

860,000

For Posts with Flat Ends.

The stresses given in the following table, in which L =
length of post, D = least diameter of post, and S =^ stress
per square inch.

White Pine and Spruce.

Long-leaved

Yellow Pine.

White Oak.

0 tolO

625

0 to 15

1,000

750

10 " 35

500

15 " 30

875

650

85 " 45

375

30 " 40

750

560

45 " 50

250

40 " 45

625

470

45 " 50

500

375

Acts, 1892. — Chap. 419.

477

Wrought Iron and Steel.
Stresses in Pounds per Square Inch.

Extreme fibre stress, rolled beams, and
shapes,

Teusion,

Compression in flanges of built beams.

Shearing,

Direct bearing, including pins and rivets, .

Bending on pins,

12,000
12,000
10,000
9,000
15,000
18,000

16,000
15,000
12,000
10,000
18,000
22,500

Stresses of
materials.

For columns and members acting as such, ten thousand
for iron and twelve thousand for steel, reduced for ratio
of length of column to its least radius of gyration by
approved modern formulas.

Stresses due to transverse strains, combined with direct
tension or compression, not to exceed extreme fibre stress
given above for rolled beams and shapes, or in case of
built members the above tension and compression stresses.

Compression flanges of beams to be proportioned to
resist lateral flexure unless properly stayed or secured
against same.

Deflection. — Modulus of Elasticity.

Iron 27,000,000

Steel, 29,000,000

Stresses for steel are those for *' Medium Steel " having
an ultimate tensile strength of (50,000 to 68,000 pounds
per square inch, an elastic limit of not less than 35,000
pounds per square inch, and a minimum elongation in
eight inches of twenty per cent.

Cast Iron.

Stresses in Pounds per Square Inch.

Extreme fibre stress, tension, ....
Extreme fibre stress, compression.

2,500
8,000

478

Acts, 1892. — Chap. 419.

Stresses of
materials.

For Columns.

The stresses given in the following table, in which L
= length of column in feet, D = external diameter, or at
least side of rectangle in inches, and S = stress in pounds
per square inch.

Round CoLnjiNS.

Kectaxgular Columns.

Square
Faced Bear-
ings.

Round and

Faced
Bearings.

Round
Bearings.

S
Square
Faced Bear-
ings.

Round and

Faced
Bearings.

Round
Bearings.

1.0

8,480

7,870

7,350

8,810

8,320

7,870

1.1

8,210

7,540

6,970

8,600

8,030

7,540

1.2

7,940

7,200

6,590

8,380

7,740

7,200

1.3

7,670

6,870

6,220

8,140

7,450

6,870

1.4

7,890

6,540

5,860

7,910

7,160

6,540

1.5

7,120

6,220

5,530

7,670

6,870

6,220

1.6

6,850

5,910

5,200

7,430

6,590

6,910

1.7

6,580

5,620

4,900

7,190

6,310

5,620

1.8

6,320

5,330

4,620

6,960

6,040

5,330

1.9

6,060

5,060

4,350

6,730

5,780

6,060

2.0

5,810

4,810

4,100

6,490

5,530

4,810

2.1

5,580

4,570

3,870

6,270

6,280

4,570

2.2

6,340

4,340

3,650

6,050

5,050

4,340

2.3

5,120

4,120

3,440

6,830

4,830

4,120

2.4

4,910

3,910

3,250

5,620

4,620

3,910

2.5

4,710

3,720

3,080

5,420

4,410

3,720

2.6

4,510

3,540

2,910

5,230

4,220

3,540

2.7

4,330

3,370

2,760

5,040

4,040

3,370

2.8

4,150

3,210

2,620

4,860

3,870

3,210

2.9

3,980

3,060

2,480

4,680

3,700

3,060

3.0

3,820

2,920

2,360

4,520

3,540

2,920

3.1

3,660

2,780

2,240

4,350

3,390

2,780

3.2

3,520

2,660

2,130

4,200

3,250

2,660

3.3

3,380

2,540

2,030

4,050

3,120

2,540

3.4

3,250

2,430

•1,940

3,910

2,990

2,430

Acts, 1892. — Chap. 419. 479

Stonework.
Stresses in Tons of Two Thousand Pounds per Square Foot.

First qualit\% dressed beds and builds, laid solid in stresses of

, . materials.

cement mortar.

Granite, 60

j\I;irble and limestone, 40

Sandstone, 30

In cases where poorer mortar is used, to avoid stain
from cement, stresses to be less than above, and to be
approved by inspector.

In ashlar faced work, no allowance over strength of
brickwork is to be made for ashlar less than eight inches
thick. For eight inches thick and over, the excess over
four inches shall be allowed.

J^rickti'orJv.
Stresses in Tons of Two Thousand Pounds per Square Foot.

First class work, of hard burned bricks, and including
piers in which height does not exceed six times the least
dimensions, laid in —

(a) One part cement, two parts sand, . . . .15
(6) One part cement, one part lime and eight jjarts

sand, 12

Brick piers of hard burned bricks, in which height is
from six to twelve times the least dimension.

Mortar "a," 13

Mortar " b," 10

Mortar " c," 7

For "light hard" bricks, stresses not to exceed two
thirds of above.

IN GENERAL.

Stresses for materials and forms of same, not herein
mentioned, shall be those determined by best modern
authorities.

480

Acts, 1892. — Chap. 419.

Quality of
materials.

QUALITY OF MATERIALS.

All materials are to be of good quality for the purpose
for which they are to be used, are to conform to le<jal,
trade, and manufacturers' standards, and to be subject to
the approval of the inspector.

Mortar.

Altoration or
repairs.

Third cliss
buildiDgs.

Wooden build-
ings.

First class
buildings.

Mortars.

All mortars shall be made with such proportion of sand
as will ensure a proper deojree of cohesion and tenacity,
and secure thorough adhesion to the material with which
they are to be used, and the inspector shall condemn all
mortars not so made. The following lules must be com-
plied with: — Mortar below level of water shall be no
poorer than one part cement and two parts sand. Mortar
for first class buildinofs shall for one half their heiofht be
no poorer than one part cement, two parts sand, above,
equal parts of cement and lime, and the proper proportion
of sand. Mortar for second class buildings, and for such
parts of third class buildings as are below the level of the
sidewalk, shall be no poorer than equal parts of lime and
cement, with a proper proportion of sand. Mortar for
third class buildings above ground shall be no poorer than
the best lime mortar. Exceptions by the inspector may
be made for mortar used in setting stone where cement
will stain.

Section 20. No alteration or repairs shall be made
on any third class building within the building limits with-
out a permit from the inspector of buildings, and no per-
mit to increase the height or area of any such building
shall be granted. No permit for the alteration or repair
of a third class building within the limits shall be granted
if the amount of the outlay proposed exceeds lilty per
cent, of the cost of renewinor the biiildin<?.

Section 21. No third class building within or without
the building limits shall be moved to any position within
said limits.

Section 22. The city council of said city may by
ordinance make such .requirements, in addition to those
contained in this act, as they may deem expedient in rela-
tion to the erection and alteration of wooden buildinors
outside the building limits.

Section 23. A tirst class buildiiio^ shall consist of
non-inflammable material throughout, with floors con-

Acts, 1892. — Chap. 419. 481

structed i)f iron or steel beams filled in between with lerni
cotta, or other masonry arches, except that wood may be
used for under and upper tloors, window and door frames,
sashes, doors, standing tini.sh, hand rails for stairs, neces-
sary sleepers bedded in concrete, and for isolated furring
blocks bedded in the plaster. There shall be no air space
between the top of any floor arches and the floor boarding,
and no air space behind any woodwork.

Section 24. Every building hereafter erected over BuiicUngs over

,. ^ , . , I 1 1 1 1^ 1 1 • 1 1 • 1 A I ' seventy feet

seventy leet hicrh shall l)e a nrst class buildmg ; and this hiuh lo be tirst
provision shall apply to all buildings hereafter increased '^'*** "' '°^^*
in height to over seventy feet. Every building hereafter
erected or enlarged as a hotel, for the accommodation of °'''*^'*-
transient guests, and containing more than fifty rooms
above the first floor, s-hall be a first class building.

Section 25. No building hereafter erected, except butid^ng°8^
spires of churches, shall exceed one hundred and twenty-
five feet in height. No building shall be hereafter erected
except church spires, of a height greater than two and
one half times the width of the widest street or square on
which it stands ; such width to be measured from the face
of the building to the lawfully established line of the street
on the other side. If the street is of uneven width, the
average width of the part opposite the building shall be
taken. If the efl'ective width of the street is increased by
an area or setback, the space between the face of the main
building and the lawfully established line of the street
may be built upon to the height of twenty feet.

Section 26. Every portion of every structure in proc- support dunng

., ,.''/. .*' ■, '■ ^ consirutlion,

ess 01 construction, alteration, repair or removal, and etc.
every neighboring structure or portion thereof aflected by
such process, or by any excavation, shall be properly con-
structed and sufficiently supported during such process.
The inspector may take such measures as the public safety
requires to carry this section into efi'ect, and any expense
so incurred may be recovered by the city from the owner
ot the defective structure.

Section 27. Where the nature of the ground requires Fomuintion
it, all buildings shall be supported on foundation piles, not p^"-'^'*"^*
more than three feet apart on centres in the direction of
the wall and the number, diameter and bearing of such
piles shall be sufficient to support the superstructure pro-
posed. Buildings over seventy feet in height shall rest,
where the nature of the ground permits, upon at least

482

Acts, 1892. — Chap. 419.

Lowest grade
of floor to be
desigoated by
inspector.

Materials to be
used.

three rows of piles, or an equivalent number of piles
arranged in less than three rows. The inspector shall
determine the grade at which the piles shall be cut. All
piles shall be capped with block granite levellers, each
leveller having a firm bearing on the pile or piles it covers.
The inspector may require any applicant for a permit to
ascertain by boring the nature of the ground on which he
proposes to build.

Section 28. Every building shall have a foundation,
the bearing of which shall be not less than four feet below
any adjoining surface exposed to frost, and such founda-
tion, with the superstructure which it supports, shall not
overload the material on which it rests.

Section 29. The inspector of buildings shall designate
in every permit for the erection of a new building, the
lowest grade at which the floor of the basement story of
such building may l)e laid.

Section 30. Foundations shall be built of rubble,
block granite or brick laid in mortar, as provided in sec-
tion nineteen. Foundation walls of rubble shall not be
used in buildings over forty feet in height, except third
class buildings outside the limits. Where rubble is used,
two thirds of the bulk of the wall shall be built of through
stone, thoroughly bonded No round or boulder stone
shall be used, and if the foundation is on piles, the lower
course shall be of block stone not under sixteen inches
high. Foundations of rubble shall be twenty-five per
cent, thicker than is required for gnniite foundations.
Foundations of block granite shall be at least eight inches
thicker than the walls next above them to a depth of
twelve feet below the street grade ; and for every addi-
tional ten feet, or part thereof, deeper, they shall be
increased four inches in thickness. Foundations of brick
shall be at least twelve inches thick, and at least four
inches thicker than the walls next above them to a depth
of twelve feet below the street grade ; and for every addi-
tional ten feet, or part thereof, deeper, they shall be
increased four inches in thickness. Foundations shall
be thick enough to resist any lateral pressure, and the
inspector may order an increase of thickness for that pur-
pose. The footing shall be of stone or concrete, or both,
or of concrete and stepped-up brickwork, of sufficient
thickness and area to safely bear the weight to be imposed
thereon, and to properly distribute such weight upon the

Acts, 1892. — Chap. 419. 483

surface on which it rests. If of concrete, the concrete
shall not be less than twelve inches thick. If of stone,
the stones shall not be less than sixteen inches in thick-
ness, and at least twelve inches wider than the bottom
width of the foundation walls, and at least twelve inches
wider on all sides than the bottom width of any piers, col-
umns, or posts resting upon them. All footing stones
shall be well bedded, and laid crosswise, edge to edge.
If stepped-up footings of brick are used in place of stone,
above the concrete, the steps or offsets, if laid in single
courses, shall each not exceed one and a half inches ; or
if laid in double courses, then each shall not exceed three
inches.

Section 31. The cellar of every dwelling hereafter cuiiars.
built on tilled or made land, or where the grade or nature
of the ground requires, shall be sufficiently protected from
water and damp by a bed at least two inches thick over
the whole, of concrete, cement and gravel, tar and gravel,
or asphalt, or by bricks laid in cement. The space
between any floor and the cellar bottom shall be well ven-
tilated. Mo cellar or basement floor of any building shall
be constructed below the ffrade of twelve feet above mean
low water : provided^ hoicever, that the board of aldermen proviso.
may, by license, subject to revocation by them at any
time for sufficient reason of public health, authorize cellar
or basement floors to be constructed in buildings, no part
of which is to be used as a dwelling, so much below said
grade as they may designate in such license.

Section 32. All excavations shall be so protected, by Excavations.
sheet piling if necessary, by the persons causing the same
to be made, that the adjoining soil shall not cave in by
reason of its own weight. It shall be the duty of the
owner of every building to furnish, or cause to be fur-
nished, such support that his building shall not be endan-
gered by any excavation : jjrovided, that the owner of Proviso.
any building which is endangered by an excavation car-
ried by an adjoining owner more than ten feet below the
grade of the street, may recover the expense so caused of
supporting such building from the parties causing such
excavatious to be made. All permanent excavations
within the building limits shall be protected by retaining
walls. In case of any failure to comply with the provi-
sions of this section, the inspector may enter upon the
premises and may furnish such support as the circum-

48i

Acts, 1892. — Chap. 419.

Brickwork.

Walls of brick
or stone to be
bonded, etc.

Heading or
bonding.

External and
party walls of
dwelling
houses.

stances may require. Any expense so incurred may be
recovered by the city from the parties required by law
to furnish support.

Section 33. All brickwork shall be of merchantable,
well shaped bricks, well laid and bedded, with well filled
joints, in mortar, as required by section nineteen, and
well flushed up at every course with mortar. Bricks
when laid shall be wet or dry, as the inspector may direct.

Section 34. All walls of brick, stone or other similar
material shall be well built, properly bonded and tied,
and laid with mortar, as required by section nineteen.
The inside four inches of any wall may, upon a special
permit issued by the inspector, lie built of hard burnt,
hollow, clay bricks, of quality and dimensions satisfactory
to the inspector, and thoroughly tied and bonded into the
wall.

Section 35. Every eighth course, at least, of a brick
wall shall be a heading or bonding course, except where
walls are faced with face brick, in which case every eighth
course shall be bonded with Flemish headers, or by cut-
ting the corners of the face brick and putting in diagonal
headers behind the same.

Section 36. The external and party walls above the
foundation of dwelling houses of the first or second class,
hereafter built, not over twenty feet wide, or thirty-three
feet high, or forty feet deep, shall be not less than eight
inches thick. Such walls of dwellings of the first or sec-
ond class hereafter built thirty-three feet or over, but not
over sixty feet high, shall be not less than twelve inches
tbick. Such walls of such dwellings sixty feet or over,
but not over seventy feet high, shall be sixteen inches to
the height of the top of the second floor, and twelve
inches for the remaining height. Such walls of such
■dwellings seventy feet or over, but not over eighty feet
high, shall be twenty inches to the top of the second floor,
sixteen inches to the top of the upper floor, and to within
fifteen feet of the roof, and twelve inches the remaining
height. Such walls of such dwellings of eighty feet or
more in height shall have for the upper eighty feet the
thickness required for buildings between seventy and
eighty feet in height, and every section of twenty-five feet
or part thereof below such upper eighty feet shall have a
thickness of four inches more than is required for the
section next above it.

Acts, 1892. — Chap. 419. 485

Section 37. The external and party walls above the Thickness of
foundation of every building of the first or second class palty waUe'*
hereafter built, other than dwellings, forty feet or less j\^yi,iu''g°
in height, shall be sixteen inches thick to the top of second
floor, and twelve inches for the remaining height. Such
walls of such buildings of forty feet or over, but not over
sixty feet in height, twenty inches to the top of second
floor, sixteen inches the remaining heisht. Such walls of
such buildings of sixty feet or over, but not over eighty
feet high, twenty-four inches to the top of the first floor,
twenty inches to the top of the upper floor, and to within
fifteen feet of the roof, and sixteen inches above. Such
walls of such buildings of eighty feet or more in height
shall have for the upper eighty feet the thickness required
for buildings between seventy and eighty feet in height,
and every section of twenty-five feet or part thereof below
such upper eighty feet shall have a thickness of four inches
more than is required for the section next above it.

Section 38. Vaulted walls shall contain, exclusive of faulted waiis.
withes, the same amount of material as is required for
solid walls, and the walls on either side of the air space
shall be not less than eight inches thick, and shall be
securely tied together with ties not more than two feet
apart.

Section 39. In reckoning the thickness of walls, no in thickness of
allowance shall be made for ashlar, unless it is eight inches a^,Vto°be mTde
or more thick, in which case the excess over four inches forashiw.
shall be reckoned as part of the thickness of the wall.
Ashlar shall be at least four inches thick, and properly
held by metal clamps to the backing, or properly bonded
to the same.

Section 40. External walls may be built in part of ^^y "^'^iJ-if '
iron or steel, and when so built may be of less thickness inpanofiroQ
than is above required for external walls, provided such
walls meet the requirements of this act as to strength,
and provided that all constructional parts are wholly pro-
tected from heat by brick or terra cotta, or by plastering
three quarters of an inch thick, with iron furring and
wiring.

Section 41. In first and second class buildings all fecourdass
party and bearing partition walls above the foundation buildings.
shall be of brick, and no such party or partition wall shall
hereafter be furred with wood, but all such walls shall be
plastered on masonry or on metal lathing.

486

Acts, 1892. — Chap. 419.

Walls to be
twelve inches
from roof
boarding.

ProviBO.

Openings or
recesses.

Tlues, etc.

Supports, etc.

Brick partition
■walls.

Section 42. In buildings hereafter built all party
walls and the partition walls required by this act shall be
built through, and at least twelve inches above or distant
from, the roof boarding, at the nearest point; shall be
entirely covered with stone or metal securely fastened,
and corbelled to the outer edge of all projections : pro-
vided, that a gutter stone of suitable dimensions and
properly balanced may be inserted in place of the cor-
belling.

Section 43. When openings or recesses, or both,
occur in an external wall, or when buttresses are used,
the piers shall be of sufficient strength to comply with
the clauses of this act prescribing strength of materials,
and not less in thickness than is above-specified, and no
other portion of the wall shall be less than twelve inches
thick in buildings under seventy feet in height, or less
than sixteen inches thick in buildings seventy feet or
over in height.

Section 44. No recess, chase er flue shall be made in
any party wall so deep that it will leave the thickness at
the back less than eight inches at any point, and no recess,
chase or flue not vertical shall be made without the spe-
cial permit of the inspector. No vertical recess, other than
flues, in stacks, shall be nearer than seven feet to any
other recess, unless by special permit of the inspector.

Section 45, First and second class buildings hereafter
built shall have floor bearing supports not over thirty feet
apart. These supports may be brick walls, trusses or
columns and girders. Such brick walls may be four
inches less in thickness than is required by this act for
external and party walls of the same height, provided they
comply with the provisions of this act as to the strength
of materials, but in no case less than twelve inches thick.
When trusses are used, the walls upon which they rest
shall be at least four inches thicker than is otherwise
required by sections thirty-six and thirty-seven, for every
addition of twenty-five feet or part thereof to the length
of the truss over thirty feet.

Section 46. Second class buildings hereafter built
shall be so divided by brick partition walls of the thick-
ness prescribed for bearing partition walls and carried
twelve inches above the roof, that no space inside any
such building shall exceed in area ten thousand square
feet, and no existing wall in any second class building

Acts, 1892. — Chap. 419. 487

shall be removed so as to leav'e an area not so enclosed, of
more than ten thousand square feet.

Section 47. All walls of a first or second class build- waii anchors.
ino: meeting at an angle shnll be united every ten feet of
their height, by anchors made of at least two inches by
half an inch wrought iron securely built into the side or
partition walls not less than thirty-six inches, and into
the front and rear walls at least one half the thickness of
such walls.

Section 48. Openings or doorways in party walls or openings,

doorways.

in partition walls required by this act shall not exceed
two in number for each tioor, and the combined area of
such openings on each floor shall not exceed one hundred
square feet. Each opening must be provided with two
sets of metal covered doors separated by the thickness of
wall, hung to rabbeted iron frames, or to iron hinges
in brick or iron rabbets : jjrovided, that this section shall ^^°'"^°-
not apply to theatres.

Section 49. Every column shall rest upon a cap or columns.
plate sufficient to properly distribute the load. Columns
set one above another shall have proper connections. All
bearing parts of columns or plates shall be turned or
planed to true surfaces. The inspector may require col-
umns to be drilled for inspection.

Section 50. Piers and walls shall have caps or plates, Piers and waiia.
where needed, sufiicient to properly distribute the load.

Section 51. All weight bearing metal in first and sec- weight bearing
ond class buildings hereafter built shall be protected by J^cted.^'^^'
brick, terra cotta or plastering on metal laths and furring,
or other incombustible material approved by the board of
appeal.

Section 52. Upright supports in first and second class upright sup-
buildings hereafter erected or altered, of other material p''"' protected.
than brick below the first floor, shall be protected by a
jacket of brick or terra cotta, at least four inches thick,
or by a coating of plaster one inch thick on wire or metal
lathing, or other substantial fireproof material.

Section 53. Partitions supporting floors or roofs shall Partitions sup-

. , 11 porting floors,

rest upon girders, trusses or walls. etc.

Section 54. Where a wall is finished with a stone stone cornices.
cornice, the greatest weight of material of such cornice
shall be on the inside of the face of the wall. All cor- cornices to be
nices hereafter built or replaced shall be of brick or other bulubiema^™"
incombustible material, and the walls shall be carried up ''-''•

488

Acts, 1892. — Chap. 419.

Strength of
floors.

lusppctor's
cortiticate of
weight.

]\oof or floor
timbers.

Wooden floor
or roof beams.

Floor beams to
be tied with
wrought iron
straps, etc.

Wooden
headers or
trimmers.

to the boarding of the roof; and where the cornice pro-
jects above the roof the masonry shall be carried up to
the top of the cornice and covered with metal, like
parapet walls.

Section 55. All new or renewed floors shall be so
constructed as to carry safely the weight to which the
))roposed use of the building will subject them ; but the
least capacity per superficial square foot, exclusive of
materials, shall be: — For floors of dwellings, seventy
pounds. For office floors, one hundred pounds. For
floors of public buildings, one hundred and fifty pounds.
For floors of warehouses, stores, storehouses and mercantile
buildings of like character, factories, drill rooms and rid-
ing schools, two hundred and fifty jiounds.

Section 56. In every building hereafter built or
altered, there shall be posted and maintained in every
room used for mechanical or mercantile purposes, the
inspector's certificate of the weight bearing capacity of
the floor. No part of any floor of such room shall be
loaded beyond its capacity as certified.

Section 57. All roof or floor timbers entering the
same party wall from opposite sides shall have at least
four inches solid brickwork between the ends of said
timbers.

Section 58. The ends of all wooden floor or roof
beams in firt-t and second class buildings shall enter the
W'all to a depth of at least four inches, unless the wall is
properly corbelled so as to give a bearing of at least four
inches, and the ends of all such beams shall be so shaped
or arranged that in case of fire they may fall without
injury to the wall.

Section 59. Each floor in first or second class build-
ings shall have its beams so tied to the walls and to each
other with wrought iron straps or anchors at least three
eighths of an inch thick by one and one half inch wide
as to form continuous ties across the building not more than
ten feet apart. Walls running parallel or nearly parallel
with floor beams shall be properly tied once in ten feet to
the floor beams by iron straps or anchors of the size above-
specified.

Section 60. Every wooden header or trimmer more
than four feet long, carrying a floor load of over seventy
pounds per square foot, shall, at connections with other
beams, be hung in stirrup irons, and joint bolted. All

Acts, 1892. — CiiAr. 419. 489

tail l)eams, and similar beams of wood, shall be framed 'i"'""j«'"'»-
or hung in stirrup irons. All iron beams shall have
proper connections.

Section G1. Cutting for pil'ing or other purposes cutting for
shall not be done so as to reduce the strength of the sup- p'I""^'^"^-
porting parts below that required by the provisions of this
act.

Section 62. No part of any floor timber shall be Floor timber
Mithin two inches of any chimney. No studding or fur- within two
ring shall be within one inch of any chimney. chimney! etc.

Section 63. Every second class building hereafter Fire stop,
built, except as hereinafter provided, shall have a suffi-
cient lire stop at each tioor, covering the whole floor ot
each story through all stud partitions, and extending to
the masonry walls. Every air duct, except those expressly Air duct.
sanctioned by this act, shall be efiectually stopped at
each story. Every such fire stop shall consist of a solid,
air-tight cohesive layer, at least one inch thick, of tile. Material for

c; ./ '_ _ ' ' fire stop

brick, terra cotta or like fire made material, plaster,
cement, cinder or ashes, or of a combination of the
same, or of equally non-inflammable, non-heat conducting
materials laid between the upper and under floors, or
occupying all the space between the timbers under the
under floor : ^J7'Oi'iV7efZ, that all second class buildings here- Proviso.
after erected, of forty-five feet or more in height, which
are used above the first floor as storage stores, warehouses
or stores for the storage and sale of merchandise shall have
a tight s{)lined or tongued and grooved under floor of at
least two inch plank, with an upper floor one inch thick,
matched and breaking joints, and in such buildings fire
stops need not be used. The foot of each partition, and
of each tier of studding or furring, shall be filled solid
between the uprights to the full width thereof, and to the
height of six inches above the floor, with the same incom-
bustibles as above prescribed for fire stops or some com-
bination thereof. The spaces between such parts of floor spaces, etc.
joints as rest upon partition heads shall be filled with the
materials above required. The spaces between stringers
of staircases and joists of landings, unless unceiled, shall
1)6 so stopped with some of the incombustibles above-
mentioned, at three places at least in every flight of stairs,
as to prevent the })assage of air.

Section 64. No part of the roof of any first or second Pitch of roof,

d. ., !• 1 ,' 1 .1 • . V- , 1 • 1 , 1 Strength, etc.

ass building hereafter built over sixty feet high, to be

490

Acts, 1892. — Chap. 419.

Skj lights.

Covering of
roof.

Leaders.

Staging, etc.

Chimn^^ys, etc.

Range and
boiler flues, etc.

used for mercantile, manufacturing or storaofe purposes,
or as a theatre, hotel, apartment house or office buildino^,
shall have a pitch of over twenty degrees. All new or
renewed roofs shall be so constructed as to bear safely,
in addition to the weight of the material, twenty-five
pounds per superficial foot of area covered with proper
additional allowance for a horizontal wind pressure of
thirty pounds per square foot. All thin glass skylights
upon roofs shall be covered by a wire netting, when in
the opinion of the inspector such protection is needed.

Section 65. The roof of every second class building
hereafter built shall be covered with tin, iron, slate,
gravel, composition or like substantial rooting material
not readily inflammable ; if such roof comprises more
than one story, or is over twenty feet in height iu any
part from the nearest floor, such roof shall be of the con-
struction required for first class buildings.

Section 66. All buildings over forty-five feet high
shall have suitable water-tight metallic leaders, and all
buildings shall have leaders sufficient to carry all the
water to the street, gutter or sewer, in such a manner as
not to flow upon the sidewalk, or to cause dampness on
any wall, yard or area.

Section 67. No staging or stand for observation pur-
poses shall be constructed or occupied upon the roof of
any building in said city.

Section 68. No chimney shall be corbelled from a
wall more than the thickness of the wall, nor be hung
from a wall less than twelve inches thick, nor rest upon
wood. All chimneys shall be built of brick, stone or
other incombustible material. Brick chimneys shall have
walls at least eight inches thick, unless terra cotta flue
linings are used, in which case four inches of brickwork
may be omitted. Other chimneys shall have walls at
least eight inches thick, and shall have in addition a lin-
ing of four inches of brickwork, or a terra cotta flue
lining. The inside of all brick flues shall have struck
joints. No wood furring shall be used against or around
any chimney, but the plastering shall be directly on the
masonry or on metal lathing. All chimneys shall be
topped out at least four feet above the highest point of
contact with the roof. No nail shall be driven into the
masonry of any chimney.

Section 69. Flues of ranges and boilers, and other

Acts, 1892. — Chap. 419. 491

similar flues, shall have the outside exposed to the height
of the ceilinof, or be plastered directly upon the bricks.

Section 70. All hearths shall be supported by trim- Hearths, jimbs,
mer arches of brick or stone ; or be of single stones at '^^'^'
least six inches thick, built into the chimney and sup-
ported by iron beams, one end of which shall be securely
built into the masonry of a chimney or an adjoining wall,
or which shall otherwise rest upon incombustible support.
The brick jambs of every fireplace, range or grate open-
ing shall be at least eight inches wide each, and the backs
of such openings shall be at least eight inches thick. All
hearths and trimmer arches shall be at least twelve inches
longer on either side than the width of such openings,
and at least eighteen inches wide in front of the chimney
breast. Brickwork over fireplaces and grate openings
shall be supported by proper iron bars, or brick or stone
arches.

Section 71. Every chimney flue in which soft coal cwmney flues.
or wood is burned shall be carried to a height sufiicient
to protect neighboring buildings from fire and smoke.

Section 72. No smoke pipe shall project through any smoke pipes.
external wall or window. No smoke pipe shall pass
through any wooden partition, without a soapstone ring
of the thickness of the partition, and extending four inches
from the pipe, or a double metal collar of the thickness
of the partition, with a ventilated air space of not less
than four inches around the pipe ; nor shall be placed
within eight inches of any wood unless such wood is
plastered and protected by a metal shield two inches
distant from the wood, in which case the smoke pipe
shall not be less than six inches from the wood. The
tops of all heating furnaces set in brick shall be covered Heating fur-

• 11-1 ii'i 1 1 Daces.

With brick, supported by iron bars, and so constructed

as to be perfectly tight ; said covering to be in addition

to and not less than six inches from the ordinary covering

of the hot air chamber. The tops of all heating furnaces

not set in brick shall be at least eight inches below the

nearest wooden beams or ceiling with a shield of tin plate

made tight, suspended not less than two inches below

such beams or ceiling, and extending one foot beyond the

top of the furnace on all sides. All hot air register boxes Register boxes,

hereafter placed in the floors or partitions of buildings ''^*'"

shall be set in soapstone or equally incombustible borders

not less than two inches in width, and shall be made of

492

Acts, 1892. — Chap. 419.

May be
nioditied.

Protection of
woodwork.

Boilers to be
])laced on non-
curabustible
material, en-
closed, etc.

Exterior parte
to be incom-
bustible.

Outside open-
lugs to be
protected.

Shutters to be
made of fire
resisting mate-
rial.

tin plate, and have double pipes and boxes properly fitted
to the soapstone. Hot air pipes and register boxes shall
be at least one inch from any woodwork, and register
boxes fifteen inches by twenty-five inches, or larger, and
their connecting pipes shall be two inches from any wood-
work. The requirements of this section may be modi-
fied or dispensed with by the inspector, in first class
buildings.

Section 73. No woodwork shall be placed within one
inch of any metal pipe to be used to convey heated air or
steam, unless such pipe is protected by a soapstone or
earthen ring or tube, or a metal casing.

Section 74. Ko boiler to be used for steam or motive
power, and no furnace, shall be placed on any floor above
the cellar floor, unless the same is set on non-com-
bustible beams and arches, and in no case without a
permit from the inspector. Every steam boiler in a
building to be used for office, mercantile or manufactur-
ing purposes, or to be used as a lodging or tenement
house, shall be enclosed in a fireproof room of brick, terra
cotta, stone, iron or other similar incombustible material,
with openings closed by metal covered doors, hung to
rabbeted iron frames, or to iron hinges in brick or iron
rabbets. No range, stove, oven or boiler shall be used
for cooking in a hotel or restaurant, or for manufacturing
purposes, until the same has been examined and approved
by the inspector.

Section 75. In every second class building hereafter
erected, all exterior parts more than forty-five feet above
the sidewalk, except window frame sashes and blinds,
shall be made of metal, stone, brick or other equally
incombustible material.

Section 76. Outside openings of the classes herein-
after specified, in any first or second class building of
more than one story in height, hereafter built or altered,
and containing above the first story any room of over six
hundred feet area, used for any purpose, except d(jmes-
tic cooking, of greater fire risk than offices, countingrooms
and dwelling rooms, shall be protected by shutters. Such
shutters shall be covered on both sides with tin or made
of other substantial fire resisting material, and hung on
the outside, if practicable, and otherwise on the inside
either upon independent iron frames, or upon iron hinges
rabbeted to the masonry, and made to be handled from

Acts, 1892. — Chap. 419. 493

the outside. The above requirement shall appl}^ to any
opening in any such building, which opening is above and
within thirty feet of the roof of another building, or
within thirty feet of another opening in an opposite wall,
or in a wall the outside face of which diverges at an angle
of less than one hundred and thirty-five degrees from the
outside face of the wall in which the opening is and leaves
an open space between the openings and out&ide of the
walls.

Section 77. Elevators or hoists for freight which do Elevators for
not pass the ceiling of the first story may be constructed ^'"'^'g''*' «^<=-
without fireproof enclosures above the basement. In ex-
isting buildings or in buildings hereafter erected in com-
pliance with this act, freight and passenger elevators
without fireproof enclosures may be placed in areas or
hallways which are continuous and unbroken, no part
lieing separated from another part by an intervening floor :
provided, that no additional draft of air is thereby created. Provisos.
In such buildings such elevators may pass through the
first floor of any area or hallway : provided, a fireproof
enclosure be carried up to the first floor. Except as
above provided, all shafts hereafter built for elevators, shafts, etc.
hoists, dumb-waiters, lifts, light and ventilating shafts or
other air ducts, shall be constructed of, and if they do not
pass the upper floor, their tops shall be covered with some
substantial material not inflammable. All such shafts
which pass the top floor shall be carried at least eighteen
inches above the roof and be covered with a skylight.
Such shafts already constructed, except lifts twenty-eight
inches square, or of less area and except in dwelling
houses to be occupied by not more than one family, shall
be lined with tin or plastered on wire lathing, or other-
wise rendered non-inflammable on the inside. Such shafts
hereafter built for freight and passenger elevators shall
be of brick at least eight inches thick, or of metal covered
on both sides with at least one inch of plaster applied
immediately to the metal, or with .'•ome other equally sub-
stantial non-inflammable non-conducting material. Every
entrance opening in a shaft or hoistway within two and fjj^a^Ttc *°
one half feet above the floor shall be protected by suffi-
cient rails, gates, trapdoors or such other device as shall
be equivalent thereto. Every elevator shall be provided
with some sufficient arrangement to prevent the falling of
the car in case of accident. Overhead elevator machinery Elevator

machinery.

494

Acts, 1892. — Chap. 419.

Outside
windows of
elevator shaft.

Elevator not to
be used until
approved.

Warning, etc.

Certificate of
safety.

Permanent
means of acoess.

Means of egress
in case of tire.

Regulations for
ways of egress
from buildings
of more than
two stories
high.

shall have underneath it a grille sufficient to protect the
car from falling material. Every opening into an elevator
shaft or hoistway, and every opening through a floor other
than a stairway, shall be closed when not in use. All
inside elevator shaft openings, other than openings in
passenger elevator shafts, shall be lurnished with metal
covered doors hung to rabbeted iron frames, and shall
have iron thresholds, and said doors shall be kept closed
when not in use. Outside windows or openings of every
elevator shaft shall have three vertical iron bars painted
red, equally dividing the opening. Every part of any
elevator not enclosed in a shaft shall be protected by a
wire grille.

Section 78. No elevator shall be used in any build-
ing until after written approval by the inspector.

Section 79. In case any freight or passenger elevator
is not constructed and furnished in compliance with this
act, or has become unsafe, the inspector shall post a con-
spicuous warning and prohibition at each entrance to such
elevator. It shall thereafter, until a new written permit
is given by the inspector, be a penal offence hereunder to
operate said elevator, or remove or deface said notice.
No freight or passenger elevator shall be operated for
more than six months after the date of the inspector's per-
mit, unless a certificate signed by some elevator builder
that the elevator is safe and in good order has been fur-
nished within six months, and is posted in the car or at
the entrance.

Section 80. All buildings over twenty feet high shall
have permanent means of access to the roof from the
inside. The opening shall be not less than eighteen
inches by thirty inches.

Section 81. Every building hereafter built, and every
building occupied by more than one family, shall have,
with reference to its height, condition, construction, sur-
roundings, character of occupation, and number af occu-
pants, one or rgore safe means of egress in case of
tire.

Section 82. Every schoolhouse two stories or more
high, every church, theatre, public building, hall, place
of assembly or resort, every building occupied above the
second story by two or more families, or as a tenement,
boarding or lodging house, or as a factory or workshop,
where ten or more persons are employed, shall have at

Acts, 1892. — Chap. 419. 495

least two independent ways of egress, each accessible from
each apartment, and one of which shall be enclosed in
brick walls, shall have no interior openings other than the
doors of the apartments from which it is an exit, and shall
be })rovided with a ventilating skylight which can be oper-
ated from the lower hall. AH ways of egress from every
l)uilding shall be kept in good repair. No obstruction
shall be placed upon any way of egress from any building.
The insi>ector may permit stairways built for the purpose May permit
of complying with this section to project over public ways. s'a""*^^J«-

Section 83. Any owner or lessee responsible for the owner, etc.,
condition of a building shall be entitled to a certificate, or ^fflcafet etc!"'
if the original has been issued, an exhibition of the dupli-
cate thereof on the inspector's records, to the effect that his
building is provided with safe means of egress, if and
whenever such is the case in the inspector's opinion.
Any tenant of or person employed in any private build-
ing, and, in the case of any public building or public
school, any citizen of Boston shall be entitled to an exhi-
bition of the inspector's record, and if no certificate has
been issued may apply to have a certificate or order
issued.

Section 84. No explosive or inflammable compound ExpiosueB, etc.
or combustible material shall be stored or placed under
any stairway of an^^ building, or used in any such place
or manner as to obstruct or render egress hazardous in
case of fire.

Section 85. The platforms, landings and stairway strength of fire
steps of every fire escape shall be strong enough to carry m^"^^ landinge,
a load of seventy pounds to the square root in addition to
the weight of material.

Section 86. Except as provided in section eighty-two. Bay windows.
no bay window or other structure shall be placed upon
any building so as to project over any public way or
square, without the permission of the board of aldermen
given after due notice and hearing, and then only in such
manner as shall be approved by the inspector.

Section 87. P^very structure and part thereof, and ^*u"'=^'^n^*g"oug
appurtenance thereto, within the city of Foston, shall be
so constructed and maintained in such repair as not to be
dangerous, and the owner of any premises within said
city, upon notice from the inspector that such premises
are dangerous, shall forthwith remedy the cause of danger
by removal or repair. In case public safety requires

496

Acts, 1892. — Chap. 419.

Appeal.

Unsafe build-
ings.

Changes, altera-
tions, etc.

Assembly halls
aud theatres.

Exits.

Frontage, side
passages,
lobbies, etc.

immediate action, the inspector may forthwith, by repair
or temporary protection, })revent danger ; or may, subject
to appeal as provided for in section thirteen, remove the
dangerous structure ; and his reasonable and necessary
expenses may be recovered by the city of Boston of the
owner.

Section 88. Any building which, by defect, accident,
decay or overloading, is unsafe, shall be vacated forthwith
if and when the inspector shall so order, notwithstanding
an appeal from such order be pending. The inspector
shall affix and maintain on the exteri(jr of every such
building a conspicuous notice of its character. The
removing or rendering illegible of such notice shall be a
penal otfence hereunder.

Section 89. In case of any change, alteration or addi-
tion not in the nature of ordinary repairs, renewals or
restorations, being required under the terms of this act
upon a building wholly or partly under lease containing
no provision for such a case, the owner shall pa}' the
expense, and may collect of the lessee an additional rent
for the portion so leased equal to eight per cent, per
annum on that proportion of the sum paid which the
leased portion l^ears to the whole building.

Section 90. Every building hereafter so built or
altered as to contain an audience or assembly hall, capable
of holding eight hundred persons or more, and every
theatre hereafter built, shall be a first class building. In
all theatres hereafter erected, the level of the stage above
the street level shall not exceed five feet. The audience
hall and each compartment, division and gallery of every
such building shall respectively have at least two indepen-
dent exits, as far apart as may be. Every such exit shall
have a width of at least twenty inches for every hundred
persons which the hall, compartment, division or gallery
from which it leads is capable of containing : provided,
that two or more exits of the same aggregate width may
be substituted for either of the two exits above required.
JS'one of the exits above required shall be less than five
feet wide.

Section 91. Every building of the classes referred to
l)y section ninety hereafter built shall have a frontage as
wide as the widest part of the auditorium or assembly
hall, including side passages or lobbies, the whole width
and height of which frontage shall be upon a street, court,

Acts, 1892. — Chap. 419. 497

passageway or area open to the sky, and at least thirty
feet wide opposite the entire frontage. Such court,
passageway or area shall have an unobstructed way at
least thirty feet wide, either through a first class building
without openings into any second or third class building,
or wholly open to the sky, connecting it with a public
street at least thirty feet wide There shall be at least
one exit on this front which shall be in no case less than exus.
five feet in width, and of such greater width as an allow-
ance of twenty inches for each one hundred persons which
the building may at any time contain will in the aggre-
gate require. There shall be another independent exit of
the same capacity, or independent exits of the same aggre-
o;ate capacity, either through a first class building
without openings into any second or third class building,
or through a passageway open to the sky. All doors shall fj°°/,t'aylt'eic.
open outward, and shall not be so placed as to reduce the
width of the passage above required. All aisles, stair-
ways and passages in such buildings shall be of even or
increasing width toward the exit, at least seven feet high
throughout, without obstruction below that height, prop-
erly arranged for the easy egress of the audience, and of
a width in respect of each division, gallery or compart-
ment, computed according to the al)ove rule. No aisle
or passage in such buildings, rising toward its exit,
except stairways from story to story and necessary steps
in galleries and balconies, shall have a gradient within the
auditorium of more than two in ten, nor elsewhere of
more than one in ten.

Section 92. In buildings of the classes referred to in stair stringers,
section ninety hereafter built, the cut of the stair stringers ^'^'
shall not exceed seven and one half inches rise, nor be
less than ten and one half inches tread. No winders shall
be less than seven inches wide at the narrowest part.
There shall be no flights of more than fifteen or less than
three steps between landings. Every landing shall be at Landings.
least four feet wide from step to step.

Section i>3. All stairs and landings of all buildings stairs, etc.
of the classes referred to by section ninety hereafter built
shall have throughout proper hand rails on both sides
firmly secured to walls, or to strong posts and balusters.
Stairways twelve feet or more wide shall have one or more
intermediate rails not more than eight feet apart and
properly supported.

498

Acts, 1892. — Chap. 419.

Boilers, etc.

Lights for
pasiiages, etc.

Exits to be
opened.

Seats not
allowed in
aisles, etc.

-Stage of theatre.

Openings.

Scenery, etc.

Lobbies.

Section 94. No boiler, furnace, engine or heating
apparatus, except steam or hot air pipes and radiators,
shall be located under the auditorium nor under any pas-
sage or stairway of any exit of any building of the classes
referred to by section ninety.

Section 95. The lights for the rear of the auditorium,
and for all passages and stairways of exits of every build-
ing of the classes referred to by section ninety hereafter
built, shall be independent of the lights of the rest of the
auditorium and of the platform or stsjge, and shall be so
arranged that they cannot be turned down or oft' from the
platform or stage.

Section 96. All exits from every building of the
classes referred to by section ninety shall be opened for
the use of every departing audience ; and shall have
fastenings on the inside only. Plans showing the exits
and stairways shall be printed on every programme or
playbill.

Section 97. No temporary seats or other obstructions
shall be allow^ed in any aisle, passageway or stairway of
a building of the classes referred to by section ninety,
and no person shall be allowed to remain in iiny aisle,
passageway or stairway of any such building during any
performance.

Section 98. The stage of every theatre hereafter
built shall be separated from the auditorium by a brick
wall sixteen inches thick, which wall shall extend the
entire width and height of the Iniilding, and two feet six
inches above the roof, like a party wall. There shall be
no openings through this wall except the curtain opening,
and not more than two others which shall l)e located at or
below the level of the stage ; these latter openings shall
not exceed twenty-one superficial feet each, and shall have
tinned wood self-closing doors, securely hung to rabbeted
iron frames or rabbets in the brickwork. The finish or
decorative features around the curtain opening of every
theatre shall be of incombustible materials, well secured
to masonry. All scenery, curtains and woodwork of the
stage of every theatre shall be thoroughly covered, and,
if practical)le, saturated with fire resisting material. No
fixed portion of the stage shall be of wood.

Section 99. There shall be lobbies adjoining each
division of the auditorium of every theatre hereafter built,
separated therefrom by a partition of brick or other equally

Acts, 1892. — Chap. 419. 499

incombustible material, and sufficiently large to furnish
standing room for all persons that such division may at
any time contain. There shall be no openings in such
partition except such as are required by section ninety,
and such openings shall not be more than eight feet high.

Section 100. The proscenium or curtain opening of rroscenium

iiiir" •• .^..° curtain.

every theatre shall have a fire resisting curtain ot incom-
bustible material, reinforced by wire netting, or otherwise
strengthened. If of iron, or similar heavy material, and
made to lower from the top, it shall be so contrived as to
be stopped securely at a height of seven feet above the
stage floor; the remaining opening being closed by a cur-
tain or valance of fire resisting fabric. Such curtain shall
be raised at the beginning, and lowered at the end of each
and every performance, and shall be of proper material,
construction, and mechanism.

Section 101. All scene docks, carpenter or property scene docks,
shops and wardrobes of every theatre hereafter built shall *'"^'
be separated from the stage, auditorium and dressing room
divisions by solid brick w^alls, not less than twelve inches
thick, with no openings to the auditorium or dressing
room divisions: and all openings to the stage shall have stage openings.
tinned wood self-closing doors, securely hung to rabbets
in the brickwork.

Section 102. All rooms in theatres for the use of per- Rooms, gas-
sons employed therein shall have at least two independent ''^''^^'
exits. All stage gaslights shall be protected by proper
nettings.

Section 103. There shall be one or more ventilators ventilators.
near the centre and above the highest portion of the stage
of every theatre, equal in combined area of opening to
one tenth of the area of stage floor. Every such venti-
lator shall have a valve or louver so counterbalanced as to
open automatically, and shall be kept closed, when not in
use, by a cord reaching to the prompter's desk, and readily
operated therefrom. Such cord shall be of combustible
material, and so arranged that if it is severed the ventila-
tor will open automatically.

Section 104. There shall be at least two two inch ^^"^^.''j.'jP^*'
high service standpipes on the stage of every theatre, with
ample provision of hose and nozzles at each level of the
stage on each side, and the water shall be kept turned on
during the occupation of the building by any audience.
The said pipes shall have two gates, one above the other,

500

Acts, 1892. — Chap. 419.

Halls, etc., to
be ventilated.

Buildings occu-
pied by more
than one family
not to have
closets under-
neath first story
staircase.

Exterior walls
of lodging
houses.

Tenement and
lodging houses
to have open
epaces, etc.

with a proper test or wa.ste valve ; the lower gate to be
kept open at all times. The proscenium opening of every
theatre shall be provided with a two and one half inch
perforated iron pipe or equivalent equipment of automatic
or open sprinklers, as the inspector may direct, so con-
structed as to form when in operation a complete water
curtain for the entire proscenium opening, and there shall
be for the rest of the stage a complete system of fire
apparatus and perforated iron pipes, automatic or open
sprinklers. Said pipes or sprinklers shall be supplied
with water by high pressure service, and be at all times
ready for use.

Section 105. Every hall, auditorium or room of every
building hereafter erected for or converted to use as a
schoolhouse, factory, theatre or place of public assembly
or entertainment shall have in continuous operation while
occupied a system of ventilation so contrived as to pro-
vide fifty cubic feet per minute of outer air for each light
other than an electric light for each occupant.

Section 106. Every building in the city of Boston
hereafter built, any portion of which is to be occupied
above the second story by more than one family, shall be
a first or second class building, and every building here-
after erected or enlarged, to be occupied as a lodging
house, a tenement house or dwelling house, of five stories
or more in height, shall have the basement and first story
constructed in the manner provided for a first class build-
ing in section twenty-three of this act, and in such build-
ings no closet shall be constructed underneath the first
story staircase.

Section 107. The exterior walls of every building
hereafter erected for or converted to use as a tenement or
lodging house, and not having an exposure on an open
space, street, court or passageway more than twenty feet
in width, shall not exceed thirty feet in height.

Section 108. No building hereafter erected for or
converted to use as a tenement or lodging house, and no
building hereafter enlarged for said purposes shall occupy
above the level of the second fioor more than three fourths
of the area of the lot measured to the middle line of the
street or streets, or passageways, on which it abuts.
Every such building shall have on at least two exposures
on land of the owner or as part of public wa3's, open
spaces of at least ten feet in width, which spaces shall

Acts, 1892. — Chap. 419. 501

have an aggregate length of one foot for every twenty-five
square feet of superticial area actually occupied by the
building. Such spaces shall be open to the sky, and
shall remain undiminished so long as the building is occu-
pied as a tenement or lodging house.

Section 109. Every existing tenement or lodging sleeping rooms
house shall have in every sleeping room, not communicat- windows""^''™
ino; directly with the external air, two ventilatinof or tran-
som windows of not less than six scjuare feet area each,
one opening into another room or passage having an
external window of not less than six square feet area,
with movable sashes. Xo transom window shall be placed
in a partition wall enclosing a main stairway.

Section 110. Every room in every tenement or lodg- neightof
ing house hereafter built, and in every building hereafter raemho°usesr
altered to be used as such, shall be not less than eisfht ®"'"
feet in height in the clear in every story, except that in
the attic it may be less than eight feet high for one half
the area of the room. Every such room shall have one
or more windows on an open air space with an area at Open air space.
least one tenth as great as that of the room. The top of
at least one window on such air space in each room shall
be at least seven feet six inches from the floor, and the
upper sash of the same window shall be movable.

Section 111. No building of which any part is used Buildings used
tor storage or sale ot hay, straw, hemp, flax, shavings, combusubie

b(j • 1 i ,• 1 • /I i"i materials not to

urning fluid, turpentine, camphene or any inflammable be used as

oil, or other highly combustible substance, shall be occu- '^''«"'"««-
pied in any part as a dwelling, tenement or lodging house,
except that rooms for coachmen or grooms may be allowed
in private stables authorized by this act, upon special per-
mit from the inspector.

Section 112. All receptacles for ashes, waste and Receptacles for
other substances, liable, by spontaneous combustion, or
otherwise, to cause a tire shall be made of incombustible
material satisfactory to the inspector. Every building
used as a tenement or lodging house shall have outside
and appurtenant to it a suitable space satisfactory to the
inspector for the temporary deposit of garbage and other
refuse matter.

Section 113. Every lodging house containing over watchman.
fifty rooms above the first floor, and every tenement house
containing more than fifty sleeping rooms above the first
floor, shall have at least one night watchman exclusively

502

Acts, 1892. — Chap. 419.

Automatic fire
alarms.

Red light,
goDgs, etc.

Penalty.
■Water-closets.

Stables not to
be bnill with-
out consent of
mayor and
aldermtQ, etc.

SO employed on duty every night from nine o'clock at
night until six o'clock in the morning ; and every lodging
house of the second or third class containing more than
one hundred rooms above the first floor, and every tene-
ment house containing more than one hundred sleeping
rooms above the first floor, shall have at least two night
watchmen exclusively so employed on duty every night
from nine o'clock at nis^ht until six o'clock in the morninsf.
But in the latter class of lodging and tenement houses, a
proper system of thermostats, or automatic fire alarms,
approved in writing by the inspector, may be substituted
for one of the watchmen. In all lodg^ino^ or tenement
houses of either of the above classes a red light shall be
kept burning at night at the head and foot of every flight
of stairs, and one or more gongs shall be so placed, and
be of such size and number, as to give the alarm through-
out the house in case of fire ; and in every sleeping room
there shall be conspicuously posted directions for escape in
case of fire. The inspector may make such other or further
requirements for prevention of and escape from fire as
may be reasonably necessary under the conditions of each
case. Any innholder who fails to comply with the pro-
visions of this section shall thereby forfeit his license.

Section 114. Every dwelling, tenement or lodging
house, every schoolhouse, and every building w^here
operatives are employed, shall have at least one water-
closet or privy, and at least one water-closet or privy
for every twenty persons therein living, attending or
employed ; and in buildings where operatives of both
sexes are employed, separate accommodations shall be
furnished for men and women. Privies or cesspools shall
not be allowed where a sewer makes water-closets prac-
ticable. Every water-closet in every building hereafter
erected for, or converted to use as a tenement house,
family hotel or apartment house, shall have a window on
the open air.

Section 115. No building, any part of which is within
the limits or within forty feet of the property of any
adjoining owner, shall be erected for or converted to use
as a stable, without the consent of the mayor and alder-
men after public hearing had, after written notice to the
adjoining owners, and after public notice published at
least three times, and at least ten days before the hear-
ing, in at least two newspapers published in Boston.

Acts, 1892. — Chap. 419. 503

Section 116. No o:rain elevator, or building for the oraiu elevators,
storino; or manufacture of high combustibles or explosives, '"*^"
or for chemical or rendering works, shall be erected, and
no engine, dynamo, boiler or furnace, except exclusively
for the heating of, or to raise levators in the building in
which it is, shall be placed in any building without a per-
mit issued under the provisions of the following sections.

Section 117. Every application for a permit required ^'fj™i!fg*° ^^^
by section one hundred and sixteen, shall be tiled with
the inspector in writing, and shall set forth the location
and character of the building, the size, power and pur-
pose of the apparatus, with such further information as
the inspector may require.

Section 118. Every such application shall be l^ub- ^\PJ;|j'^f>J°^j^°
lished in at least two daily papers published in Boston, etc.
and at least three days in each ; and the applicant shall
also, if so directed by the inspector, conspicuously post
on the premises a copy of an application, and deliver
copies thereof to such persons as the inspector may
direct, and shall file an affidavit with the inspector that
the notice required has been duly given. If no objection
is filed with the inspector before the expiration of ten
days from the time of the first publication of notice, or
within ten days of the delivery and first posting of notice
if required, the inspector shall, if the arrangement, loca-
tion and.construction of the proposed apparatus is proper,
and in accordance with the terms of this act, issue a per-
mit for the same. But if such objection is filed, the
application shall be referred to the board of api)eal, the
chairman of the board of health, and the chairman of the
board of fire commissioners, together sitting; as a com-
mission, or such members of said boards respectively as,
in case of the absence or disabilty of the chairman, the
standing members of the board of appeal, or their duly
appointed substitutes, shall in each case appoint. The
two members of said commission sitting with the board
of appeal shall receive the same compensation as the
members of that board.

Section 119. Said commission shall in each case inspector to
cause due notice to be given to all parties of the time and i^fter headng,
place of hearing, and after hearing the parties shall ^^•=-
authorize the inspector to issue a permit, under such con-
ditions as maybe prescribed by said commission, or to
withhold the same. If the permit is refused, the appli-

504

Acts, 1892. — Chap. 419.

Business of

pliimbicg

regulated.

Work subject
to approval
of inspector.

To be connected
with public
sewer.

Pipes not to be
covered until
approved.

Work to be
tested.

Drain and
ventilating
pipt-s.

Weight.

cant, and if it is granted, the objectors, shall pay such
costs as the commission may determine.

Section 120. No person shall cany on the business
of plumbing unless he is a plumber and shall have tirst
registered his name and place of business in the office of
the inspector of buildings ; and notice of any change in
the place of business of a registered plumber shall be
immediately given to said inspector.

Section 121. Every plumber, before doing any work
in a building shall, except in the case of the repair of
leaks, file at the office of the said inspector, upon blanks
for that purpose, a notice of the work to be performed ;
and no such work shall be done in any building without
the approval of said inspector.

Section 122. The plumbing of every building shall be
separately and independently connected with the public
sewer, when such sewer is provided, or with a proper and
sufficient diain connected thereto outside of the building;
and if a sewer is not accessible, with a pro})er cesspool.

Section 128. Pipes and other fixtures shall not be
covered or concealed from view until approved by the
inspector, who shall examine the same within two work-
ing days after notice that they are read}'" for inspection.

Section 124 lMuml)ing work shall not be used unless
the same has first been tested in the presence of the
inspector with the water test, or if that is not practicable,
with the peppermint or other reliable test, and ap[)roved
by him in writing.

Section 125. Drain and connecting ventilating pipes
shall be of sufficient size, and made of cast iron within the
building, and for a distance of at least ten feet outside,
except that lead pipes may be used for short connections
exposed to view. Such pipes shall be of uniform thick-
ness throughout, and shall have an avera2:e weiij^ht not less
than that below specified, viz. : —

2-inch pipe,
3-ineh pipe,
4-inch pipe,
0-inch pipe,
6-iuch pipe,
8-inch pipe,
10-inch pipe,
12-inch pipe,

5 1 poimds
9i pounds
13 i^oiinds
17 pounds
20 pounds
331 pounds
45 pounds
54 jDounds

per foot,
per foot,
per foot,
per foot,
per loot,
per foot,
per foot,
per foot.

How secured.

Drainpipes shall be properly secured by irons to walls,
laid in trenches to uniform grade, or suspended to floor

Acts, 1892. — Chap. 419. 505

timbers by strong iron hangers. Every drainpipe shall
be supplied with a suitable trap, placed with an accessible
clean-out, at or near the point where it leaves the building,
and shall have a proper fall. Drainpipes shall be carried
above the roof open and undiminished in size, and to a
sufficient height not less than two feet above the roof, and ^p^]"^ "'^"^^
not less than five feet above the top of any window within
fifteen feet. Changes in direction shall be made with
curved pipes, and all connections with horizontal or
vertical pipes shall be made with Y branches. All drain-
pipes shall be exposed to sight where practicable within To be exposed
the building, and shall not be exposed to pressure where *°*^ '"
they pass through walls. Every part of every drainpijje
below a cellar floor shall be laid in a brick trench with a
concrete base, and shall be accessible through sufficient
unattached covers.

Section 126. Rain water leaders when connected with Rain water
soil or drainpipes shall be suitably trapped.

Section 127. Iron pipes used in plumbing shall, LXd'Pfd'" ''^
before being put in place, be first tested by the water or coated, etc.
kerosene test, and then coatqd in.-ide and out with coal
tar pitch, applied hot, or with paint, or with some equiva-
lent substance. Joints shall be run full with molten lead,
and thoroughly calked and made tight. Connections of
lead pipes with iron pipes shall be made with brass fer-
rules, properly soldered and calked to the iron.

Section 128. The waste pipe of each and every sink, waste pipes to
basin, bath tub, water-closet, slop hopper, and of each set ^ ^"^^^ '
of trays or other fixtures, shall be furnished with a sepa-
rate trap, which shall be placed as near as practicable to
the fixture that it serves. Traps shall be protected from
siphonage or air pressure by special cast iron air pipes of
a size not less than the w\aste pipes they serve placed
outside or below the trap. Lead air pipes may be used
only where they are exposed to view. Air pipes for Air pipes for
water-closet traps shall be of two inch bore if thirty feet "^*^*"
or less in length, and of three inch bore if more than thirty
feet in length. Air pipes shall be run as direct as practica-
ble. Two or more air pipes may be connected together
or with a drainpipe ; but in every case of connection with
a drainpipe such connection shall be above the upper fix-
ture of the building.

Section 129. Drip or overflow pipes, from safes Briporover-
under water-closets and other fixtures, or from tanks or '^^p'p*"-

506

Acts, 1892. — Chap. 419.

Water for
closets; how
supplied.

Privy vault.

Bteam exhaust.

Water pipes to
be protected.

Grease trap.

Ordinances to
remain in force
until amendud,
etc.

Officers to con-
tinue in office,
etc.

Courts to en-
force provisions
of law and may
issue injunc-
tion.

cisterns, shall be run to some place in open sight, and in
no case shall any such pipe be connected directly with a
drainpipe. No waste pipe from a refrigerator, or other
receptacle in which provisions are stored, shall be con-
nected with a drainpipe or other waste pipe.

Section loO. Every water-closet, or line of water-
closets on the same floor, shall be supplied with water
from a tank or cistern, and shall have a flushing pipe of
not less than one inch in diameter ; but this requirement
shall not apply to water-closets substituted for vaults,
where the same are located outside of the building proper ;
and such water-closets may be arranged so as to receive
their supply directly from the main, with proper fixtures
approved by the inspector, the water board, and the board
of health.

Section 131. Every privy vault shall be of brick and
cement, of a capacity not less than eighty cubic feet, of
easy access, convenient to open and clean, and made tight.
The inside shall be at least two feet from the next lot, and
from any public or private way.

Section 132. No steaip exhaust shall be connected
with any public sewer or with any soil or waste pipe or
drain which communicates with a public sewer.

Section 133. Water pipes in exposed places shall
be properly protected from frost.

Section 134. A grease trap shall be constructed under
the sink of every hotel, eating house, restaurant or other
public cooking establishment so as to be easily accessible
for inspection and cleaning.

Section 135. All ordinances and parts of ordinances
of the city of Boston now in force relating to the building
limits and the inspection and survey of buildings shall
remain in force until amended or repealed by said city.
Said city may, by ordinance, regulate the management
and inspection of elevator hoistways and elevator shafts
in said city. The ofiicers of the department for the in-
spection of buildings of said city shall continue to hold
office for the terms for which they were appointed, and
until their successors are appointed in accordance with
this act, unless sooner removed. .

Section 136. Any court having equity jurisdiction,
in term time or vacation, may, on the application of the
inspector, by any suitable process or decree in equity,
enforce the provisions of this act, and may, on such appli-

Acts, 1892. — Chap. 419. 507

cation, issue an injunction to restrain the erection, altera-
tion, use or occupation of any building or structure in
the city of Boston, erected, altered, maintained or used
in violation of this act.

Section 137. Any person who shall build or alter any Penalty for
wall, building or other structure, or part thereof, in viola- ^'°''""°-
tion of any -provision of this act, or w^io shall, after
twenty-four hours' notice from the inspector, maintain or
use any such wall, building or other structure, or part
thereof, so built or altered, or shall violate any provision
of this act, shall be punished by a fine not exceeding one
thousand dollars, to be paid into the treasury of the city
of Boston.

Section 138. Sections fort}' to fifty-three inclusive of Repeal.
chapter one hundred and two of the Public Statutes are
hereby repealed in so far as they relate to the city of
Boston. Chapter one hundred and twenty-four of the
acts of the year eighteen hundred and ten, chapter three
hundred and sixty-nine of the acts of the year eighteen
hundred and sixty-nine, chapter one hundred and ninety-
two of the acts of the year eighteen hundred and seventy-
eight, chapter two hundred and fifty-two of the acts of
the year eighteen hundred and eighty-two, chapter one
hundred and seventy-three and chapter two hundred and
fifty-one of the acts of the year eighteen hundred and
eighty-three, chapter two hundred and twenty-three of
the acts of the year eighteen hundred and eighty-four,
chapter three hundred and sevent3'-four of the acts of
the year eighteen hundred and eighty-five, sections two,
four and five to ten inclusive of chapter three hundred
and eighty-two of the acts of the same year, chap-
ter three hundred and sixteen of the acts of the year
eighteen hundred and eighty-eight, so far as it relates to
the city of Boston, sections one to eight inclusive of chap-
ter four hundred and twenty-six of the acts of the same
year, so far as they relate to the city of Boston, and all
acts and parts of acts inconsistent herewith, are hereby
repealed. All provisions of this act, which are the same Act construed.
in eflect as those hereinbefore repealed, shall be construed
as continuations and reenactments, and in all such cases
the provisions shall take efi:ect as of the date when they
were first enacted. No repeal hereby enacted shall have
the efiect of reviving any act or part of an act heretofore
repealed. Approved June 16, 1892.

508 Acts, 1892. — Chaps. 420, 421.

ChapA20 ^^ ^^'^ ^^^ "^^^ IMPROVEMENT OF THE LANDS BELONGING TO THE
COMMONWEALTH AT PROVINCETOWN IN THE COUKXr OF BARN-
STABLE.

Be it enacted, etc., as folloivs:
Improvement of Section 1. The Trustees of Public Reservations,

laiiue at '

rioviucetown, created by chapter three hundred and lifty-two of the acts
of the year eighteen hundred and ninety-one, are hereby
authorized to make maps and plans of the lands belonging
to the Commonwealth at Provincetown, in the county of
Barnstable, not occupied by liuildings, and to collect such
other information in relation thereto as they may deem
expedient, and shall report to the next general court on
or before the first Wednesday of February a comprehen-
sive plan for improving said lands.

Trustees not to SECTION 2. Said trustccs shall rcccive no compensa-

receive compen- , i i • i n

sation. tiott but may employ such assistants as they may deem

necessary, and may expend such sums therefor and in the
discharge of their duties, including the actual travelling
expenses of said trustees, as the governor and council
may determine.

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

Approved June 16, 1892.

C7ia».421 -^^ ^^^ '^^ PROVIDE A DISTRIBUTING AND HIGHER SERVICE RESER-
VOIR FOR THE ClTr OF CAMBRIDGE.

Be it enacted, etc., as follows:

i^nd8^e[c'"fo1- Section 1 . For the purpose of better distributing its
belter (iist'ribu- watcr supi)ly aud givinof to its inhabitants hio^her water

tion of water. .*^*^'^" ~

service foi' the extino-uishment of tires and for domestic
and other purposes, the city of Cambridge may, within
one year from the passage of this act, take and hold, by
purchase or otherwise, on the high lands of either Water-
town, Belmont or Waltham, any land, rights of way,
easements and real estate necessary for constructing, main-
taining and protecting a distributing reservoir, and also
Avhatever may be necessary for laying, constructing, main-
taining and protecting suitable aqueducts, pipes, water
courses and other works to convey water, from Fresh pond
in Cambridge and from Stony brook in Waltham and
Weston, into such distributing reservoir and out of the
game into and through said city of Cambridge.
Description of SECTION 2. Within sixtv days after takinjj any lands,

lacd taken to be , i • • i i

recorded, etc. Hghts of Way, cascments or real estate aforesaid, other-

Acts, 1892. — Chap. 421. 509

wise than by purchase, for the purposes of this act, said
city of Caml)ridge shall cause to be recorded in the regis-
tr}' of deeds for the county and district in which such land
or other property is situated, a description thereof suffi-
ciently accurate for identification, with a statement of the
purpose for which the same was taken, which statement
shtdl be signed by the mayor.

8ECTI0X 3. Said city of Cambridge may also, for the May carry
purpose aforesaid, carry any pipe, drain or aqueduct over etcTovtrlr*'
or under any river, water course, street, railroad, public "^a^i; clul-se.
way, highway or other way in such manner as not unneces- street, etc.
sarily to obstruct the same ; and may enter upon and dig
up such road, street or way for the purpose of laying down,
maintaining or repairing any pipe, drain or aqueduct ; and
may do any other things necessary and proper in execut-
ing the purposes of this act.

Section 4. If said city enters upon and digs up, for Roads, etc., to
the purposes aforesaid, or, by reason of anything author- goo'd o°ier and
ized by this act, injures any road, street or way which is condition, etc.
outside the limits of said city, it shall be subject to such
reasonable regulations as may be prescribed by the alder-
men of the city or selectmen of the town in which such
road, street or way is located, and shall restore the same
to as good order and condition as it was in when such dig-
ging commenced or before such injury occurred ; and the
work shall be done and all repairs made in such manner
and with such care as not to render any road, street or
way in which such pipes or aqueducts are laid unsafe or
unnecessarily inconvenient to the public travel thereon.
Said city shall at all times indemnify and save harmless indemnity
any such city or town which is liable to keep in repair any damages.
road, street or way aforesaid, against all damages and
costs which may be recovered against it, and shall reim-
burse to it all expense which it shall reasonably incur in
the defence of suits or otherwise, by reason of any defect
or want of repair in such road, street or way, caused by
the placing, maintenance, repairing or replacing of said
pipes or aqueducts, or by reason of any injury to persons
or property caused by an}^ defect or want of repair in any
of the same : provided, that said city of Cambridge has proviso,
notice of any claim or suit for such damage or injury and
an opportunity to assume the defence thereof.

Section 5. Said city shall be liable to pay all damages Damages to be
sustained by any persons or corporations by the taking of ^^^^ ^^ *'''^"

510 Acts, 1892. — Chap. 421.

or injury to any of their land, rights of way, easements
or property, or by the constructing or repairing of any
aqueduct, reservoir or other works for the purposes afore-
said. If any person sustaining damage, as aforesaid, does
not agroe with said city upon the amount of said damage,
he may, within two years from such taking and not after-
wards, apply by petition for an assessment 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 cit}^
returnable on the tirst Monday of the next month, after
the expiration of fourteen days from the tiling of the peti-
tion, to appearand answer to the petition. The summons
shall be served fourteen days at least before the day at
which it is retui'nal)le, 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
wdio shall, after reasonable 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
Award. taking of possession by said city. And the award of the

persons so appointed or a major part of them, being re-
turned into and accepted by the court, shall be final ; and
iudsrment shall be rendered and execution issued thereon
for the prevailing party with costs, unless one of the par-
tics claims a trial b^^jury as hereinafter provided.
Parties dissatis- SECTION 6. If either of the parties mentioned in the
amount Hxed by preceding scctiou is dissatisfied with the amount of dam-
^"'^^' age awarded, as therein expressed, such party may, at

the sitting at which such award was accepted, or the next
sitting 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 being accepted and recorded by the
court shall be final and conclusive, and judgment shall be
rendered and execution issued thereon, and costs shall be
recovered by the parties respectively, in the same manner
as is provided by law in regard to proceedings relating to
the laying out of highways.
city may tender SECTION 7. In cverv casc of a petition to the superior

amuuut for „ j n ^ •ii'aI*

damage, etc. couit for an asscssmeiit 01 damages, as provided in tliis

Acts, 1892. — Chaps. 422, 423. 511

act, the said city may tender to the petitioner or his attor-
ney any sum, or may bring the same into court to be paid
to the petitioner for the damages by him sustained or
chiimed in his petition, or may in writing otier to be de-
faulted and that damages may be awarded against it for
the sum therein expressed ; and if the petitioner does not
accept the sura so oflered 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 oti'er of judgment, and shall not be entitled to
either costs or interest afterwards, unless the amount
recovered by him in such action exceeds the amount so
tendered.

Section 8. All the rights, powers and authority given Rights, etc.
to the city of Cambridge by this act shall be exercised by
said city, subject to all duties, liabilities and restrictions
herein contained, in such manner and by such agents,
officers and servants as ihe city council shall from time to
time ordain, direct and appoint.

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

Ajyproved June 16, 1892.

An Act to provide for the payment op transportation of nVf.y. 400

STATE publications FURNISHED TO FREE PUBLIC LIBRARIES. • ^ *

Be it enacted, etc., as follows:

Section 1. The expense of transportation of the state Transportation
publications which are t-upplied to the free public libraries cltioM^^""''
of the Commonwealth by the secretary of the Common-
Vt'ealth shall be prepaid.

Section 2. There shall be allowed and paid from the Expense not to
treasury annually, a sum not exceeding five hundred dol- ^^'^'-"'^'^ *^*^^-
lars, to defray the expense of carrying out the provisions
of the preceding section. Approved June 16, 1892.

ChapA2S

An Act authorizing the authorities of Vermont to detain

AND transport PRISONERS IN AND THROUGH MASSACHUSETTS.

Be it enacted, etc., asfolloios:

The authorities of the state of Vermont shall have the Vermont may
same power and authority to detain and transport, through f.^i.n^pon'ljris.
the Commonwealth of Massachusetts, persons convicted in oners through

IT J. L' a- 1 11 -> -x ' this Com mon-

V ermont ot otiences and sentenced to be conhned in any wealth.
penal institution in the state of Vermont, which they have
to detain and transport them in said state of Vermont.

Approved June 16, 1892.

512

Acts, 1892. — Chaps. 424, 425.

Chap

Rapid transit

commission

dissolved.

.424 ^^ ^^^ ^® DISSOLVE THE RAPID TRANSIT COMMISSION.

Be it enacted, etc. , as follows :

Section 1. The commission established by chapter
three hundred and sixty-tive of the acts of the year
eighteen hundred and ninety-one, known as the rapid
transit commission, is hereby dissolved. This act shall
not be construed to authorize the payment of any salaries
or expenses of said commission, or its officers or agents
not otherwise authorized.

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

Approved June 16, 1892.

Ch(lV.4:2^ An Act to provide for the building of an asylum for the

CHRONIC insane.

Medficid Insane
Asylum.

Be it enacted, etc. , as follows :

Section 1. The governor with the advice and consent
of the council shall appoint seven persons, two of whom
Trustees, terras shall be womcu, who shall constitute a board of trustees
of the new asylum for the chronic insane, to be designated
and known as the Medtield Insane Asjdum, and who shall
hold office for terms of one, two, three, four, five, six
and seven years, respectively, beginning with the third
\Vednesday in June in the present year, and until their
respective successors are appointed and qualified ; and
previous to the first Monday in May in each year here-
after, the governor shall in like manner appoint one trus-
tee to hold office for the term of seven years, beginning
with the third Wednesday in June of the year of his
appointment, and until his successor is appointed and
qualified. They shall receive their actual travelling
expenses and shall serve without compensation, except as
hereinafter provided. Any such trustee may be removed
by the governor with the advice and consent of the coun-
cil for such cause as they may deem sufficient, which
cause shall be assigned in the order for removal. Any
vacancy occurring in said board shall be filled in like
manner for the unexpired term. Said board of trustees
when organized, shall choose a committee of three of its
members, to be known as the building committee, who
shall have the entire charge of the construction of said
hospital buildings, and shall receive such compensation as
the governor and council may determine, not exceeding in
the aggregate the sum of sixty-five hundred dollars a year,

Removals.

Vacancies.

Building com-
mittee to con-
sist of three
members of
board, compen-
sation, etc.

Acts, 1892. — Chap. 425. 513

for a term not extending beyond the first day of July in
the year eighteen hundred and ninety-four, which shall be
paid out of the treasury of the Commonwealth.

Section 2. The building committee of the trustees Buildings to be
shall cause to be erected on the lands recently purchased commodatr'
for that purpose in the towns of Medfield and Dover, suit- ijooo patients.
able buildings for an asylum for the chronic insane, suffi-
cient for the accommodation of one thousand patients, a
supermtendent, steward, assistant physicians, and their
families, and all necessary subordinate officers and attend-
ants, substantially in accordance with the plans, specifi-
cations and estimates submitted by the commissioners
appointed under authorit}' of chapter four hundred and
forty-five of the acts of the year eighteen hundred and
ninety, entitled an act to provide for the building of an
asylum for the chronic insane in eastern Massachusetts,
and shall provide for the equipment, including heating,
cooking, illuminating, ventilating, intercommunicating,
plumbing, water supply, laundry and sewerage fixtures,
pipes, apparatuses and machinery of such buildings. And
the said building committee of the trustees shall have
power to make all contracts and to employ all agents
necessary to carry into effect the provisions of this act :
provided, that all contracts for the erection of buildings Provisos.
and the completion thereof and equipment of the same
with said fixtures, pipes, apparatuses and machinery, and
the purchase of materials and supplies therefor, shall
be approved by the governor and council ; and ^;?'o-
vided, farther, that the aggregate expenses and liabilities
incurred by virtue thereof shall not exceed the sum of five
hundred thousand dollars, exclusive of the compensation
provided for the building committee. The said building
committee shall present all their accounts to the state
auditor for examination and approval.

Section 3. To meet the expenses incurred by said bui^|°f®s°not to
building committee under the provisions of this act, there exceed q?5oo,ooo.
shall be allowed and paid out of the treasury of the Com-
monwealth a sum not exceeding five hundred thousand
dollars, in addition to any amount necessary for compen-
sation and expenses of the trustees, as provided in section
one : provided, however, that no more than one hundred Pro^'^o.
and fifty thousand dollars shall be appropriated during
the year eighteen hundred and ninety-two, two hundred
thousand dollars during the year eighteen hundred and

514

Acts, 1892. — Chap. 42G.

Trustees to
notify the gov-
ernor on com-
pletion.

ninety-three, and one hundred and fifty thousand dollars
during the year eighteen hundred and ninety-four.

Section 4. Whenever the asylum buildings are so far
completed that in their opinion patients may properly be
received therein, the trustees shall so notify the governor,
who shall thereupon issue his proclamation establishing
the Medtield Insane Asylum ; and thereafter, except as
herein otherwise provided, all the laws relative to state
lunatic hospitals and to persons committed thereto on the
ground of insanity, so far as they may be applicable, shall
apply to said asylum and to persons committed thereto :
provided, that no patient shall be admitted to said asylum
except as transferred thereto by the state board of lunacy
and charity from one of the state lunatic hospitals or the
Worcester insane asylum ; and provided, further, that the
price for the support of state, city and town paupers shall
not exceed two dollars and eiahtv cents a week for each

person.
Section 5.

This act shall take effect upon its passage.
Approved June 16, 1892.

ChapA26

An Act to authorize the town of stoneham to aid in the
construction of a 8tkeet railway.

Be it enacted, etc., as follows.

Street railway
company.

Section 1. The town of Stoneham is authorized to
subscribe for and hold shares of the capital stock of a
street railway company to be formed for the purpose of
the construction and equipment of a street railway from
Central square in Stoneham to the Boston and Maine
Bailroad station in the city of Maiden, to an amount not
exceeding fift}^ thousand dollars : provided, that two
thirds of the legal voters of said town of Stoneham, pres-
ent and voting by ballot and using the check list, at a legal
meeting called for the purpose, vote so to subscribe.

Section 2. Said town of Stoneham may raise money
to pay for the stock subscribed for as above provided, by
loan, and may issue bonds, notes or scrip for the amount
of such loan, signed by the treasurer and countersigned
by the selectmen of the town, payable in periods not
exceeding thirty years from the date of issue, bearing
interest at a rate not exceeding five per cent, per annum,
and otherwise subject to the general provisions of law
Town to be rep- relating to municipal indebtedness. And the selectmen
stock Tote?°" of said town, or such other persons as the town may

Proviso.

May issue
bonds, etc

Acts, 1892. — Ch^vts. 427, 428. 515

appoint, m;iy represent the town at all meetings of the
street railway company, and vote upon all shares owned
by the town.

Section 3. Any vote of the town of Stoneham in con- vote of town
formity with the above provisions, at a meeting legally ''''''''^''''' *^"=-
held before the passage of this act, is hereby ratified, con-
firmed and made valid. But this act shall be void unless
action is taken by said town hereunder wnthin one year
from its passage.

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

Approved June 16, 1892.

An Act to authorize the town of brookline to issue cer- /^^^j^ 4.07

tain bonds. ^ *

Be it enacted, etc., as folloivs:

Section 1. The votes of the town of Brookline passed BrookUneraay
at its meeting held on the twenty-seventh day of October the purpose of
in the year eighteen hundred and ninety-one, and at its pa?".'^"''''"^
annual meeting in the present year, authorizing the issue
of bonds to the amount of eighty thousand dollars and
one hundred and twenty-tive thousand dollars, respec-
tively, in order to defray the expense of constructing
Muddy river or Riverdale park in said tow^n, and the
bonds issued under said votes are hereby ratified and con- vote of the
firmed, and the bonds authorized by said votes not already ^o^'" •"auhed.
issued may be issued forthwith ; and said town in addition
to said bonds, may hereafter issue, in the manner defined
by chapter one hundred and ninety of the acts of the year
eighteen hundred and eighty-nine, l)onds to an amount Bonds, not to
nm exceeding three hundred thousand dollars for the ^^'^^^
purpose of finishing the construction of said park.

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

Ajyproved June 16, 1892.

An Act relative to the discharge of small loans and the /^a^^ 49Q

REDEMPTION OF THE SECURITY GIVEN FOR SUCH LOANS. ^ * ^

Be it enacted, etc. , as follows :

Section 1. Section one of chapter three hundred and isss, sss, § 1
eighty-eight of the acts of the year eighteen hundred and
eighty-eight is hereby amended by striking out the word
" ten", in the eighth line of said section, and by inserting
in place thereof the word : — five, — so as to read as fol-
lows : — Section 1. All loans hereafter contracted, for

516

Acts, 1892. — Chap. 428.

Small loans dis-
chargeable upon
payment of
principal, etc.

Repeal.
Proviso.

Loan secured
by mortgage,
etc.

Mortgage on
household fur-
niture not valid
unless amount
of loan is slated,
etc.

Notice of inten-
tion to foreclose
not valid, un-
less, etc.

less than one thousand dollars, shall be dischargeable by
the debtor upon payment or tender of the principal sum
actually borrowed and interest at the rate of eighteen per
centum per annum, from the time said money was bor-
rowed, together with a sum, for the actual expenses of
making the loan and securing the same, not exceeding
live dollars, provided that the lender shall be entitled to
interest for six months at said rate when the debt is paid
before the expiration of that period. And all payments
in excess of said rate shall be applied to the discharge of
the principal and the borrower shall only be obliged to pay
or tender the balance of the principal and interest, at said
rate, due after such application. All acts and parts of
acts inconsistent herewith are hereby repealed : provided,
that nothing in this act shall be construed to affect any
loan made at a less rate than at the rate of eighteen per
centum per annum, nor shall it be construed to repeal so
much of section three of chapter seventy-seven of the Pub-
lic Statutes as provides that when there is no agreement
for a different rate the interest of money shall be at the
rate of six dollars upon each hundred dollars for a year.

Section 2. When a loan of less than one thousand
dollars is secured by a mortgage or pledge of personal
property, the creditor shall discharge such mortgage and
restore such pledge upon payment or tender to him of the
amount legally due under tbis act, and such payment or
tender may be made by the debtor, or by any person
having an interest in the property mortgaged or pledged.

Section 3. No mortgage of household furniture on
which interest is charged at the rate of eighteen per centum
or more per annum, made to secure a loan of less than one
thousand dollars, shall be valid unless it state wnth sub-
stantial accuracy the amount of the loan, the time for
which the loan is made, the rate of interest to be paid,
and the actual expense of making and securing the loan,
nor unless it contain a provision that the debtor shall be
notified in the manner provided in section seven of chap-
ter one hundred and ninety-two of the Public Statutes, of
the time and place of any sale to be made in foreclosure
proceedings at least seven days before such sale.

Section 4. No notice of intention to foreclose, given
to secure loans of less than one thousand dollars, under
sections seven and ten of chapter one hundred and ninety-
two of the Public Statutes, shall be valid unless it ex-

Acts, 1892. — Chap. 429.

517

pressly state where such notice is to be recorded, and that
the right of redemption will be foreclosed sixty days after
such record i no;.

Section 5. Whoever refuses or neglects after request Refusal to dis-

~ 111 cQirge mort-

to discharge a mortgage, or to restore the property held gage shaii ren-
as a pledge, as provided in section two of this act, shall liabufto'action
be liable in an action of tort to the borrower for all dam- °^ '<"■'•
ages resulting to him for any violation of said section two.

Section 6. This act shall not be construed to apply Not to apply to
to licensed pawnbrokers, nor to repeal or affect section brokers/^"^""
thirty-four of chapter one hundred and two of the Public
Statutes, or section six of chapter one hundred and ninety-
two of the Public Statutes.

Section 7. All acts and parts of acts inconsistent Repeal.
herewith are hereby repealed. Approved June 16, 1892.

An Act to apportion and assess a state tax of one million
seven hundred and fifty thousand dollars.

ChapA29

Be it enacted, etc., as follows:

Section 1 . Each city and town in this Commonwealth ^l^jlo^ooo!^
shall be assessed and pay the several sums with which
they stand respectively charged in the following schedule,
that is to say : —

BARNSTABLE COUNTY.

Barnstable
County.

Barnstable,

Twenty-nine hundred and forty

dollars,

$2,940 00

Bourne, .

Ten hundred thirty-two dollars and

fifty cents,

1,032 50

Brewster, .

Four hundred and fifty-five dollars, .

455 00

Chatham, .

Seven hundred fifty-two dollars and

fifty eents,

752 50

Dennis, .

Twehe hundred and twenty-five

dollars,

1,225 00

Eastham, .

Two hundred twenty-seven dollars

and fifty cents, ....

227 50

Falmouth,

Forty-one hundred forty-seven dol-

lars and fifty cents.

4,147 50

Harwich, .

Nine hundred and forty-five dollars.

945 00

Mashpee, .

One hundred twenty-two dollars

and fifty cents, ....

122 50

Orleans, .

Five hundred seven dollars and

fifty cents,

' 507 50

518

Barnstable
County.

Berkshire
County.

Acts, 1892. — Chap. 429.

BARNSTABLE COUNTY — Concluded.

Provincetovvn,
Sandwich, .
Truro,
Wellfleet, .
Yarmouth,

Eighteen himdred thirty-seven dol-
lars and fifty cents,
Seven hundred and seventy dollars.

Two hundred and eighty dollai's, .

Five hundred seventy-seven dollars
and fifty cents, ....

Fourteen hundred and thirty-five
dollars,

BERKSHIRE COUNTY.

Adams,

Alford,

Becket,

Cheshire, .

Clarksburg,

Dalton,

Egremont,

Florida,

Great Barrington.

Hancock, .

Hinsdale, •

Lauesborough,

Lee, .

Lenox,

Monterey, .

Mt. Washington,

New Ashford, .

N. I\Iarl borough.

Twenty-eight hundred eighty-seven

dollars and fifty cents, .
One himdred ninety-two dollars and

fifty cents, . . . .
Three hundred and fifty dollars.

Five hundred seventy-seven dollars
and fifty cents, ....

One hundred ninety-two dollars and
fifty cents, .....

Nineteen hundred and twenty-five
dollars,

Three hundred and fifty dollars,

One hundred and forty dollars.

Twenty-six hundred seven dollars

and fift^' cents, ....

Three hundred and fifteen dollars, .

Five hundred and ninety-five dollars

Four hundred two dollai's and fifty
cents, ......

Fifteen hundred and five dollars, .

Twenty-one hundred dollars, .

One hundred ninety-two dollars and

fifty cents,

Fift3'-two dollars and fifty cents.

Fifty -two dollars and fifty cents.

Four hundred seventy-two dollars
and fifty cents, ....

$1,837 50
770 00

280 00

677 50
1,435 00

$17,255 00

^2,887 50

192 50

350 00

677 50

192 50

1,925 00
350 00

140 00

2,607 50
315 00

695 00

402 60
1,505 00

2,100 00

192 50
62 50

62 50
472 50

Acts, 1892. — Chap. 429.

BERKSHIRE COUNTY— Concluded.

519

North Adams,

Otis, .

Peru,

Pittsfield, .

Richmond,

Saudisfield,

Savoy,

Sheffield, .

Stockbridge,

Tjringham,

Washington,

W. Stockbridge

Williamstown,

Windsor, .

Forty-nine hundred and thirty-five
dollars

One hundred and seventy-five dol-
lars,

Eighty-seven dollars and fifty cents,

Nine thousand eighty -two dollars
and fifty cents, ....

Three hundred sixty-seven dollars
and fifty cents.

Two hundred and eighty dollars,

One hundred fifty-seven dollars and

fiftj' cents, ....
Seven hundred dollars,

Twenty-three hundred ninety-seven

dollars and fifty cents, .
One hundred and seventy-five dol

lars,

One hundred fifty-seven dollars and

fifty cents, ....
Five hundred forty-two dollars and

fifty cents.
Seventeen hundred and fifteen dol

lars,

One hundred fifty-seven dollars and

fifty cents, ....

Berkshire
Couuly.

$4,935 00

175 00

87 50

9,082 50

367 60
280 00

157 50
700 00

2,397 50
175 00
157 50
542 50

1,715 00
157 50

135,840 00

BRISTOL COUNTY.

Bristol County.

Acushnet,
Attleborough,
Berkley, .
Dartmouth,
Dighton, .
Easton,
Fairhaven,
Fall River,

Five hundred seven dollars and fifty
cents,

Thirty-three hundred and twent}-
five dollars,

Three hundred sixty-seven dollars
and fifty cents, ....

Sixteen hundred and forty-five dol-
lars, ......

Six hundred and thirty dollars.

Thirty-nine hundred two dollars
and fifty cents, ....

Thirteen hundred eighty-two dol-
lai's and fifty cents.

Forty thousand six hundred and
seventy dollars, ....

$507 50

3,325 00

367 50

1,645 00

630 00

3,902 50

1,382 50

40,670 00

520

Bristol County.

Dukes County.

Essex County.

Acts, 1892. — Chap. 429.

BRISTOL COUNTY- Concluded.

Fi'eetown,
Mansfield,
New Bedford, .

N. Attleborough
Norton, .
Raynham,
Rehoboth,
Seekonk, .
Somerset, .
Swanzey, .
Taxinton, .
Westport,

Chilmark,
Cottage City,
Edgartovvn,
Gay Head,
Gosnold, .
Tisbiuy, .

Amesbury,
Andover, .

Seven hundred seventeen dollars
and fifty cents

Twelve hundred and ninetj-five dol-
lars,

Thirty-one thousand three hundred
seventy-seven dollars and fifty
cents, .....

Twenty-nine hundred and seventy-
five dollars, .....

Six hundred forty-seven dollars and
fifty cents, .....

Seven hundred seventeen dollars
and fifty cents, ....

Five hundred seventy-seven dollars
and fifty cents, ....

Six hundred fort3'-seven dollars and
fifty cents, . . .

Eight hundred twenty-two dollars
and fifty cents, ....

Ten hundred and fifteen dollars.

Fourteen thousand four hundred and

twenty dollars.
Eleven hundred and twenty dollars.

$717 50
1,295 00

31,377 50

2,975 00

647 60

717 50

577 50

647 50

822 50
1,015 00

14,420 00
1,120 00

$108,762 50

DUKES COUNTY.

One hundred and seventy-five dol-
lars,

Ten hundred and eighty-five dollars.

Six hundred twelve dollars and fifty

cents,

Seventeen dollars and fifty cents, .

One hundred fifty-seven dollars and
fifty cents, . . ...

Eight hundred and forty dollars,

fl75 00
1,085 00

612 50
17 50

157 50
840 00

f2,887 50

ESSEX COUNTY.

Thirty-six hundred fifty-seven dol-
lars and fifty cents,

Thirtj'-six hundred ninety-two dol-
lars and fifty cents.

J3,657 50
3,692 50

Acts, 1892. — Chap. 429.

ESSEX COrNTY — Continued.

521

Beverly, .
Boxford, .
Bradford,
Danvers, .
Essex,

Georgetown, ,
Gloucester,
Groveland,
Hamilton,
Haverhill,
Ipswich, .
Lawrence,

Lynn,

Lynnfield,
Manchester,
Marblehead,
Merrimac,
Methueu, .
Middleton,
Xahant, .
Newbury,
Newburyport, .
North Andover,
Peabody, .
Rockjjort,

Ten thousand three hundred seven
dollars and fifty cents, .

Five hundi'ed forty-two dollars and
fifty cents,

Sixteen hundred ninety-seven dol-
lai'S and fifty cents,

Thirty-two hundred two dollars and
fifty cents

Seven hundred fifty-two dollars and
fifty cents,

Eight hundred twenty-two dollars
and fifty cents, ....

Eleven thousand one hundred forty-
seven dollars and fifty cents,

Seven hundi'ed and thirty-five dol-
lars,

Seven hundred fifty-two dollars and
fifty cents, .....

Fifteen thousand six hundred and
ten dollars, .....

Two thousand forty-seven dollars
and fifty cents, ....

Twenty-three thousand seven hun-
dred forty-seven dollars and fifty
cents,

Thirty-four thousand one hundred
seventy-seven dollars and fifty
cents,

Four hundred and fifty-five dollars,

Fifty-eight hundred twenty-seven
dollars and fifty cents. .

Thirty-nine hundred and ninety dol-
lars,

Eleven hundred and fifty-five dol
lars,

Twenty-five hundred thirty-seven
dollars and fifty cents, .

Four hundred thirty-seven dollars
and fifty cents.

Forty-three hundred and five dol
lars,

Eight hundred and forty dollars.

Eighty-one hundred and ninety dol
lai's,

Twenty-five hundred seventy-two
dollars and fifty cents, .

Fifty-nine hundred sixty-seven dol-
lars and fifty cents,

Sixteen hundred sixty-two dollai's
and fifty cents, ....

Essex County

f 10,307 60

542 50

1,697 50

3,202 50

752 50

822 50

11,147 50

735 00

752 60

15,610 00

2,047 50

23,747 50

34,177 50
455 00

5,827 50

3,990 00

1,155 00

2,537 50

437 50

4,305 00
840 00

8,190 00
2,572 50
5,967 50
1,662 50

522

Essex County.

Franklin
County.

Acts, 1892. — Chap. 429.

ESSEX COUNTY — Concluded.

Rowle}-, .

Four hundred and ninety dollars, .

1490 00

Salem,

Twentv-one thousand one hundred

and five dolJai's, ....

21,105 00

Salisbury,

Four hundred and ninety dollai's, .

490 00

Saugus, .

Nineteen hundred seventy-seven

dollars and fiftv cents, .

1,977 50

Swampscott, .

Fortv-two hundred and thirty-five

dollars,

4,235 00

Top.sfielcl,

Seven hundred eighty-seven dol-

lars and fifty cents.

787 50

Wenham,

Four hundred and fifty-five dollars,

455 00

West Newbury,

Seven hundred eighty-seven dol-

lars and fifty cents.

787 50

$181,160 00

FRANKLIN COUNTY.

Ashfield,

Bernardston,

Buckland,

Charlemont,

Colrain,

Conway,

Deerfield, ,

Erving,

Gill,

Greenfield,

Hawley,

Heath,

Leverett,

Leyden,

IMonroe,

Three hundred and eighty-five dol-
lars,

Three hundred and fifty dollai's,

Four hundred and fifty-five dollars.

Two hundred ninety-seven dollars

and fifty cents, ....

Four hundred and fifty-five dollars,

Five hundred seventy-seven dollars
and fifty cents, ....

Eleven hundred and fifty-five dol-
lars, ... . .

Two hundred ninety-seven dollars
and fifty cents, ....

Three hundred 'knd eighty-five dol-
lars,

Thirty-nine hundred thirty-seven
dollars and fifty cents, .

One hundred and forty dollars.

Two hundred twenty-seven dollars
and fifty cents, ....
One hundred and forty dollars.

One hundred and five dollars, .

$385 00
350 00

455 00

297 50

455 00

577

1,155

297

385 00

3,937 50
140 00

140 00

227 50
140 00

105 00

Acts, 1892. — Chap. 429.

FKANKLTN COUNTY — Concluded.

523

Agawam, .
Blandford,
Brimfield,
Chester, .
Chicopee, .
Granville,
Hampden,
Holland, .
Holjoke, .
Longmeadow,
Ludlow, .
Monson, .

HAMPDEN COUNTY.

Nine hundred and eighty dollars, .
Three hundred and fifteen dollars, .
Three hundred and fifty dollars.
Four hundred and fifty-five dollars,

Hfty-three hundred and twenty dol-
lars,

Two hundred ninety-seven dollars
and fifty cents, ....

Three hundred and fifteen dollars, .

Seventy dollars, ....

Seventeen thousand seven hundred

and eighty dollai'S,
Ten hundred and fifteen dollars,

Six hundred eighty-two dollars and
fifty cents, .....

Fifteen hundred ninety-two dollars
and fifty cents, ....

Franklin
County.

Montague,

Twenty-six hundred forty-two dol-

lars and fifty cents.

f2,642 60

New Salem,

Two hundred and forty-five dollars.

245 00

Northfield,

Six hundred eightj-two dollars and

fifty cents,

682 50

Orange, .

Twenly-one hundred and seventy

dollars,

2,170 00

Rowe,

One hundred and seventy-five dol-

lars,

175 00

Shelburne,

Seven himdred dollars.

700 00

Shutesburv,

One hundred twenty-two dollars and

fifty cents

122 50

Sunderland,

Three hundred thirty-two dollars

and fiftv cents, ....

332 50

Warwick,

Two hundred twenty-seven dollars

and fifty cents, ....

227 50

Wendell, .

One hundred and seventy-five dol-

lasr,

175 00

Whately, .

Three hundred sixty-seven dollars

and fifty cents, ....

367 50

$16,887 50

Hampden
County.

$980 00

815 00
350 00
455 00

6,320 00

297 60
315 00

70 00

17,780 00
1,015 00

682 60
1,592 50

524

Hampden
County.

Hampshire
County.

Acts, 1892. — Chap. 429.

HAMPDEN COUNTY — Concluded.

Montgomery, .

One hundred and five dollars, .

$105 00

Palmer, .

Two thousand and sixty-five dollars.

2,065 00

Russell, .

Three hundred and eighty-five dol-

lars,

885 00

Southwick,

Four hundred and twenty dollars, .

420 00

Springfield,

Thirty-eight thousand six hundred

and seventy-five dollars.

38,675 00

Tolland, .

One hundred twenty-two dollars

and fiftv cents, ....

122 50

Wales,

Two hundred twenty-seven dollars

and fifty cents, ....

227 50

Westfield,

Fifty-six hundred eightv-seven dol-

lars and fifty cents,

5,687 50

WestSpringfield,

Twenty-seven hundred and thirty

dollars,

2,730 00

Wilbraham,

Six hundred and thirty dollars,

630 00

180,220 00

HAMPSHIRE COUNTY.

Amherst, .
Belchertown,
Chesterfield,
Cummington,
Easthampton,
Enfield, .
Goshen, .
Granby, .
Greenwich,
Hadley, .
Hatfield, .
Huntington,
Middlefield,

Twenty-five hundred and fifty-five
dollars,

Six hundred eighty-two dollars and
fifty cents,

Two hundred and forty-five dollars,

Eighteen hundred seventy-two dol-
lars and fifty cents.
Six hundred and thirty dollars,

One hundred and five dollars, .

Three hundred and fifty dollars.

Two hundred twenty-seven dollars
and fifty cents, ....

Seven hundred eighty-seven dol-
lars and fifty cents,

Eight hundred and five dollars,

Four hundred and twenty dollars, .

One hundred ninety-two dollars and
fifty cents,

2,555 00

682 50
245 00

245 00

1,872 50
630 00

105 00

350 00

227 50

787 50
805 00

420 00

192 50

Acts, 1892. — Chap. 429.

HAMPSHIRE COUNTY — Concluded.

525

xsorthampton, .
Pel ham, .
Plainfield,
Prescott, .
Southami^ton, .
South Hadley, .
"\N'are,

Westhampton, .
^^'illiamsburg, .
Worthington, .

Seventy-four hundred and fifty-five

dollars,

One hundred and forty dollars,

Three hundred and eighty-five dol-
lars,

Sixteen hundred and forty-five dol
lars,

Thirty-two hundred two dollars and
fifty cents, ....

One hundred ninety-two dollars and
fifty cents, ....

Seven hundred and seventy dollai's.

Two hundred and forty-five dollars.

MIDDLESEX COUNTY.

Hampshire
County.

$7,455 00
UO 00

140 00

385 00
1,645 00
3,202 50

192 50

770 00

245 00

5,432 50

Acton,

Eleven hundred thirty-seven dollars

and fifty cents, . . . .

$1,137 50

Arlington,

Forty-five hundred sixty-seven dol-

lars and fifty cents,

4,567 50

Ashby,

Four hundred two dollars and fifty

cents,

402 50

Ashland, .

Nine hundred ninety-seven dollars

and fifty cents

997 50

Ayer,

Ten hundred and fifty dollars, .

1,050 00

Bedford, .

Seven hundred and seventy dollars.

770 00

Belmont, .

Twenty-eight hundred and thirty-five

dollars, ......

2,835 00

Billexnca, .

Fifteen hundred and forty dollars, .

1,540 00

Boxborough, .

One hundred ninety-two dollars and

fifty cents, .....

192 50

Burlington,

Three hundred and eighty -five dol-

lars,

385 00

Cambridge,

Fiftj'-four thousand four hundred

and ninety-five dollars, .

54,495 00

Carlisle, .

Two hundred and eighty dollars.

280 00

Chelmsford, .

Fourteen hundred and seventy dol-

lars, ......

1,470 00

Concord, .

Thirty-one hundred and fifty dol-

lars,

3,150 00

Middlesex
County.

526

Middlesex
County.

Acts, 1892. — Chap. 429.

MIDDLESEX COUNTY — Continued.

Dracut,
Dunstable,
Everett, .
Framingliam,
Groton,
Holliston,
Hopkinton,
Hudson, .
Lexington,
Lincoln, .
Littleton, .
Lowell,
Maiden, .
Marlborough,
Maynard, .
Medford, .
Melrose, .
Natick, .
Newton, .
North Reading
Pepperell,
Reading, .
Sherborn, .
Shirley, .
Somerville,
Stoneham,

Eleven hundred and ninety dollars,
Two hundred and forty-five dollars.
Sixty-six hundred and fifty dollars.
Sixty-three hundred dollars, .

Twenty-three hundred and fortj-five
dollars,

Twelve hundred foi'ty-two dollars
and fifty cents, ....

Eigiiteen hundred thirtj'-seven dol-
lars and fifty cents,

Two thousand and sixty-five dollars,

Twenty-seven hundred eighty-two

dolhirs and fifty cents, .
Nineteen hundred and sixty dollars.

Six hundred and thirty dollars.

Forty-nine thousand five hundred
seven dollars and fifty cents,

Fifteen thousand three hundred and
sixty-five dollars, ....

Fifty-eight hundred sixty-two dollars
and fifty cents,

Fifteen hundred twenty-two dollars
and fifty cents.

Eighty-eight hundred and ninety dol
lars,

Fifty-seven hundred fifty-seven dol
lars and fift}' cents.

Forty-three hundred ninetj'-two dol-
lars and fifty cents, .

Thirty thousand three hundred and
ten dollars, ....

Four hundred two dollars and fifty
cents,

P'ifteen hundred fifty-seven dollars
and fifty cents.

Twenty-two hundred ninety-two dol
lars and fifty cents.

Six hundred forty-seven dollars and
fifty cents, ....

Five hundred fortj-two dollars and
fifty cents, ....

Twenty-seven thousand four hundred
fifty-seven dollars and fifty cents.

Twenty-eight hundred seventeen dol-
lars and fifty cents.

$1,190 00

245 00

6,650 00

6,300 00

2,345 00

1,242 50

1,837 50
2,065 00

2,782 50
1,960 00

630 00

49,507 50

15,365 00
6,862 50
1,522 50
8,890 00
5,757 50
4,392 50

30,310 00

402 50

1,557 50

2,292 50

647 50

542 50

27,457 50
2,817 50

Acts, 1892. — Chap. 429.

527

MIDDLESEX COUNTY— Concluded.

Middlesex
County.

Stow,

Sudbury, .

Tewksbury,

Townsend,

Tyngsborough,

Wakefield,

Waltbam,

Watertown,

Wayland, .

Westford,

Weston, ,

Wilmington,
Winchester,

Wobui'n, .

Nantucket,

Avon,

Bellingham,
Braintree,
Brookliue,
Canton, .
Cohasset, ,

Six hundred forty-seven dollai"s and
fifty cents, ....

Eight hundred ninety-two dollars
and fifty cents,

Ten hundred sixty-seven dollars and
fift}' cents, ....

Nine hundred and ten dollars, .

Three hundred and fifteen dollars,

Thirty-seven hundred and forty-five
dollars,

Twelve thousand six hundred and
seventy dollars,

Fift^'-seven hundred ninety-two dol
lars and fifty cents.

Twelve hundred seventy-seven dol-
lars and fifty cents,

Ten hundred and fifteen dollars,

Twent3--two hundred twenty-two

dollars and fifty cents, .
Five hundred and sixty dollars,

Thirty-uine hundred seventj'-two
dollars and fifty cents, ,

Seventy-one hundred and five dol-
lars

$6^7 50

892 50

1,067 50
910 00

315 00

3,745 00

12,670 00

5,792 50

1,277 50
1,015 00

2,222 50
560 00

3,972 50
7,105 00

f300,037 50

NANTUCKET COUNTY.

Nantucket
County.

Twenty-three hundred and forty-fi\'e
dollars,

$2,315 00

NORFOLK COUNTY.

JSTorfoIk
County.

Five hundred and twentj'-five dol
lars,

Five hundred and twenty-five dol
lars, .....

Thirty-two hundred and ninety dol
lars, .....

Forty thousand six hundred eighty
seven dollars and fifty cents,

Thirty-two hundred and fifty-five
dollars,

Thirty-eight hundred thirty-two dol-
lars and fifty c^nts,

$525 00
525 00
3,290 00
40,687 50
3,255 00
3,832 50

528

Norfolk
Connty.

Plymouth
County.

Acts, 1892. — Chap. 429.

NORFOLK COUNTY — Concluded.

Dedham, .
Dover,
Foxborough,
Franklin, .
Holbrook,
Hyde Park,
Medfield, .
Medway, .
Millis,
Milton, .
Needham,
Norfolk, .
Norwood, .
Quincy, .
Randolph,
Sharon,
Stoughton,
Walpole, .
Wellesley,
Weymouth,
Wrentham,

Abington,
Bridgewater,

Forty-eight hundred twelve dollars

and tifty cents, ....
Six hundred twelve dollars and fifty

cents, ......

Twelve hundred seven dollars and

fifty cents, .....
Twenty-one hundred and thirty-five

dollars, ......

Eleven hundred seventy-two dollars

and fifty cents. ....
Fifty-eight hundred and forty-five

dolhirs,

Nine hundred sixty-two dollars and

fifty cents, . .
Nine hundred sixty-two dollars and

fifty cents,

Four hundred thirty-seven dollars

and fifty cents, ....
Eleven thousand four hundred and

eighty dollars, ....
Nineteen hundi'ed seven dollars and

fifty cents,

Four hundred two dollars and fifty

cents, ......

Two thousand and sixty-five dollars,

Ten thousand nine hundred two dol-
lars and fifty cents.

Nineteen hundred seven dollars and
fifty cents, .....

Nine hundred sixty-two dollars and
fifty cents,

Two thousand twelve dollars and
fifty cents

Fifteen hundred and five dollars.

Forty-six hundred seventy-two dol-
lars and fifty cents.

Fifty-three hundred two dollars and
fifty cents,

Eleven hundred thirty-seven dollars
and fifty cents, ....

$4,812

612

1,207

2,135

1,172

5,845 00

962 50

962 60

437

11,480 00

1,907

402
2,065

50
00

10,902 50

1,907

962

2,012
1,505

50
00

4,672

5,302

1,137

1114,520 00

PLYMOUTH COUNTY.

Eighteen hundred two dollars and
fifty cents,

Two thousand forty-seven dollars
ami fifty cents, ....

f 1,802 50
2,047 50

Acts, 1892. — Chap. 429.

529

PLYMOUTH COUNTY — Concluded.

Plymouth
County.

Brockton, .

Carver,

Duxbiny, .

E Bridgewater

Halifax, .

Hanover, .

Hanson, .

Hiughaiu,

Hull,

Kingston, .

Lakeville,

Marion, .

Marsh ti eld,

Mattapoisett,

Middleborough

Norwell, .

Pembroke,

Plymouth,

Plympton,

Rochester,

Rockland,

Scituate, .

Wareham,

Fourteen thousand one hundred fifty-
seven dollars and fifty cents,
Five hundred and sixty dollars.

Ten hundred and eighty-five dollars,

Twelve hundred and sixty dollars, ,

Two hundred twenty-seven dollars
and fifty cents,

Ten hunili'i^d thirty-two dollars and
fifty cents, ....

Five hundred seven dollars and fifty
cents, . . . .

Thirty-three hundred and twenty-
five dollars, .

Seventeen hundred thirty-two dollar
and fifty cents.

Thirteen hundred and sixty-five dol-
lars, .....

Four hundred and twent}' dollars.

Eight hundred and five dollars.
Nine hundred and eighty dollars.

Twelve hundred seven dollars and
fifty cents, ....

Three thousand and fort\--five dol
lars, .....

Eight hundred fifty-seven dollars
and fifty cents,

Five hundred tind twenty-five dollars.

Forty-seven hundred and sixty dol-
lars,

Two hundred and forty-five dollars

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

Twenty-one hundred fifty -two dol-
lars and fifty cents,

Fifteen hundred and iive dollars.

Fifteen hundred and five dollars.

W. Bridgewater, Eight hundred fifty-seven dollars

and fifty cents,
Whitman, . Twenty-five hundred and twenty dol

lars,

$U,1.")7 50
oGO 00

1,085 00

1,260 00

227 50
1,032 50

507 50
3,325 00
1,732 50

1,305 00

420 00

805 00
980 00

1,207 50

3,045 00

857 50
525 00

4,760 00
245 00

385 00

2,152 .50

1,505 00

857 50
2,520 00
30,872 50

530

Suffolk County.

Acts, 1892. — Chap. 429.
suffolk county,

Worcester
CouDty .

Ashburnham,

Athol,

Auburn,

Barre,

Berlin,

Blackstone,

Bolton,

Bo^iston,

Brookfield,

Charlton,

Clinton,

Dana,

Douglas,

Dudley,

Fitchburg,

Gardner,

Grafton,

Hardwick,

Harvard, .

Boston,

Six hundred forty thousand sixty-

two dollars and fifty cents, .

$640,062 50

Chelsea, .

Sixteen thousand three hundred and

eighty dollars, ....

16,380 00

Revere, .

Four thousand forty-two dollars and

fifty cents,

4,042 50

Winthrop,

Twenty-six hundred seventv-seven

dollars and fifty cents, .

2,677 50

$663,162 50

WORCESTER COUNTY.

Eight hundred and five dollars.

Twenty-four hundred and eighty-
five dollars,

Four hundred and twenty dollars, .

Eleven hundred and ninety dollars, .

Three hundred and eighty-five dol-
lars,

Two thousand and sixty-five dollars.

Three hundred and eighty-five dol-
lars,

Three hundred and eighty-five dol

lars,

Eleven hundred two dollars and

fifty cents, ....
Seven luuidred fifty-two dollars and

fifty cents, ....
Forty-seven hundred seventy-seven

dollars and fifty cents, .
Two hunth'ed twenty-seven dollars

and fifty cents.
Seven hundred eighty-seven dollars

and fifty cents.
Eight hundred twenty-two dollars

and fifty cents.
Thirteen "thousand five hundred and

eighty dollars.
Thirty-five hundred and thirty-five

dolhirs, .....
Eighteen hundred seventy-two dol

lars and fifty cents.
Eleven hundred and fifty-five dol

lars, .....
Eight hundred ninety-two dollars

and fifty cents, . . . .

$805 00

2,485 00
420 00

1,190 00

385 00
2,065 00

385 00
385 00

1,102 50

752 50

4,777 50

227 50

787 50

822 50

13,580 00

3,535 00

1,872 50

1,155 00

892 50

Acts, 1892. — Chap. 429.

WORCESTER COUNTY — Continued.

531

■Worcester
County.

Holden, .
Hopcdale,
Hiibbiirtlston, .
Lancaster,
Leicester,
Leominster, .
Lunenburg,
Mendon, .
Milford, .
Mil Ibury, .
New Braintree,
Northborough, .
Northbridge, .
North Brookfield,
Oakham, .
Oxford, .
Paxton, .
Petersham,
Phillipston,
Princeton,
Royalston,
Rutland, .
Shrewsbury,
South borough, .
Southbi'idge, .
Spencer, .

Eiglit lumch-ed and forty dollars.

Sixteen hundnnl sixty-two dollars
and fifty cents, ....
Five hundred and sixty dollars.

Twenty-five hundred seventy-two
ddlars and fifty cents, .

Seventeen hundred and eighty-five
dollars, ......

Thirty-eight hundred thirt3--two dol-
lars and fifty cents,

Five hundred and sixty dollars,

F'our hundred and fift^'-five dollars,

Four thousand and twenty-five dol-
lars,

Sixteen hundred and fortj'-five dol-
lars,

Three hundred thirty-two dollars
and fifty cents, ....

Ten hundred thirty-two dollai's and
fifty cents,

Twenty-six hundred and twentj-five
dollars, ......

Fifteen hundred twenty-two dollars
and fifty cents, ....

Two hundred sixty-two dollars and
fift}' cents, .....

Ten hundred sixty-seven dollars and
fifty cents, .....

Two hundred and ten dollars, .

Four hundred and fifty-five dollai's,

Two hundred and ten dollars, .

Six hundred forty-seven dollars and

. fifty cents,

Five hundred forty-two dollars and

fifty cents, .....
Four hundred two dollars and fifty

cents,

Eight hundred and five dollars.

Thirteen hundred twelve dollars and
fifty cents, .....

Twenty-eight hundred eighty-seven
dollars and fifty cents, .

Thirty-six hundred fifty-seven dol-
lars and fifty cents.

1840 00

1,662 .50
660 00

2,572 50

1,785 00

3,832 50
660 00

455 00

4,025

1,645

332

1,032

2,625

1,522

262

1,067
210

50
00

455

210

647

542

402
806

50
00

1,312

2,887

3,657

532

Worcester
County.

Recapitulation.

Acts, 1892. — Chap. 429.

WORCESTER COUNTY — Coxcluded.

Sterling, .

Six hundred and sixty-five dollars, .

f665 00

Sturbi'idge,

Seven hundred fifty-two dollars and

fifty cents, .....

752 50

Sutton,

Nine hundred ninety-seven dollars

and fifty cents, ....

997 50

Templeton,

Ten hundred sixty-seven dollars and

fifty cents,

1,067 50

Upton,

Seven hundred and thirty-five dol-

lars,

735 00

Uxbridge,

Sixteen hundred ninety-seven dollars

and fifty cents

1,697 50

Warren, .

Two thousand twelve dollars and

fifty cents,

2,012 50

Webster, .

Twenty-six hundred and sixt}- dol-

lars,"

2,660 00

Westborougli, .

Twentj^-two hundred twent3--two dol-

lars and fifty cents,

2,222 50

West Boylston,

Ten hundred and fifteen dollars.

1,015 00

West Brook field.

Six hundred and sixtj'-five dollars,

665 00

Westminstei", .

Six hundred and thirty dollars,

630 00

Winchendon, .

Sixteen hundred ninety-seven dollars

and fifty cents, ....

1,697 50

Worcester,

Sixty-two'thousand two hundred and

sixty-five dollars, ....

62,265 00

$152,617 50

RECAPITULATION.

Barnstable Co.,
Berkshire Co.,
Bristol Co ,

Dukes Co.,
Essex Co ,
Franklin Co ,
Hampden Co.,
Hampshire Co.,

Seventeen thousand two hundred

and fiftj^-five dollars,
Thirty-five thousand eight hundred

and forty dollars, ....
One hundred eight thousand seven

hundred sixty-two dollars and fiftj-

cents,

Twenty-eight hundred eighty-seven

dollars and fifty cents, .
One hundred eighty-one thousand

one hundred and sixty dollars.
Sixteen thousand eight hundred

eighty-seven dollarsand fifty cents.
Eighty thousand two hundred and

twentj' dollars, ....
Twenty-three thousand four hundred

thirty-two dollars and fifty cents,.

fl7,255 00
35,840 00

108,762 50
2,887 50

181,160 00
16,887 50
80,220 00
23,432 50

Acts, 1892. — Chap. 429.

533

RECAPITUL ATIOX — Concluded.

Recapitulation.

Middlesex Co., .

Three hundred thousand thirty-seven

dollars and tiftv cents, .

1300,037 50

Nantucket Co., .

T\v(!ntv-three hundred and forty-five

dollars, ......

2,r>45 00

Norfolk Co., .

One hundred fourteen thousand five

hundred and twenty dollar's,

114,520 00

Plymouth Co., .

Fifty thousand eight hundred sevent}--

two dollars and fifty cents, .

50,872 50

Suffolk Co., .

Six hundred sixty-three thousand one
hundred sixty-two dollars and fifty

cents, . ...

663,102 50

Worcester Co., .

One hundred fifty-two thousand six
hundred seventeen dollars and fifty

cents,

152,617 50

$1,750,000 00

Selectmen or
assessors to
issue warruDts

warrants {;!e^>i -^-^"^

Section 2. The treastirer of the Commonwealth shall Treasurer to

issue warrant.

forthwith send his warrant, directed to the selectmen or
assessors of each city or town taxed as aforesaid, requir-
ing them respectively to assess the sum so charged,
according to the provisions of chapter eleven of the Pub-
lic Statutes, and to add the amount of such tax to the
amount of town and county taxes to be assessed by them
respectively on each city and town.

Section 3. The treasurer of the Commonwealth in
his warrant shall require the said selectmen or assessors
to pay, or issue severally their warrant or
requiring the treasurers of their several cities or towns to
pay, to the treasurer of the Commonwealth on or before
the tenth day of December in the year eighteen hundred
and ninety-two the sums set against said cities and towns
in the schedule aforesaid ; and the selectmen or assessors
respectively shall return a certificate of the names of the
treasurers of their several cities and towns, with the sum
which each may be required to collect, to the treasurer of
the Commonwealth at some time before the iirst day of
October in the year eighteen hundred and ninety-two.

Section 4. If the amount due from any city or town, to notify
as provided in this act, is not i)aid to the treastirer of the UnqueuTciUes^'
Commonwealth within the time specified, then the said ""'' ^°^''^*-
treasurer shall notify the treasurer of such delinquent
city or town, who shall pay into the treasur}^ of the Com-
monwealth, in addition to the tax, such further sum as

53i Acts, 1892. — Chaps. 430, 431.

would be equal to one per centum per month during such
delinquency from and after the tenth day of December
in the year eighteen hundred and ninety-two ; and if the
same remains unpaid after the tirst day of January in the
year eighteen hundred and ninety-three, an information
may be filed by the treasurer of the Commonwealth in the
supreme judicial court, or before any justice thereof,
against such delinquent city or town ; and upon notice to
such city or town, and a summary hearing thereon, a
Warrant of dis- Warrant of distrcss may issue against such city or town to
trees may issue. g^fQj.(.g ^^g payment ojf Said taxes under such penalties as
said court or the justice thereof before whom the hearing
is had shall order.

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

Approved June 16, 1892.

(JJian.4:30 -^^ ^^^ relating to the returns OF FINES, FORFEITURES, COSTS,
FEES AND MONETS BY COUNTY TREASURERS.

Be it enacted, etc., as folloivs :

23^§3o.P-8., Section 1. Section thirty of chapter twenty-three of

the Public Statutes is hereby amended by striking out in

the second line of said section, the words " auditor of

the Commonwealth", and inserting in phice thereof the

words: — controller of county accounts, — so as to read

as follows : — Section 30. Every county treasurer shall

County treas- annually, in the month of January, return under his oath

annual return to to the coutrollcr of county accounts a correct statement of

county ^'^^ all fines, forfeitures, costs, fees, and moneys received by

accounts. \{\m. in criminal matters during the year next preceding

the first day of that month, and from whom received, and

also the name of each magistrate or officer who has failed

to account for and pay over to him as required by law,

and what proceedings have been had upon his bond or

otherwise.

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

Approved June 16, 1892.

QJia'n.^SI ^^ ^^'^ REQUIRING VOTES TO BE CANVASSED BY TWO ELECTION
OFFICERS OF ONE POLITICAL PARTY UNDER THE SUPERVISION OF
AN ELECTION OFFICER OF ANOTHER POLITICAL PARTY.

Be it enacted, etc. , as follows :
1S91.328 §4 Section four of chapter three hundred and twenty-eight

amended. i, iii t ' i_

of the acts of the year eighteen hundred and nmety-one
is hereby amended by striking out all of said section after

Acts, 1892. — Chap. 432. 535

the word "ninety"", in the fifth line, and inserting in
place thereof the following words : — The ballots shall be
divided into l)locks of a convenient number for canvass-
ing, and each block shall be canvassed by two election
officers representing the two leading political parties,
each of the aforesaid officers to be under the inspection
and supervision of an election officer of another political
party. The result of such canvasses shall be reported to
the presiding election officer, who shall cause the total
result of said canvasses to be correctly recorded on the
blank forms provided for that purpose. Two inspectors,
with two deputy inspectors, additional to those now pro-
vided for, may be appointed in the manner provided for
the appointment of other election officers in each voting-
precinct in cities and in towns divided into voting pre-
cincts ; and the provisions of law relative to inspectors
and deputy inspectors shall be applicable to such addi-
tional officers, — so as to read as follows; — Section 4.
Except as herein otherwise provided, the canvass of the canvass of
votes cast shall be made in accordance with the provisions ^°'*^*'
of section ninety-five of chapter four hundred and twenty-
three of the acts of the year eighteen hundred and ninety.
The ballots shall be divided into blocks of a convenient
number for canvassing, and each block shall be canvassed
by two election officers representing the two leading
political parties, each of the aforesaid officers to be under
the inspection and supervision of an election officer of
another political party. The result of such canvasses shall
be reported to the presiding election officer, who shall cause
the total result of said canvasses to be correctly recorded
on the blank forms provided for that purpose. Two
inspectors, with two deputy inspectors, additional to Additional offi-
those now provided for, may be appointed in the manner appoimed!*^
provided for the appointment of other election officers in
each voting precinct in cities and in towns divided into
voting precincts ; and the provisions of law relative to
inspectors and deputy inspectors shall be applicable to
such additional officers. Approved June 16, 1892.

An Act relative to the prevention of the spread of tuber- nj/ff^-. 4S9

CULOSIS. ^

Be it enacted, etc., as foUotvs :

Section 1. Section one of chapter fifty-eight of the os, §i,p. s.,
Public Statutes as amended by section one of chapter one '""''°'''^'^-

536 Acts, 1892. — Chap. 433.

hundred and ninety-five of the acts of the 3'ear eighteen

hundred and ninety-two is hereby amended by inserting

after the Avord " shall", in the second line of said section

as amended, the words : — in the month of July in the

year eighteen hundred and ninety-two, and thereafter, —

so as to read as follows: — Section 1. The mayor and

Mayor and aldemieu of cities and the selectmen of towns shall in the

poinnu8'pe°to?B month of July in the year eighteen hundred and ninety-

of^provision8, ^^^,y^ .^j^j thereafter annually in the month of April,

appoint one or more persons to be inspectors of provisions

and of animals intended for slaughtei' or kept for the pro-

To be sworn, j^^ctiou of milk. Such iuspcctors shall be sworn faithfully

to discharge the duties of their office and shall receive

such compensation as the city council or the selectmen

shall determine.

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

Approved June 16, 1892.

ChopA?)^ An Act relating to the abolition of certain grade cross-
ings OF THE BOSTON AND PROVIDENCE RAILROAD.

Be it enacted, etc., as foUoivs :
Grade crosa- Sectiox 1. The Commissioners appointed by the supe-

nias, Boston . ,. . v> ii , • i i i i-

and Providence rior court ot the county of Sunolk, to consider the aboli-
tioDoT ' '' ° '■ tion of the grade crossing of the tracks of the Boston and
Providence Railroad Company and Tremont street in the
city of Boston, or any (-ther commissioners appointed for
the purpose, shall, after such hearings as they may deem
necessary, prescribe the manner in which the tracks of
said company between Chester park and the towns of
Hyde Park and Dedham shall be raised, in order to abol-
ish all the grade crossings of the main line of said company
and the highway's in tlie city of Boston between said Ches-
ter park and Blakemore street in said city.
Anerations. SECTION 2. The alterations and improvements pre-

etc, to be made ., t i • i • • i n i i i i V\i

by Old Colony scribed by said commission shall be made li}^ the Old
pany. " " Colouy Railioad ('ompany, and the expenses thereof paid
by it, and for that purpose it may issue its stock from
time to time to such an amount as may be necessary, not
to exceed in all the sum of two million dollars ; such stock
to be sold at public auction
Commonwealth Section 3. The Commonwealth shall repay to said
road company raili'oad coiiipauy forty-five per cent, of the cost incurred
ceut^of co^" by said compan}^ in carrying out said alterations and im-
provements, as audited and approved by the auditors pro-

Acts, 1892. — Chap. 43:^. 537

vidcd for in chapter four hundred and twenty- eight of the
acts of the year eighteen hundred and ninety, and the
treasurer and receiver general of the Commonwealth shall
pay the amounts required therefor from any money not
otherwise appropriated, and is hereby authorized, when
requested by the governor and council so to do, to issue May issue
and sell bonds of the Commonwealth from time to time,
under such terras and conditions and with such sinking-
funds for their redemption as shall best promote the wel-
fare of the Commonwealth.

Section 4. Said city of Boston shall repay to the cityofBopton
Conmionwealth thirty per cent, of the amount repaid by rnonweaith"™
the Commonwealth to said railroad company, in twenty ejg"^'^' p®"" *^®°''
equal annual payments of one and one half per cent, of
said amount, with interest at the rate of three per cent,
per annum ; and the said treasurer and receiver general
shall in each of said twenty years include the annual pay-
ment with interest at the rate of three per cent, per
annum, required of said city in, and make the same a part
•of, the sum charged to said city as its state tax, and the
same shall be paid by the city into the treasury of the
Commonwealth at the time required for the payment, and
as a part of its state tax.

Section 5. Sections one to eight, inclusive, of chap- Provisions
ter four hundred and twenty-eight of the acts of the year "^^ "^^
eighteen hundred and ninety, and all acts additional to or
in amendment thereof, shall, so far as they do not conflict
with the foregoing provisions, be applicable to all pro-
ceedings under this act.

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

Approved June 16, 1892.

ChapAU

An Act authokizing cektaik improvements in the sudburt

RIVER IN the towns OF WESTBOROUGH AND HOPKINTON.

Be it enacted, etc., as follows:

Section 1. For the purpose of protecting and pre- city of Boston
serving the purit}^ of the water of the Sudbury rivei-, the "rOTemMusTor
city of Boston, by the Boston water board, may, where- ^"tero"^^**^
ever said board shall deem necessary within the towns of Sudbury river.
Westborough and Hopkinton, from time to time, widen,
deepen and straighten the existing channels of, or make
new channels for, the Sudlniry river and its tributaries,
and may construct ditches connecting with said river or
its tributaries, and may, from time to time, repair and

538 Acts, 1892. — Chap. 434.

maintain the said channels and ditches as now existing, or
as so changed, altered or constructed.

Jtc.fln ngls- Section 2. Said city, from time to time, before con-

tjjes^fo'' dis- structing any improvement hereinbefore described, shall
file in the registries for the districts in which the lands
lie, a map or maps, showing thereon as far as practicable
the existing channels of said river and its tributaries, the
changes or widenings proposed to be made therein, and
the locations and sizes of an}^ ditches proposed to be
made.

piTbiic wlysr" Section 3. The said city may, by said board, in car-

e'c. rying out the purposes aforesaid, enter upon and dig up

any public way or railroad, and conduct any channel of
said river or its tributaries, or any ditches across the same,
and, in case any channel or ditch passes under any exist-
ing bridge, it shall be left by the city in good condition,
and if across any highway or railroad a new channel or
ditch is constructed, the said city shall compensate the
town or railroad corporation for constructing and main-
taininof a suitable bridsre over the same.

property. Section 4. Any person claiming to be injured in

property by any act done by said city under the authority
of this act, if the said water board acting for said city
fails to make satisfactory compensation therefor, may at
any time within three years after the said filing of a map
or maps by the city, petition the superior court for the
county of Worcester for a jury to determine the amount
of his damages, and thereupon after such notice as the
court shall order, a trial shall be had at the bar of said
court in the same manner as other cases are tried by jury.

Damages, etc. jj^ estimating the damages caused by such acts there shall
be allowed liy way of set-oft" the benefit, if an3% to the
property of the petitioner by reason thereof, and interest
shall be added from the date of filing his petition as afore-
said ; costs shall be taxed and execution issued for the
prevailing party as in civil cases.

Work per- Section 5. If Said citv, in carrying; out the powers

lorraed ontsine „ -ii i" i ••

city limits, to be aforesaid, does any work or makes any repairs in any
pres'crrb™'^" pubHc Way which is outside its limits, it shall do the work
and make the repairs in such manner and with such care
as not to render the way unsafe or urinecessarily incon-
venient to the pul)lic tiavel thereon, and in accordance
with such reasonable regulations as the selectmen of the
town in which such way may be located shall prescribe,

Acts, 1892. — Chap. 435. 539

and shall restore the way to as good order and condi-
tion as it was in when such work or repairs therein
commenced.

Section G. Said city shall at all times indemnify and ^^S"^
save harmless any town against all damages and costs damages.
which may be recovered against such town, on account of
any defect or want of repair in any of the public ways of
such town, caused by any act done under the authority
of this act or by any negligence of said city and its agents,
and shall reimburse to such town all reasonal)le costs and
expenses incurred by it in the defence of suits for such
recoveries, provided that said city has notice of any claim
or suit for such damages and an opportunity to assume
the defence thereof.

Section 7. Nothing in this act shall be construed to Not to interfere
authorize the city of Boston to interfere with the present piy onow'n ot''"
water supply of the town of VVestborough, or with the ^^^eetborough,
watershed of said water sup})ly above the present reser-
voir dam of such supply.

Section 8. This act shall take effect upon its passage.

A2)2>roved June 16, 1892.

An Act in relation to fraternal beneficiary corporations (JJi(ij),4^35

AND OTHER CORPORATIONS ORGANIZED FOR THE TRANSACTION
OF INSURANCE UPON THE ASSESSMENT PLAN.

Be it enacted, etc. , as follows :

Section 1. The supreme iudicial and superior courts Fraternal

,1,1 •,. T ■ i'-Tj.- • beueflciary cor-

snall nave exclusive and concurrent jurisdiction in cases poratious, etc.
of insolvency, of the settlement of the affairs of corpora-
tions which are authorized to transact insurance upon the
assessment plan, or of any fraternal beneficiary corpora-
tions which are so authorized, and to that end may appoint
agents or receivers to take possession of the property and
effects of the corporations, subject to such rules and orders
as may from time to time be prescribed by said courts, or
any justice thereof. The jurisdiction of said courts in all couJ.t8.'''"°° °^
such cases now pending before them, and all orders and
decrees issued by said courts or any justice thereof appoint-
ing receivers to take possession of the property and effects
of said corporations and distribute same under direction
of said courts, are hereb}' afBrmed,

Section 2. This act shall not impair the jurisdiction Not to impair
of the insolvency courts of this Commonwealth in any ineoiv'e'ucy" °
cases now pending before them relating to the settlement *=°""^-

5i0 Acts, 1892. — Chaps. 436, 437.

of the affairs of the above-described corporations, which
are insolvent, but the jurisdiction of said insolvency courts
in such cases is hereby affirmed.

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

Approved June 16, 1892.

ChcipASQ ^N Act to cokfirm the proceedings of the annual town

MEETING OF THE TOWN OF CONWAY.

Be it enacted, etc., as follows :
fowifmieUDg^ Section 1. The proceedings of the annual town meet-
coufirmed, ji^g of the town of Couway 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 calling such meeting, of a
specification of the time of opening the polls, or by reason
of any action taken by said meeting with reference to keep-
ing open said polls or closing the same, or by reason of
any irregularity in the posting of the specimen ballots.
Section 2. This act shall take effect upon its passage.

Aj)proved Jane 16, 1892.

Chnp.4:37 ^^ ^^"^ "^^ AUTHORIZE THE PARK STREET CONGREGATIONAL SOCI-
ETY IN BOSTON TO ACQUIRE ALL TOMBS AND RIGHTS OF INTER-
MENT UNDER THE MEETINGHOUSE OF SAID SOCIETY AND TO
PROHIBIT FURTHER INTERMENTS THEREIN.

Be it enacted, etc. , as follows :
May take all Section 1. The Park Street Conirrefrational Society

tombs under . xi i i • i f

meetinghouse, in Boston may take all tombs under the meetinghouse ot
said society, and all rights of interment therein, the same
having been first appraised by some disinterested person
to be appointed by any justice of the superior court in
the county of Suflblk, a commissioner for that purpose, in
term time or in vacation, upon petition of said society,
and after such notice to the proprietors of said tombs and
rights of interment as is provided by section three of this
act ; or said society may agree with any owner or owners
of said tombs or rights, for the purchase of said tombs and
the extinguishment of any rights of interment therein. In

Appraisal. the appraisal, the measure of damages shall be not less
than the cost of purchasing a suitable burial lot and erect-
ing a tomb in Forest Hills or Mount Auburn cemetery,
similar to the tomb taken, and also the reasonable expense
of the removal and reinterment of all bodies or remains
therein ; and the report of said commissioner, when made

Acts, 1892. — Chap. 438. 541

to and accei)ted by said court or a justice thereof, in term
time or vacation, shall be final, except as hereinafter pro-
vided, and his compensation shall be fixed by the court
and paid by the society.

Sectiox 2. Either partv, if as^rieved by the award I'-yt'esag-

. . 1 1 • • gneved may

of said commissioner, may api)ly by petition to the supe- petition for a
rior court for the county of Suffolk, at any time within six "'' ^ ^"'^'
months after the said award shall have been accepted, and
a trial shall be had at the l)ar of the court, in the same
manner in which other civil cases are there tried by a jury.
In such trial the measure of damages shall be as provided
in section one of this act. If either party request, the jury
shall view the place in question.

Section 3. Whenever said society, by vote, at a society to give
meeting legally called for that purpose, determines to oftombsltic?^
take any such tombs or rights, and an award shall have
been made as provided under section one of this act, they
shall give notice to all persons interested in such tombs,
by serving such notice upon at least one owner of each
tomb, if such owner be known, and also, unless service is
made upon all the owners of the tombs and rights pro-
posed to be taken, by publishing such notice for three
successive weeks in two newspapers at least, printed in
said Boston, that all bodies and remains interred in said
tombs must be removed within sixty days after such notice,
or after such first publication. And in case said bodies or
remains have not been removed within said sixty days. May remove
said society may cause said bodies and remains to be ''°'^"-'''-
removed and interred in such a tomb as is specified in
section one, and there shall, in such case, be deducted
from the amount of the award or verdict the expense of
acquiring and erecting such lot or tomb and of removal or
reinterment of the bodies or remains.

Section 4. No interments shall hereafter be made in interments.
an}' of the tombs under said meetinghouse nor shall a
temporary deposit of dead bodies be hereafter made in
any of said tombs.

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

Ajyjyroved June 16, 1892.

Ax Act in addition to an act to provide an open space on QJinj^ dQg

THE EAST SIDE OF THE STATE HOUSE EXTENSION. ^ '

Be it enacted, etc., as foUoios :

Section 1. In order to defray the expenses that may Treasurer to
be incurred by the state house construction commissioners, e^c^.^rp^ovide

542

Acts, 1892. — Chap. 433.

for payment of
lands taken for
open space on
east side of state
house exten-
sion.

Scrip sold to be
part of loan
under 1S8S, 349,
and 188.1, 300.

Sinking fund,
etc.

appointed under authority of chapter three hundred and
ninety-four, acts of the year eighteen hundred and eighty-
nine, under the provisions of chapter four hundred and four
of the acts of the year eighteen hundred and ninety-two,
the treasurer and receiver general is hereby authorized,
under the direction of the governor and council, to issue
scrip or certificates of debt in the name and behalf of the
Commonwealth to such amount as may be necessary,
redeemable on the first day of July in the year nineteen
hundred and one ; said scrip to bear interest at a rate not
exceeding four per cent, per annum, payable semi-annually
on the first days of January and July at the ofiice of the
treasurer and receiver general in Boston ; said scrip shall
be issued from time to time, as may be necessary, either
as registered bonds or with interest coupons attached, and
no portion of said scrip shall be disposed of at any price
less than the par value thereof. Any sum or sums of
money necessary to pay the expenses mentioned in said
chapter four hundred and four of the acts of the year
eighteen hundred and ninety-two, is hereby appropriated
to be paid out of the proceeds of the sale of the scrip afore-
said, or from any other money in the treasury not other-
wise appropriated.

Sectiox 2. Any scrip sold and issued under the pro-
visions of this act shall be considered as an addition to and
shall become a part of the loan authorized hy chapter
three hundred and forty-nine of the acts of the year eight-
een hundred and eighty-eight and chapter three hundred
of the acts of the year eighteen hundred and eighty-nine.

Section 3. The sinking fund established under the
provisions of chapter two hundred and twenty-four of the
acts of the year eighteen hundred and ninety-one, for
the extinguishment of the debt authorized by chapter
three hundred and forty-nine of the acts of the year eight-
een hundred and eighty-eight and chapter three hundred
of the acts of the year eighteen hundred and eighty-nine,
shall be a sinking fund for the payment of the debt con-
tracted under the provisions of this act, and shall be in-
creased for that purpose in the following manner. The
treasurer and receiver general of the Commonwealth shall
pay into said sinking fund all [)remiums and incomes
received from the sale of scrip authorized by this act, and
each year there shall be raised by taxation and paid into
said sinkino- fund such sums as will with their accretions

Acts, 1892. — Chap. 439. 543

extinguish the debt at its maturity ; the amount of such
sums shall be determined by the treasurer and receiver
general.

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

Approved June 16, 1892.

An Act in addition to the sevehal acts making appropbia- ChapA2S)

TIONS FOR EXPENSES AUTHORIZED THE PRESENT YEAR AND FOR
CERTAIN OTHER EXPENSES AUTHORIZED BY LAW.

Be it enacted, etc., asfolloivs:

Section 1. The suras hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified in certain acts and resolves of the present year,
and to meet certain other expenses authorized by law,
to wit : —

For expenses of committees of the present legislature, Expenses of

to include compensation and expenses of committees ap- *='""™'"''««-

pointed to sit during the recess, a sum not exceeding ten

thousand dollars, the same to be in addition to the amounts

heretofore appropriated.

For the compensation of iudsjes of probate and insol- Judges of pro-
i. f , !• 1 • I ^''^^*^ '"^d insol-

vency, actmg tor judges oi prol)ate and insolvency in other veucy.

counties, where the judge of said county is sick or the office
is vacant, as provided for in chapter three hundred and
thirty-seven of the acts of the present year, a sum not ex-
ceeding five thousand dollars.

For the compensation and expenses of a commission to Commission to
improve the highways of this Commonwealth, a sum not w'^ays!^*^ '^
exceeding ten thousand dollars, as authorized by chapter
three hundred and thirty-eight of the acts of the present
year.

For assistants, travelling and incidental expenses of the Metropolitan
^Metropolitan park commissioners, established by chapter Bk)'ner8".™"'*"
three hundred and forty-two of the acts of the present
year, a sum not exceeding six thousand dollars.

To enable the towns of Sandwich, Bourne and Mashpee Sciiooi superin-
to employ a school superintendent, as provided for by sTudwicCetc.
chapter three hundred and forty-four of the acts of the
present year, the sum of one thousand dollars.

For index books to records of births, marriages and index books.
deaths, as required by section fourteen of chapter thirty-
two of the Public Statutes, a sum not exceeding five hun-
dred dollars.

Acts, 1892. — Chap. 439.

Electoral
college.

Blank books.

Registrars of
voters.

Granting of
licenses.

Board of arbi-
tration, etc.

School superin-
tendent for
L>eunis and
.Yarmouth.

Abolition of
grade crossings.

William H.
Robison.

Normal school,
Westtield.

Charitable eye
and ear in-
firmary.

For compensation and expenses of the electoral college,
a sum not exceeding five hundred dollars.

For furnishino; boards of health with blank books for
the record of contagious diseases, as provided for in chap-
ter ninety-eight of the acts of the year eighteen hundred
and eighty-four, a sum not exceeding five hundred dollars.

For furnishino; suitable blank books to registrars of
voters, as provided for in section eleven of chapter three
hundred and fifty-one of the acts of the present year, a
sum not exceeding one thousand dollars.

For expenses in connection with the act in relation to
the granting of licenses for the sale of intoxicating liquor
in towns which are summer resorts, a sum not exceeding
two hundred dollars.

For travelling, incidental and contingent expenses of
the state board of arbitration and the compensation of
expert assistants, a sum not exceeding two thousand dol-
lars, being in addition to the eighteen hundred dollars
appropriated by chapter thirty of the acts of the present
year, the increase being necessary to carry out the pro-
visions of chapter three hundred and eighty-two of the acts
of the present year.

To enable the towns of Dennis and Yarmouth to employ
a school superintendent, as provided for by chapter three
hundred and sixty of the acts of the present year, the sum
of one thousand dollars.

For the payment of expenses in connection with the
abolition of grade crossings, as provided for in section
three of chapter four hundred and twenty-eight of the acts
of the year eighteen hundred and ninety, as also chapter
three hundred and seventy-four of the acts of the present
year, a sum not exceeding fifty thousand dollars, the same
to be in addition to any amounts heretofore appropriated.

For William H. Kobison, the sum of five hundred dol-
lars, as authorized by chapter eighty-two of the resolves
of the present year.

For the state normal school at Westfield, the sum of
five hundred fifty-four dollars and fifty cents, as author-
ized by chapter eighty-three of the resolves of the present
year.

For the Massachusetts charitable eye and ear infirmary,
a sum not exceeding twenty thousand dollars, as author-
ized by chapter eighty-five of the resolves of the present
year.

Acts, 1892. — Chap. 439. 54:5

For altering, improving and for the perpetual care of h"of Go"/rnor
the Imrial lot of governor \Villiani Eiistis in the town of Wiiiium Eustis.
Lexington, a sum not exceeding five hundred dollars, as
authorized by cha[)ter eighty-six of the resolves of the
present year.

For the better enforcement of the law regulating the Practice of
practice of pharmacy, a bum not exceeding one thousand ^ '"■™'*'=y-
dollars, as authorized bf chapter eighty-seven of the
resolves of the present ^ear.

For printing extra copies of the fourth report of the Report of com-
commissioner of public records of parishes, towns and ^ubacreco°rds.
counties, as authorized i)y chapter eighty-eight of the
resolves of the present year, a sum not exceeding one
hundred dollars.

To provide for repairing damage caused by tire at the state primary
state primaiy school at Monson, a sum not exceeding ^'^'"'°'-
twenty-five hundred dollars, as authorized by chapter
eighty-nine of the resolves of the present year.

For clerk hire and incidental expenses of the reporter cierk hire, etc.,
of decisions of the supreme judicial court, the sum of one deci's'ioM of °
thousand dollars, as authorized by chapter three hundred ciurco"lln!"^'"
and eighty of the acts of the present year, being in addi-
tion to the amount heretofore appropriated for the same
purpose.

For expenses in connection with the state printing con- state printing
tract, as authorized by chapter ninety of the resolves of '^''°""*''-
the present year, a sum not exceeding two hundred
dollars.

For expenses in connection with an investigation of the Paupers, etc.
burdens imposed on the Commonwealth by the immigra-
tion of paupers and criminals, a sum not exceeding one
thousand dollars, as authorized by chapter ninety-one of
the resolves of the present year.

For the purchase of land and buildings and for the con- Wesiborough
struction of a silo for the Westborough insane hospital, a i"^'*"^ ^^yi"-"-
sum not exceeding ten thousand dollars, as authorized by
chapter ninety-two of the resolves of the present year.

For compensation and expenses of the commissioners commissioners
for consolidating and arranging hnvs relating to elections, e?eVti"nUwf.
as authorized by chapter ninety-four of the resolves of the
present year, a sum not exceeding three thousand dollars.

For the payment of expenses in connection with the Hearing before
hearing before the harbor and land commissioners relative commLsi'o'nersf
to building a bridge between Boston and East Boston, as

5^6

Acts, 1892. — Chap. 439.

Room for state
board of health,

New England
industrial
school for deaf
mutes.

Doorkeepers,
etc.

Commissioner
of public
records of
parishes, etc.

Ballot law
commissioners.

Massachusetts

agricultural

college.

Transportation
of slate publi-
cations.

Improvement
of lands at
Provincetown.

Office of the
secretary of the
Common-
wealth.

authorized by chapter ninety-five of the resolves of the
present year, the sum of one thousand dollars.

For leasing and furnishing a room to be used as a labor-
atory by the state board of health, a sum not exceeding
five hundred dolhirs, as authorized I)y chapter ninety-six
of the resolves of the present year.

For the New England industrial school for deaf mutes,
the sum of two thousand doUai's, as authorized by chapter
ninety-eight of the resolves of the present year.

For the doorkeepers, messengers and pages of the sen-
ate and house of representatives, the sum of forty-two
hundred and sixty-eight dollars, as authorized by chapter
ninety-nine of the resolves of the present year.

For services of the commissioner of pul)lic records of
parishes, towns and counties, from the first day of March
to and including the thirty-first day of May of the pres-
ent year, the sum of five hundred dollars, being in addi-
tion to any amount heretofore appropriated for the salary
of said commissioner ; the rent, clerical assistance and
incidental ex[)enses of said commissioner during the time
as above stated shall be ))aid from the api)ro])riation for
travelling, clerical and other expenses in chai)ter three
hundred and eighty-five of the acts of the present year.

For compensation and expenses of the ballot law com-
missioners, a sum not exceeding fifteen hundred dollars,
as authorized by cha[)ter four hundred and six of the acts
of the present year.

For providing a tool house and for rebuilding the Dur-
fee plant house at the Massachusetts agricultural college,
a sum not exceeding eight thousand dollars, as authorized
by chapter one hundred of the resolves of the present
year.

For the payment of transportation of state publications
furnished to free public lil)raries, a sum not exceeding
five hundred dollars, as authorized by chapter four hun-
dred and twenty-two of the acts of the present year.

For such expenses as may be necessary to carry out the
provisions of chapter four hundred and twenty of the acts
of the present year relative to the improvement of lands
belonging to the Commonwealth at Provincetown, a sum
not exceeding three thousand dollars.

For incidental and contingent expenses in the oflSce of
the secretary of the Commonwealth, to carry out the pro-
visions of section eighteen of chapter four hundred and

Acts, 1892. — Chap. 440. 547

sixteen of the acts of the present year, a sum not exceed-
ing one hundred dollars, being in addition to any amount
heretofore appropriated.

For huilding an asylum for the chronic insane, as pro- Asylum for
vided for by chai)tcr four hundred and twenty-five of the '^^"■^""^ '"»='"®-
acts of the present year, a sum not exceeding one hun-
dred and fifty thousand dollars ; for the compensation of
the building committee provided for in said act, a sura
not exceeding sixty-five hundred dollars, and for the
travelling and other necessary expenses of the trustees of
said asylum, a sum not exceeding fifteen hundred dollars.

For Mary McDonald, a sura not exceedino- one hun- J^ary

•^ . ~ ilcDonald.

dred dollars, as provided for in chapter one hundred and
two of the resolves of the present year.

For the town of Natick, the sum of thirty-two dollars Town of
and four cents, as authorized by chapter one hundred ^''"'^^^
and four of the resolves of the present year.

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

Ap'proved June 16, 1892.

An Act relating to the equity docket of the superior court niiri^) 44 Q

IN THE counties OF SUFFOLK AND MIDDLESEX.

Be it enacted, etc. , as follows :

Section 1. Section five of chapter two hundred and isss, sio, §5

1 f ^ c ^ ' \ ITT ameuclea.

twenty-three or the acts 01 the year eighteen hundred

and eighty-three, as amended by chapter three hundred

and sixteen of the acts of the year eighteen hundred and

eighty-four, is amended to read as follows: — Such suits

shall be. entered upon the same docket as other cases in Equity docket.

the superior court, except in Middlesex and Suffolk

counties, where they shall be entered upon a separate

docket, which shall be called the equity docket. All

process shall be raade returnal)le at the term next after Process

fourteen days from the service of the process, if required '■'''^"^■"^^^®-

to be served fourteen days before the return day, or at

the term next after thirty days from such service, if

required to be served thirty days before the return day,

or at any rule day within three months after the service

of the process.

Section 2. This act shall take effect on the first day To take effect
of July in the year eighteen hundred and ninety-two. July 1,1392

Approved June 16, 1892.

548

Kesolves, 1892. — Chaps. 1, 2, 3, 4.

RESOLVES.

Chcin. 1 Resolve authorizing the publication of a bulletin of com-

mittee HEARINGS.

Bulletin of
committee
hearings.

Resolved, That the committee on rules he authorized to
publish, twice a week or oftener, a bulletin of the matters
assigned for hearing before committees, and be authorized
to employ clerical assistance at an expense not to exceed
five hundred dollars for preparing the same, and to have
it printed by the state printers.

Approved January 25, 1892.

Chcin. 2 Resolve authorizing the treasurer to borrow money in

ANTICIPATION OF REVENUE.

Treasurer may Resolvecl, That the treasurer and receiver general be

borrow money i i • i i i • i • • •

in anticipation aud he IS hereby authorized to borrow^ in anticipation of
the receipts of the present year, such sums of money as
may from time to time be necessary for the payment of the
ordinaiy demands on the treasury, at any time before the
expiration of fifteen days after the meeting of the next
general court, at such rates of interest as shall be found
necessary ; and that he repay any sums he may borrow
under this resolve as soon as money sufficient for the pur-
pose, and not otherwise appropriated, shall be received
into the treasury. Approved February 5, 1892.

Chap. 3

Widow of
Charles F.
Loring.

Chap.

Massachusetts
soldiere' home.

Resolve in favor of the widow of the late charles f. loring.

Resolved, That there be allowed and paid from the
treasury of the Commonwealth to the widow of the late
Charles F. Loring, councillor elect, the amount of salary
to which said Loring would have been entitled had he
lived until the expiration of his term of office.

Appiroved February 12, 1892.

A Resolve in favor of the soldiers' home in Massachusetts.
Resolved, That there be allowed and paid out of the

treasury of the Commonwealth to the trustees of the

Resolves, 1892. — Chaps. 5, 6, 7, 8. 549

soldiers' home in Massachusetts, the sum of thirty thou-
sand dolhirs, the 5<ame to be used towards the maintenance
of a home for deserving soldiers and sailors.

Aj)proved February 13, 1892.

Resolve providino against depredations by the insect known H'hf.y. r

AS THE OCNERIA DISPAR OR GTPSY MOTH. ^ '

Resolved, That there be allowed and paid out of the Gypsy moth.
treasury of the Common w^ealth a sum not exceeding
seventy-five thousand dollars, which sum may be expended
under the direction of the state board of agriculture in
continuing the work of exterminating the insect known as
the ocneria dispar or gypsy moth, as provided for in chap-
ter two hundred and ten of the acts of the year eighteen
hundred and ninety-one. The above sum shall be in addi-
tion to any balance remaining unexpended of the appro-
priations of the year eighteen hundred and ninety-one.

Approved February 19, 1892.

KeSOLVE in FAVOR OF THE WIDOW OF THE LATE GARDINER TUFTS, /"yt n

Itesolved, That there be allowed and paid out of the widow of
treasury of the Commonwealth to the widow of the late Gardiner Tufts.
Gardiner Tufts who died on the twenty-seventh day of
November in the year eighteen hundred and ninety-one,
and who sensed as superintendent of the Massachusetts
reformatory from the time it was first opened until his
death, and who for many years was a faithful servant of
the Commonwealth, the sum of three hundred fifty-nine
dollars and seventy-two cents, being the amount of salary
he would have received had he lived to perform service as
superintendent as aforesaid to the end of the year eighteen
hundred and ninety-one. Approved February 29, 1892.

Resolve in favor of the town of oxford. OTinn 7

Resolved, That there be allowed and paid out of the Town of
treasury of the Commonwealth to the town of Oxford, the ^^^''"i-
sum of two hundred sixty-six dollars and nineteen cents,
to reimburse said town for money paid the Danvers luna-
tic hospital for the board of Sarah B. Dodge, a state luna-
tic pauper. Approved March 4, 1892.

Resolve in favor of .joanna l. cox. Chnr) 8

Resolved, That there be allowed and paid out of the joannaL. cox.
treasury of the Commonwealth to Joanna L. Cox of Dux-

550

Resolves, 1892. — Chaps. 9, 10.

Chajp.

Collection of
statistics relat-
ing to rented
tenements in
Boston.

bury, widow of Charles J. Cox, the sum of one hundred
sixty-six doHars and sixty-seven cents, and that, from and
after the first day of January in the year eighteen hundred
and ninety-two, there be allowed and paid to said Joanna
L. Cox, an annuity of one hundred dollars during her
natural life, in equal quarterly payments ; the above being
the renewal of an annuity granted by the general court
in the year eighteen hundred and seventy-nine, to Charles
J. Cox, who lost both eyes ])y reason of a sunstroke
received while in the service of the United States as a
member of the eighteenth regiment, Massachusetts vol-
unteers, and who died on the twenty-ninth day of April in
the year eighteen hundred and ninety.

Approved March 4, 1892.

9 Resolve providing for the collection bt the bureau of
statistics of labor of certain statistics relative to
families residing in rented tenements in the city of

BOSTON.

Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth the sum of two thousand dollars
in addition to the sum now provided by law, for the pur-
pose of completing the collection of statistics relative to
families residing in rented tenements in the city of Boston,
as required by chapter one hundred and fifteen of the
resolves of the year eighteen hundred and ninety-one, said
sum to be expended by the bureau of statistics of labor.

Approved March 4, 1892.

Chcip. 10 Resolve relating to the Gettysburg battlefield Memorial

ASSOCIATION.

bauiefieid^ i?eso?{)ecZ, That there be allowed and paid out of the

memorial asso- trcasuiy of the Commoiiwcalth to the Gettysburg battle-
field memorial association, a corporation existing in the
state of Pennsylvania, a sum not exceeding four hundred
dollars, for the purpose of completing and caring for the
granite and bronze monument in the course of erection at
a certain copse of trees on the crest of Cemetery liidge,
on the battlefield of Gettysburg, known as the "high
water mark of the rebellion"; at which copse of trees
Longstreet's famous assault was directed, on the third day
of July in the year eighteen hundred and sixty-three,
which was met at that point and repulsed by union troops,
in which repulse the fifteenth, nineteenth and twentieth

Resolves, 1892. — Chaps. 11, 12, 13, 11. 551

IMtissaoliusetts infantry, the first Massachusetts sharp-
shooters and the fifth ^lassachusetts battery participated.

Approved March 4, 1892.

Resolve in favor of james burke. Chap. 11

Resolved, That there be allowed and paid out of the james Burke.
treasury of the Commonwealth to James Burke of Turner's
Falls, an annuity' of one hundred dollars, for the term
of five years from the first day of January in the year
eighteen hundred and ninety-two, in equal quarterly pay-
ments ; on account of injuries received in the Hoosac
tunnel while in the employ of the Commonwealth : pro-
vided, that in the event of the decease of the said Burke
within said term of five years this annuity shall cease.

Approved March 4, 1892.

Resolve in relation to the topographical survey and map (Jhnj) 1 9

OF MASSACHUSETTS.

Resolved, That there be allowed and paid out of the Topographical
treasury of the Commonwealth a sum not exceeding ^"''^^y-
eighty-five hundred dollars, which sum may be expended
by the commissioners on the topographical survey and
map of Massachusetts, for continuing the determination
by triangulation of the boundary lines of the cities and
towns of this Commonwealth during the year eighteen
hundred and ninety-two. Approved March 10, 1892.

Resolve providing for certain repairs and improvements at njirijy 1 Q

THE state farm AT BRIDGEWATER. "^

Resol/ved, That there be allowed and paid out of the treas- state farm at
ury of the Commonwealth a sum not exceeding twenty- ^'■"^g®"'^*^''-
three thousand dollars, to be expended under the direction
of the trustees and superintendent at the state farm at
Bridgewater, for the following purposes : for heating,
lighting, plumbing and furnishing new workhouse build-
ings, a sum not exceeding seven thousand dollars ; for
yard walls, concrete walks, paving and stone crushing
plant, a sum not exceeding ten thousand dollars ; and for
repairs of chapel building and providing additional room,
a sum not exceeding six thousand dollars.

Approved March 15, 1892.

Resolve in favor of john Charles. ChaT) 14

Resolved, That John Charles of Chelsea, who served as a john charies.
seaman in the United States navy during the war of the

552 Resolves, 1892. — Chaps. 15, 10, 17.

rebellion, and who at the time of his enlistment was
a citizen of Boston, shall, from and after the passage of
this resolve, be eligible to receive state or military aid
under the provisions, rules and limitations of chapters two
hundred and seventy-nine and three hundred and one of
the acts of the year eighteen hundred and eighty-nine, to
the same extent that he would have been entitled had he
served during his term of enlistment to the credit of this
Commonwealth. Ap2)roved March 17, 1892.

Chap. 15 Resolve to confirm the acts of edward l. tead as a jus-
tice OK THE PEACE.

f S''^ ^' Resolved, That all acts done by Edward L. Tead as a jus-

ieacra^cu^^ ticc of the pcacc, between the twenty-third day of April
confirmed. and the scveiith day of July, inclusive, in the year eight-
een hundred and ninety-one, are hereby confirmed and
made valid to the same extent as though he had been dur-
ing that time qualified to discharge the duties of said office.

Approved March 17, 1892.

Chap. 16 Resolve in favor of mary powers.

Mary rowers. Eesolved, That Mary Powers of Boston, widow of John
Powers who was a seaman in the United States navy dur-
ino; the war of the rebellion, serving: on board the Meta-
comet, Tuscarora, Mohican and other vessels, and who
was a citizen of Massachusetts at date of enlistment, shall,
from and after the passage of this resolve, be eligible to
receive state aid under the provisions, rules and limita-
tions of chapter three hundred and one of the acts of the
year eighteen hundred and eighty-nine, in the same man-
ner and to the same extent she would have been had the
said John Powers served to the credit of this Common-
wealth. App>roved March 19, 1892.

Ghap. 17 Resolve in favor of sidney herrick.

Sidney Herrick. Resolved, That Sidney Herrick, a resident of Marble-
head, Massachusetts, who served in the United States nav}^
as landsman during the war of the rebellion, and who at the
date of enlistment was a citizen of this Commonwealth,
shall, from and after the passage of this resolve, be eligible
to receive state aid under the provisions, rules and limita-
tions of chapter three hundred and one of the acts of the
year eighteen hundred and eighty-nine, in the same manner

Norton.

Eesolves, 1892. — Cuaps. 18, 19, 20. 553

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

Approved March 19, 1892.

Resolve in favor of shubael c. norton. Chap. 18

Resolved, That Shubael C. Norton, a resident of Edgar- Bhubaeic.
town, Massachusetts, who served in the United States
navy during the war of the rebellion, and who at the date
of enlistment was a citizen of this Commonwealth, shall,
from and after the passage of this resolve, be eligible to
receive state aid under the provisions, rules and limita-
tions of chapter three hundred and one of the acts of the
year eighteen hundred and eighty-nine, in the same manner
and to the same extent that he would have been entitled
had he served to the credit of this Commonwealth.

Approved March 19, 1892.

Chaj). 19

Resolve in favor of the Massachusetts agricultural

COLLEGE.

Resolved, That, from and after the first day of January Massachusetts
in the year eighteen hundred and ninety-three, there shall couege."'^'^
be paid annually, for the term of four years, from the
treasury of the Commonwealth, to the treasurer of the
Massachusetts agricultural college at Amherst, the sum of
ten thousand dollars, to be expended under the direction
of the trustees for the following purposes : five thousand
dollars for the establishment of a labor fund to assist needy
students of said college ; and five thousand dollars to pro-
vide the theoretical and practical education required by its
charter and the law of the United States relating thereto.
Said sums shall be paid in equal quarterly payments.

Approved March 19, 1892.

Resolve in favor of samuel h. damon. Chan 20

Resolved, That Samuel H. Damon of New Bedford, samuein.
Massachusetts, who served in the United States navy dur-
ing the war of the rebellion as acting ensign, and who at
date of appointment as such was a resident and citizen of
Massachusetts, shall, from and after the passage of this
resolve, be eligible to receive state or military aid under
the provisions, rules and limitations of chapters three hun-
dred and one and two hundred and seventy-nine of the
acts of the year eighteen hundred and eighty-nine, in the

Damon.

551 Kesolves, 1892. — Chaps. 21, 22, 23, 24.

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

Approved March 19, 1892.

Chup. 21 Rksolve to provide for the sale of land at the framing-

IIAM NORMAL SCHOOL.

Do?mluch"oi. Be^olved, That the board of education be authorized
to sell an unused lot of land, formerly used for the pur-
pose of sewage disposal, at the Framingham normal
school, and to pay the proceeds thereof into the treasury
of the Commonwealth. Approved March 19^ 1892.

CllCip. 22 Resolve in favor of george h. qould.

George H. Resolved, That Georo;e H. Gould of Boston, who served

in the United States marme corps dunng the war or the
rebellion as George H. Gaffiney, and who at date of enlist-
ment was a resident and citizen of this state, shall, from
and after the passage of this resolve, be eligible to receive
state or military aid under the provisions, rules and lim-
itations of cha})ters three hundred and one and two hun-
dred and seventy-nine of the acts of the year eighteen
hundred and eighty-nine, in the same manner and to the
same extent that he would have been had he served to the
credit of this Commonwealth. Approved March 19, 1892.

CllClV' 23 Resolve in favor of john ord.

johnord. Resolved, That John Ord, a resident of Medfield, who

was a musician in the band of the ninth regiment, United
States infantry, during the war of the rebellion, and who
at date of enlistment therein was temporarily in the state
of California, although a resident of Massachusetts since
infiincy, shall, from and after the passage of this resolve,
be eligible to receive state or military aid under the pro-
visions, rules and limitations of chapters three hundred
and one and two hundred and seventy-nine of the acts of
the year eighteen hundred and eighty-nine, in the same
manner and to the same extent that he would have been
had ke served to the credit of this Commonwealth.

Approved March 19, 1892.

CJlCin. 24 Resolve in favor of luther f. chamberlain.

Luther F. ResoIved, That there be allowed and paid out of the

treasury of the Commonwealth to Luther F. Chamberlain
of Somerville, the sum of one hundred and fifty dollars,

Eesolves, 1892. — Chaps. 25, 2G, 27. 555

in full compensation for loss of time and all expenses
in consequence of injuries received in the town of Dan-
vers on the thirtieth day of September in the year eight-
een hundred and ninety-one, while on duty as a private
in company M, eighth regiment, Massachusetts vohinteer
infantry ; said injury being a gunshot wound received in
a sham light on the date above-mentioned, while acting
under orders of the commander in chief.

Approved March 19, 1892.

Resolve in favor of the widow of the late Hamilton b. (JJidj)^ 25

STAPLES.

Resolved, That there be allowed and paid out of the widow of
treasury of the Commonwealth to the widow of Hamilton staples!"
B. Staples late justice of the superior court of Massachu-
setts, who died on the second day of August in the year
eighteen hundred and ninety- one, the sum of two thousand
and tifty-six dollars and forty-five cents, being the amount
of salary which the said Hamilton B. Staples would have
been entitled to receive had he lived until the thirty-
first day of December in the year eighteen hundred and
ninety-one. Approved March 19, 1892.

Chap. 26

Resolve to provide for the exchange of certain published

COPIES OF the early ACTS AND RESOLVES OF THE GENERAL
COURT.

Resolved, That the secretary of the Commonwealth be Exchange of
authorized to furnish each state and territorial library in acuTnd^ ^^''^
the United States with one copy of the acts and resolves resolves.
of the general court from the adoption of the constitution
to the year eighteen hundred and six, the publication of
which is authorized by chapter one hundred and four of
the resolves of the year eighteen hundred and eighty-
nine ; and that he be further authorized to furnish fif-
teen copies thereof to the state library for purposes of
exchange. Approved March 19, 1892.

Resolve providing for certain improvements at the state ni.fj^^ 07

ALMSHOUSE AT TEWKSBURY. "'

Resolved, That there be allowed and paid out of the state almshouse
treasury of the Commonwealth a sum not exceeding eleven a'Tewksbury.
thousand dollars, to be expended at the state almshouse
at Tewksbury under the direction of the trustees of said
institution, for the purpose of finishing the male asylum
and building summer houses. Ap^noved March 25, 1892.

556 Eesolves, 1892. — Chaps. 28, 29, 30.

Chap. 28 Resolve in favor of george a barnard.

George A. liesolved, That George A. Barnard of Boston, who

Barnard. ii' ft in- • i ri-'i

served durino; the war of the rebellion \n the United
States navy as acting assistant engineer, and who at date
of his appointment was a citizen of Massachusetts, shall,
from and after the passage of this resolve, be eligible to
receive state or military aid under the provisions, rules
and limitations of chapters three hundred and one and
two hundred and seventy-nine of the acts of the year
eighteen hundred and eighty-nine, in the same manner
and to the same extent that he would have been had he
served to the credit of this Commonwealth.

Approved 3Iarch 31, 1892.

Chap. 29 Resolve ix favor of Augustus barnes.

Augustus Resolved^ That Augustus Barnes of Boston, who served

Barnes. ,,~ , . ii-i tt«i

as paymasters clerk and captam s clerk m the United
States navy during the war of the rebellion and who at
date of appointment was a citizen and resident of Massa-
chusetts, shall, from and after the passage of this resolve,
be eligible to receive state or military aid under the
provisions, rules and limitations of chapters three hundred
and one and two hundred and seventy-nine of the acts of
the year eighteen hundred and eighty-nine, in the same
manner and to the same extent that he would have been
had he served to the credit of this Commonwealth.

Apjproved April 4, 1892.

QJiap, 30 Resolve providing for repairs and improvements at the

LYMAN SCHOOL FOR BOVS.

Lyman school Resolved, That there be allowed and paid out of the treas-

for boys at /• i ^ T

westborough. ury oi the Commonwealth a sum not exceeding ten thou-
sand nine hundred dollars, to be expended at the Lyman
school for boys at Westborough under the direction of the
trustees, for the following purposes, to wit: — for new
boilers and piping in Maple cottage, so-called, repairs to the
superintendent's house, a telephone and sundry sanitary
repairs, a sum not exceeding twenty-four hundred dollars •
for a bakery, storehouse and workshop, a sum not exceed
ing seventy-five hundred dollars, and for supplies for the
heel shop, a sum not exceeding one thousand dollars.

App7'oved April 4, 1892.

Resolves, 1892. — Chaps. 31, 32, 33, 34. 557

Resolve providing for printing the special report of the f^l^f.^ Qi

STATE BOARD OF AGRICULTURE ON THE "WORK OF EXTERMINA- "^

TION OF THE OCNERIA DISPAR OR GYPST MOTH.

liesoJved, That there be printed for public distribution Special report
live thousand copies of the special report of the state agricuuure.
board of agriculture on the work of extermination of the
ocneria dispar or gypsy moth. Approved April 4, 1892.

Resolve providing for finishing and furnishing the new ni^Qfn QQ

DORMITORY AT THE STATE NORMAL SCHOOL AT WORCESTER. ^

Resolved^ That there be allowed and paid out of the state normal
treasury of the Commonwealth a sum not exceeding six t^.^"'' ^^'°'''='^^-
thousand dollars, to be expended at the state normal
school at Worcester under the direction of the state
board of education, for the purpose of finishing and
furnishing the new dormitory at said school, the building
of which was authorized by chapter ninety-three of the
resolves of the year eighteen hundred and ninety-one.
The above sum is to include all expenses necessary to get
the building ready for occupancy and to properly grade
the grounds. Approved April 5, 1892.

Cliap. 33

Resolve providing for certain repairs and improvements at

the TAUNTON LUNATIC HOSPITAL.

Resolved^ That there be allowed and paid out of the Taunton lunatk
treasury of the Commonw^ealth a sum not exceeding fifty- ^o^p^***'-
five thousand dollars, to be expended at the Taunton
lunatic hospital at Taunton under the direction of the
trustees of said institution, for the following purposes :
for boilers and boiler house, a sum not exceeding ten
thousand dollars ; and for the erection of an additional
wing to the hospital, a sum not exceeding forty-five thou-
sand dollars. Ax)proved April 3, 1892.

Resolve providing rooms for the use of the civil service
commissioners.

Chap. 34

Resolved, That the commissioners on the state house Rooms for dvu
be and they are hereby directed to provide suitable fil^^^^ commis-
rooms, outside the state house and Commonwealth build-
ing, for the use of the civil service commissioners ; and
they may expend for rent of said rooms such sum as may
be necessary, not to exceed fourteen hundred and fifty

55S Resolves, 1892. — Chaps. 35, 36, 37.

dollars a year. Chapter two of the resolves of the year
eighteen hundred and eighty-five is hereby repealed.

A^yp roved April 6, 1892.

Chap. 35 Resolve in favor of william c. merry.

William c. Resolved, That William C. Merry of Tisbury, who

^"^' served during the war of the rebellion in company I, one

hundred and thirty-second regiment of Illinois volunteer
infantry, and who at date of enlistment therein was a citi-
zen of Massachusetts, shall, from and after the passage of
this resolve, be eligible to receive state or military aid
under the provisions, rules and limitations of chapters
three hundred and one and two hundred and seventy-nine
of the acts of the year eighteen hundred and eighty-nine,
in the same manner and to the same extent that he would
have been had he served to the credit of this Common-
wealth. Ajjproved April 6, 1892.

Chav. 36 Resolve in favor of michael j. Fleming.

Michaeij. jResolved, That Michael J. Fleming of Palmer, who

*^'"'°^' served in the United States navy during the war of the

rebellion as a landsman, and who at date of enlistment
therein was a resident and citizen of Massachusetts, shall,
from and after the passage of this resolve, be eligible to
receive state or military aid under the provisions, rules
and limitations of chapters three hundred and one and two
hundred and seventy-nine of the acts of the year eighteen
hundred and eighty-nine, in the same manner and to the
same extent that he would have been had he served to
the credit of this Commonwealth.

Approved April 6, 1892.

Chav. 37 Resolve in favor of george h. ross.

George H. Hesolved, That George H. Ross of Gardner, who served

during the war of the rebellion in company A, third regi-
ment. New Hampshire volunteer infantry, and who at date
of enlistment was a citizen of Massachusetts, shall, from
and after the passage of this resolve, be eligible to receive
state or military aid under the provisions, rules and limi-
tations of cliapters three hundred and one and two hun-
dred and seventy-nine of the acts of the year eighteen
hundred and eighty-nine, in the same manner and to the
same extent that he would have been had he served to the
credit of this Commonwealth. Approved April 6, 1892.

KOSB.

Resolves, 1892. — CiiArs. 38, 30, 40. 559

Resolve in favok of george f. iiubbard. Chan 38

Resolved, Tliat George F. Hiilibard of Keading, who oeoigeF.
served in company B, Brst battalion, eleventh regiment, ^^"*>^'''^'^-
United States infantry, during the war of the rebellion,
and who at date of enlistment therein was a resident of
this state, shall, from and after the passage of this resolve,
be eligil)le to receive state or military aid under the provi-
sions, rules and limitations of chapters three hundred and
one and two hundred and seventy-nine of the acts of the
year eighteen hundred and eighty-nine, in the same man-
ner and to the same extent that he would have been had
he served to the credit of this Commonwealth.

Approved April 6, 1892.

Resolve in favor of joun brickley. Oh mi 30

Resolved, That John Brickley of Boston, who served johnBnckiey.
in the United States navy during the war of the rebellion
as acting third assistant engineer, and who at date of his
appointment was a resident and citizen of Massachusetts,
shall, froin and after the passage of this resolve, be eligible
to receive state or military aid under the provisions, rules
and limitations of chapters three hundred and one and two
hundred and seventy-nine of the acts of the year eighteen
hundred and eighty-nine, in the same manner and to the
same extent that he would have been entitled had he
served to the credit of this Commonwealth.

Apjjrovecl April 6, 1892.

Chap, 40

Resolve in favor of Catherine r. dohekty.

Resolved, That Catherine R. Doherty of Boston, widow Catherine r.
of Michael F. Doherty who served in the United States Ooheny.
navy during the war of the rebellion, and who at date of
enlistment therein was a citizen of Massachusetts, shall,
from and after the passage of this resolve, be eligible to
receive state or military aid under the provisions, rules
and limitations of chapters three hundred and one and two
hundred and seventy-nine of the acts of the year eighteen
hundred and eighty-nine, in the same manner and to the
same extent that she would have been had her late husband
served to the credit of this Commonwealth.

Approved April 6, 1892.

500 Resolves, 1892. — Chaps. 41, 42, 43.

Clian. 41 Resolve in favor of william burt.

William Bun. Resiolved, That William Burt of Taunton, fiither of
Jerome B. Burt who served to the credit of this state in
company G, fourth regiment of Massachusetts infantry,
during the war of the rebellion, and who died in said ser-
vice, shall, from and after the passage of this resolve, be
eligible to receive state aid under the provisions, rules and
limitations of chapter three hundred and one of the acts of
the year eighteen hundred and eighty-nine, in the same
manner and to the same extent he would have been had
he drawn state aid in the year eighteen hundred and sixty-
six, by virtue of then existing law.

Approved April 6, 1892.

Chan 42 Resolve granting county taxes.

County taxes liesolved. That the sums placed against the names of

^'^° ^ ■ the several counties in the following schedule are granted

as a tax for each county named, respectively, to be
collected and applied according to law: — Barnstable,
eighteen thousand dollars; Berkshire, seventy-five thou-
sand dollars ; Bristol, one hundred and eighty-eight thou-
sand six hundred dollars ; Dukes County, seven thousand
five hundred dollars ; Essex, two hundred and twenty-two
thousand eight hundred and ninety dollars; Franklin,
thirty-three thousand dollars ; Hampden, one hundred and
ten thousand dollars ; Hampshire, forty-eight thousand
dollars ; Middlesex, three hundred and thirty-five thou-
sand dollars; Norfolk, one hundred and forty thousand
dollars ; Plymouth, eighty-five thousand dollars ; Worces-
ter, one hundred and ninety thousand seven hundred
dollars. Approved Ajyril 6, 1S92.

CllClT), 43 Resolve to confirm the acts of alden e. viles as a justice

OF THE peace.

Alden E. Viles, Hesolved, That all the acts done by Alden E. Viles of
pence, acts ^ Bostou as a justicc of the peace, between the thirteenth
day of February m the year eighteen hundred ninety-one
and the twenty-fifth day of July in the year eighteen hun-
dred and ninety-one, are hereby confirmed and made valid
to the same extent as though he had been during that time
qualified to discharge the duties of said office.

Ap)proved April 6, 1S92.

coatinned.

Kesolves, 1892. — Cuaps. 44, 45, 46. 561

Resolve in favor of owen dolan. CliCip. 44

Unsolved, That Owen Dolan of Boston, father of two owen Doian.
sons, now deceased, who served in the war of the rebellion
to the credit of this Commonwealth, as follows : — Hugh
Dolan, United States navy, ship Circassian ; fJohn Dolan,
United States navy, ship Preble, — shall, from and after
the passage of this resolve, bo eligible to receive state aid
under the provisions, rules and limitations of chapter three
hundred and one of the acts of the year eighteen hundred
and eight^'-nine, in the same manner and to the same extent
he would have been had he drawn state aid prior to the
enactment of chapter one hundred and thirty-six of the
acts of the year eighteen hundred and sixty-seven.

Approved April 13, 1892.

Resolve in favor of betsey worthington. ChCLT) ^^

Resolved, That there be allowed and paid out of the Betsey worth.
treasury of the Commonw^ealth to the selectmen of the '°^^°°'
town of Agawam, an annuity of two hundred dollars, in
lieu of state aid, for the benefit of Betsey Worthington
during her natural life, she being the widow of a soldier
who served on the Massachusetts quota in the war of
eighteen hundred and twelve, and the mother of two sons
who served to the credit of this Commonwealth during the
war of the rebellion. Said annuity shall be so allowed
from the first day of January in the year eighteen hun-
dred ninety-two, be paid in equal quarterly instalments,
and shall cease at her death. Approved April 20, 1892.

Resolve providing for the printing and distribution of copies ni^rij^ AP.
OF the map showing the division of the commonwealth ^ '

into congressional districts.

Resolved, That two thousand copies be printed of the \fap of con-
map which accompanied the report of the committee ap- dirfdctsf'
pointed at the last session of the general court for divid-
ing the Commonwealth into congressional districts, five
copies thereof to be distributed to each member and offi-
cer of the present general court, and the residue to be
deposited in the office of the secretary of the Common-
wealth for distribution by him in his discretion.

Approved April 20, 1892.

562 Eesolves, 1892. — Chaps. 47, 48, 49, 50, 51.

Chap. 47 Resolve in favor of david s. beetle.

Davids. Resolved, That David S. Beetle of Edsjartown, who

Beetle . -, ^ .

served as acting ensign in the United States navy during
the war of the rebellion, and who at date of appointment
was a citizen and resident of Massachusetts, shall, from
and after the passage of this resolve, be eligible to receive
state or military aid under the provisions, rules and limi-
tations of chapters three hundred and one and two hundred
and seventy-nine of the acts of the year eighteen hundred
and eighty-nine, in the same manner and to the same
extent that he would have been had he served to the credit
of this Commonwealth. Approved April 20, 1892.

CJhciV' 48 Resolve in favor of the town of Manchester.

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

treasury of the Commonwealth to the town of Manchester,
the sum of two thousand two hundred and seventy-two
dollars and seven cents, as reimbursement to said town
for money expended for the support of Julia A. Stark, an
insane state pauper. App>roved April 22, 1892.

GhClV. 49 I^^SOLVE TO provide FOR REPAIRING DAMAGE CAUSED BY FIRE AT
THE STATE PRIMARY SCHOOL AT MONSON.

State primary Rcsolved, That there be allowed and paid out of the

school at p 1 /-I 111 c 1

Monson. trcasuiy oi the Commonwealth the sum oi ten thousand

dollars, to be expended by the trustees of the state primary
and reform schools for the purpose of erecting a barn in
place of one destroyed by tire on the premises of the state
primary school at Monson on the fourth day of April in
the present year. Approved April 22, 1892.

CJlOV. 50 ^^^SOLVE PROVIDING FOR THE ENLARGEMENT AND REPAIR OF THE
STATE LDNATIC HOSPITAL AT NORTHAMPTON.

Northampton Resolved, That there be allowed and paid out of the
* treasury of the Commonwealth a sum not exceeding tifty
thousand dollars, to be expended under the direction of the
trustees of the state lunatic hospital at Northampton, for
the purpose of enlarging the hospital and for other nec-
essary repairs. Approved April 25, 1892.

Oh an 51 ^^^SOLVE relative to the amount of the county tax for THE
^ ' COUNTY OF WORCESTER.

Worcester Resolvcd, That chapter forty-two of the resolves of the

amount ' prcsciit year is hereby amended by striking out the words

changed.

Eesolves, 1892. — Chaps. 52, 53, 54, 55. 563

"ninety thousand seven hundred dolhirs ", at the end of
said resolve, and inserting in place thereof the words : —
fifty thousand dollars, — so that the clause relative to the
tax granted for the county of "Worcester shall read : —
Worcester, one hundred and fifty thousand dollars.

Am^roved April 28, 1892.

Resolve in favor of the town of nantucket. Chan 5^

Resolved, That there be allowed and paid out of the Town of
treasury of the Commonwealth to the town of Nantucket, ^'^'^°'"'='^s'^-
the sum of two hundred fifty-two dollars and seventy cents,
being the amount expended in caring for seven seamen
who were wrecked on Nantucket island on the twenty-
second day of January in the year eighteen hundred and
ninety-two, said seamen having no settlement in this
Commonwealth. Approved April 29, 1892.

Resolve in favor of james k. bakbour. (Jhan 5-3

Resolved, That there be allowed and paid out of the jamesK.
treasury of the Commonwealth to James K. Barbour of ^^''''°"'''
Boston, an annuity of one hundred dollars during his
natural life, in consideration of injuries sustained while
defending public property at the Cooper street riot, so-
called, in the year eighteen hundred and sixty-three, pay-
able in equal quarterly instalments.

Approved April 29, 1892.

Resolve PR0VIDI^G for improvements at the state normal rij^f^.^-. p:i

SCHOOL at FRAMINGHAM. ^ '

Resolved, That there be allowed and paid out of the state normal
treasury of the Commonwealth a sum not exceeding Fia?ning*ham.
twelve hundred dolhirs, for the purpose of providing
standpipes and hose, conductor and drain for Avater from
the. roof of the normal school building at Framingham,
for repairs and furniture for the boarding hall and for
electroliers and telephone at said school ; the amount to
be expended under the direction of the state board of
education. Approved April 29, 1892.

Resolve providing for repairs, current expenses and the
further equipment of the massachusetts hospital for

Chap. 55

dipsomaniacs and inebriates.

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

treasury of the Commonwealth a sum not exceeding sixty- di'pfdmlini'a.

iac8
and inebriates.

5G4, Resoyles, 1892. — Chaps. 5G, 57.

one thousand six hundred dolhirs, to be expended at the
Massachusetts hospital for dipsomaniacs and inebriates,
for the following named purposes : for providing said hos-
pital with furniture and other similar articles necessary
for its equipment for occupancy, a sum not exceeding
fifteen thousand dollars ; for horses, carriages, harnesses,
wagons and agricultural implements, a sum not exceeding
four thousand dollars ; for cows, a sum not exceeding
eleven hundred dollars ; for the construction of a dwelling
house for the superintendent, a sum not exceeding five
thousand five hundred dollars ; for repairs and alterations
of farm buildings and fences, a sum not exceeding four
thousand five hundred dollars ; for current expenses of
said hospital and salaiies of ofiicers and employees thereof,
a sum not exceeding twenty- five thousand dollars ; for the
disposal of sewage, a sum not exceeding four thousand
dollars ; and for the purchase of a piece of land belonging
to AVilliam T. Cook, adjoining the premises of said hos-
pital, a sum not exceeding two thousand five hundred
dollars : the expenditure for said land to be made by the
trustees of said hospital, and the other expenditures
hereby authorized, by the trustees and superintendent.

Approved April 29, 1892.

Chan 56 Resolve in favor of ella Raymond.

Ella Raymond. Jiesolved, That there be allowed and paid out of the
treasury of the Commonwealth an annuity of two hun-
dred dollars, to Ella Kaymond of Lowell, whose husband
was incapacitated from performing labor by reason of inju-
ries incurred m the discharge of militia duty at Framing-
ham. Said annuity shall commence on the first day of
January in the year eighteen hundred and ninety-two,
shall be payal)le quarterly, and shall continue for the term
of five years, should said Ella Kaymond so long survive.

Aj^proved April 29, 1892.

CllCin 57 I^ESOLVE PROVIDING FOR FINISHING THE EXTERIOR OF THE

NORMAL ART SCHOOL BUILDING.

Normal art Hesolved, That there be allowed and paid out of the

school buildiDg. /. 1 y^ 11 !•/•,•

treasury oi the Commonwealth a sum not exceedmg fiity-
seven hundred dollars, to be expended under the direc-
tion of the state board of education for finishing the
exterior of the normal art school building, in accordance
with the original design. Ajjproved April 29, 1892.

Resolves, 1892. — Chaps. 58, 59, GO, 61. 565

Resolve providing for improvemexts at the state normal /^A^yj, no

SCHOOL AT BRIDGEWATER, AND FOR PREPARING AND PRINTING ^

A GENERAL CATALOGUE OF THE SCHOOL.

JResoIved, That there 1)C allowed and paid out of the state normal
treasury of the Commonwealth the sum of four thousand Brldgewater.
five hundred dollars, to he expended under the direction
of the state board of education at the state normal school
at Bridgewater, for the followinof purposes, to wit : curb-
stones and walks around school lot, outside sashes for
school l)uilding, preparing and printing a general cata-
logue of the school, and for additional furniture and
apparatus for the school. Approved April 29, 1892.

Chap. 59

Resolve to provide for repairing workshops damaged by
fire at the state prison.

Refiolved, That there be allow^ed and paid out of the state prison.
treasury of the Commonwealth a sum not exceeflinsr
five thousand dollars, to be expended at the state prison
under the direction of the commissioners of prisons, for
repairing the workshops that were damaged by fire on the
eighteenth day of April in the year eighteen hundred and
ninety-two. Approved April 29, 1892.

Resolve in relation to the sewer from the reformatory ni^f..^ i\{\
prison for women. '- '

Resolved, That there be allowed and paid out of the Reformatory
treasury of the Commonwealth a sum not exceeding fifty women!'"
dollars, to be expended by the commissioners of prisons
in connecting the Cutler estate in Framinoham with the
sewer from the reformatory prison for women, such con-
nection being in part payment for the right given to
the Commonwealth to cross the land of said estate.

Approved 3fay 2, 1892.

Resolve in favor of Andrew c. scott and david l adamson. ni f,.^ pi

Resolved, That Andrew C. Scott and David L. Adam- Andrew c.
son, now in the clerical service of the fire department of £';''|";jJ^Yoq
the city of Boston, and who were permanently disabled
while engaged in the active service of said department,
shall, from and after the passage of this resolve, be eligi-
ble to receive a pension and be placed on a pension roll,
under the provisions, rules and limitations of chapter one
hundred and seven of the acts of the year eighteen
hundred and eighty and acts in amendment thereof or

5G6 Eesolves, 1892. — Chaps. 62, 63, 64.

supplementary thereto, in the same manner and to the
same extent that they would have been entitled had the
provisions of said chapter been in force at the time they
vrere so disabled. Ajjproved May 2, 1892.

Chap. 62 Resolve to provide for the publication of a new edition of

THE COURSE OF STUDIES FOR UNGRADED SCHOOLS ; A NEW EDI-
TION OF THE SCHOOL LAWS, AND THE PURCHASE OF EDUCATIONAL
BOOKS FOR THE NORMAL SCHOOLS.

New edition of Resolvecl, That there be allowed and paid out of the

course of ' t i

studies of un- treasury of the Commonwealth a sum not exceedmg three
etc. ' hundred dollars for the purpose of pre{)aring and publish-

ing a revised edition of the course of studies for ungraded
schools ; a sum not exceeding five hundred dollars for pre-
paring and publishing a new edition of the school laws ;
and a sum not exceeding one thousand dollars for the pur-
chase of books upon the theory and practice of education,
for the libraries of the normal schools ; the several sums
to be expended under the direction of the state board of
education. A^iproved May 6, 1892.

Chap. 63 Resolves relative to the participation of the common-
wealth IN THE world's COLUMBIAN EXPOSITION.

bTa°n'expo8Uio"u! ResoJved, That, for the purpose of exhibiting the arts,
industries, institutions, resources, products and general
development of the Commonwealth of Massachusetts at
the world's Columbian exposition at Chicago, in the state
of Illinois, in the year eighteen hundred and ninety-three,
there be allowed and paid out of the treasury of the Com-
monwealth a sum not exceeding seventy-five thousand dol-
lars, to be expended under the direction of the governor
and council to carry out the provisions of this resolve, the
same to be in addition to the seventy-five thousand dollars
authorized by chapter ninety-eight of the resolves of the
year eighteen hundred and ninety-one.

Resolved, That the Massachusetts building, and, as far
as the same is under the control of the board of managers,
the Massachusetts exhibit, be closed on the first or Lord's
day. Aj)proved May 6, 1892.

Chan. 64 Resolve relative to furnishing the new armory at Law-
rence

New armory at Resolved, That there be allowed and paid out of the
treasury or the Commonwealth a sum not exceedmg eight-
een hundred dollars, to be expended under the direction

Resolves, 1802. — Chaps. 65, m, G7. 567

of the governor and council for the care and furnishing,
ready for occupancy, of the new armory now being erected
in the city of Lawrence, as provided for in section eight
of chapter three hundred and eighty-four of the acts of the
year eighteen hundred and eighty-eight.

Approved May 6, 1892.

Resolve providing for repairs and improvements at the QJkij)^ (55
state industrial school for girls.

Resolved, That there be allowed and paid out of the state industrial
treasury" of the Commonwealth a sum not exceeding nine ^aiLlndlxfJ.^
thousand five hundred twenty-six dollars and sixty-six
cents, to be expended at the state industrial school for
girls at Lancaster, under the direction of the trustees of
the state primary and reform schools, for the following
purposes, to wit : for the erection of a brick chapel for the
use of said institution, a sum not exceeding sixty-five
hundred dollars; for the j)urchase of new stock, a sum not
exceeding one thousand twenty-six dollars and sixty-six
cents ; for building a new hospital, a sum not exceeding
fifteen hundred dollars ; and for new floors, a sum not
exceeding five hundred dollars. Approved May 6, 1892.

Resolve in favor of qeorge o. bent. Char) fifi

Resolved, That there be allowed and paid out of the George o. Bent.
treasury of the Commonwealth to George O. Bent of
Framingham, the sum of three hundred dollars, and that
from and after the first day of January in the year eighteen
hundred and ninety-two there be allowed and paid to said
Bent an annuity of three hundred and sixty dollars, for
the term of five years, payable in equal quarterly instal-
ments, for injuries received by him at the reformatory
prison for women while in the employ of the Common-
wealth. Approved May 6, 1892.

Chap. 67

Resolve relative to indexing the names of soldiers of the
WAR of the rebellion in the office of the adjutant

GENERAL.

Resolved^ That there be allowed and paid out of the index of soi-
treasury of the Commonwealth a sum not exceeding t'arof^the''
seventeen hundred dollars, to be expended under the rebellion.
direction of the governor, for the purpose of indexing the
names of ofiicers and men who served from this Common-
wealth during the war of the rebellion.

Approved 3Iay 6, 1892.

568 Resolves, 1892. — Chaps. (jS, 09, 70, 71.

Chap. 68 Resolve to provide for repairs at the state prison.

Repairs at state Hesolvecl, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding nine
thousand dollars, to be exi)ended at the state prison under
the direction of the commissioners of prisons, for the fol-
h)wing purposes : — for repairing the houses occupied by
the subordinate oflScers, a sum not exceeding two thou-
sand dollars ; for repairing machinery and for other
necessary repairs, a sum not exceeding live thousand dol-
lars ; and for enlargino^ the warden's office, a sum not
exceeding two thousand dollars.

Approved May 6, 1892.

Chap. 69 Resolve providing for thk construction of fire escapes at

THE STATE PRIMARY SCHOOL AT MONSON.

81176 p\Tra!ry liesolvcd, That there be allowed and paid out of the

school, Monsou. trcasury of the Commonwealth the sum of two thousand
dollars, to be expended under the direction of the trustees
of the state primary and reform schools, for the purpose
of providing tire escapes at the state primary school at
Monson. Approved May 9, 1892.

Chap. 70 Resolve in favor of joun a. floyd.

John A. Floyd. Resolved, That eTohn A. Floyd of Abington, who served
as actinsj boatswain in the United States navy durinof the
war of the rebellion, and who at date of appointment was
a resident and citizen of Massachusetts, shall, from and
after the passage of this resolve, be eligible to receive
state or military aid under the provisions, rules and limi-
tations of chapters three hundred and one and two hundred
and seventy-nine of the acts of the year eighteen hundred
and eighty-nine, in the same manner iind to the same
extent that he would have been had he served to the credit
of this Commonwealth. Approved May 9, 1892.

Chap. 71 Resolve in favor of chkistie a. fisk.

Christie a. 7?eso?vetZ, That Christie A. Fisk of Revere, widow of

James W. Fisk who served as acting ensign in the United
States naA^y during the M'ar of the rebellion, and who at
date of appointment was a resident and citizen of Massa-
chusetts, shall, from and after the passage of this resolve,
be eligible to receive state aid under the provisions, rules
and limitations of chapter three hundred and one of the

Eesolyes, 1892. — Chaps. 72, 73, 74. 5G9

acts of the year eighteen hundred and eighty-nine, in the
same manner and to the same extent that she would have
been had her husband served to the credit of this Com-
monwealth. A2)proved May 9, 1892.

Resolve providing for an examination by the board of com- Q/i^ifj^ 72

MISSIONERS OF SAVINGS BANKS OF THE LAWS RELATING TO BANKS
AND BANKING.

JResoJi'ecl, That the board of commissioners of savings commiesioners

111'. , 1 , 1 i> 1 • j_' i> ii of savings

banks be instructed to make a caretul exannnation ot tne banks to make

general laws of this Commonwealth relating to banks and [o'lawB^e^cr""

banking, and within ten days from the commencement of

the next session of the general court to report wdiether

any and what alterations may be made in said laws to

adapt ihem to the wants and interests of the people ; also

to report a bill to enable national banks doing business

in this Commonwealth to reorganize as state banks ; the

total expenses under this resolve shall not exceed live

hundred dollars, to be allowed and paid out of the treasury

of the Commonwealth. Approved May 17, 1892.

Chap. 73

Resolve providing for a continuation of the investigation

IN'TO the subject OF MANUAL TRAINING AND INDUSTRIAL EDU-
CATION.

liesolved, That the commissioners appointed to inves- Manual training
tigate the existing sy.stems of manual training and Indus- cducauon!""'
trial education, in accordance with the provisions of
chapter one hundred and six of the resolves of the year
eighteen hundred and ninety-one, be instructed to con-
tinue said investigation and report the results thereof,
with such recommendations as may seem best to them, to
the next general court. The commissioners shall serve
without compensation, but for expenses actually incurred
in the performance of their official duties the sum of one
thousand dollars in addition to that already appropriated
shall be allowed and paid out of the treasury of the Com-
monwealth. Approved May 17, 1892.

Chap. 74

Resolve relating to the appropriate representation of the
soldiers of the massachusetts continental line on the
battle monument now being erected at trenton, new

JERSEY.

IFAerm.s, On the great historic battlefield of Trenton, soldiers of the
in the war of the revolution, the soldiers of this Common- continental iine,

570 Resolves, 1892. — Chap. 75.

toberepre- wealth, tliG meii of the third reo;iment, continental foot,

sen ted on battle , i iir-ii- c '^ t t i ji • i i

monument at colonel Vv uliam bheparcl commanding; the thirteenth
Je7"ey.°' ^^ regiment, continental foot, lieutenant colonel Ebenezer
Clapp commanding ; the fourteenth regiment, continental
foot, colonel John Glover commanding; the fifteenth reg-
iment, continental foot, colonel John Paterson command-
ing ; the sixteenth regiment, continental foot, colonel
Paul Dudley Sargent commanding ; the twenty-third reg-
iment, continental foot, colonel John Bailey commanding ;
the twenty-sixth regiment, continental foot, colonel
Loammi Baldwin commanding ; the twenty-seventh reg-
iment, continental foot, major Ezra Putnam commanding,
and a company of continental artillery, captain lieutenant
Winthrop Sargent commanding ; took a most active and
a glorious part, and

Whereas, Especially during the night before the battle,
Christmas night, December, seventeen hundred and
seventy-six, the men of colonel John Glover's regiment
from Marblehead greatly distinguished themselves in aid-
ing, with their great skill, the army under general Wash-
ington in the crossing of the river Delaware through the
cakes of ice on that most eventful crisis in our nation's
history, therefore.

Resolved, That the sum of two thousand five hundred
dollars be allowed and paid out of the treasury of the
Commonwealth to the treasurer of the Trenton battle
monument association, a corporation established under
the laws of the state of New Jersey, for the purpose of
designing and moulding and placing in position at the
doorway of said commemorative monument in Trenton,
New Jersey, a bronze statue, six feet three inches in
height, of a soldier of colonel John Glover's continental
regiment from Marblehead, in this Commonwealth, in the
dress of the soldiers of that organization ; {)roviding that
the design shall be approved and the statue made and the
sum hereby authorized, paid under the direction of his
excellency the governor. Approved May 17, 1892.

ChciT). 75 Resolve in favor of andrew j. pixley.

Andrew J. Resolved, That Andrew J. Pixley of Melrose, who

'^ '^^' served in the United States navy during the war of the

rebellion as acting second assistant engineer on the ships

Gettysburg and Fort Donelson, and who was at the date

of appointment a resident and citizen of this Common-

Resolves, 1892. — Chaps. 76, 77, 78, 79. 571

wealth, shall, from and after the passag'e of this resolve,
be eligible to receive state or military aid under the pro-
visions, rules and limitations of chapters three hundred
and one and two hundred and seventy-nine of the acts of
the year eighteen hundred and eighty-nine, in the same
manner and to the same extent that he would have been
entitled had he served to the credit of this Commonwealth.

Apj)roved May 17, 1892.

Resolve to provide for the purchase of books for the QJinj) 7(5

LIBRARY AT THE MASSACHUSETTS REFORMATORY.

Resolved, That there ])e allowed and paid out of the Massachusetts
treasury of the Commonwealth a sum not exceeding five ^^ oimatory.
hundred dollars, to be expended by the commissioners of
prisons for the purchase of books for the library at the
Massachusetts reformatory. Approved May 17, 1892.

Resolve relative to appliances for deadening the noise of nhnj) 77

ELECTRIC CARS

JResolved, That the board of railroad commissioners be Appiinnces for

1. -i A. • • lii i.i.*i „ • deadeniDg noise

requested to inquire whether street railway companies, of eiecuic cars,
operating their cars by electricity, can adopt any methods
or appliances for deadening the noise incident to the oper-
ation of such cars, and to investigate any appliances
exhibited for this purpose ; and said board may report
the result of such inquiry and investigation, with its rec-
ommendations, if any, to the next general court.

Approved May 17, 1892.

Resolve to provide additional cell room at the massachu- HI^q^ 7g
setts reformatory. -^

Resolved, That there be allowed and paid out of the Massachusetts
treasury of the Commonwealth a sum not exceeding reformatory,
seventy-five thousand dollars, to be expended under the
direction of the commissioners of prisons for the purpose
of providing additional cell room in the east wing of the
Massachusetts reformatory. Approved May 17, 1892.

Resolve relative to the world's Columbian exposition at H'kfj^ 7C)

CHICAGO. "'

Resolved, That there be allowed and paid out of the world's
treasury of the Commonwealth a sum not exceeding twelve ^s°poSt'io'if.
thousand dollars, to be expended under the direction of
the governor and council to enable the Commonwealth to

572 Resolves, 1892. — Chaps. 80, 81.

be properly represented at the opening ceremonies of the
world's Columbian exposition, to be held at Chicago, Illi-
nois, in the month of Octol)er in the year eighteen hun-
dred and ninety-two, through the following officials of the
state government : his excellency the governor and ten
members of his staff, the lieutenant governor and the
executive council, the secretary of the Commonwealth,
treasurer and receiver general, the auditor of accounts,
the attorney-general, the brigade and battalion command-
ers of the Massachusetts volunteer militia, the president
of the senate, the speaker of the house, the joint com-
mittee on federal relations, a special committee of nine
members of the senate and twenty-two members of the
house, to be appointed by the })residing officers of the two
branches, the clerk and the assistant clerk of the senate,
the clerk and the assistant clerk of the house, the clerk
of the executive council, and the sergeant at arms. Any
vacancies occurring in said joint committee on federal rela-
tions or joint special committee may be filled by the pre-
siding officer of the branch in the representation of which
such vacancies occur. Ajyjn-oved May 18, 1892..

Chcip. 80 Resolve providing for the payment of expenses in connec-
tion WITH THE DISAPPEARANCE AND FUNERAL OF THE LATE
STILLMAN W. EDQELL.

khL'pT" ^' Iiesolved, That the sergeant-at-arms be and he is hereby

directed to pay the funeral expenses of the late Stillman
W. Edgell who for the past twenty-seven years has been
in the employ of the Commonwealth, as messenger to the
house of representatives, assistant doorkeeper to the sen-
ate, and for the past sixteen years its doorkeeper; also
all expenses incurred in the search made for his person,
since his disappearance on the twenty-fourth day of Janu-
ary in the year eighteen hundred and ninety-two, includ-
ing the reward offered for information concerning him.
To cany out the provisions of this resolve there shall be
allowed and paid out of the treasury of the Commonwealth
a sum not exceeding six hundred dollars.

Approved May 19, 1892.

Ohaj) 81 Resolve in favor of harry w. welch.

Eanyw. Jiesolved, That there be allowed and paid out of the

treasury of the Commonwealth to Harry W. ^Yelch of
Cambridge, an annuity of two hundred dollars for five

Edgell.

Eesolyes, 1892. — Chaps. 82, 83, 84. 573

years, to he so allowed from the first day of January in
the year eighteen hundred and ninety-two ; said sum to
be full compensation for loss of time and expenses in con-
sequence of disabilities incurred while on duty as a mem-
ber of company B, first regiment, infantry, Massachusetts
A'olunteer militia, at the annual muster of the regiment in
the year eighteen hundred and eighty-eight ; said disa-
liility being the result of a cold which settled in his eyes
and which became so serious that he was discharijed from
the militia service for disability, on the twenty-second
day of September in the year eighteen hundred and
eighty-eight, and since that time has been unable to obtain
a livelihood, having become totally blind.

Approved May 31, 1892.

Resolve in favor of vtilliam h. robison. Chat) 8"^

Resolved, That there be allowed and paid out of the wiiiiamii.
treasury of the Commonwealth to William H. Robison ^°^^'°°-
of Amherst, the sum of five hundred dollars in full com-
pensation for injuries received by said Robison Avhile in
the discharge of his duties as an employee of the Com-
monwealth at the state primary school at Monson, whereby
one of his legs became disabled. Approved June 2, 1892.

Resolve in favor of the state normal school at westfield. rij.f^.-^ qo

Resolved, That there be allowed and paid out of the Normal school
treasury of the Commonwealth, to be expended under the =»' weeifieiu.
direction of the board of education, the sum of five hun-
dred and fifty-four dollars and fifty cents, for the purposes
of filling and grading the lot upon which the new normal
school building in AVestfield stands, and for laying walks
thereon, said sum being the aggregate sums received and
paid into the treasury of the Commonwealth by the board
of education, as proceeds from the sale of a small portion
of land and a dwelling house sold under the authority of
chapter one hundred and four of the resolves of the year
eighteen hundred and ninety-one, and for rent of said
dwelling house. Approved June 2, 1892.

Resolve in favor of the officers, sailors and marines who nj^f^.^ qa
served in the united states navt during the war of the "'

bebellion, and were residents of this commonwealth at
the time of their enlistment.

Resolved, That the persons included in the list of offi- Officers, sailors

•1 1 . 11.11.,, 1 and marines.

cers, sailors and marmes, prepared by the adjutant general

574 Eesolves, 1892. — Chaps. 85, 86, 87.

in accordance with chapter fifteen of the resolves of the
year eighteen hundred and seventy-five and chapter eight
of the resolves of the year eighteen Imndred and eighty,
shall be eligible to receive all the benefits and honors
embodied in chapters two hundred and seventy-nine and
three hundred and one of the acts of the year eighteen
hundred and eighty-nine : provided, hoicever, that each
person shall present satisfactory proof that he was duly
appointed or mustered into the service, and honorably
discharged from all such appointments or enlistments
therein, and under all appointments and enlistments was
an actual resident of the Commonwealth.

Approved June 2, 1892.

ChaV 85 I^ESOLVE IN FAVOR OF THE MASSACHUSETTS CHARITABLE EYE AND

EAR INFIRMARY.

Charitable eye Besolved, That there be allowed and paid out of the

iutirmary. , trcasury of the Commonwealth a sum not exceeding twenty

thousand dollars, to be expended at the Massachusetts

charitable eye and ear infirmary under the direction of

the managers thereof, for the charitable purposes of said

. infirmary for the present year. Approved June 11, 1892.

ChCLlJ. 86 Resolve providing for altering, improving and the perpet-
ual CARE OF THE BURIAL LOT OF GOVERNOR WILLIAM EUSTIS IN
THE T<JWN OF LEXINGTON.

Care of burial Resolved, That there be allowed and paid out of the

lot of governor i. ^ r-, i i ^• n

William Eustis. trcasury ot the Commonwealth a sum not exceeding live
hundred dollars, to be expended under the direction of
the governor and council for the following purposes : For
altering and improving the burial lot of the late William
Eustis in the town of Lexington, who was governor of
this Commonwealth during the years eighteen hundred and
twenty-three, eighteen hundred and twenty-four, and until
the fifth day of February in the year eighteen hundred
and twenty-five, when he died, a sum not exceeding two
hundred and fifty dollars ; and to provide for the per-
petual care of said lot, a sum not exceeding two hundred
and fifty dollars. App)roved June 13, 1892.

ChaU 87 P^ESOLVE PROVIDING FOR THE BETTER ENFORCEMENT OF THE LAW
REGULATING THE PRACTICE OF PHARMACY.

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

treasury of the Commonwealth a sum not exceeding one

Eesolves, 1802. — CHArs. 88, 89, 90. 575

thousand dollars, to l)e expended by the state board of
registration in pharmacy, in making such investigations
as they may deem proper for the better enforcement of
the law in regard to the registration of those engaged in
retailing drugs and medicines and putting up physicians'
prescriptions, as defined in chapter three hundred and
thirteen of the acts of the year eighteen hundred and
eighty-live. Approved June 13, 1892.

Resolve providing for printing fifteen hundred extra njfffjy QQ

COPIES OF the report OF THE COMMISSIONER OF PUBLIC ^

records of PARISHES, TOWNS AND COUNTIES.

Resolved, That fifteen hundred extra copies of the fourth J^fP^^'^eJ of ""
report of the commissioner of public records of parishes, public records,
towns and counties be printed, fifty copies to be in cloth,
to be distributed under the direction of the commissioner
of public records. Approved June 13, 1892.

Chap. 89

Resolve to provide for repairing damage caused by fire
at the state primary school at monson.

Resolved, That there be allowed and paid out of the state primary
treasury of the Commonwealth the sum of twenty-five hun- Mou°on*
dred dollars, to be expended by the trustees of the state
primary and reform schools for the purpose of erecting a
barn in place of the one destroyed by fire on the premises
of the state primary school at Monson on the fourth day
of April in the present year. The above amount to be
in addition to the ten thousand dollars authorized by
chapter forty-nine of the resolves of the present year.

Approved June 14, 1892.

Resolve in relation to the state printing. CJinr) 90

Resolved, That the chairman of the committee on print- contract for
ing on the part of the senate, the chairman of the said ^'ate printing.
committee on the part of the house of representatives, the
secretary, the treasurer, and the auditor of the Common-
wealth, the clerk of the senate, and the clerk of the house
of representatives, are directed to advertise for proposals
for the execution of all the printing for the several depart-
ments of the government of the Commonwealth, except
office stationery and blank books, for a term of three or
five years from the first day of July in the year eighteen
hundred and ninety-two. They shall take into considera-
tion the circumstances and facilities of the several bidders

576 Kesolves, 1892. — Chaps. 91, 92.

for the work as well as the terms offered ; thoy ma}' reject
any bids received, and they shall award the contract, to
be based upon a working day of nine hours and equal pay
for equal work performed hy men and women, at such
rates as they shall decide to be equitable between employer
and employed, and to such bidder as in their judgment
the interests of the Commonwealth may require ; and they
shall execute such contract in the name and behalf of the
Commonwealth. Bonds satisfactory to the said officers,
to an amount not less than ten thousand dollars, shall l)e
given I)y the party to whom such contract is awarded,
for the faithful performance of the contract.

Approved Jime 15, 1892.

Chap. 91 Resolve providing for an investigation of the burdens

IMPOSED ON THIS COMMONWEALTH BY THE IMMIGRATION OF
PAUPERS AND CRIMINALS.

Investigation Resolved. That the governor with the advice and con-

into the subject i> ^ m-i-i

of the migration scut ot the couucil IS authorized to ajopoint a board of

of paupers aud . . , • 4. c t.\ v i 1 j.

criminals. commissiouers to con.sist of three suital)le persons, to

investiirate the effect on this Commonwealth of the mi2:ra-
tion of dependent persons, paupers and criminals from
other states. Said commissioners shall serve without
compensation, but shall be aUowed for all expenses actually
incurred in the performance of their official duties such
sum, to be paid ( ut of the treasury of the Commonwealth,
as the governor with the advice and consent of the council
shall approve. Said commissioners shall report the result
of their investigations, with such recommendations as may
seem best to them, to the next general court. The total
amount to be expended under authority of this resolve
shall not exceed the sum of one thousand dollars.

Approved June 15, 1892.

ChctV' 92 KeSOLVE PROVIDING FOR THE PURCHASE OF LAND AND BUILDINGS
AND FOR THE CONSTRUCTION OF A SILO FOR THE WESTBOROUGH
INSANE HOSPITAL.

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

insane hospital. ^ /• j i /^ -i i i \ ^- j^

treasury ot the Commonwealth a sum not exceeding ten
thousand dollars, to be expended under the direction of
the trustees of the Westborough insane hospital for the
following purposes, to wit: — a sum not exceeding eight
thousand dollars for purchasing land and buildings for
farming and other general purposes of said hospital ; and

REsoL^rEs, 1892. — Chap. 93. 577

a sum not exceeding two thousand dollars for construct-
ing a silo for the said hospital and for general repairs of
and additions to the farm buildings of said hospitals.

Approved June 13, 1892.

Resolves PKCviDiNa for submitting to the people the article njjrfj) QS
OF amendment to the constitution abolishing the property

QUALIFICATION FOR THE OFFICE OF GOVERNOR.

Resolved, That the following article of amendment to Amendment to
the constitution, having been agreed to by the last and '^e constitution.
present general courts, and published in the manner
required by the constitution, be submitted to the people
for their ratification and adoption : —

Article of Amendment to the Constitution abol-
ishing THE Property Qualification for the Office
OF Governor.

So much of article two of section one of chapter two of Abolishing
part the second of the constitution of the Commonwealth tication for the
as is contained in the following words : " and unless he gove'i-nor.
shall at the same time, be seized in his own right, of a
freehold within the Commonwealth of the value of one
thousand pounds ; " is hereby annulled.

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

578 Resolves, 1892. — Chap. 94.

Ballot. Resolved, That every person qualified to vote as afore-

said may express his opinion on said aiticle of amendment,
and the following words shall be printed on the ballot,
to wit : —

Shall the proposed amendment to the constitu-
tion abolishing the property qualification for the
oiEce of governor be approved and ratified ?

YES.

NO.

And' if said article shall appear to be approved by a
majority of the persons voting thereon, it shall be deemed
and taken to be ratified and adopted by the people.
Return of votes Besolved, That his excellency the governor, and the

to be examined ^ ^^ n ^ ' ^ i • i

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

Governor to liesolved. That his excellency the ijovernor be, and he

make proclama- . ,.,., , *','-. i-i

tionof result of hereby is, authorized and requested to issue his proclama-
tion forthwith after the examination of the votes returned
as aforesaid, reciting said article of amendment, and an-
nouncing that said article has been duly adopted and rati-
fied by the people of the Commonwealth, and thus becomes
a part of the constitution thereof, and requiring all magis-
trates and officers, and all citizens of the Commonwealth
to take notice thereof and govern themselves accordingly ;
or that said article of amendment has been rejected, as
the case may be.
be"t"rM6rai'ued'° Resolved, That a printed copy of these resolves, includ-
to cities and ing the Said article of amendment, shall be transmitted as
soon as may be by the secretary of the Commonwealth to
the mayors and aldermen of the several cities and the
selectmen of the several towns of the Commonwealth.

Aj^provecl June 15, 1892.

Chap, 94

Resolve providing for consolidating and arranging the
laws relating to elections.

commiBBionto Resolved, That the governor by and with the advice
consolidate and and couseut of the couucil shall appoint three able and

Kesolves, 1892. — Chap. 95. 579

discreet persons, learned in the law, to be commissioners arrange laws
for consolidating and arranging the laws relating to elec- elections.
lions, which may be in force and operation at the time
such connnissioners niaivc their final report of their doings
in the premises. Such commissioners shall collect under
different titles all acts and parts of acts relating to the
same subject, and shall execute and complete such con-
solidation and arrangement in such manner as shall render
such laws most concise, plain and intelligible. The com-
missioners may, in consolidating and arranging these laws,
omit redundant enactments and those which have ceased
to have any effect or influence, reject superfluous words,
and condense into as concise and comprehensive a form as
is consistent with a full and clear expression of the will
of the legislature, all circuitous, tautological and ambig-
uous phraseology ; suggest any mistakes, omissions, in-
consistencies and imperfections which may appear in the
laws to be consolidated and arranged, and the manner in
which they may be corrected, supplied and amended.
The commissioners shall indicate, by brief marginal notes
and references, the statutes, chapters and sections con-
solidated and arranged by them, and the substance of the
contents of each section. They shall complete the said
consolidation and arrangement and make and present their
final report in print to the general court on or before the to make final
first Wednesday in February in the year eighteen hundred [og°enVrarco"urt
and ninety-three. The terms of office of said commis- 0^^893.
sioners shall expire on the first Wednesday of February
in the year eighteen hundred and ninety-three, and they
shall receive such compensation from the treasury of the
Commonwealth as the governor and council shall deter-
mine. Approved Jane 15, 1892.

Resolve providing for the payment of certain expenses in rii^^y. Q/r

CONNECTION WITH THE HEARING BEFORE THE HARBOR AND LAND -^'

COMMISSIONERS, RELATIVE TO BUILDING A BRIDGE BETWEEN BOS-
TON AND EAST BOSTON.

Resolved, That there be allowed and paid out of the Expenses of
treasury of the Commonwealth the sum of one thousand harbor^and^iand
dollars, for the purpose of paying the expense of report- commissioners.
ing and printing the testimony taken before the board of
harbor and land commissioners, in the hearing relative to
the building of a bridge between Boston and East Boston,
the said hearing having been given under authority of

580 Eesolves, 1892. — Chaps. 96, 97, 98.

chapter three hundred and eighty-six of the acts of the
year eighteen hundred and ninety-one. The bills for the
above expenditure shall be approved by the harbor and
land commissioners and presented to the auditor of the
Commonwealth for allowance, in the same manner as
other claims against the Commonwealth.

Approved June 15, 1892.

Chap.

). 96 Resolve providing for leasing and fcrnishing a room to be
used as a laboratory by the state board of health.
Laboratory, Besolved, That tlic sero;eant-at-arms is directed to lease

state board of t /> • i • i i i i

health. auQ lumish a suitable room or rooms to be used as a lab-

oratory by the state board of health, and that a sum not
exceeding five hundred dollars be allowed and paid out of
the treasury of the Commonwealth therefor.

Approved June 15, 1892.

C7l(l7). 97 I^ESOLVE RELATIVE TO AN EXHIBIT OF ROAD MAKING AND ROAD
MAKING MACHINERY AT THE WORLD'S COLUMBIAN EXPOSITION.

Exhibit of road Resolved, That the board of world's fair managers of
uoiurah'ian " Massachusctts, representing the Commonwealth at the
€xpobiiion. Columbian exposition, be instructed to urge upon the
director general of said exposition the great importance
of there being a comprehensive exhibit of the construc-
tion and maintenance of roads at said exposition, and be
classed as a department, and a building constructed for
this department, in which road making and road making
machinery can be shown as an object lesson by skilled
workmen. Approved June 15, 1892.

ChClT). 98 I^ESOLVE IN FAVOR OF THE NEW ENGLAND INDUSTRIAL SCHOOL

FOR DEAF MUTES.

i^'ew^Engiand liesolvecl. That there be allowed and paid out of the
school for deaf trcasury of the Commonwealth to the JSew England indus-
trial school for deaf mutes, in the town of Beverly, the
sum of two thousand dollars, to be expended under the
direction of the trustees thereof; one thousand dollars of
said sum to be applied towards the pa3'ment of the debts
of said institution, and the balance to be used for the edu-
cational purposes of the school for the present year, and
the trustees of said school shall report to the state board
of education. Approved June 15, 1892.

mutes.

Eesolves, 1892. — Chaps. 99, 100, 101, 102. 581

Resolve in favor of the messengers and pages of the sen- njyfu^ QO

ATE AND HOUSE OF UEFRESENTATIVES. ^ '

Resolved, That there be allowed and paid out of the Messeng.ra,
treasury of tlie Commonwealth, in addition to the sums p^s*''*' '="^-
now provided by law, the sum of one hundred dollars
each, to the doorkeepers, postmaster and messengers of
the senate and house of representatives, to the clerk,
messengers, watchmen and fireman of the sergeant-at-
arms, the extra clerks of the senate and house of repre-
sentatives, the clerk of the document room, the messenger
of the expenditure committee and the two elevator men,
and the sum of sixty-seven dollars to each page.

Approved June 15, 1892.

Resolve providing for a new tool house and for rebuild-
ing THE DURFEE plant HOUSE AT THE MASSACHUSETTS AGRI

^ -_ Cha2).100

CULTURAL COLLEGE.

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

" " ~ ' " agriculti

college.

treasury of the Commonwealth a sum not exceeding eight cfiu^"'^"'"'^

ChapAOl

thousand dollars, to be expended at the Massachusetts
agricultural college under the direction of the trustees of
said college, for the following purposes : for the erection
of a new tool house, shop and sheds for the horticultural
department, a sum not exceeding two .thousand dollars ;
for rebuilding the Durfee plant house and the erection of
a rose house, vegetable house and cold grapery in connec-
tion therewith, a sum not exceeding six thousand dollars.

Approved Jane 16, 1S92.

Resolve relative to the observance of the four hundredth
anniversary of the discovery of america.

Resolved, That the governor of the Commonwealth be observance of
authorized and requested to issue a proclamation recom- innh^e"sary of""
mending to the iieople a due observance in all their local- discovery of

•• c' \ !• 11 11 • America.

ities, ot the tour hundredth anniversary of the discovery
of America, and especially by appropriate exercises in
their schools commemorative of said event.

Approved June 16, 1892.

Resolve in favor of margaret mcdonald. nhnn 109

Resolved, That there be allowed and paid out of the Margaret
treasury of the Commonwealth to Margaret McDonald, ^ici^'onaid.
widow of Owen McDonald who was injured at the Hoosac
tunnel while in the employ of the Commonwealth, an an-

582 Resolves, 1892. — Chaps. 103, 104, 105, 106.

nuity of one hundred dollars for the rest of her natural
life, should she remain unmarried, payable in equal quar-
terly instalments. Ajyproved June 16, 1892.

Chcip.103 Resolve providing for the printing of five hundred addi-
tional COPIES OK PART SECOND OF THE REPORT OF THE BOARD
OF COMMISSIONERS OF SAVINGS BANKS.

Soners'^or Resolved, That there be printed five hundred additional
savings banks, copies of part sccond of the annual report of the board
of commissioners of savings banks, to be distributed
under the direction of said commissioners.

Approved June 16, 1892.

ChavAO^ Resolve in favor of the town of natick.

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

treasury of the Commonwealth to the town of Natick, the
sum of thirty-two dollars and four cents, as reimburse-
ment to said town for money expended for the support
of Sarah E. Bowker at the ^Yorcester lunatic hospital.

Approved June 16, 1892.

ChciJ).1.05 Resolve relative to the bust of the late colonel gardiner

TUFTS.

Bardrner°Ti°ft8 Resolved, That the commissioners on the state house
to be placed in are hcrebv directed to assio;n a suitable place in the state
house for the marble bust of the late colonel Gardiner
Tufts, tendered to the Commonwealth by the Tufts memo-
rial association ; said Gardiner Tufts having for more
than thirty consecutive years occupied positions of respon-
sibility in the service of the Commonwealth, commencing
during the war of the rebellion as state agent for the
care of Massachusetts soldiers, and subsequently rendering
efficient service as superintendent of the Massachusetts
reformatory. Approved June 16, 1892.

(JJlCi'r).\0(j Resolve in FAvt)R of the widow of borage e. miller.
Widow of Resolved, That there be allowed and paid out of the

MiTier!^' treasury of the Commonwealth to the widow of the late
Horace E. Miller, member of the house of representatives
from the fourth Franklin district, the compensation, trav-
elling expenses and mileage that said Miller would have
been entitled to had he lived to the end of the present
session. Approved June 16, 1892.

Pkoposed Amendment to the Constitution. 583

PEOPOSED AMENDMENT TO THE
CONSTITUTION.

The followino: proposed article of amendment to the Constitution Proposed
has been otiicially certified and deposited in the office of the secre- amendment to
tary of the Commonwealth, as required by section 32 of chapter 2 of
the Public Statutes, and if agreed to by the general court next to be
chosen, in the manner provided by the Constitution, must be sub-
mitted to the people for their ratification or rejection : —

Resolve providing for ax amendment to the constitution
relative to the payment of mileage to members of the
general court.

Resolved, That it is expedient to alter the Constitution ReiatiTCto pay-
of the Commonwealth by the adoption of the subjoined [^^mlmbTr8*^ot^^
article of amendment ; and that the said article, being ^*^'^"'''''°""*
agreed to by a majority of the senators and two thirds of
the members of the house of representatives present and
voting thereon, be entered on the journals of both houses,
with the yeas and nays taken thereon, and referred to the
general court next to be chosen ; and that the said article
be published, to the end that if agreed to in the manner
provided by the Constitution, bj^ the general court next
to be chosen, it may be submitted to the people for their
approval and ratification, in order that it may become a
part of the Constitution of the Commonwealth.

ARTICLE OF AMENDMENT.

So much of article two of section three of chapter one
of the Constitution of the Commonwealth as is contained
in the following words : "The expenses of travelling to
the general assembly, and returning home, once in every
session, and no more, shall be paid by the government,
out of the public treasury, to every member who shall
attend as seasonably as he can, in the judgment of the
house, and does not depart without leave.", is hereby
annulled.

584 Pkoposed Amendment to the Constitution.

House of Eepresentatives, February 5, 1892.

The foregoing article of amendment is agreed to, two
thirds of the members of the house of representatives
present and voting thereon having voted in the affirma-
tive ; and the same is referred to the general court next
to be chosen.

William E. Barrett, Speaker.

Senate, February 11, 1892.

The foregoing article of amendment is agreed to, a
majority of the senators present and voting thereon hav-
ing voted in the affirmative ; and the same is referred in
concurrence to the general court next to be chosen.

Alfred S. Pinkerton, President.

Eesolutions. 585

RESOLUTIONS.

Resolutions relative to the decease of charles f. loring.

Wiereas, By the death of the honorable Charles F. ^<f„|'^4l^l'^^ °^
Loriiiir, councillor elect of the Commonwealth, this state f. Loring,

-""""D' 111 -t r ^ • executive coun-

has lost a valued citizen, beloved and respected tor his cuior elect.
noble personal traits and unspotted integrity of character,
and one v^^ho gave promise of distinguished service to the
Commonwealth ;

Resolvedy That a committee consisting of seven mem-
bers of the house be appointed to represent this house at
his funeral.

Hesolved, That these resolutions be entered upon the
journal of the house, and that a copy be transmitted to the
family of the deceased.

Li House of Representatives, adopted January 27, 1892.

Resolutions relating to the adoption of national legisla-
tion PROVIDING for the USE OF IMPROVED CAR COUPLERS AND
BRAKES, AND THE GREATEK SAFETY OF PASSENGERS.

Whereas, resolutions were adopted by the last general J^yP'j^y.^'^^^^'"
court relative to urging upon congress the adoption of leg- brakes, etc.
islation providing for the use of improved car couplers and
brakes and improved devices for the safety of passengers
upon railroads, and a committee of members of the last
general court was appointed to proceed to Washington
and represent to the appropriate committee or committees
of congress the need of such legislation, which committee
has been unable to discharge its duties as yet, owing to
the fact that the proper time has not arrived ; and

Whereas, it is desirable that there should be an expres-
sion of the opinion of the present general court upon the
same subject and a committee appointed to act with the
committee of last year, —

Resolved, That in the opinion of this general court
legislation should be enacted by congress which will tend

586 Resolutions.

to prevent the loss of life resulting from the present
dangerous and imperfect methods of car coupling and
insufficient brakes, and from the present methods of heat-
ing, lighting and operating railway cars ;

Resolved, That a joint special committee of the present
general court, to consist of two members on the part of
the senate and three members on the part of the house be
appointed to proceed to Washington and act with the com-
mittee of the last general court in urging this matter upon
the attention of the appropriate committee or committees
of congress.

In House of Representatives., adopted February 15, 1892.

In Senate, adopted in concurrence February 16, 1892.

Resolutions relative to the transfer of the revenue marine
from the jurisdictiox of the treasury department to the
jurisdiction of the navy department.

JevTnuem°arin^e^ Resolved, That the scuatc and house of representatives
to the jurisdic- of i[^q Commonwcalth of Massachusetts, in general court

tion of the navy , i i n ii i i

department. assembled, respectiully and earnestly urge upon con-
gress the importance and public benefit of transferring
the officers, seamen and vessels of the revenue marine,
from the jurisdiction of the treasury department to the
jurisdiction of the navy department, and request congress
to pass a bill eftecting that purpose.

Resolved, That copies of these resolutions be sent to
the presiding officers of both houses of congress, and to
the senators and representatives in congress from this
Commonwealth.

In House of Representatives, adopted February 16, 1892.

In Senate, adopted in concurrence February 19, 1892.

Resolutions relating to the fisheries of Massachusetts.

fisllerils of ^'^^ Resolved, That the senate and house of representatives
Massachusetts, of Massacliusctts, in general court assembled, respectfully
call the attention of the cong-ress of the United States to
the fact that the menhaden, mackerel and other fisheries
alono; the seacoast and shore of Massachusetts are of
great importance and value to her people ; that the Com-
monwealth has made large expenditures for the protection
and preservation thereof, and that any interference with
the rights of the people of Massachusetts therein, as now
established by the supreme court of the United States,

Eesolutions. 587

would be of great damage and injury to them. And
therefore they respectfully memorialize congress to refrain
from abrogating or interfering with the interests in and
control over said fisheries, now held and exercised by the
Conmionwealth of Massachusetts, and especially to refrain
from enacting such legislation as is embodied in bill num-
ber tive thousand and thirty, now pending in the house
of representatives of the United States.

Resolved, That the governor of the Commonwealth of
Massachusetts be authorized and requested to appoint two
or more suitable persons, who shall appear before the
committee on merchant marine and fisheries of the house
of representatives of the United States at the hearing
upon said bill, to state the position of Massachusetts
upon the subject, and to oppose said bill as being injurious
to her interests and to the welfare of her people ; and
further

Resolved, That a copy of these resolutions be trans-
mitted to each of the senators and representatives of
Massachusetts in congress, and that they are hereby
requested to protect by all proper means the rights and
interests of Massachusetts in the premises.

In Senate, adopted February 16, 1892.

In House of Representatives, adopted in concurrence February
23, 1892.

Resolutions relative to tbe manufacture of clothing in
unhealthy places and the transportation or sale of

clothing so MANUFACTURED.

Resolved, That it is the sense of the senate aiid house on the manu-
of representatives of the Commonwealth of Massachusetts, c?othYni made*
in general court assembled, that legislation to prevent J"""^®'*'''^^

1 /» . . places.

the manufacture of clothing in unhealthy places, and the
transportation or sale of clothing so manufactured, is wise
and expedient, and that the general court respectfully
urges upon the congress of the United States such action
as will best accomplish this result.

Resolved, That copies of these resolutions be sent to the
presiding officers of both houses of congress and to sena-
tors and representatives in congress from this Common-
wealth.

In Senate, adopted February 25, 1892.

In House of Represeydatives, adopted in concurrence March
1, 1892.

588

Resolutions.

Thanks to v iri-
0U9 persons for
gifts of por-
traits of former
governors of
the Conarnon-
wealth.

Relative to
restoration of
John M.
Goodhue to
former rank in
United States
army.

Resolutions concerning portraits of former governors of

THE commonwealth.

Resolved, That the thanks of the Commonwealth be
o'iven to Shepherd Brooks, Francis Brooks and Peter C.
Brooks, for their gift to the state of a portrait of governor
John Brooks ;

To John Chandler Bancroft Davis of New York, George
Henry Davis and Horace Davis of California, Andrew
McFarland Davis of Massachusetts and John Davis of
Washington, District of Columbia, for their gift to the
state of a portrait of governor John Davis ;

And to Alexander H. Eice, formerly governor of the
Commonwealth, for his gift to the state of a portrait of
himself;

And that said portraits, with other portraits of former
governors which may hereafter be received, be hung in
such places in the state house as the governor may direct.

In House of Representatives^ adopted March 16, 1892.

In Senate, adopted in concurrence March 18, 1892.

Resolutions relative to memorializing congress to restore
john m. goodhue to the armr, and to place him on the
retired list.

Resolved, That the senators and representatives of this
Commonwealth in congress are hereby requested to use
their best efforts to secure the passage of an act restoring
John M. Goodhue, a citizen of this Commonwealth, to the
rank held by him in the United States army at the time
of his retirement, and placing him on the retired list.

Resolved, That copies of these resolutions be sent to
the senators and representatives of this Commonwealth in
congress.

In Senate, adopted March 23, 1892.

In House of Representatives, adopted in concurrence March
28, 1892.

Resolutions relative to the establishment of a life saving
station at city point.

tionarci"^^^' WJiereas, A serious accident has recently occurred off
Point. City Point in the city of Boston, whereby eight persons

lost their lives by drowning ; and

Resolutions. 589

JVhei'eas, Many accidents of a similar nature have here-
tofore occurred near the same point, and are likely to
occur in the future, resulting in great loss of life, unless
some provision is made for the rescue of persons in peril
of drowning ;

liesolved, That our senators and representatives in con-
gress are requested to lay before congress, or before the
proper officials of the national government, the importance
of establishiusi: and maintaining another life savins; station

O O C5

on the coast of Massachusetts, to be located at City Point;
liesoJved, That a copy of these resolutions be trans-
mitted to each senator and representative from this Com-
monwealth in the congress of the United States.

In House of Representatives, adopted April 25, 1892.
In Senate, adopted in concurrence April 25, 1892.

Resolutions on the death of stillman w. edgexl.

Resolved, That the senate hereby records its apprecia- on the death of
tion of the character and services of the late Stillman W. Edgeif.
Edgell, for many years doorkeeper of the senate.

Resolved, That by his decease the senate loses a valu-
able officer and the Commonwealth a faithful public ser-
vant and a good citizen.

Resolved, That he deserved high praise for his patriotic
devotion and unselfish sacrifice w^hile serving his country
during the war of the rebellion.

Resolved, That as a mark of respect to his memory the
senate be represented at his funeral by a committee of
four.

Resolved, That the profound sympathy of the senate be
extended to the family of the deceased and that a copy of
these resolutions be transmitted to them by the clerk of
the senate.

In Senate, adopted April 2Q, 1892.
Resolution against the monopoly of mining and transpokt-

INQ anthracite COAL.

Resolved, That, whereas a combination has been formed Against the
which has secured a substantial monopoly of mining and rnhnng^uncT
transporting anthracite coal, so that our people for this {Sacne'co"al^°'
necessity, essential to their life and prosperity, are placed
at the mercy of a few individuals who have already indi-
cated their purpose by a large and unusual increase in the

590

Resolutions.

Relating to the
immigration of
paupers,
crimioals, etc.

price of fuel, — we therefore request our senators and
riepreseutatives in congress to make all reasonable efforts
to secure the passage of laws eflectual to prevent such
combinations, destroy such monopolies, and put the supply
of fuel as nearly as may be beyond the reach of private
speculation.

The secretary of the Commonwealth is requested to
transmit forthwith a copy of this resolution to each of
our senators and representatives.

In Senate, adopted May 13, 1892.

In House of Representatives, adopted in concurrence May 19,
1892.

Resolutions relating to the immigration of paupers, crim-
inals AND dependent persons.

Resolved, That the senate and house of representatives
of the Commonwealth of Massachusetts, in general court
assembled, earnestly and respectfully urge upon the con-

gress of the United States and the executive

and

legisla-

tive departments of the several states, the importance of
adopting legislative measures establishing a uniform pol-
icy in dealing with immigrants from foreign countries,
and persons migrating from state to state, who are de-
pendent upon pul)lic or private charity, and are of idle,
vicious or criminal habits.

Resolved, That the secretary of the Commonwealth be
requested to transmit copies of the foregoing resolution
to the presiding officers of both houses of the congress of
the United States, to each of the senators and repre-
sentatives therein from this Commonwealth, and the gov-
ernors of the several states of the United States.

In Senate, adopted May 13, 1892.

In House of Representatives, adopted in concurrence May 23,
1892.

On the death of
Horace E.
Miller.

Resolutions upon the death of horace e. miller, late rep-
resentative FROM the fourth FRANKLIN DISTRICT.

Resolved, That the house of representatives learns with
sorrow of the death of Horace E. Miller, late a member
of this house from the fourth Franklin district;

Resolved, That the house desires to publicly attest its
regard for him as a man of great integrity of character
and one who had won the respect of all his associates by

Eesolutions. 501

his estimable personal traits and the conscientious manner
in which he discharged his public duties ; and that tli«
house further desires to express its sympathy with the
family and friends of the deceased ;

Resolved, That these resolutions be entered at length
upon the journal of the house, and that an engrossed copy
be transmitted to the family of the deceased.

In House of Representatives^ adopted June 16, 1892.

The general court of 1892, during its annual session, passed four
hundred and twentj-nine acts and one hundred and six resolves,
which received the approval of his excellencj' the governor. In
addition to these the following acts were laid before the governor
and failed to receive his approval, but as they were not returned by
him, with his objections thereto, within five days after receiving the
same, the general court not having adjourned in the meantime, said
acts had "the foi'ce of a law%" under the provisions of the Constitu-
tion, and have been so certified, viz. : —

An Act to establish the salaries of the justice and clerk of the
police court of Marlborough. [Chap 93.]

An Act to establish the salary of the justice of the East Boston
district court. [Chap lOU ]

An Actio establish the salaries of the county commissioners for
the county of Plymouth. [Chap 298 ]

An Act to establish the salaries of the county commissioners for
the county of Essex. [Chap 3.51: ]

An Act to incorporate the Roxbury Trust Company. [Chap 394.]

An Act to incorporate the Beacon Trust Company. [Chap. 39.5.]

An Act to incorporate the West Lynn Trust Company. [Chaj).
396.]

An Act to incorporate the Essex County Safe Deposit and Ti'ust
Company [Chap 397.]

An Act to incorporate the Plymouth County Safe Deposit and Trust
Company. [Chap. 398 ]

An Act to establish the salaries of the county commissioners for
the county of Norfolk [Chap 399.]

An Act to incorporate the Columbia Trust Company. [Chap. 400.]

Six acts, entitled respectively, " An Act to establish tlie salary of
the justice of the fourth district court of eastern Middlesex", "An
Act to establish the salaiy of the justice of the police court of Wil-
liamstown ", " An Act to authorize the Connecticut River Railroad
Company to increase its cajiital stock ", " An Act to permit the sale of
trout artificially I'aised in this Commonwealth, between the fifteenth
day of Januar}^ and the first day of April in each year", " An Act to
authorize the city of Woburn to appoint a superintendent of public
buildings" and " An Act to establish Fire District Number One in the
town of Webster" were passed and laid before the governor for his
approval and were returned by him with his objections thereto, to
the branch in which they respectively originated ; were reconsidered,
agreeably to the provisions of the constitution, and the vote being
taken on passing the same, notwithstanding the objections of the gov-
ernor thereto, they were rejected, two thirds of the members present
and voting thereon not havins: voted in the affirmative.

592 Resolutions.

"An Act to promote temperance by the suppression ot the liquor
saloon and tippling shop", was laid before the governor for his ap-
proval and was returned by him to the house of representatives, the
branch in which it originated, with his objections thereto ; w' as recon-
sidered and passed, notwithstanding the objections of the governor
thereto, two thirds of the members present and voting thereon having
voted in the affirmative. The act was thereupon sent to the senate,
was reconsidered, and the vote being taken on passing the same,
notwithstanding the objections of the governor thereto, it was re-
jected, two thirds of the senators present and voting thereon not hav-
ing voted in the affirmative.

The general court was prorogued on Friday, June 17, at 12.46 A M.
the session having occupied one hundred and sixty-three days.

Governor's Address. 593

UsTAUGUEAL ADDRESS

HIS EXCELLENCY WILLIAM E. EUSSELL.

At twelve o'clock on Thursday, the seventh day of
January, his excellency the governor, accompanied by
his honor the lieutenant governor, the members of the
executive council, and officers of the civil and military
departments of the government, attended by a joint
committee of the two houses, met the senate and house
of representatives, in convention, and delivered the fol-
lowing : —

ADDRESS.

Gentlemen of the senate and house of rejjresentatives.

Profoundly grateful to the people of the Commonwealth
for the renewed contidence which has again entrusted me
with important public duties, I enter upon their discharge
by submitting to you such suggestions and recommenda-
tions as seem to merit your consideration and action.

This privilege of addressing the legislature, accorded
the governor by long established custom, is not, in my
judgment, best used in a perfunctory statement of the
recommendations of the various departments of the Com-
monwealth, all of which are set forth fully in their reports
to you. I believe it better to make this the occasion
for a broader treatment of public questions, for giving
expression to the people's wishes and wants, and for
suggestion to the legislature, and through it to the pub-
lic, of any policy or reform which seems to the governor
wise and necessary, and for which he is ready to assume
responsibility. Department recommendations can be
called to your attention in a later message, if necessary,

594 Governor's Address.

with such endorsement or criticism as they suggest.
This course separates more clearly the views of the
executive and of the departments, and gives to both
greater emphasis and responsibility. It requires the
chosen representative of the people, as his first duty, to
submit to you their opinion, indicated by their votes,
upon such public matters within your jurisdiction as
demand your attention. So will elections mean a choice
between principles and measures rather than between
men.

The close dependence of the people upon their state
government, the great and immediate control it exercises
over them and their liberty, property and welfare, make
the duty imperative of keeping that government efficient
and responsible in its work, and of adopting any changes
or reforms necessary to this end. With the tendency
each year to increase its duties and to multiply its
subjects, and thus to enlarge its power over public and
individual interests, the greater is the necessity that this
power should be restrained by such oflScial responsil)ility
as will keep it well within the control of the people, and
make every administrative officer answerable to them.
" The first requisite of efficient administration," says an
experienced writer, "is power with responsibility to a
constituency which can readily call it to account."
Machinery of government which worked easily and well
when its duties were comparatively few and simple, may
be too cumbersome to meet its many and complicated
duties of later days, and entirely inadequate to bring the
government, now more and more felt by the people,
within their control. Faithful and efficient service may
make a bad system work well, or mitigate its lack of
responsibility ; but sound administration cannot perma-
nently be had under such conditions, nor until the system
itself is changed and corrected.

In my judgment the time has come when the attention
of the legislature ought to be directed to the executive
branch of our government, to the great increase of its
duties, the lack of uniformity or system in the organiza-
tion created for their discharge, and its entire absence of
responsibility, except in the high character and conscien-
tious service of officials in its various departments. JSIy
criticism is not of officials, but of a system ; and the test
of that system is not the faithful work which they have

Governor's Address. 595

done, but the unfaithful work others might do without
adequate responsibility to call them to account. If dan-
ger lurks in the system, if it can permit arbitrary acts
without control, misconduct without correction, or official
administration without responsil)iIity, it is wrong,

A year ago in my inaugural address I briefly considered
this subject. The experience of the year has strengthened
my conviction upon the views and recommendations then
expressed. As the subject has been constantly before
the people in the mean time, by executive action, debate
in the legislature, and discussion through the press and
in the last political campaign, and the people may fjiirly
be considered to have formed and expressed their opinion
upon it, I deem it my first duty to urge upon you a
thorough examination of our methods of executive and
administrative work, and the adoption of such changes as
will bring into it complete responsibility to the people,
and will simplify machinery at present complex, without
system or uniformity.

A brief examination of the o-mdual but larije o:rowth of
executive work and executive offices in the more than one
hundred years of our constitutional government, is neces-
sary for an intelligent consideration of this matter. For
some 3'ears after the adoption of our constitution in 1780
there were few administrative officers to be appointed
or supervised by the governor. While the constitution
definitely fixed the appointment and tenure of judicial and
military oflScers, it left to the legislature the power "to
provide by fixed laws for the naming and settling all civil
officers within the Commonwealth, the election and con-
stitution of whom are not in this form of g-overnment
otherwise provided for, and to set forth the several duties,
powers and limits of the several civil and military officers
of the Ctimmonwealth." It was not then foreseen, nor
has it been at any time since, how great would be the
growth of executive work, and how varied and intricate
the subjects of public and private interest with which it
would deal. Consequently, neither by the constitution
nor by any legislative act, has there been established any
uniform system ; but, as the exigency of the moment
demanded, an office has been created, apparently without
much thought of its relation to the executive machinery
already or thereafter to be established. As in the multi-
plicity of laws it becomes imperative at last to codify and

596 Governor's Address.

systematize them, so in the multiplicity of offices the same
necessity may exist.

The growth of the Commonwealth, the creation and
increase of her penal, reformatory and charitable institu-
tions and of new subjects of public supervision or control,
have compelled the legislature, under the authority con-
ferred upon it, to establish numerous offices and depart-
ments as the necessary machinery for the administration
of this work. Most of these are of comparatively recent
date, created with little regard to uniformity of govern-
ment or direct responsibility. There, are today in the
executive department of the Commonwealth over three
hundred officers, commissioners and trustees, not includ-
ing clerks and other subordinate officers, participating by
statute authority in the administration of our government.
There are over twenty-five state commissions (some,
however, not purely executive), and more than one hun-
dred tru>tees of public institutions. Whether this number
can be reduced by abolition or consolidation of oflSces
has been considered by a special committee of the last
legislature, who will submit to you the result of its
investigation.

In my judgment that question is rather one of detail
than of princi[)le, and by no means as important as the
question of uniformity and responsibility in the adminis-
tration of these public trusts. At present there, is neither.
The tenure of some commissioners and trustees is three
years ; of others, five ; of others, seven ; and of one board,
eight. This tenure is fixed by law, and gives the occu-
pant a right to hold the office for its full term, in the ab-
sence of express statute provision for removal. In many
of the statutes there is no such provision, and where it
exists there is no uniformity. Members of four commis-
sions and the medical examiners can be removed for
sufficient cause by the governor with the consent of the
council ; members of eleven commissions can be removed
with or without cause by the governor, but only with
the same consent. Only eight officers, outside of the
district police, can be removed by the governor alone,
upon his own responsibility. That is the extent of his
effective and responsible executive control. Five boards
of trustees are removable " for sufficient cause," but with-
out any provision as to who shall exercise this power.
Of the remainins: administrative boards and officers

Governor's Address. 597

appointed for a fixed term, inclndino: the boards of
lunacy and charity, of health, of education, of pris-
ons, the state members of the board of agriculture, and
other officers holding important public trusts, there is no
power of removal in any body, except by the cumbrous
machinery of impeachment. More than one hundred and
twenty imi)ortant executive officers are thus, durinof a
tenure of office varying from three to eight years, beyond
the reach and control of an}' executive power. All of
these officers perform public duties, expend public money
and administer public trusts. In some way they should
be made responsible to the people. Otherwise there is
danger of friction and conflict. Arbitrary acts cannot be
controlled, misconduct cannot be punished, nor can any
one be held directly and properly responsible for official
action.

As an illustration of our irresponsible system, I again
call the attention of the legislature to our method of
prison management. At present the warden in charge
of the prison has no power over his principal subordinates,
either in their appointment or removal, except with the
concurrence of the prison commissioners, with an appeal
to the governor and council in case of conflict : the commis-
sioners in charge of the institution have no power over
the appointment or removal of the warden ; and neither
the governor nor any one else has any power over the
commissioners. In case of mismanagement, inefficiency,
or trouble and insubordination within the prison, such as
have occurred in times past, where lies the responsibility
or the remedy? In my judgment, the warden should be
given power over his subordinate officials, the prison
commissioners power over him, and the governor power
over them ; and for its exercise, he should answer to the
people. A bill to this eflect was reported to the last leg-
islature by one of its committees. In the house it was
amended by a provision that the power of the governor
should be exercised only with the consent of the council,
thus destroying the most important link in the chain of
responsibility, and the one which brought this executive
power within the control of. the people, and its exercise
under responsibility to them. The bill as amended was
properly defeated in the senate.

Suppose that some administrative board, within its
limited authority in part to administer the people's gov-

598 Governor's Address.

ernment, should knowingly adopt a policy against the
wish of the people, or against their wnll as deliberately
expressed through their legislature, — are the people to
have no control over such board or its action? Is their
government to this extent to be beyond their reach ?

All must agree that the safe and democratic form of gov-
ernment is to make these administrative officers in some
Avay responsible to the people. This is in accord with
the constitutional intent, as expressed in the declaration
of rights, that " All power residing originally in the peo-
ple, and being derived from them, the several magistrates
and officers of government, vested with authority, wdiether
legislative, executive, or judicial, are their substitutes and
agents, and are at all times accountable to them." Again
it says : " In order to prevent those who are vested with
authority from becoming oppressors, the people have a
right, at such periods and in such manner as they shall
establish by their frame of government, to cause their
public officers to return to private life ; and to fill up va-
cant places by certain and regular elections and appoint-
ments." In giving to the legislature authority to create
administrative offices, and to fix their tenure, duties and
powers, the constitution contemplated that such authority
would be exercised with due observance of its injunctions
to make such officers accountable to the people, and to
preserve to the people their power over them.

How can this best be done? It is not practicable to
elect them. They must be appointed ; and, to be respon-
sible to the people, they should be under the control
of the elected servants of the people. They cannot be
made responsible directly to the legislature, for this is
expressly forbidden by the constitution. The legislature
which created the office, can abolish it ; but responsibility
dependent upon such remedy involves destruction of the
. administrative machinery whenever a particular adminis-
trator is inefficient or unfaithful. There remains only its
power of impeachment, restricted to cases of " miscon-
duct and maladministration in office." This involves
trial and conviction upon formal charges, and requires so
much time and effort that it cannot be an efiective and
constant means of making administrators responsible to
the people.

The power of removal, as a necessit}^ for responsible
control, must then be vested in the executive department;

Governor's Address. 599

and T submit that it can best be vested in the head of that
de{)artnient. Our constitution, in creating his office,
declared that he " shall be a supreme executive magis-
trate ; " and, further, "that he should in all cases act
with freedom for the benefit of the public." It nowhere
limits his executive supervision of executive work, nor
suggests that his direct and immediate responsibility to
the people should be lessened by statutory creation of
departments, boards and offices beyond his control. If
they are not within his control they are beyond that of
the people.

Provisions much like ours in the constitution of Penn-
sylvania have been construed by her supreme court as
vesting in the governor the absolute power of removal.
In its decision the court says : " The powers of the gov-
ernor are never suspended. He is at all times authorized
to exercise ' the supreme executive power.' The fact
that an officer may be removed by the dilatory process of
impeachment creates no argument against the summary
power of removal by the governor. Crime, imbecility or
gross neglect of duty, may demand that an officer shall be
removed at once. The power to protect the people of the
Commonwealth by prompt action is wisely given to the
governor. In giving construction to the constitution, we
cannot assume that he will abuse that high trust." *

Our constitution, framed and adopted in the midst of
war, when military powers were uppermost in the minds
of the people, and remaining unchanged in this respect
through wars and rebellions within and without the Com-
monwealth, gives to the governor at such times power
almost autocratic. The exercise of this power by a gov-
ernor accountable to the people has been ever — but
especially during the civil war, by the great Andrew —
efficient, responsible, and to their entire satisfaction. It
is hardly conceivable that the constitution intended that
the governor, thus trusted with great responsibility and
power in time of danger, should in civil administration
have but little power, and be in name only the " supreme
executive magistrate." I think the framers of the consti-
tution meant that the governor should be in fact the chief
magistrate, and as such should have authority commensu-
rate with his responsibility ; and this not for the purpose

* Lane v. Commonwealth, 103 Pa. St. 481.

600 ' Goveenor's Address.

of giving him power, but of imposing upon him responsi-
bility, and so retaining power in the people. To them he
is directly responsible for the exercise of his power, and
he hardly begins his duties before he is called upon to
account to them. If he cannot justify his acts, he deserves
and receives their condemnation.

The council has its function in the executive govern-
ment. The constitution created it " for advising the gov-
ernor," not for tying his hands, not for dictating his
appointments, nor for exercising coordinate and equal
power with him. It creates not ten but one "supreme
executive magistrate." The jurisdiction of the council
was fully and ably discussed in the constitutional con-
vention of 1853. No one in that elaborate debate claimed
as part of its power the right to advise in cases of remov-
als from office. Its only powers, as there stated and
claimed, were to advise and consent to appointments, to
advise in cases of pardon, to audit accounts, and to act as
the supreme returning board in the election of state offi-
cers. These powers a majority of the convention deemed
of sufficient importance to justify the continued existence
of the council.

In appointments to office there may well be a confirm-
ing power. It is approved by an experience of more than
a century in national and state government ; it aflbrds
an opportunity to correct mistakes, and to defeat any
improper or personal influences governing an appoint-
ment ; but it still leaves to the executive a tield for selec-
tion practically unlimited. If not abused and made a
power to dictate, it does not infringe upon executive
responsibility. Whether this power can better be exer-
cised by the senate, as in the national government and in
many states, or by the council, does not seem to me of
the greatest importance ; nor does the question whether
the council itself shall remain or be abolished, although
in but three of our forty-four states is there an elected
executive council. But whether power to remove shall
be shared by the council is of great importance, and
vitally affects executive responsibility. This power is
necessary for proper executive control. If not entrusted
to one alone, either its efficiency is lost, or greatly im-
paired by divided responsibility. Such divided respon-
sibility, or no responsibility, is the s^'stem of executive
management established in this Commonwealth wholly by

Governor's Address. GOl

statute law, mostly of recent enactment. Experience has
shown as practical results of such a system : —

jF'ir.'iL Tliat neither the governor nor the people
through him have any adequate power over the executive
departments, of which he is the head, but his power is
practically limited to suggestions, advice and appoint-
ments to till vacancies.

Second. That over many of the departments and exec-
utive otHces there is no power of control in any one.

TJiird. That the power of removal and so of control
usually requires for its exercise a formal trial upon spe-
cific charges, and proof of absolute malfeasance in ofEce.

FouvtJi. That an officer of an important public depart-
ment, accused of official misconduct which, in the opinion
of the governor, requires his removal, may remain in
office without the confidence and against the will of his
executive chief.

Fiflh. That a member of an important commission
may hold his office indefinitely after his term has expired,
without appointment and without the approval of the
governor.

Sixth. That nominees of the governor, beyond criti-
cism and objection, may be refused confirmation for the
sole and declared [)urpose of holding in office men wdiose
term of office has expired.

Seventh. That with the present limitations upon the
power of removal, the power to confirm can always be
used for this j^urpose, and successfully in every case of
an expired term.

I state these results of our present system not to discuss
here executive action in any particular case, but because
I Ijelieve all can agree, whatever their opinion in such
case, that a system which can produce such results is
without proper responsibility, and ought to be so changed
as to give to the chief executive power that shall fix upon
him full executive responsibility.

I am confirmed in this opinion by the established and
nearly unbroken practice in the national government for
more than a century, by the full recognition of this jM'inci-
ple in modern municipal government, by its adoption in
the executive system of other states, and by its endorse-
ment alike by the student of government and l)y those
who have had practical experience in its administration.
The constitution of the United States, vesting in the pres-

6<)2 'Governor's Address.

ident the executive power, gives to him the power of
appointment "by and with the advice and consent" of
the senate, and is silent as to the power of removal. The
same phrase and the same silence are found in the consti-
tution of our Commonwealth. The first congress, in
establishing executive departments, expressly conferred
the power of removal upon the president. In the debate
upon that question, Madison, one of the framers and
expounders of the national constitution, declared its pur-
pose as follows : "It is evidently the intention of the
constitution that the first magistrate should be responsi-
ble for the executive department. So far, therefore, as
we do not make the ofiicers who are to aid him in the
duties of that department responsible to him, he is not
responsible to his country." The act conferring this
power was carried in the senate by the casting vote of
vice president Adams, who gave at length his reasons for
his vote. Speaking of these, his grandson, Charles Fran-
cis Adams, writes : " These reasons were not committed
to paper, and can, therefore, never be known ; but in their
soundness it is certain that he never had the shadow of a
doubt. His decision settled the question of the constitu-
tional power in favor of the president, and consequently
established the practice for the country which has contin-
ued down to this day." He adds : " All have agreed that
no single act of the first congress has been attended with
more important efiects upon the working of every part of
the government."

The policy thus established remained unchanged down to
1867, and gave to the president unlimited power, directly
or indirectl}^ to remove all subordinate officers, now num-
bering more than one hundred and twenty thousand. In
that year, owing to a conflict between the president and
congress, an attempt was made to restrict his power by
the passage of an act of doubtful constitutionality, requir-
ing the consent of the senate to removals from office.
That act was greatly modified during the next adminis-
tration, and was finally repealed in 1887, after it had long
ceased to have any active operation. I do not believe
that the people would now permit the hands of their
president to be tied, and executive responsibility to be
divided and lost between him and the senate.

The same principle has been successfully applied to
municipal government, and is strongly endorsed by munic-

Governor's Address. 603

il):il adiiiinistrators. I have already quoted the well-known
views of ex-mayor Low of Brooklyn to this effect. Equally
enqjhatio is the opinion of ex-mayor Hart of Boston, who
says, in a recent iniblication : " It is not certain that the
mayor f>hould have absolute power of appointing his sub-
ordinates or any other public officers. The power of
removal should be vested in the mayor." An able com-
mission ap{)ointed in Pennsylvania in 1878 to devise a
])lan for city government, reporting in favor of this prin-
ciple, said : " It is self-evident that the affairs of govern-
ment cannot ho well conducted unless there is an executive
head upon whom responsibility therefor is imposed. It is
equalh' clear that such responsibility cannot be exacted
without the grant of corresponding power. ... It may
be said that it is dangerous to clothe him with so much
authority. The answer is that such power must be lodged
somewhere if good government is to be attained, and
wherever placed it is essentially executive in its nature.
The ma} or is the chief executive of the city, and therefore
he is the proper officer to exercise it. AVithout it there
can be no efficiency in the performance of his duties."

In the great cities of the country this principle has been
fulh' estal)lished as essential for a responsible and efficient
s^'stem of government. Its soundness has been repeatedly
recognized by the legislature in this Commonwealth in its
later treatment of municipal charters, notably in the case
of the city of Bostcm. The principle thus accepted as
proper in the executive government of nation and city,
prevails in the executive departments of many of our
sister states, which vest the removing power in the gov-
ernor alone If undivided responsibility is essential for
proper government in nation, city and other states, why is
it not wise to place such responsibility also upon the gov-
ernor of our Commonwealth? If the principle is sound,
it obviously applies to all executive power. I believe that
it has been thoroughly tested, and has proved to be sound ;
and that it best secures what Mr. Webster felicitously
called " The people's government, made for the people,
made by the people, and answerable to the people." Three
hundred or more subordinate public officers, now under
divided control or none, would thus be made directly
responsible to the chief executive, and lie by the constitu-
tion is directly and immediately responsible to the sov-
ereign people. These administrative officers, with few

604 Governok's Address.

exceptions, exercise their jurisdiction over the whole
Commonwealth. They should be responsible to a repre-
sentative of the whole Commonwealth, and not to a body
each of whose members represents, and is responsible to,
only a local constituency. I therefore earnestly commend
to your favorable consideration such legislation as will
give the power to remove all these administrative officers
for cause stated to the governor, leaving to the council the
power of confirmation of his appointments.

In making this recommendation my criticism is of a
system and not of ofiicials. I recognize the ability and
fidelity which our public servants, with few exceptions,
have given to their Commonwealth. Especially do I
appreciate the unselfish, patriotic labor freely given her
by noble men and women in her great work of education,
charity and reform, and for the health, safety and pros-
perity of her people. This recommendation is without
personal or selfish motive, and simply in the interest of
efBcient and responsible government. The record of my
administration is proof of this fact. Of the few executive
officers wholly under the control of the governor, not one
has been removed during my year of service except the
gypsy moth commissioners, and they for admitted cause.
Of the many others whose terms have expired, a very
large majority, though not of my political faith, have been
reappointed. It is far easier and more agreeable for a
pul)lic officer to have less rather than greater responsi-
bility ; and the exercise of power over offices is the most
irksome part of executive duty. Such power, I repeat,
" makes any man conservative ; its selfish use for patron-
age only is fortunately sure to be both disagreeable and
destructive." I am confident that you will receive this
recommendation in the spirit in which it is offered, and,
seeking only the public good, will give to it your careful
consideration.

EXECUTIVE BOARDS AND OFFICES.

Again I call the attention of the legislature to the sub-
ject of executive boards and offices, in the firm belief that
some steps can be taken tending to simplify and systema-
tize executive work. In its consideration you will have
before you the report of the special committee of the last
legislature, which has made an investigation of the matter

Governor's Address. 605

during the recess. Apparently in tlie past some boards
and offices have been created to meet an exigency of the
moment, without due thought of their proper relation to
existing administrative machinery, or to the question
whether or not it could do the new work ; and there never
has been, I believe, a comprehensive consideration of this
machinery as a whole, with a view to reduce it to a sys-
tem, with proper dependence, responsibility and harmony
between its separate parts. I do not believe that the mere
consolidation of boards and offices, having distinct tields
of work without necessary dependence on each other, is
any gain. This was tried without success with the boards
of health, and of lunacy and charity. But greater effi-
ciency and economy can be had by the abolition of some
unnecessary offices, where the transfer of their duties can
be made to some other authority as well or better titted to
do the work. Without attempting to cover the field or to
outline an administrative system, I call to your attention
some instances where such changes, in my judgment, can
properly be made.

Board of Agriculture. — The state ])oard of agriculture
is one of the oldest of our boards, and represents an
industry most important to our people and our Common-
Avealth. Its membership consists almost wholly of practi-
cal men, thoroughly conversant and in touch with that
great industry. With their knowledge, experience and
personal interest in agriculture, they are especially well
fitted to deal with all matters and laws relating to it, and
to act for the Commonwealth where she touches agri-
cultural interests. Yet from time to time there have been
created for such work separate and distinct administrative
commissions and boards, such as the cattle commission,
the gypsy moth commission, and the board of control of
the agricultural experiment station. Last year 3'our pred-
ecessors abolished the gypsy moth commission, and trans-
ferred its powers, duties and appropriation to the board
of agriculture, to the great gain of agriculture and of the
Commonwealth. They also created out of the board a
dairy bureau for the enforcement of the law to protect
dairy products, instead of making a distinct commission.
Both of those steps were in the right direction, and tended
to concentrate executive work in the proper and most com-
petent hands, instead of dividing it among independent,
unnecessary and expensive commissions. I believe, as

606 Governor's Address.

further steps, that the duties of the cattle commission
should be transferred to the board of agriculture, and the
commission abolished ; and that the board should also have
charge of the agricultural experiment station. AVith these
enlarged executive duties given to it, there should be
added to the board necessary specialists for its various
departments, and the board itself should be organized into
properly paid bureaus for executive work. Among its
departments there might well be included one on roads,
bridges and drainage, having attached to it a competent
engineer. These subjects are of great importance, and
aff'ect seriously the health, comfort and convenience of all
our people. The travel upon our highways, especially for
long distances between centres of population, has much
increased The need of improving these highways, and
of more uniform and systematic methods in their construc-
tion and maintenance, is apparent. Without infringing
on any local right or power, such a department could
gather and distribute valuable information on this subject,
and give experienced advisory assistance on road construc-
tion and maintenance. I believe that this would lead to a
more comprehensive and scientific treatment of all our
highways, and to greater economy and improvement than
by unaided local eftbrt. This subject has been called to
the attention of the legislature by several of my prede-
cessors. I commend it to your careful consideration.

I uro-e this transfer and irrant of executive duties to the
board of agriculture for the purpose of placmg in one
responsible and thoroughly representative board all the
executive work of the Commonwealth relating to agricult-
ure, and of giving to the farmers themselves the enforce-
ment of all laws in which agriculture is especially inter-
ested. The board will then be, as it ought to be, one of
the strongest and most important in the Commonwealth.

State Board of Police for Boston. — This board was
created in 1885,;igainst strenuous opposition, for the pur-
pose of taking from the city of Boston the control of her
police force, and of vesting it in a state board, which was
also given the licensing power. Since then the peojjle of
Boston have had no power whatever over their police, or
over the enforcement within her limits of the laws of
the state, or of the municipal ordinances enacted for their
safety and benefit. If in their opinion constant and
repeated violations of law are permitted, to their injury ;

Governor's Address. 607

if municipal ordinances are not enforced, resulting in
detriment to the public health or to the public conven-
ience ; if notorious and illegal resorts are allowed to exist,
to the scandal and disgrace of the city ; or if the control
of the police and of the saloons is abused for political pur-
poses,— the citizens of Boston have no power to correct
these-evils, but must patiently submit to them, while they
are taxed for the whole expense of such enforcement of
law. Boston is the only community within the Common-
wealth which has thus been deprived of the right to govern
herself. The declared reason for such legislation was
mistrust of her citizens. I do not share that sentiment.
On the contrary, I have not only a firm belief in their
right to govern themselves, but full confidence in their
capacity and ability to do so. The jurisdiction of this
state board over both licenses and police is a union of two
distinct powers, which, in my judgment, it is not for the
public interest to have united in any one board. The
power of granting or revoking licenses is judicial in its
character ; the other is purely executive. The first should
be vested in a board of such appointment and tenure as to
be judicial in its action ; the other in a board responsible
to the community over which it exercises executive con-
trol. I earnestly recommend a separation of these powers ;
that the control of her police be restored to the city of
Boston ; and that you then consider whether the control
of licenses should be left in the present board, or placed
in another board of such character, appointment and ten-
ure that it will be above all political, personal or selfish
influences, and will command the confidence of the people.
Superinltndent of Prisons. — This office, created in
1887 and involving an expense of sixty-five hundred dol-
lars a year, has few and very limited duties, all of which
can be and should be performed by the various boards in
charge of our penal institutions, or by the heads of such
institutions under the direction of such boards. It is
independent of the board of prison commissioners and its
work, and seems to be out of gear with any existing
administrative machinery. Unless you are prepared to
follow the plan adopted in New York, which gives to a
superintendent of prisons, in place of other boards, prac-
tically full charge of the whole prison system, and makes
him, and so the administration of the system, responsible
to the governor, I believe the office is not necessary or

608 Governor's Address.

useful. For these and other reasons, more fully stated in
a special message to the legislature, March 23, 1891, I
recommend that it be abolished.

Topographical Survey Oommission. — This commis-
sion reports that it is now engaged in surveying and
delineating the town boundaries of the Commonwealth,
and that it will require at least ten years more for the
work, of which about one third is completed. In its
opinion this work can best be done under the management
of the board of harbor and land commissioners. It rec-
ommends such transfer, which recommendation I submit
for your favorable action.

Board of Supfrvisors of Statistics. — This board, con-
sisting of state officials, was created in 1877, to have gen-
eral supervision and control of all matters relating to
statistics. It is required to " meet regularly at the state
house at least once in each month." I am informed that
it has met but once since its creation, and has done noth-
ing. It is responsible to no one. It seems to be useful
only as a good illustration of the continued existence of
unnecessary boards, and of the need of a thorough over-
hauling of our administrative machinery.

Building Commissions. — The custom has prevailed in
the past, when any important state building was to be
erected, of creating a salaried commission, usually of three
members, to have charge of the work. These commis-
sions have then employed architects, engineers, superin-
tendents, clerks, or such other assistants as seemed
necessary. While this work has been done in some
instances with unquestioned fidelity and success, in others
there have been delay, unnecessary expense and great
criticism, and in one instance the commission itself was
finally legislated out of office. I do not believe this
method of construction is the most economical or expedi-
tious, or that the creation of these commissions, with rare
exceptions, is necessary. If a building is to be erected
for an institution already existing, I believe that the board
in control of that institution should have general super-
vision of the work, having under them a proper person to
superintend the construction. If the building is for a new
institution, the board which is to manage it should be
created at once, and should be given the charge of the
work. The advantage of this would be greater expedi-
tion, less expense, more care and better results in build-

Governor's Address. 609

ing, and a better institution when in operation, because
of tlie experience and knowledge acquired by the board in
its erection. This was the plan adopted in building the
hospital provided for in chapter 412 of the acts of 1889,
— a precedent which I recommend be followed in the
future. If the building is not or is not to be in charge of
any board, then its erection might be under the direction
of the governor and council, or other proper officials hav-
ing under them some one to superintend the work. If
this pUm, suggested for future building, meets with your
approval, it may be wise and necessary to create a state
otficer, to superintend the details of the construction of
state buildings, under the control of the respective boards
in charge of the work.

The entire absence of responsibility or system in our
executive work ; the instances suggested of needed change
or abolition of offices, and others Avhich may occur to
you ; the advantage of grouping under proper departments
our executive boards and commissions ; the expediency of
devising some better way of bringing the needs and the
information of the executive departments to the atten-
tion of the legislature ; and the necessity of reducing to
a proper system and control our present cumbersome
executive machinery, — all these reasons will, I trust, lead
you to make a comprehensive and thorough examination
of this branch of our government.

Two other matters connected with executive w^ork
deserve your attention.

CLERICAL ASSISTANCE.

Over one hundred thousand dollars are spent each year
by executive departments for clerical assistance, under
appropriations which give to the head of the department
a gross sum to be divided and distributed for this pur-
pose as he deems necessary. For one department sixteen
thousand dollars are so appropriated. The head of that
department can hire sixteen clerks for one thousand dol-
lars apiece, or one clerk for sixteen thousand dollars if he
wishes. The civil service commissioners have earnestly
requested a change in- this system, in which request I con-
cur. In my judgment the clerical force of the depart-
ments should be established by law upon a permanent
basis, wuth fixed salaries, and with a small contingent

610 Governor's Adpress.

appropriation allowed to the head of the department for
such temporary and additional clerical service as may be
needed in an emergency.

DEFICIENCY IN APPROPRIATIONS.

Each year in some departments contingent liabilities
are incurred beyond their appropriations, which are paid
later out of a deficiency appropriation. It is then practi-
cally impossible to question the expenditure. While such
liabilities are no doubt for necessary and unforeseen
expenses, still, as the law absolutely forbids any public
officer to make any purchase or incur any liability beyond
the amount appropriated, in my judgment, when a depart-
ment finds its appropriation exhausted, and yet there is
necessity for further expenditure, it ought, before incurring
any expense, to get the sanction of some other proper
authority. I suggest that in the contingenc\' stated the
department should be required to report the facts to the
governor and council, and to receive their assent before
incurring any further expense.

THE SUFFRAGE.

It is a pleasure on this occasion to congratulate you
upon the ratification and adoption by the people, with
great unanimity, of the constitutional amendment sub-
mitted to them by your predecessors, abolishing the tax
qualification for votmg. After a struggle of more than a
century, untaxed suffrage in the election of state and na-
tional officers has thus been established in our Common-
wealth. This amendment may require to some limited
extent changes in the law of registration. These should
be in the lines of our established policy, without essential
modifications. While they should seek to protect the
franchise, they should not render its exercise any more
onerous and difficult than is necessary for its security.
As the abuse of the franchise should always be discouraged
and'severely punished, so its exercise should be encouraged
and made as little burdensome as possible, that we may
avoid the evils which a failure to vote by large numbers
of our fellow citizens seems at times to threaten.

At present there is a difference in the qualification of
voters in state and national elections, and in town and
city elections. The tax qualification for the former has

Gotkrxor's Address. 611

been abolished by the recent amendment : it still remains
on the latter by statute law. Of course this difference
should not continue to exist. As the people have, by an
overwhelming majority, abolished the tax qualification so
far as it was directly in their power, and as in the past ■
suffrage has been uniform for all elections, with the single
exception of a limited franchise for women, it is now nec-
essary' that this tax qualification should be abolished also
in town and city elections.

ELECTION AND BALLOT LAWS.

I again recommend the passage of a comprehensive and
stringent law to secure the publication oi election expenses,
and, if practicable, to limit their amount and define their
proper objects ; and I again urge, and now as a matter of
pressing importance, an amendment of the ballot law, so
that a single m.irk may constitute a vote for all the presi-
dential electors of a political party. At present, to give
full effect to a vote for president, the voter must mark
separately the names of fifteen electors. As these electors
are only the constitutional machinery for electing a presi-
dent, wnth a single perfunctory duty to perform, and this
already determined, and as the voter is not supposed to
have any individual preference between them, there seems
to be no sense in requiting the separate marking of each
name. The danger is, that, with the present extent of
partial voting, many voters, through carelessness or mis-
take, will not mark the full list of electors. In a close
election this would almost certainly lead to an uninten-
tional division of the electoral vote of the state.

OTHER RECOMMEND ATIOXS.

The following recommendations, submitted to the last
legislature in ray inaugural, or later messages, and based
ujton reasons therein fully set forth, I submit to your
favorable consideration : —

First. Further legislation, of a stringent and radical
character, to remedy the evils of the lobby and to limit
its influence.

Second. The passage of general laws, upon the lines
already suggested by me, to relieve the legislature and
the public of the burden of constantly increasing special
legislation.

612 Governor's Address.

Third. Extension of the powers of cities and towns
and of local self-government, especially in matters of taxa-
tion, control and sale of franchises, and extending: the
limits of municipal work and of municipal ownership.

Fourth. The passage of a general municipal law for
the incorporation and government of cities, with the limi-
tations heretofore suggested. This subject has been
investigated by a special committee of the last legislature,
who will report to you the results of its investigation.

Fifth. Legislation to prevent raih'oad corporations
from giving free passes to members of the legislature, or
to other officials before whom come matters in which these
corporations are interested.

Sixth. A thorough reform in our system of land trans-
fer and registration, upon the plan of the Australian or
Torrens system, so-called, to bring about greater freedom,
security and cheapness in the transfer of real estate. You
will have, in considering this subject, the benefit of the
investigation made by a special committee of the last
legislature.

Seventh. Further consideration of legislation asked
for in the interest of labor, especially the reduction of the
hours of labor of women and children employed in facto-
ries and workshops ; amendment of the employer's lia-
bility act, to l)roaden its scope and make it more efficient
and beneficent in its results ; and further action for the
proper protection of railroad employees against the dan-
gers to which they are exposed The appalling flict that
in the United States, duiing the year ending June 30,
1890, 369 employees were killed in coupling or uncoup-
ling cars, and 7,841 were injured, makes legislation for
the adoption of safety appliances which will prevent such
accidents imperative. National legislation is necessary as
the only effective remedy. I recommend that, following
the precedent of the legislature of last year, you petition
congress to take action, and that you use every means
possible to hasten a remedy.

I call your attention to the fact that chapter 125 of the
acts of 1891, entitled " An Act to prohibit the imposition
of fines or deductions of wages of emplo^'ees engaged at
weaving," has been declared by the supreme judicial court
to be unconstitutional. I submit for your consideration
whether a proper measure, not open to constitutional
objection, cannot be adopted to accomplish the purpose
sought by this act.

Governor's Address. 613

I congratulate you ujion the success so far attained by
the important and popuhir agitation against the conditions
of labor and of health in tenement houses, especially
against the so-called sweating system, and upon the ear-
nest etforts which have been made by the Commonwealth
and individuals to improve these conditions, to elevate
this labor, to relieve this distress, and to protect the
health and welfare of the public It was my privilege to
call the attention of the legislature last year by special
message to this subject. An act was then passed to regu-
late the use of tenements as workshops, and providing
for the appointment of two additional state inspectors on
the district police force. I am informed by the chief of •

this force that through their ettVnts many of the evils have
been stopped, and the use of tenements as workshops
largely abandoned. JNIuch still remains to be done. I
urge j^ourearnest co-operation in all eiforts in this direc-
tion, which cannot but be a benefit to the Commonwealth.

EigJith. Again I recommend to the favorable consid-
eration of the legislature the adoption of industrial
education and manual training as part of the system of
instruction in our public schools, at least in some com-
munities. This subject is now under thorough investiga-
tion by an able and experienced commission, which will
later report to you. I believe that such instruction is
useful and successful educationally, and of great practical
benefit to the })eople ; that it would increase and lengthen
the attendance at our ])u1)lic schools, and would raise the
maximum age for compulsory attendance, as provided in
chapter 361 of the acts of 1891, and make it proper to
limit still further the employment of children in manu-
facturing and other establishments.

A year ago I called the attention of the legislature to
the great inequality in public education in different places,
and to the marked difference in tlie character and effi-
ciency of their schools, in the amount sf)ent upon them
for each pupil, and in the burden of taxation for such
expenditure ; and I asked your predecessors to consider,
whether the state, having wisely done so much for the
education of her children, as of vital consequence to her
safety and prosperity, could not properly go further and
strive for the equal education of all to a certain standard ;
and whether such equalization could not justly be based
upon the fact that the interest of every locality in public

614 Governor's Address,

education is not and ought not to be limited to the educa-
tion of its own children. Something was done in this
direction by chapter 177 of the acts of 1891, which pro-
vided for a new distribution of the school fund, for the
benefit of the poorer and more heavily taxed towns. I
commend the subject to your careful consideration. With
most gratifying unanimity the people of the Common-
wealth have shown their devotion and loyalty to our pub-
lic schools. Let us in the same spirit earnestly seek to
promote their interests, to maintain them in their full
vigor, and to extend their great field of usefulness. Let
us keep out of them any spirit of intolerance, which can-
• not but work them harm. Above all, let us not seek to
divide our people politically over this great and cherished
institution, when they are and ought to be one in word
and thouofht and act in their devotion to it.

THE WORLD S COLUMBIAN EXPOSITION.

Last year the legislature appropriated $75,000 for a
proper exhibit at the world's Columbian exposition of the
resources, products and general development of the Com-
monwealth, and provided for the appointment of a board
of five managers to have charge of this work. This board
has since been appointed and organized, and has begun
its duties with commendable energy. In its opinion, and
in the opinion of others familiar with the matter, the
appropriation is not sufBcient for such an exhibit as the
Commonwealth ought to make, nor does it compare fav-
orably with the appropriations of other states. I recom-
mend that the appropriation be increased. I believe that
all our people are determined that this exposition shall be
an unqualified success, and are willing to do their full
share to this end. It certainly is most important, more
important than the question of expense, that Massachu-
setts should make such an exhibit of her products and
resources, of her history and institutions, as will give her
there the proud preeminence which she holds throughout
the Union.

RAPID TRANSIT.

The legislature of 1891 created a commission to investi-
gate the important problem of rapid transit for Boston and
vicinity, and to consider the many questions connected

Governor's Address. 615

with this subject. The results of its thorough investiga-
tion will be reported to you., and will demand your most
careful consideration.

Senators and representative-'^ : — We now begin our
respective duties in the government of the Commonwealth.
"While realizing our responsibility, let us rise to our
opportunity. The oath we have taken subordinates all
fealty to party to fidelity to the state, and subjects every
personal and class interest to the pu])lic good. Steadfast
to principle, true to conviction, however variant our opin-
ions, let us in all measures be careful and candid in con-
sideration, tolerant, cautious and conservative in action,
that in all our legislation we may realize the aphorism of
Lord Bacon, that "it be the reformation that draweth on
the change, and not the desire of change that pretendeth
the reformation." A sense of responsibility to the people,
an earnest desire to serve their interests and to merit and
receive their confidence, will bring to the discharge of
our duties the courage, fidelity and unselfish purpose which
make useful, honorable public servants. Let our only
strife be how best to advance the interests of our Com-
monwealth, and to promote the prosperity and happiness
of all her people. As loyally we cling to her, the blessed
mother, and lovingly as her children take up her work,
" with us as with our fathers, may God be;" and may
He enable us to transmit our goodly heritage, enriched by
faithful stewardship.

616 Special Messages.

SPECIAL MESSAGES.

THE FOLLOWIXG SPECIAL COMSIUNICATIONS WERE MADE BY HIS

EXCELLENCY THE GOVERNOR TO THE LEGISLATURE

DURING THE ANNUAL SESSION.

[To the senate and house of representatives, Jan. 11, 1892.]

I have the honor to present herewith, in compliance
with chapter 50 of the resolves of 1860, a report of the
pardons issued by the governor, with the advice of the
executive council, durino; the year of my administration
just closed. The number of prisoners thus released is
thirty, of whom thirteen were in houses of correction,
eight in the state prison, six in the Massachusetts reform-
atory, two in the reformatory prison for women, and one
in the house of industry. Serious sickness was the con-
trolling reason for the release often, seven of whom have
died.

WM. E. RUSSELL.

No. 1. Michael CoNNOPtS. Convicted in the superior
court of Middlesex county, Oct. 27, 1890, of larceny in
a building. Sentenced to house of correction for one
year. Pardoned Jan. 21, 1891, upon the recommendation
of the prison physician. Connors was in the last stages
of quick consumption. He was pardoned that he might
be allowed to die among his friends. His death occurred
February 19.

No. 2. James Ash. Convicted in the central district
court of Worcester, July 19, 1890, of violating license
law and city ordinance. Sentenced to three months in the
house of correction, and to pay a fine of $220 and costs.
Pardoned Feb. 19, 1891, upon the recommendation of the
justice who imposed the sentence, the chn-k of the district
court, police inspector O'Day and the officers of the asso-

Special Messages. G17

ciated charities of AVorcester. The prisoner had served
his term of imprisonment and four months in addition in
defiiult of payment of tines. His family, consisting of a
wife and six children, were entirely destitute, depending
upon the charity of the citizens of Worcester.

No 3. Neil A. Deader. Convicted in the municipal
court, Koxbury district, Nov. 8, 1890, of being a common
drunkard. Sentenced to the Massachusetts reformatory
on an indeterminate sentence. Pardoned Feb. 26, 1891.
Dever's conduct in the reformatory had been perfect. He
was pardoned that' he might be present at the deathbed
of his mother, who was fatally ill with an incurable disease.

No. 4. John Carter. Convicted in the municipal
court. South Boston district, Jan. 31, 1891, of being idle
and disorderly. Sentenced to the Massachusetts reform-
atory on an indeterminate sentence. Pardoned March 12,
1891, upon the recommendation of the prison commis-
sioners. It was shown that he was sentenced under a
misapprehension ; that at no time was he idle and disor-
derly, but a well-disposed and industrious boy. Friends
stood ready to give him immediate employment.

No. 5. Henry F. Ramsdell. Convicted in the supe-
rior court of Suffolk county, October, 1890, of assault to
commit rape. Sentenced to house of correction for one
year. Pardoned April 8, 1891, upon the recommenda-
tion of judge Hutchinson, who tried the case in the lower
court, mayor Bosson, ex-mayor Champlin, and many oth-
ers of the leading citizens of Chelsea. It was shown at
the hearing that Ramsdell up to the time of his arrest had
been a quiet, inoffensive man, and that this was the first
time that he had ever been arrested. The committee were
satisfied that Kamsdell and the woman went to his place
of business by mutual agreement ; the district attorney
was of the opinion that this statement was true, and that
the woman changed her mind after she had obtained all
the whiskey she wanted, and that no crime was committed.

Nos. 6 and 7. Charles Wyman and George Green.
Convicted in the first eastern district court of Middlesex
county, July 29, 1890, of attempting to commit larceny.
Sentenced to the Massachusetts reformatory on an inde-

618 Special Messages.

terminate sentence. Pardoned April 23, 1891, upon the
recommendation of the prison commissioners. The crime
consisted in opening the door of a freight car and attempt-
ing to ride from Lowell to Boston to witness the parade
of the G. A. R. Had all the facts in the case been known
at the time of the trial, the justice would not have sen-
tenced them. The boys did not give their right names,
and the justice was unable to communicate with their
parents. They had never before been arrested The
committee were satisfied that it was simply a boyish freak
to secure a free ride to Boston.

No. 8. Michael Fitzgerald. Sentenced December,

1888, by the superior court of Suffolk county, for rob-
bery, to five years in the state prison. Pardoned May
30, 1891, as he was in an advanced stage of pulmonary
consumption, with no prospect of recovery.

No. 9. Duncan McGilvery. Sentenced October,

1889, by the superior court of Suffolk county, for rob-
bery, to five years in the state prison. Pardoned May 1,
1891. The prisoner was in the last stages of pulmonary
consumption, and likely to die at any moment. He died
soon after his release.

No. 10. Mary E. Mullare. Convicted in the munic-
ipal court, Dorchester district, Sept. 23, 1890, of being
a common drunkard. Sentenced to two years in the
reformatory prison for women. Pardoned May 13, 1891.
The pardon committee were satisfied that the prisoner
had reformed, a,nd w^ould hereafter lead a sober life. She
had two young children who needed her care, and there
seemed to be no question but that the prisoner and her
family would be benefited by her release.

No. 11. John E. Craig. Convicted in the superior
court of Plymouth county, May 14, 1891, of larceny.
Sentenced to two years in the house of correction. Par-
doned June 11, 1891. Craig was suffering from acute
tuberculosis of a very rapid character, and the prison
physician was of the opinion that he could live but a few
weeks. He died in July.

Special Messages. 619

No. 12. Maky a. Doxovax. Convicted in the mu-
nicipal court, Chailcstown district, Feb. 26, 1891, of
being a common drunkard. Sentenced to one year .in the
reformatory prison for women. Pardoned July 1, 1891,
upon the recommendation of the prison commissioners.
^Irs. Donovan was the mother of six children, under
twelve years of age, who needed her care. Her husband,
who caused her arrest, urged that she should be pardoned,
believino; that hereafter she would refrain from the use of
intoxicants.

No. 13. Thomas Lally, alias George Nolan. Sen-
tenced May 21, 1888, by the superior court of Worces-
ter county, for breaking and entering, to nine years in
the state prison. Pardoned July 18, 1891, upon the rec-
ommendation of the warden and prison physician. The
prisoner was in an advanced stage of consumption, Avith
no prospect of recovery. He died in August.

No. 14. George Williams, o/iV/s Wilson. Convicted
in the superior court of Suftblk county, March, 1890, of
breaking and entering. Sentenced to the house of cor-
rection for two years. Pardoned July 23, 1891. This
prisoner had been under treatment in the prison hospital
since Oct. 14, 1890. He was suffering from pulmonary
consumption, and was steadily growing worse. There
was no likelihood that he would recover. He died Octo-
ber 25.

No. 15. Abraham Marzynski. Convicted in the
superior court of Suffolk county, January, 1890, of lar-
ceny. Sentenced to house of correction for two years.
Pardoned Sept. 1, 1891. It appeared that the prisoner's
father died about two weeks before his release, leaving a
large family, who needed the assistance of the prisoner.
As less than two months of the term of the sentence
remained to be served, the ends of justice seemed to have
been substantially met.

No. 16. John McDonald. Convicted in the superior
court of Berkshire county, Jan. 30, 1891, of indecent
assault. Sentenced to the house of correction for one
year. Pardoned Sept. 8, 1891, upon the recommenda-
tion of the sheriff, probation officer, and many of the
prominent citizens of Pittsfield, on the ground that there

620 Special Messages.

were grave doubts as to the guilt of the prisoner. The
prisoner had always borne a good reputation, and had
been a sober, industrious and law-abiding citizen, and
never before had been convicted of any offence. He had
l)een a trusted employee of the Pontoosuc AVoollen Com-
pany for the past twenty years as night watchman, and
his employers, who believed him innocent, were ready to
give him steady employment when released.

No. 17. M. L. Woodward. Convicted in the Charles-
town district court, June 30, 1891, of conveying mort-
gaged property and violating the milk statute. Sentenced
to pay a fine of $275. Pardoned Sept. 8, 1891. It
appeared that Woodward's crime consisted in exchanging
a mortgaged horse lor another, and in selling adulterated
milk. In the matter of the mortgage it appeared that the
prisoner had turned over to the mortgagees the horse then
in his possession, and there seemed to be no attempt on
his part to defraud his creditors. His wife was in a deli-
cate condition, and without means of support. As the
prisoner was utterly unable to pay his fine, a pardon was
granted for the above reasons.

No 18 William Choinier, alias Sw^eeney. Con-
victed in the superior court of Franklin county, Nov. 13,
1890, of fighting. Sentenced to fifteen months in the
house of correction. Pardoned Sept. 23, 1891, upon
the recommendation of the district attorney, on the
ground " that he had been sufficiently punished, and the
public good would not suffer by his release."

No. 19. Henry L. Dudley. Convicted in the supe-
rior court of Worcester county, June 2, 1891, of violating
license law. Sentenced to house of correction for six
months, and to pay a fine of $100 and costs. Pardoned
Sept. 25, 1891, upon the recommendation of the select-
men and many of the best citizens of Douglas, who
believed that Dudley would hereafter lead an upright life
and become a good citizen. The fine had been paid, and
only a little more than two months of the sentence
remained.

No. 20. Eldridge Wixon. Convicted in the first
district court of Barnstable county. May 20, 1891, of

Special Messages. 621

cruelt}' to an animal. Sentenced to the house of correc-
tion for six months. Pardoned Sept. 30, 1891. The
prisoner was in the last stages of consumption, and needed
the care and attention which could not be given him while
in confinement.

No. 21. John W. Johnson. Convicted of felonious
assault, superior court, Essex county. May 21, 1889.
Sentenced to state prison for seven years. Pardoned
Oct. 7, 1891. Since the prisoner's trial facts have come
to light seriously affecting the credibility of the witness
upon whose testimony Johnson was convicted, conse-
quently there were grave doubts regarding his guilt. He
was a brave soldier during the war, rising to the rank of
captain, and had always borne a good reputation. The
pardon was recommended by the selectmen, town clerk,
treasurer, police officials and many other leading citizens
of Methuen, where the crime was claimed to have been
committed.

No. 22. Thomas J. Shea. Convicted of stubborn-
ness, municipal court, Charlestown, June 13, 1891.
Sentenced to the Massachusetts reformatory on an inde-
terminate sentence. Pardoned Nov. 4, 1891, upon the
recommendation of the commissioners of prisons. The
boy was complained of by his father, who is now satisfied
that he was too hasty in the matter. The boy would not
work, and the father took this means to punish him. The
committee were convinced that the punishment he had
already undergone was ample for the ofl^ence committed.

No. 23. Thomas H. McMullen. Convicted of mur-
der, second degree, supreme judicial court, Bristol
county, April 26, 1882. Sentenced to state prison for
life. Pardoned Nov. 26, 1891, as an act of executive
clemency for thanksgiving day. The pardon was recom-
mended by hon. John S. Bray ton, judge Braley and
many of the leading citizens of Fall River, where the
crime was committed. It was the universal wish of that
community that he should be pardoned, as it was their
belief that the crime was not premeditated. McMullen
found his wife in her bedroom with a man whom he had
driven from his house in the morninof. He again drove
the man from the house. Before he had time even to

022 Special Messages.

reproach his wife, she struck him with a broomstick.
From the effects of the struggle that followed she died.
His conduct while in prison has been excellent.

No. 24. Charles A. Briggs. Convicted of mur-
der, second degree, supreme judicial court, Hampshire
county, Dec. 6, 1881. Sentenced to state prison for
life. Pardoned Nov. 26, 1891, as an act of executive
clemency for thanksgiving day. Briggs had never vio-
lated a single rule of the prison. His deportment had
been perfect during the ten years of his imprisonment.
There was every reason to believe that he would become
a good citizen and a worthy member of society. The par-
don was recommended by warden Lovering and ex-war-
dens Usher and Russell.

No. 25. William T. Taylor. Convicted of larceny,
third district court, Bristol county, Jul}^ 3, 1891.
Sentenced to nine months in house of correction. Par-
doned Dec. 2, 1891, on the recommendation of the justice
who imposed the sentence, the probation officer and the
county commissioners. Taylor had never before been
arrested, and his former employers were anxious to give
him immediate employment.

No. 26. William J. Kelley. Convicted of break-
ing and entering, superior court, Suffolk county, Feb-
ruary term, 1891. Sentenced to eighteen months in
house of correction. Pardoned Dec. 2, 1891. Kelley
had served more than half his sentence. Considering the
age of the prisoner (sixteen years), the pardon committee
believed that a pardon would tend to encourage him to
lead an upright life. The district attorney concurred in
the recommendation.

No. 27. James Leonard. Convicted of abortion,
superior court, Bristol county, Dec. 1, 1890. Sentenced
to state prison for three years, and to pay a fine of five
hundred dollars. Pardoned Dec. 16, 1891. Leonard
had been in the prison hospital nearly a year, sufi'ering
from asthma and bronchitis, and was in a debilitated and
dangerous condition ; and, in the opinion of the prison
ph^'sician, if compelled to remain in prison, his death
would ensue in a very short time. He died Jan. 9, 1892.

Special Messages. G23

No. 28. Frank Doyle. Convicted of being a vagrant,
first district court, eastern Middlesex, July 28, 1891.
Sentenced to the Massachusetts reformatory on an inde-
terminate sentence. Pardoned Dec. 16, 18*J1. The par-
don committee were satisfied that the prisoner was not a
vagrant, and that, if all the facts had been known to the
justice at the time of his trial, he would have received a
much lighter sentence.

No. 29. John J. Croavley. Convicted of assault,
superior court, Suffolk county, June term, 1890. Sen-
tenced to the house of correction for two years. Par-
doned Dec. 17, 1891. Crowley was sud'ering from
pulmonary consumption, which was gradually progressing.
The district attorney recommended that he be released,
that he might die at home.

No. 30. Frank SiMIth, alias Mullen. Convicted of
attempting to break and enter, superior court, Suffolk
county, December term, 1890. Sentenced to state prison
for five years. Pardoned Jan. 6, 1892. The prisoner
had been ill for several months with chronic inflammation
of the throat, of a tuberculous nature, with no hope of
recovery.

[To the honorable senate and house of representatives, Jan. 11, 1892]

I transmit to you herewith for your information and
use, the accompanying documents, viz. : —

Seventh annual report of the board of police for the
city of Boston.

Third annual report of the state house construction com-
missioners.

First report of the rapid transit commission.

[To the honorable senate and house of representatives, Jan. 18, 1892.]

I have the honor to transmit to you herewith a request
of the United States fish commission for "the enactment
of a law placing the waters of Squam pond (a great pond
within the limits of this Commonwealth), under the con-
trol of the United States fish commission " for the purpose
stated in its letter of Jan. 6, 1892, herewith submitted
with enclosures.

This request I have already referred to the commission-
ers of inland fisheries and game of this Commonwealth.

624 Special Messages.

Their opinion in writing, dated Jan. 11, 1892, in favor of
granting the privilege asked, is herewith submitted to you.

[To the honorable senate and house of representatives, Jan. 21, 1892.]

I transmit to you herewith, for your information and
use, the report for 1891 of the topographical survey com-
mission.

[To the honorable senate and house of representatives, Jan. 26, 1892 ]
It is my painful duty to announce to the legislature the
death of hon. Charles F. Loring of Melrose, a member
elect of the executive council from the sixth district, at
his home, after a long and painful illness, on the morning
of January 2Q.

In his death the Commonwealth loses a faithful citizen
who was greatly respected and loved, and who I am con-
fident would have rendered her most useful and honorable
service in the high office to which he had been chosen.

[To the honorable senate and house of representatives, Feb. 1, 1892.]

I herewith submit for your consideration a report made
to me by an able committee of experts of the Ma-sachu-
setts Medical Society, submitting in detail the reasons
which, in their judgment, make it necessary for the Com-
monwealth to provide for the establishment of an institu-
tion for epileptics, — such institution to be in the form of
cottage hospitals. This committee has been given full
power to act in this matter for said society, and their
recommendation, I believe, meets its approval.

I have referred it to the state board of lunacy and
charity, with a request for their opinion upon it. I
herewith submit their opinion in writing indorsing the
recommendation.

In my judgment, the facts and reasons stated in this
communication entitle the recommendation to your early
and favorable action. I specially commend the suggestion
that the institution, if established, should be in the form
of cottage hospitals.

[To the honorable senate and house of representatives, Feb. 8, 1892 ]

I inclose herewith for your consideration, a communi-
cation just received from representatives in congress of
Massachusetts, calling my attention to a bill which has
been introduced in the house of representatives " To regu-
late the fisheries and for other purposes." A copy of the

Special Messages. 625

bill is llCl•e^Yith also submitted. The purpose and effect
of the bill I am informed and believe is to nullify the laws
of Massachusetts now in force for the protection of our
Hsheries, and to reverse what has become the established
policy of this Commonwealth on this subject.

The bill has been referred to the committee on merchant
marine and fisheries of the United States house of repre-
sentatives, and a hearing has been fixed by that committee
for February 17. In my judgment, the matter is of such
importance to this Commonwealth and so seriously affects
one of her great industries that it demands your immedi-
ate consideration and action.

[To tbe honorable senate and house of representatives, March 18, 1892.]
I transmit herewith, for your information and action, a
special report made by the commissioners of prisons con-
cerning the disposal of sewage from the reformatory prison
for women at Sherborn and the expense of maintaining
and operating a system of sewage disposal as authorized
by chapter 211 of the acts of 1890, with their request for
an appropriation to cover the same.

[To the honorable senate and house of representatives, April 1, 1892.]

1 transmit herewith for your consideration and action,
a letter from the governor of New Jersey requesting this
Commonwealth to take part in the erection of a national
monumental Trenton, N. J., commemorative of the battle
fought there during the revolution. A large proportion of
the troops in said battle were soldiers of Massachusetts.
Amongst them was a regiment from Marblehead, under
the command of colonel John Glover, which particularly
distinguished itself in that battle, and in the crossing of
the Delaware on the night before the battle.

It is suggested and requested that this Commonwealth
make an appropriation to erect for said monument a bronze
statue of a soldier of colonel Glover's regiment to com-
memorate the distinguished services so rendered by the
soldiers of Massachusetts.

I also enclose a draft of a resolution submitted to me
by a committee of the Trenton Battle Monument Associa-
tion, which resolution slates in detail the regiments and
officers from Massachusetts in said battle ; and a letter
from a member of said committee.

I commend this request from the state of New Jersey
to your favorable consideration.

626 Special Messages.

[To the honorable senate and house of representatives, April 5, 1892.]
I have the honor to transmit to you herewith for your
information and action, the report of " A commission to
promote rapid transit for the city of Boston and its
suburbs" authorized by chap. 365 of the acts of 1891,
together with a letter to me from the chairman of said
commission in reference to the report.

[To the honorable house of representatives, April 19, 1892.]

I return to you herewith with my objections the bill
entitled " An act to establish the salary of the justice of
the police court of Williamstown," which originated in
your body.

The legislature has recently created a joint special com-
mittee to sit during the recess of the leErislature, and to
consider whether the salaries of justices and clerks of the
police, municipal and district courts of the Common-
wealth should be raised, reduced or equalized.

I am informed that there are now pending before the
legislature or its committees, numerous ap[)lications for
an increase of salary of various justices and clerks of these
courts. In my judgment, these applications should not
now be acted upon, pending an examination of the whole
question of salaries in said courts by said committee.

The salary paid in any court must depend to some
extent upon the salaries paid in other like courts, and an
increase of any one salary may affect the salaries to be
paid generally for like service. Under the circumstances
the salary of any single judge or clerk I believe should be
considered broadly with reference to the salaries in all of
said courts, as proposed by the legislature in its appoint-
ment of this special committee ; and should not be the sub-
ject of a special act at the request of the party interested
or others in his behalf.

I regret to differ in opinion with the legislature on this
matter which is not in itself of great importance ; but,
with other like applications pending, I believe it impor-
tant and just that all should be considered in the manner
I have suggested, which accords with the prior action of
the legislature.

[To the honorable senate and house of representatives, April 19, 1892.]

I transmit to you herewith, a communication this day
received from the board of prison commissioners request-

SrEciAL Messages. G27

ing an appropriation of $5,000 for repairing the work-
shops at the state prison that were damaged by tire
yesterday, April 18. As the appropriation is necessary
and urgent, 1 trust this request may receive your early
and favorable action.

[To the honorable house of representatives, April 20, 1892.]

I return herewith with my objections a bill entitled
'• An act to establish the salary of the justice of the fourth
district court of eastern Middlesex," which originated in
your body.

This bill is open to the same objections which compelled
me to return without my approval to your honorable body
" An act to establish the salary of the justice of the
police court of Williamstown." The legislature having
appointed a special committee to consider during the
recess salaries to be paid in all the lower courts of the
Commonwealth, it seems to me neither necessary nor
proper, pending an examination of the whole question by
said committee, to increase individual salaries in said
courts by special acts.

[To tbe honorable senate and house of representatives, April 28, 1892.]

I submit herewith a communication received today from
the Massachusetts commission of the world's Columbian
exposition in reference to the ceremonies to be held in
Chicago on Oct. 12, 13 and 14, 1892, in connection with
opening said exposition.

It seems to be necessary for you to determine in what
way our Commonwealth shall be represented at said cere-
monies, and to provide the necessary means therefor.

[To the honorable house of representatives, May 9, 1892.]

I herewith return with my objections a bill entitled
"An act to authorize the Connecticut River Railroad
Company to increase its capital stock," which originated
in your body.

The bill authorizes an increase of $2,420,000 of said
stock, making the total authorized capital $5,000,000, or
about double its present amount. In the absence of any
restriction in the bill, this additional stock may and no
doubt will be divided at its par value of $100 among the
stockholders of said company in proportion to their hold-
ings. The present market value of the stock of this com-

623 Special Messages.

pan}^ as fixed by recent sales, is about $235 a share. So
that in effect this bill authorizes the distriluition to its
stockholders of new stock, nearly equal in amount to the
present stock, at less than one halt' its present market
value. The difference between its par and market value
will be clear profit to each stockholder, and represents the
proportion of new stock not necessary for the purposes
of the company, and for which the company itself gets no
benefit or return. Less than one half of this proposed
increase of stock, if sold at this market value, w^ould
yield to the company as much money as the whole
increase so distributed to the stockholders. The bill,
while in form an authorized increase of capital for the pur-
poses of the company, practically gives the authority and
sanction of the Commonwealth to the creation of more
than double the amount of new capital, estimated at its
market value, required for such purposes, and indirectly
to the division of the balance among the stockholders as
an enormous dividend.

Speaking in round numbers, the two and one half mil-
lions of dollars of proposed new stock at present market
value is worth over five and one half millions of dollars.
Of this last amount two and one half millions of dollars
will go into the treasury of the company, and more than
three millions of dollars into the pockets of the stock-
holders. To enable them to obtain this bonus, nearlj'one
and one half millions of dollars of unnecessary stock is
added to the capital, the dividend upon which at ten per
cent, places an unnecessary burden of $150,000 each year
upon the l)usiness of the railroad, that is, upon the public.
Every pound of freight and every passenger carried by this
company will contribute to meet this burden. Meanwhile
this unnecessary increase of capital adds nothing to the
resources of the railroad, to the facilities for its use, or to
the compensation of those who make such use practicable.

So far as this bill provides for any necessary increase of
the capital stock of this company, I see no objection to it.
But if in the mode of the increase and its distribution it
creates an unnecessary amount of stock for the sole benefit
of its stockholders, but which is to be a perpetual and
needless burden upon the public, then I believe it to be
my duty, before giving my approval to such a measure,
carefully to consider whether the public cannot properly
and justly interfere to prevent such burden. In the trust

Special Messages. 629

relation in which this company, under the uniform deci-
sions of all our courts and legislatures, stands to the
public, I believe such interference is proper, and that a
sound i)ublic policy requires its exercise. At least it
requires that the Commonwealth shall not actively co-
operate in placing the burden upon the public, by grant
of the necessary authority.

I recognize and appreciate all the rights of capital and
property in our great lines of transportation, and would
guard them with most conservative and scrupulous care ;
and remembering the great public convenience which they
serve, would grant them every just demand. But the
rights of the public should be guarded as zealously, and
asserted as against a personal wish or benefit of the
individual.

Our supreme judicial court has clearly defined the trust
relation of a railway company to the public. It has de-
clared that " the establishment of such a great thorough-
fare is regarded as a public work, established by public
authority, intended for the public use and benefit, the use
of which is secured to the whole community, and consti-
tutes, therefore, like a canal, turnpike or highway, a pub-
lic easement.

"The only principle on which the legisLiture could
have authorized the taking of private property for its con-
struction, without the owner's consent, is that it was for
the public use. ... It is true that the real and per-
sonal property necessary to the esta])lishment and manage-
ment of the railroad is vested in the corporation ; but it
is in trust for the public.

" The company have not the general power of disposal,
incident to the absolute right of property ; they are
obliged to use it in a pai ticular manner and for the accom-
plishment of a well-defined public object ; they are re-
quired to render frequent accounts of their management
of this property to the agents of the public ; and they are
bound ultimately to surrender it to the public jit a price
and upon terms established." (AYorcester r.s. Western
R.R. Co., 4 Met. 5(iH.)

These principles have been repeatedly and uniformly
recognized and affirmed by all courts, national and state,
and by legislation everywhere in our country. They are
fundamental law.

This company has a valuable property in its railroad for

630 Special Messages.

which it is entitled to all just protection and considera-
tion. But it is a property to which, in its origin, a pub-
lic trust is attached. To sustain this trust the property
itself was created, and in indissoluble connection with this
trust in all legislation it must ever be considered. It can-
not divest its property from the trust, nor ought it do
anything which can impair the value of the trust or hazard
its rights and objects. The company cannot sell, lease or
otherwise dispose oi this property, detlect it from its pur-
pose, or abandon its use. Because of this public trust
the property is exempt from certain taxation and is given
by law extiaordiiiary powers and privileges, while it is
properly allowed for services rendered fair and liberal
compensation. The company holding this property thus
in trust, while most carefully protected in their every
property and personal right and interest, must be rigidly
held fiiithfully and fully to administer the great trust
imposed upon them. As with other trustees they cannot
be allowed in any way to depreciate or impair or unneces-
sarily to burden their trust, nor, in disregard of its obliga-
tions and duties, to look exclusively, in its administration,
to their own benefit and profit. Where the beneficiaries
of the trust are the public, who constantly depend upon
legislative action for the protection of their rights and the
redress of any grievances, it is especially incumbent upon
us to see that such action is not detrimental to their
interests.

The public trust imposed upon a railroad corporation
distinguishes it widely from private business or manufact-
uring companies, wdiich have no such legal obligation, but
are established for the holding, use and control of private
property for only personal ends and profit.

The Commonwealth has reserved the right not only to
amend or repeal all railroad charters, but also to purchase
the property itself, and to fix their rate of compensation
with certain limitations. It provides that upon purchase
it shall pay the amount of capital stock paid in with a net
profit thereon of ten per cent, a year. This seems by law
and custom to have been regarded a fiiir maximum profit
for the supply, management and risk of the capital neces-
sary for these quasi public corporations. The legislature
has rarely had occasion or disposition to use the great
power thus reserved to it, and the railroad companies
have considered it prudent and just to keep within this

Special Messages. G31

limit. This is a stronger reason why the legislature
should not sanction a measure which indirectly carries the
proHt much above this limit.

I know and appreciate the argument that an increase in
the value of the stock of a railroad company, caused by
its prudent management and extension of business, belongs
to the compan3^ But requiring the disposition, at its
market value, of any new stock created does not contiict
with this right. It gives to the company the whole bene-
tit of such increase. It prevents the issue of stock more
in amount than is necessary to raise the sum needed.

It saves to the individual stockholder any depreciation
of his stock likely to follow from such unnecessary addi-
tion to the capital, and to the beneficiary public the bur-
densome charge of paying a dividend upon it. A needless
burden is always an unjust burden, and is the more felt
and resented, when the occasion, out of which it has arisen,
has been created by the activity, progress and business
of those upon whom it falls. The commercial activity
and increased travel of a community give a large business
to a railroad. This requires of it permanent additions to
and improvements of its property, and so an increase of
its capital. This increase ought not to be so made as to
be itself an enormous dividend to its stockholders, and an
unnecessary burden upon the contributing community.

To a people largely dependent upon the railroads and
cheap transportation, not only for their convenience and
happiness, but also for their commercial prosperity, such
burden comes with greater weight. Against it have lieen
uttered their protests, emphasized by the formal action of
the leading; commercial bodies of New England.

For these reasons I believe the interests alike of the
public, the railroad company and, in the long run, of its
stockholders, require that, w^hen the authority of the
Commonwealth is asked and given for an increase of the
stock of the company, some provision should be made for
the disposition of said stock at its market value, where
such market value is largely in excess of its par value.
If there is objection to its sale by auction, the option
might well be given to the stockholders to take it at a
fair value to be determined by the board of railroad com-
missioners.

While the Commonwealth has not made such provision
by general law applicable to all railroad corporations, it

632 Special Messages.

has already established a precedent for such a policy in
the future. In giving authority last year (chap. 207,
acts of 1891) to the Boston and Lowell Railroad Corpo-
ration to increase its capital stock, it expressly required
that the new stock should be sold at public auction.
What was sound public policy then when applied to that
railroad vseems to me sound public policy now as applied
to this railroad. Other great railroad corporations, such
as the Old Colony and the West End, have without com-
pulsion of law sold their new stock at auction, and every
gas company chartered in this Commonwealth is required
b}'^ law to do so.

In the light of this practice and these precedents I can
see neither injustice nor hardship in requiring that the in-
crease of capital authorized by this bill shall be upon a
similar condition. On the contrary, I believe that both
the public interest and a just public sentiment demand
that it be done.

I therefore return this bill for your further considera-
tion, with the suggestion that, if the views herein ex-
pressed meet with your approval, a bill in conformity with
them, granting to this company authority to increase its
stock, be passed.

[To the honorable senate and house of representatives, May 16, 1892.]

I have the honor to transmit to you herewith for your
information and action a supplementary report of the
" Commission to promote rapid transit for the city of
Boston and its suburbs" authorized by chapter 365 of the
acts of 1891.

[To the honorable senate and house of representatives, May 19, 1892.]

I transmit herewith for your consideration a communi-
cation received from his excellency the governor of Ver-
mont, requesting legislation to authorize the transportation
of Vermont prisoners through this Commonwealth.

I have referred his communication with the papers
accompanying it to the attorney-general, a copy of whose
opinion is herewith transmitted,

[To the honorable senate and house of representatives, May 31, 1892.]

I submit herewith for 3'our consideration a memorial
addressed to me signed by prominent representatives of
various relijiious denominations and of colleges within the

Special Messages. 633

Commonwealth, wliich memorial requests a change of the
day now observed as Fast day, and suggests in its place
estal)lishing a new holiday in the spring, and leaving the
sacred and devotional purposes of Fast day " to be accom-
plished by the observance of Good Friday as a church
religious fast day, independent of all state control or
authority. "

As this ]iroposition has been much considered by many
of our citizens deeply interested in it, and who represent
the strong religious sentiment of our people, and as it
requires your action, I gladly submit it to you, confident
that you will give it the careful attention which its impor-
tance demands.

[To the honorable house of representatives, June 1, 1892.]

I return herewith with my objections a bill entitled
" An act to permit the taking and sale of trout artilicially
raised in this Commonwealth between the fifteenth day of
Januaiy and the first day of April in each year," which
originated in your body.

This bill, introduced upon the petition of individuals
largely interested in the artificial propagation and main-
tenance of trout, permits the sale of such trout at a season
when the sale of other trout is forbidden by law.

The Commonwealth, by many and careful regulations
and restrictions, has vigorously undertaken the preserva-
tion of her useful fish. In furtherance of this well-
established and wise policy, she has created important
and expensive offices ; made large appropriations of
money ; imposed restrictions and obligations upon private
ownership of land and water used or useful for fisheries ;
carefully limited the time, manner and place of fishing ;
and, as a regulation the most stringent and efficient short
of entire prohibition, forbidden the purchase, sale or
possession of many fish out of the lawful season.

All of this state supervision and interference with per-
sonal liberty and private property have been only upon
the conceded fact of the common interest of all the people
in the preservation of useful fish in the Commonwealth,
and the necessity of united and so of state action to this
end. Such action, year by year increasing, has been with
the approval and upon the demand of the people. Among
the fish most needing and constantly receiving such legal
protection have been trout. For their preservation and

634 Special Messages.

increase not only has the Commonwealth greatly restricted
their catch, but she has also established hatchways, appro-
priated money for the propagation and distribution of
trout, and encouraged individual assistance by granting
rights of flowage and other privileges.

The sole object of this policy has been to make a valua-
ble food and game fish, now scarce and dear, again plenty
and cheap.

The catching of trout, if unrestricted either as to time
or manner of fishing, would soon exterminate them. Such
restrictions already established are necessarily difficult of
enforcement, and, in my judgment, would become impossi-
ble of enforcement and practically useless if it is made for
one's pecuniary interest to violate them by opening to him
a valuable market out of season. This bill, I believe, will
work just this evil. It permits the sale of a trout which
differs from other trout only in being artificially fed. It
opens a market for such sale to a special interest, while it
is closed to all others. The restrictions of the bill,
intended to prevent the sale of other trout, can be easily
evaded, and 1 believe would be practically useless. Once
permit the possession, sale and purchase of artificially
raised trout during the close season, and all trout may
soon be made to meet the required condition or to escape
detection if they do not. The most potent influence for
the preservation and increase of this fish, namelj', the pro-
hibition of a market, will then be lost.

If this bill becomes a law, I do not see how its principle
can fail to be extended whenever any other individual,
having a special pecuniary interest in the artificial raising
of other fish or game, demands for the protection and
development of his industry special privileges at the public
expense and obnoxious to the public interests.

I am not ready to give my approval to legislation of
this character, nor to aid in establishing an artificial trout
industry by special favors from government to the injury
of the public, because at the expense of the wise and well-
established policy of this Commonwealth, which seeks to
preserve her fish and game for the benefit of all her people.

The industry already existing was established with full
knowledge of this policy, and has prospered without the
aid of special legislation in its interest. I object to this
bill, therefore, —

Fii'stf because it permits an act which I believe will

Special Messages. 635

remove the most efficient restraint upon the illegal catch-
ing of trout, and uill lead to their extermination.

Second, because it establishes a precedent which, if
foIlo\A-ed, will go far to destroy the usefulness of the tish
and game laws of the Commonwealth.

Third, because in effect, if not in form, it is legislation
for a si)ecial interest against the public interest and to the
public injury.

[To the honorable senate, June 7, 1892.]

T herewith return with my objections a bill entitled " An
act to authorize the city of AVoburn to appoint a super-
intendent of public buildings," which originated in your
body.

The strenuous opposition to this bill from many citizens
of "Woburn has led me to examine it with much care.
I find that under the general provisions of her existing
charter the city at present has authority to create this
office, and I am informed that this fact was admitted at
the hearing before the committee of the legislature.
Under such general provisions the city has already by
ordinance created the ofBce of city engineer and the
" department of city engineering," and other offices not
specifically mentioned in her charter.

If there is need for this new office, which is strenuously
disputed, I can see no occasion for creating it by special
statute rather than by city ordinance, — unless it is in-
tended to make unusual provisions in regard to it, which
provisions will lie beyond the control of the city.

I find in the bill provisions which I believe to be un-
usual, and which I am convinced are not conducive to
proper executive responsibility or to a sound system of
municipal government.

It provides that the head of this executive department,
appointed by the mayor, must be confirmed and can be
removed only by the concurrent action of the board of
aldermen and common council, and then for cause assigned
after due hearing. Executive responsibility is thus
divided between the mayor and both branches of the city
council.

The chief executive officer of the city, required by its
charter "to keep a general supervision over the conduct
of all subordinate officers," has no executive power what-
ever over this department except by the concurrent action

636 Special Messages.

of her two legislative bodies. An incompetent or unfaith-
ful head of this department cannot be removed until he
has been indicted by the mayor, tried before the city
council, and found guilty by both of its branches.

Such a system seems to me at variance with a proper
idea of executive responsibility, and with the modern
tendency to increase rather than to diminish it. I know
of no other instance where a head of a department, ap-
pointed by the mayor of a city, is put entirely beyond his
control except with the concurrent action of both the board
of aldermen and common council.

The chief executive of either a city or a state, in my
judgment, should be compelled to take full executive
responsibility, — and to this end power should be given
him over the executive departments, that they through
him may be responsible to the people, and that he may be
held to answer to the people for executive action in all
departments. At least, such responsibility should not be
scattered and lost, as provided in this bill.

This ol)jection is emphasized by the fact that the bill
also provides that "said superintendent shall hold office
for such time of service as the city council of such city
may upon the acceptance of this act prescribe." It may,
therefore, provide a long or indefinite term, and so pre-
vent the control by the people over a head of department,
which comes from frequent appointment or election.

If the purpose were to create an executive department
without responsibility and for an indefinite term, under
this bill it may be accomplished.

I have so often declared m}^ belief in a diSerent system,
and in so concentrating executive responsibility that
there may be always some one answerable to the people
for executive action, and that they may retain their power
directly or indirectly over their servants, that I cannot
assent to a bill which takes a long and unusual step in the
opposite direction.

[To the honorable senate and house of representatives, June 7, 1892]

I submit herewith for your consideration a communi-
cation received from the board of cattle commissioners,
wdiich calls attention to the need of amending chapter
195 of the acts of this year.

This communication has been referred to the attorney-
general, and I herewith enclose a copy of his opinion,

Special Messages. 6^7

lecnmraondino: that said act be amended. The act, which
is intended to prevent the spread of tuberculosis, provides
tor the appointment "in the month of April" of certain
inspectors of provisions and of animals, by cities and
towns.

As the act was not approved until April 22, I find that
notice was not received by the cities and towns in season
to make said appointments within the time provided by
law.

As the board of cattle commissioners believe it impor-
tant that these officers should be appointed as soon as
jtossible, in which opinion I concur, and as it is very
doubtful if they can be legally appointed except in the
month of April, I submit the matter to your consideration,
with the suggestion that the act be amended so as to pro-
vide for their appointment at a later date.

[To the honorable senate, June 16, 1892.]

I return herewith with my objections a bill entitled
"An act to establish Fire District Number One in the
town of Webster."

Said bill makes of a portion of the town of Webster a
separate district for the purpose of supplying it with water
for the extinguishment of fires and for domestic and other
purposes. While the establishment of such districts is
not unusual in this Commonwealth, in this instance the
town of Webster, by vote of nearly three to one in a very
full town meeting called to consider this question, has
voted against the incorporation of this fire district, and
l)y said vote has instructed its selectmen to oppose the
passage of this law. The town itself has also petitioned
for leave to furnish a water supply to its inhabitants, and
that petition has been referred to the next legislature.

The territory established by this bill as a fire district
is at present, through the enterprise of an individual,
supplied with water for fire, domestic and other purposes.
There is, therefore, no immediate haste, for any purpose
of protection, that this bill should be passed. On the
other hand it seems to me objectionable to thrust upon
the town against its earnest and overwhelming protest, a
measure which concerns so closely the interest and wel-
fare of its inhabitants, and upon which, therefore, their
opinion should have great weight. I thoroughly believe
that, as far as possible, every local community should be

638 Special Messages.

left to govern itself and to determine for itself ques-
tions of administration and public policy which affect its
interests.

I am informed that there has been a ]ar2;e investment
made by an individual in supplying with water the dis-
trict covered by this bill, and that the bill is earnestly
desired by him for the protection of that investment.
But I cannot doubt that under any legislation, giving
authority to the town of Webster to furnish a water sup-
ply, proper provision ought to be and would be made for
the payment of full damages, if this interest were taken,
or for its ample protection if not taken.

On the other hand I am informed that the passage of
this bill will make it impossible for the town of Webster,
outside of this tire district, to establish a water supply.

[To the honorable house of representatives, June 16, 1892.]

I return herewith with my objections a bill entitled
"An act to promote temperance by the suppression of
the liquor saloon and tippling shop," which originated in
your body.

If I believed that this bill would promote the cause of
temperance I would gladly give it my approval. But I
do not believe it will have or is expected to have that
result, but, on the contrary, that it will lead to evasion
and to the unequal and imperfect application and enforce-
ment of law, as was recently and fully illustrated in refer-
ence to the public bar law.

This bill in substance merely prohibits the keeping or
sale of liquor in any room, building or place where the
sale of liquor is the exclusive or principal Imsiness carried
on. It, therefore, requires only that every licensee should
provide himself with some other business in addition to
the sale of liquors, such, for example, as the sale of food
or of newspapers, providing billiards or some other amuse-
ment as a business, or the exhibition of pictures or deliv-
ery of lectures, etc., to which he may claim to make the
sale of liquors subordinate, and then leave it to a jury to
determine this f:\ct. It is perfectly clear to me that this
is only encouraging a repetition of an experience in this
Commonwealth which proved to be so much of a farce
and scandal as to lead the legislature last year to repeal
the cause of it. It was found then that the provision in
reference to a public bar was enforced in only one or two

Special Messages. 639

places, that it had not advanced the cause of temperance,
that it was not sustained by public sentiment, and that,
by constant evasions and non-enforcement, it was an
injury to the cause of law and order, and so the provision
was repealed.

Under this bill the seller of liquor can go through the
farce of establishing a "principal business," and again
we shall have an experience with unequal and imperfect
attempts at enforcement of law.

1 believe it is an unwise policy to enact legislation
which, it is almost certain, will open the way to make a
farce of law b}^ non-enforcement, when law ought to be
thoroughly enforced with the full support and approba-
tion of the community.

I will gladly give my sanction and aid to every proper
measure which will advance the cause of temperance, and
to the full extent of my power will have the laws of this
Commonwealth thoroughly enforced. Wherever in the
past such enforcement has fallen within my official duty,
1 have sought to make it effective. But 1 do most ear-
nestly urge on the consideration of the legislature the
mischief of making provisions of law which, in the light
of experience, it is believed will lead only to evasions,
non-enforcement and a farce.

Under the wise and well established policy of this Com-
monwealth, each locality has full power to determine for
itself the question of the sale of liquor within its limits,
and, if it desires, can absolutely prohibit such sale.

The annual discussion and decision of this question in
our local communities have preserved fully their local
rights, and have also been an educational influence of
great importance in advancing the cause of temperance.
Kven if a community votes for license, the local author-
ities have now absolute power to determine how many
licenses, if any, shall be granted, and to what persons
and what places and for what purpose.

Ever^^thing sought to be accomplished by this bill can
now be accomplished by the local authorities of any com-
munity. They can limit the grant of any license, if they
wish, to apothecaries, hotel keepers or grocers, or any
other class within their discretion. They cannot now
grant a license for sale of liquor to be drunk on the prem-
ises except to a common victualler, that is, to one who
conducts also the business of furnishing food. If this

610 Special Messages.

provision, now existing in law, can be and is enforced, it
covers the case sought to be reached by this bill ; if it is
not enforced, and cannot be, it is not more law, but more
enforcement of law which is needed.

In view of the full powers now given to local com-
munities to establish prohibition or to restrict the persons
or places to be licensed, or the purpose for which a license
shall be used, and of the many restrictions and limitations
now existing, I do not believe this proposed law is wise
or necessary.

If this measure is directed especially to the city of Bos-
ton, it should be remembered that for every liquor saloon
or tippling shop which now exists there, the responsibility
rests directly upon the board of police, created by the
state, and that there is now and has been in their hands
full power to pi'ohibit the existence of any and every such
saloon or shop.

The conditions and sentiment of different communities
vary greatly upon the question of the sale of liquor. It
seems to me wiser to allow for such differences of condi-
tion, opinion and sentiment, by giving discretion upon
this question to each community and its properly consti-
tuted authorities, than to disregard such differences by
general provisions of law. So the law enacted by each
community will have behind it the power and public senti-
ment of that community, and will be, as it ought to be
and must be, thoroughly enforced. It is such a policy
which has received the repeated approval and endorse-
ment of the people of this Commonwealth. It is in
thorough accord with our belief in local self-government,
and in my judgment it is constantly advancing the cause
of temperance.

This bill does not in any way or form prohibit the sale
of liquor or limit the number of places where it may be
sold, or tend to promote prohibition. Such sale may be
just as open as at present and as easily accessible to any
person desiring to purchase liquor, nor will he be required
to order food therewith or to patronize any other business
of the seller.

This legislature has shown that it does not believe in
prohibition by its refusal to establish it or to limit further
the number of licenses, or to enact any other measures in
that direction.

The provision of this bill is solely that some other

Special Messages. 641

principal business must be carried on at the place of sale.
This is certain to be difficult of construction and enforce-
ment, and may well add to the admitted evils and tempta-
tions of the saloon. It certainly is of doubtful public
policy to force the association of other business with the
sale of liquor.

It is not at all likely that this business, which is notori-
ously profitable, will by this law be limited in extent or
change hands, but only that it will disguise its conduct to
meet the formal requirements of the law. Instead of sup-
pressing the saloon, in my judgment it will add to its
evils, and instead of promoting temperance, it will lead to
evasions and conditions which will tend to injure this
most worthy cause.

As this bill comes to me with fifty or sixty others in
the closing hours of your session, I am compelled to ex-
press in a hasty and imperfect way the reasons which lead
me to believe that the measure is unwise, and that it is
more conservative and wise to withhold my approval of it
than to allow it to become a law, especially as it is not to
take effect until May 1, 1893, and there is, therefore,
ample opportunity for another legislature to give it con-
sideration.

CHANGE OF NAMES.

CHAI^GE OF I^AMES OF PERSOI^S.

In compliance with the requirement of the Public Statutes, Chap. 148, Sect. 14, returns of
the following changes of names have been received in the office of the secretary of the
Commonu-ealth, as decreed by the several judges of the probate courts in their respective
counties : —

BARNSTABLE COUNTY.

Date of
Decree.

Original Name.

Name Decreed.

Residence.

1891.

April 21,

Bessie May Eldridge.t .

Bessie May Cliase, ....

Yarmouth.

BERKSHIRE COUNTY.

Feb.

Lucy L. Bourk.t ....

Viola Marguerite Mandeville,

Pittsfleld.

Elise Masse, t

Elise Terrien

Clarksburg.

Mar.

Rosa Mary Hebert,t

Rosa May Mottor, ....

Dalton.

Noel Hebert,t ....

Noel Mottor

Dalton.

Cherl Joseph Hebert.f .

Cheri Joseph Sarrissin, .

Hinsdale.

Archibald Stannard.t

Archibald Armstead,

New Marlborough

May

■■>,

Howard L. Wilcox, f

Howard L. Pratt, ....

North Adams.

Harold L. Wilcox.f

Harold C. Pratt

North Adams.

Clara Lillian Wilcox, f .

Clara Lillian Cormier, .

North Adams.

June

James F. Lewis, ....

Frederick J. Hatch,

Great Barrington.

Marguerite Daisy RoBO,t

Marguerite Daisy Clement, .

Richmond.

Louisa Cadrin.f ....

Louisa Clairmont

North Adams.

Julv

21,

Barbara Lacy,t ....

Nellie Lacv,

Pittstield.

21,

Mabel Elizabeth Witherell.t .

Mabel Elizabeth Roberts,

Pittsfleld.

Oct.

fi.

John Allen Atwood.t

John Atwood Allen,

Pittsfleld.

James W. Magee,t ....

Frederick E. Terry,

North Adams.

Dec.

Elizabeth E. Norton, f .

Elizabeth E. Coughlin, .

Cheshire.

BRISTOL COUNTY.

Jan.

Jeremiah Harrington,! •

James Harrington Doyle,

Fall River.

Eva Carlton Vincent, f .

Eva Carlton Leach,

New Bedford.

Mar.

Isadore Abby Bradley, t

Isadore Abby Colyar, .

New Bedford.

Benjamin Keith, t .

Clayton Simpson Robinson,

Seekonk.

April

Anna Margerite Otes,t .

Anna Margerite Bourgeois,

Norton.

May

Elizabeth Defley.f .

Elizabeth Lavelle, .

Fall River.

15,

Joseph Sylvia.t

Joseph Sylvia Mello,

Fall River.

June

Mary Martha Jones, f

Martha Jones Adams, .

New Bedford.

Alice Mayo.t .

Mabel Rhodes,

Taunton.

July

Nellie Golding.t .

Nellie Shea, .

Fall River.

Arthur William Leonard,!

Arthur William Larson,

Norton.

Aug.

Ida May Gorman, f .

Ida May Harvey, .

Taunton.

Nov.

Manuel Silveira.t .

Manuel A. Brazil, .

New Bedford.

20,

Ethel Woodward.t

Ethel Tretheway, .

Fall River.

Dec.

Emma Parkinson, t

Emma Taylor,

New Bedford.

DUKES COUNTY.

Oct. 19,

Frank Leonard Norton, .

Edgartown.

t Changed by reason of adoption.

6^6

Cha:nge of N^ames.

ESSEX COUNTY.

Date of
Decree.

Original Name.

Name Decreed.

Residence.

1891.

Jan. 5

19.

2
16.

16.

April 6

20 :

2o:

4
18
18.

Feb.
Mar.

May

June
July

Aug.

Sept.

Nov.

Louis Nicholas, t
Mabel E. Davis, f .
Willie Fobs, .
Eunice H. Phillips,!
Barbara M. Smith, f
Bernice M. Woodbury, f
Cora Viola Cone,t .
Alice Hannefin.f
Minnie Scott, t
Mabel Giddlngs,
Frances Cunningham, f
Agnes Cunningham,!
Lillian Perkins,!
Glena B. Higgins,! .
Solomon F. L. Burke,
George G. Hicken, .
John II. Farley,! .
Maggie M. Robinson,!
Daisy L. Benson,! .
Emily F. Odell,
Mary A. Healey,f .
Mary Lucey,! .
Nannie Kaiser,!
Elizabeth V. Carter,!
Edith R. Simmons,!
John Barber,! .
Jeremiah O'Connell,
Roland D. Skinner,!

Charles August Pinkes,
Marie Curtis Boss,
William Albert Foss, .
Hazel Huntingdon Seger,
Barbara May Hooper, .
Bernice May Allen,
Cora Viola Barton,
Alice May Worthen,
Minnie Helen Grover, .
Madelaine Endicott Giddingi
Frances Wholey, .
Agnes Wholey,
Lillian Clements, .
Glena Beal, .
Frank Lowell Burke, .
Guy Reynolds Hicken,
John Henry Breen,
Pauline Adella Rumsey,
Daisy Laura Kimball, .
Nannie Lovett Odell, .
Mary Ann Jennings,
Mary Rondeau,
Nancy Kaiser Teal,
Elizabeth Victoria Carter,
Helen Edith Huckins, .
Russell Younger, .
Joseph O'Connell,
Roland Dunbar Cummlngs,

Boston.

Haverhill.

Swampscott.

Beverly.

Manchester.

Westfield.

Beverly.

Lawrence.

Newbury port.

Haverhill.

Rowley.

Boston.

Beverly.

Boston.

Lawrence.

Stowe, Vt.

Lynn.

Southbridge.

Gloucester.

Peabody.

Mansfield.

FRANKLIN COUNTY.

Sept. 22, Blanche A. Davis,!

Oct. 27, Florence Mildred Brown,!

Dec. 1, Frederick E. Ellis,!

Blanche A. D. Elmer, .
Florence Mildred Bishop,
Frederick E. Blanchard,

Buckland.
Buckland.
Greenfield.

HAMPDEN COUNTY.

Jan.

Charles Lindsey Chick,!

Lindsey Chick Brigham,

Monson.

Mary Ellen Hogan,!

Mary Ellen Riley,

Palmer.

John William Hogan,! .

John William Riley, .

Palmer.

Lizzie Hogan,! ....

Lizzie Riley,

Palmer.

Edward Richard Hogan,!

Edward Richard Riley,

Palmer.

Jennie May Hogan,!

Jennie May Riley,

Palmer.

Feb.

26,

Margaret Helen Moynahan,!

Margaret Helen Dougherty,

West Springfield.

Mar.

23,

Alice Josephine Graham,! .

Alice Josephine Mason,

Springfield.

May

Elizabeth Brown,! ....

Marion Chase Severance,

Holyoke.

13,

Bessie May Bambush,! .

Lillian May Dodd.

Springfield.

July

31,

Myrtle Pease,! ....

Myrtle Mildred Blight,

Springfield.

Oct.

Emma Louise Norcross,!

Marjorie Christine Lane,

Springfield.

21,

No name,!

Ruth Cleaves Merrill, .

Springfield.

Dec.

Blanche Morrison,!

Marion Blanche Clark,

Holyoke.

HAMPSHIRE COUNTY.

Jan.

Tuma Sarafian,! ....

Esther Sarafian, ....

Diarbekia, Armenia.

Feb.

Agnes Brown,! ....

Pearl Lorence Patrell, .

Northampton.

Eugene L. Knowlton,! .

Eugene L. Knowlton, .

Wilbraham.

Mar.

Elmer Channing,! ....

Robert Elmer Edwards,

Worthington.

William Mahor,! ....

William Henry Tencellent, .

Westfield.

! Changed by reason of adoption.

Change of ^N^ames.

647

HAMPSHIRE COUNTY — Concluded.

Date of

Decree.

Original Name.

Name Decreed.

Residence.

1S91.

Mar.

Flora F. Shepardson,t . . . Fannie F. Hofman,

Lenox.

Daniels, t .

Charles Francis King, .

Unknown.

April

Harrington, t .

Charles Henry Walker, .

W^iliimantic, Conn

May

Robert Clifford, f .

Robert Williams, ....

Vermont.

Bessie Viola Damon, f

Bessie Viola Hathaway,

Chesterfield.

July

25,

Thomas Sullivan, .

1 Thomas O'Sullivan,

Ware.

Aug.

Fred Warren Beals.f

Freddie Eugene Canterbury,

Amherst.

Sept.

EllaJ. Sweet, .

Ellen J. Vail

Northampton.

Ernest Sweet, .

Ernest Vail,

Northampton.

Carroll E. Sweet, .

; Carroll E. Vail, ....

Northampton.

Nov.

Philip Moen Washburn,

j Philip Washburn

Northampton.

10,

Mather Humphrey Neill.t

1 Mather Humphrey Neill,

Highland Park, 111

Dec.

Hannah Sullivan, f .

Josephine Brown

Ware.

MIDDLESEX COUNTY.

Jan.

13,

Paul GleaBon,t ....

Herbert Marcum Waldo Brigham,

Framingham.

13,

Jessie Agnes Gerry ,t

Gertrude Carr, ....

Somerville.

13, !

Charles A. McMaster, .

Charles Archibald Mack Masters,

Watertown.

27, i

Harry Spencer, t ....

Harry Spencer Parker, .

Medford.

Feb,

3, 1

Christina Drum.t ....

Blanche Christina Home,

Cambridge.

Cora Emma Crockett,! .

Cora Emma Lane, ....

Rockport, Me.

Flora Ella Crockett.t .

Flora Ella Lane

Rockport, Me.

Samuella Helen Ida Pratt,! •

Helen Amelia Cole,

Acton.

Mar.

Myrtle Campbell,! ....

Myrtle Ward,

Cambridge.

Gertrude May Bliss,! .

Marian Frances Whyte Hooper, .

Medford.

Julia Eagan,!

Bessie Lu Priest, ....

Lynn.

10,

Everett Bates Allen,

George Bates Allen,

Lowell.

IT. i

John Albert Hill McAvoy,! .

John Albert McAvoy Tyler,

Cambridge.

24,

Edwin Farnsworth,!

Edwin Charles Crosbv, .

Waltham.

April

Wendell P. Bouney,

Wendell Phillips Lee", .

Reading.

Josie Bonney

Josie Lee,

Reading.

Pearl Gore,T .....

Pearl Fose,

Cambridge.

14,

Abbie Maria Newball, .

Abbie Maria Holyoke, .

Hudson.

28,

Annie Smith,! ....

Annie Ruth Abbott,

Lowell.

28,

Everett Wellington,!

David Wade

Maiden.

May

12,

Amelia Louisa I'faltz, .

Annie Amelia Louisa Pfaltz,

Framingham.

12,

Lizzie Adelade Sherman,!

Lizzie Adelade Stetson,

Hopkinton.

19,

Mabel J. Buston,! ....

Mabel Jane Hall

Lowell.

26,

Flora Edwards,! ....

Flora Ogden

Cambridge.

26,

Hattie May Allen,!

Hattie May Cleland,

Odell, Nebraska.

26,

Elsie Leslie Williams,! .

Addie Leslie Foster,

Cambridge.

June

John Beatty,t

John Danehy,

Cambridge.

Sarah Jane McGovern,!

Sarah Jane Reynolds, .

Marlborough.

Edna Irene Davis,!.

Edna Irene Kendall,

Stoneham.

23,

John McGrath,! ....

John Charles Wrisley, .

Maiden.

July

Arthur Cary Burns,!

Walter Francis Chapman,

Boston.

Alice (!ary Burns,!

Maud Ethel Chapman, .

Boston.

14,

Ruth Evelyn Sherman,!

Ruth Evelyn Sherman Munson, .

Medford.

21,

Elizabeth Eleanor Blood,! .

Elizabeth Eleanor Griffiths, .

Pepperell.

28,

William Hastings McGaw, .

William Alexander Hastings,

Everett.

28,

Mabel Linnell McGaw, .

Mabel Linnell Hastings,

Everett.

28,

Warren Hastings McGaw,

Warren Robert Hastings,

Everett.

28,

Bertrode Inez McGaw, .

Bertrode Inez Hastings,

Everett.

Sept.

Elizabeth Nathan Phelps,

Elizabeth Adelma Nathan, .

Wakefield.

Ruth Lee Skinner,!

, Ruth Lee Hill

Hudson.

George McCabe.t ....

Harry Nicholas Affelhoy,

Maiden.

15,

Fannie Minerva Woodcock,!

j Fannie Minerva Coffin, .

New York, N. Y.

22,

Mary Edith r'hipman, .

Esther Fenton Chipman,

Medford.

Oct.

Himan Joseph ( 'ooperleib, .

I Himan Joseph Cooper, .

Somerville.

Lizzie Mary Cooperleib,

, Lizzie Mary Cooper,

Somerville.

27,

Frederick Held Coolidge,! .

Frederick Coolidge Farnum,

Boston.

27,

Imogene T. Wiley,

} Imogene Thompson,

Stoneham.

27,

Phebe Howard Williams,

Phebe Helen Williams, .

Stoneham.

27,

Asa Balcom Stanley,

I Asa Stanley Balcom,

Maynard.

t Changed by reason of adoption.

648

Change of N^ames.

MIDDLESEX COUNTY — Concluded.

Date of
Decree.

Original Name.

Name Decreed.

Residence.

1891.

Nov. 4,

10,

!■?,
24,
24,
24,
24,
1,

Dec.

William Carver Damon,

Margaret T. Smith,!

Daniel Webster Brown, t

Ernest J. Fortier,t

Bernice Hart,t

Edward Kenney.f

Albert Singleton, f

Mattie Allen, t .

Louis Rudolph Niederhausern,t

Augusta Ann Smith, t

Bertha L. Towusend.t .

Eden McMilIen,t .

Charles Fleraming Mulhern.f

Henry J. Bauer,T .

Alice G. Bauer, t

Mabel Covert, f

William Cotton Damon,
Margaret Thomas French,
Daniel Webster Hamilton,
Ernest Standish,
Bernice Hart Hubbard,
Edward McAvoy, .
Albert Osgood Ward,
Eva Mawhiney,
Louis Rudolph Gindrat,
Evangeline Augusta Fletcher
Bertha Linwood Hanscom,
Ruth Mildred Dennen, .
Charles Llewellyn Flanders,
Henry Joseph La Fay,
Alice Mary La Fay,
Mabel Goulding,

Concord.

Yonkers, N. T.

Boston.

Franklin.

Cambridge.

Lowell.

Cambridge.

Boston.

Waltham.

Wellfleet.

Newton.

Boston.

Lynn.

NORFOLK COUNTY.

Jan.

Michael Francis Clarke,

j Francis Clarke

Randolph.

Effie Maud Tuttle.t

1 Effie Maud Stanton,

Needham.

Feb.

Ernest Hermann Seifert,t

1 Ernest Halbauer, ....

Dedham.

18,

John Arthur Healy,f

John Arthur Lyman,

( 'ambridge.

April

Thomas Lester,! ....

Frederick Cushman Runnels,

Boston.

Willie Wesson, t ....

William Meehan

Lowell.

15,

Mary Ella Robinson, t .

Mary Ella Gay, ....

Hampton, N. B.

June

10,

Frederick Lawrence,! .

Frederick Lawrence Vinal, .

Methuen.

July

Gertrude Anna Stirckler,t .

Gertrude Anna Packard,

Worcester.

Sept.

Georgie Pearl Tower, f .

Alice May Bickley,

Boston.

23,

John Chapman,! ....

Charles Richard Stewart,

Boston.

23.

Rose Murphy,! ....

Gertrude Hazel Frye, .

Boston.

Oct.

28,

Ethel Smith,!

Mildred Ethel Haggerty,

Groton.

Nov.

11,

Ruth Beatrice Sinclair Pieterse,! .

Beatrice Tucker, ....

Boston.

11,

Herbert Harrison Pieterse,! .

Herbert Loring Doble, .

Boston.

18,

Kathrine Belle Crawford,! .

Kathrine Belle Bacon, .

Scotland.

PLYMOUTH COUNTY.

Jan. 12,

Julia S. Stanley,! . . . .

-Julia May Woods, ....

1 Pembroke.

12,

Victoria Stanley,! .

Mabel Victoria Hunt,

Duxbury.

Mar. 9,

Alice Caroline Damon,!

Alice Caroline McKennev,

.\bington.

George Henrv Downey,

George Henry Downing,

Hiugham.

April 13,

Edwin Forest Page,

Edwin Forest Cobb,

Brockton.

May 25,

Rose McCloskey,! .

Rose Ellen Conroy,

Whitman.

June 22,

Infant,! ....

Pearl Aleda Packard,

Brockton.

22,

Esther Maude Wright,!

Esther Maude Stetson, .

Bridgewater.

Sept. 28,

Hugh McCloskey,!

Hugh Churchill McAdams,

West Bridgewater.

Oct. 26,

Blanche Maud Crowell,!

Louise Flavella Field, .

Brockton.

SUFFOLK COUNTY.

Jan. 5,

Katherine L. Conine,! .

Katherine L. Gage,

Athens, N.

Onesyi Ettinger,! .

Onesyi Ettinger Thurston, .

Boston.

Sethantes Howland,!

Sethantes Howland Thurston,

Boston.

Elizabeth Ray Jenks,

Elizabeth Ray Pritchard,

Boston.

John J. Mackeghney,

John J. Mack, ....

Boston.

Willie Willard Trenholm,!

Willis Trenholm Parker,

Boston.

26,

Quincy Alexander Shaw,

Quincy Adams Shaw,

Koston.

26,

Elizabeth Tarlton, .

Elizabeth Edwards,

Boston.

! Changed by reason of adoption.

Change of IS'ames.

649

SUFFOLK COUNTY — CoNTiNlFED.

Date of
Decree.

Original Name.

Name Decreed.

Residence.

Lena May Pearson, +
Mary Belle McCloud, .
William Harold Hickok.f
Francis W. Iliggins,
Bessie Marsh, f
Margaret Desmond,
ratricb Foley, t
Lizzie Giahaui,t
Florence Violet Roy,t .
Arthur Herbert Delaney,
Laura May Blake, t
John H. Williams,!
Juliette Monroe, t .
Frank Redniund GoUop,
Jacob Knisuick,
Marion Estelle North, f .
Marguerilte McKenua.f .
Magdalena Wachter,
William Louis Wachter,
Darwin Nugent, t .
Margaret Ann Hagerty,t
Ellis Oechsner.t
Marion Lincoln Washburn, f
Wilhelmina A. Bates, t .
Samuel S. Sunderland, .
Edward Kelley.f
Alamanza Bradley Roberts,
Georgiana Elizabeth Speck,
Nellie Ohaffie.t
Joseph F. Kelley,t .
Jerome Walton, f .
John Bowman, t
Emma Louise Amazeen.f
Thomas Gallagher, f
Mabel Irene Taplin,
Xenophon Pearce, .
Mabel Russell, t
Jennie Emeline Garland, f
Sibyl Adams Kohler,t
Charles Davis Kohler.f
Maud E. Stedman.t

Godfrey H. Stedman.f

Grace Blackwell,t .

Elsie May Burrell,t

Mary Anderson McCoull,

Charles Wm. Jennison.t

John Mulligan,!

Jennie Mulligan,! .

Sarah E. Mulligan,!

Foster Knowlton,! .

Clarence Henry Doerringer,

John Elliott,! .

Katie Anne Murphy,! •

Charles Harold Coyle, .

Marv Emma Coyle,

Albert Hall,t .

Wra. Jackson Onley,f .

Alice May Brennan,!

Frank Henry Mahoney,

Justin Frank Carter,! .

Peter Anton Mangor Barfoed

Lena Welch,! •

Frederick P. Greenberg,

Theresa Josephine King,!

Joseph Lyman Parks, .

Bertha Viola Sinclair,! .

Lewis Witkowsky,

Martin Witkowsky,

Gunhilda Alfrida Miller,
Mary Belle Keith, .
William Harold Tenney,
Francis W. Higgins Glenerne
Bessie Lotty Whitney,
Margaret Hart,
Patrick Tremaine, .
IJessie Lincoln,
Vanda Violet Maynard,
Arthur Herbert Dean,
Laura May Riedy, .
John n. Blodgett, .
Lorna Harding Young,
Frank Redmund, .
Jacob Cohen, .
Marion Estelle Crowley
Marguerilte Hanson,
Magdalena Walker,
William Louis Walker,
Harry Fiske Blossom,
Margaret Ann O'Brien,
Ellis Exner Lee,
Marion Lincoln Frye,
Martha Augusta Tharby,
Samuel Sunderland Sherman
Edward Charles Hoyt,
A Hie Bradley Roberts,
Georgiana Elizabeth Foy,
Lucy Annie Stowell,
George Francis Heald,
Jerome Walton Allan,
John Blue,
Emma Louise Colby,
George Harcourt, .
Mabel Irene Wheeler,
George Pearce,

I Gladis Dudley,

I Jennie Emeline Dean,
Sibyl Adams Hodges,

; Charles Davis Hodges,

j Maud E. Robinson,
Godfrey H. Robinson,
Ariane Goudreau, .
Elsie May Stirk,
Mary McCoull Anderson,
Charles Wm. Whitechurch,
John MuUiern,
.Jennie Mulhern,
Sarah E. Mulhern, .
Foster Clarence Poland,
Clarence Henry Berner,
John Philip Sylvester,
Katie Anne De Freitas,
Harold Robbing Day,

I Mary Emma Day, .

! Howard Carter,
Wm. Jackson Smith,
Alice Ramsey,
Frank Henry Thomas,
Ervin Libby Stearns,
Peter Anton Foed, .
Mabel Adeline Welch,
Frederick P. Green,
Theresa Stevens,
.Toseph Lyman Stone,
Ethel Collins, .
Lewis Witte, .
Martin W^itte, .

Lynn.

Boston.

Warren, Pa.

Boston.

15o8ton.

Boston.

Denuis.

Boston.

Eastport, Me.

Dennis.

Boston.

Winthrop.

Boston.

Chelsea.

Boston.

Lynn.

Winthrop.

Boston.

Boston,

Boston.

Cambridge.

Boston.

! Changed by reason of adoption.

650

Change of Kames.

SUFFOLK COUNTY — Concluded.

Date of
Decree.

Original Name.

Name Decreed.

Residence.

1891.

Dec. 7,

7,
14,
14,

Dorothea Witkowsky, .

Saul A. Witkowsky,

Mabel Mitchell Wall.f .

Henry Stanley Hearty or Haraty.t

Dorothea Witte, ....

Saul A. Witte

Mabel Mitchell Smith, .
Edwin Alfred Gatchell, .

Boston.
Boston.
Boston.
Cambridge.

WORCESTER COUNTY.

Jan.

Ethel Wiuifred Pierce.f

Ethel Winifred Slater, .

Uxbridge.

Carrie G. Gillette,! .

Carrie Belle Currier,

Ashburnham.

20,

Nellie G. Sands.f .

Nellie G. Streeter

Southbridge.

27,

Lillian T. Sullivan, f

Lillian T. Doherty,

Leominster.

Feb.

20,

Margaret A. Farren.t .

•

Annie May Fletcher,

Harvard.

Mar.

Dede Marie Nullett.f .

•

Dede Marie Willard,

Lancaster.

24,

Archie Bradford Stanlej

Byron Archie Stanley, .

Fitchburg.

24,

Emma Shambo.t

Emma Bussiere

Fitchburg.

27,

Louis Jasmin, t

Joseph Alfred Tourigny,

Worcester.

April

John Doyle, Jr.,

John J. Doyle, ....

No. Brookfield.

10,

Ethel Smith, t .

Maud Ethel Frink, ....

Spencer.

17,

Laura Evelyn Fisher.f

Laura Evelyn Yeager, .

No. Brookfield.

17,

Mary Sheehan,t

Mary Sherman, ....

Gardner.

17,

Fred Leroy Dixon, f

Fred LeRoy Putnam,

Rutland.

28,

James Comrie.f

James Methven Comrie,

Enfield, Conn.

May

13,

Waldo Isenor.t

Ephraim Waldo Tucker,

Worcester.

June

12,

Florence May Winans,t

Florence May James,

Fitchburg.

23,

Lizzie Brennan.t .

Eva Grace Nutting,

Ashburnham.

July

17,

Herbert Whiting,t .

Archie Berthold Codding,

Conway.

17,

Mary Ethel Franklin, f

Mary Ethel Coolidge,

Worcester.

21,

Amy Edson.t .

Leone Margery Morse, .

Athol.

Aug.

11,

William Dreseer Clegg,-

William Dresser Knight,

Putnam, Conn.

Sept.

Harland L. Goodnow,t

Harland L. Neal, ....

Winchendon.

Frank R. Hood,

Frank R. Warren, ....

Worcester.

Edgar Smith, t

Edgar Nichols, ....

Worcester.

Oct.

Charles A. Hypson.f

Alfred Wilson

Hopedale.

Harry James Parker,!

Harry James Power,

Southborough.

Leon Carter,! .

Leon Edwards

Worcester.

20,

Lena Etchells,t

Dora Eliza Allen

Worcester.

Nov.

17,

Helen Clark,! .

Helen Hemenway, ....

Gardner.

17,

Willie Elwin Ball, .

William Elwin Ball,

Westborough.

17,

Emeline T. Knight,

Emeline P. Tenney,

Worcester.

17,

Harry C. Dunn,f

Harry William Nelson, .

Fitchburg.

24,

Lester W. Towne,!

Lester W. Sanders,

Athol.

Dec.

Frederick Coomes Hale,

Frederick Coomes Garfield, .

Northborough.

22,

Ethel Curley,!

Mabel Ethel Nutting, .

Ashburnham.

t Changed by reason of adoption.

CIVIL GOVERNMENT

djommoiuueatth of dHaf^juicInuj^tt^,

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH
FOR THE POLITICAL YEAR

1892.

EXECUTIVE DEPARTMENT.

HIS EXCELLENCY

WILLIAM E. EUSSELL,

Governor.

Samuel Roads, Jr Private Secretary.

Edward F. Hamlin Executive Clerk.

HIS HONOR

WILLIAM H. HAILE,

Lieutenant Governor.

COUNCIL— (By Districts).

I. — ISAAC N. KEITH • Bourne.

n. — EDWIN V. MITCHELL Medfield.

III. — EPHRAIM STEARNS Waltham.

IV. — JAMES DONOVAN Boston

v. — MOSES HOW Haverhill,

VI. — ALONZO H. EVANS* Everett.

VIL — GEORGE F. MORSE Leominster.

VIII. — ELISHA MORGAN Springfield.

WILLIAM M. OLIN,

Secretary of the Commonwealth.

Isaac H. Edgett, 1st Deputy. George G. Spear, 2d Deputy.

GEORGE A. MARDEN,

Treasurer and Receiver General.

John Q. Adams, Ist Clerk. George S. Hall, 2d Clerk.

Wendell P. Marden, Cashier.

JOHN AV. KIMBALL,

Auditor op Accounts.

William D. Hawley, 1st Clerk. James Pope, 2d Clerk.

ALBERT E. PILLSBURY,

Attorney General.

George C. Travis . . . First Assistant Attorney General.
Charles N. Harris . . Second Assistant Attorney General.

* Elected by the Legislature, February 18, in place of Charles F. Loring of
Melrose, deceased.

LEGISLATIVE DEPARTMENT.

GENERAL COURT.

Arranged in Accordance with the District Revision of 1886

President

SENATE.

— ALFRED S. PINKERTON.

District.

Name of Senator.

Residence.

First Suflfolk,

Arthur B. Champlin, .

Chelsea,

Second "

John Reade,

Boston.

Third "

John W. Coveney, .

Cambridge.

Fourth "

Patrick J, Kennedy, .

Boston.

Fifth

Henry Parkman,

Boston.

Sixth

William S McNary, .

Boston.

Seventh "

Michael J. McEttrick,

Boston.

Eighth "

William H. Carberry,

Boston.

Ninth "

William H. West, .

Boston.

First Essex,

Charles H. Baker,

Lynn.

Second "

William E. Meade, .

Salem.

Third "

Luther Dame, .

Newbury.

Fourth "

Edward P. Shaw,

Newburyiiort.

Fifth "

B.Frank Southwick,.

Peabody.

Sixth "

Richard A. Carter, .

Lawrence,

First Middlesex,

Francis H. Raymond,

Somerville.

Second "

Gorham D. Oilman, .

Newton.

Third

John Read,

Cambridge.

Senate.

655

District.

Xame of Senator.

Fourth Middlesex,

Fifth

Sixth

Seventh "

First Worcester,

Second "

Third

Fourth "

Worcester and Hamp
shire,

First Hampden,

Second "

Franklin, .

Berkshire,

Berkshire and Hamp
shire,

First Norfolk, .

Second "

First Plymouth,

Second "

First Bristol, .

Second "

Third

Cape,

James W. McDonald,
Edwin F. Wyer,
B. Marvin Fernald, .
John E. Drury, .
John R. Thayer,
George K. Nichols, .
Eben S. Stevens,
Alfred S. Pinkerton, .

Sidney P. Smith,
Christopher C. Merritt,
William Provin,
Wilder P. Clark,
Stephen A. Hickox, .

Henry A. Kimball, .
William N. Eaton, .
William F. Kay,
Francis P. Arnold, .
Isaac N. Nutter,
Edward Mott, .
Robert Howard,
William M. Butler, .
John Simpkins,.

Marlborough.

Woburn.

Melrose.

Lowell.

Worcester.

Grafton.

Dudley.

Worcester.

Athol.

Springfield.

Westfield.

Winchendon.

Williamstown.

Northampton.

Quincy.

Franklin.

Pembroke.

E. Bridgewater.

Taunton.

Fall River.

New Bedford.

Yarmouth.

HENRY D. COOLIDGE,
EDMUND DOWSE, .
JOHN G. B. ADAMS,.

Clerk.

Chaplain.

Sergeant-at-Arms.

656

House of Represextatives.

HOUSE OF REPRESEXTATIYES.

Speaker — ^
COUJ

^VILLIAM E. BARRETT.

fTY OF SUFFOLK.

District.

Town or Ward,

Name of Representative.

Residence.

1st,

Boston, Ward

Lewis Burnham,
Frank C. Wood,

Boston.
Boston.

2d,

Boston, Ward

Charles A. Kelly, .
Benjamin J. Sullivan,

Boston.
Boston.

3d,

Boston, Ward

Cornelius E.Mahoney,
John F. Sundberg, .

Boston.
Boston.

4th,

Boston, Ward

William PL Oakes, .
Edward E. Turner, .

Boston.
Boston.

5th,

Boston, Ward

Edward W Presho, .
Charles JVL Dacej, .

Boston.
Boston.

6th,

Boston, Ward

Jeremiah J.Crowley,
James 0. Fallon,

Boston.
Boston.

7th,

Boston, Ward

Patrick F. Brogan, .
Edward P. Clark,

Boston.
Boston.

8th,

Boston, Ward

Daniel F. Breen,
jMiehael B. Gilbride,

Boston.
Boston.

9th,

Boston, Ward

Charles E. Harris, .
George v. L. Meyer,

Boston.
Boston.

10th,

Boston, Ward

10,

Bowdoin S. Parker, .
Charles F. Sprague,

Boston.
Boston.

nth.

Boston, Ward

11,

James M. Olmstead,
Perlie A. Dyar,

Boston.
Boston.

12th,

Boston, Ward

12,

Patrick J. Heifernin,
Daniel P. Toomey, .

Boston.
Boston.

13th,

Boston, Ward

13,

Daniel McCarthy, .
Thomas A. Quinn, .

Boston.
Boston.

14th,

Boston, Ward

14,

< Charles J. Chance, .
\ Richard F. McSolla,

Boston.
Boston.

House op Representatives.

COUNTY OF SUFFOLK — Concluded.

G57

Town or Ward.

Name of Representative.

Boston, Ward 15, \

Boston, Ward 16, <

Boston, Ward 17, <

Boston, Ward 18, j

Boston, Ward 19, j

Boston, Ward 20, j

Boston, Ward 21, ^
Boston, Ward 22,

Boston, Ward 23, \

Boston, Ward 24, j

Boston, Ward 25,

Chelsea, Wards 1, 2,3, j

Chelsea, Ward i,
Revere, .
Winthrop,

Joseph J. Casey,
John B. Lynch,

Isaac Rosnosky,
Thomas J. Keliher, .

Andrew M. Lanigan,
Bernard M. Wolf, .

Augustus G. Perkins,
S StillmanBlanchard,'

Charles II. Bryant, .
William J. Dolan, .

John J, Hoar, .
John Goldiug, .

Benjamin F. Brown,
John II. Norton,

William L. Mooney,

Salem D. Charles, .
William G. Baker, .

Frederic W Bliss, .
Louis M. Clark,

Bentley W. Warren,

Charles H. Holmes, .
Marcus M. Merritt, .

John C. Loud, .
Albert W.Richardson,

Boston.
Boston.

Boston.
Boston,

Boston.
Boston.

Boston.

Boston.
Boston.

Boston.

Chelsea.
Chelsea.

Chelsea.
Winthrop.

COUNTY OF ESSEX.

1st,
2d,

f Salisbury, . ."j
! Amesbury, . . !
1 Merrimac, . . f
1^ West Newbury, . J

5 Haverhill, Wards 1, )
^ 2, 4, 6, . . .\

Samuel J. Brown, .
Richard Newell,

Warren Hoyt, .
Thomas E. St. John,

Amesbury.
W. Newbury.

Haverhill.
Haverhill.

658

House of Representatives.

COUNTY OF ESSEX — Continued.

3d,

4th,
5th,
6th,

7th,
8th,
9th,

10th,

11th,

12th,
13th,
14th,
15th,
16th,

17th,

Town or Ward.

fHaverhill, Wards 3,^1

, O, .

j INIethuen,
l^ Bradford,

5 Lawrence, Wards 1
^ 2, 3, .

5 Lawrence, Wards 4
^ 5, 6, .

^ Andover,

( North Andover,

f Grovel and,
J Georgetown, .
j Boxford, .
l^Topsfiekl,

C Newburvp't, Wards
^ 1, 2, o", 4, 5, 6,
Q Newbury,

f Rowley, .

J Ipswich, .
j Hamilton,
^^Wenham,

( Gloucester, Wards ")
I 1,3,4,5,6,7,8,

; Essex,

(^ Manchester, ,

^ Gloucester, Ward 2
( Rockport,

Beverly, .

Salem, Wards 1, 2,

Salem, Wards 3, 5,

Salem, Wards 4, 6,

Marblehead, .

^ Swampseott, .
I Lynn, Wards 2, 3,

Name of Representative.

James O. Parker,
Ira O. Sawyer, .

Dennis E. Halley,
William Cannon,

William H. Hart,
Frank McAnally,

James B. Smith,

Edwin H. George,

Arthur C. Richardson,
Eben S. Dole, .

George Fall,

Sylvanus Smith,
Howard G. Lane,
Miles S. Andrews,

George H. Friend, .

George A. Galloupe,

Samuel A. Potter, .

Joseph L. Lougee, .

William D. Dennis, .

Henry C. Sparhawk,

Eugene A. Bessom, .
Charles T. Jackson,

Residence.

Methuen.
Haverhill.

Lawrence.
Lawrence.

Lawrence.
Lawrence,

Andover.

Groveland.

Newburyport.
Newburyport.

Ipswich.

Gloucester.
Glovicester.
Essex.

Gloucester.

Beverly.

Salem.

Marblehead.

Lynn.
Swampseott.

HoTTSE OP Repkesentatiyes.

COUNTY OF ESSEX — Concluded.

659

Town or Ward.

Name of Representative. Residence.

21st,

1st,

2d,

3d,

4th,

5th,
6th,

7th,

8th,

9th,

10th,
11 til,
12th,
13th,

ard 4,

18th, 5?:/rJ^''

19th 5 Lynn, Wards 1, 5,

' I Lynnfield,

''Oth \ Lynn, Wards 6, 7,

' ) Saugus, .

Peabody,

go J S Danvers, .

— *^' \ Middleton, .

Lewis H. Bartlett, .
Edward L. Daley, .

I John M. Dauforth, .

Charles M.Bacheller,
t

Lemuel M. Brock, .

William W. Lowe, .

I Francis H. Appleton,
Samuel L. Sawyer, .

Lynn.
Lynn.

Lynnfield.
Lynn.

Lynn.

Saugus.

Peabody.
Danvers.

COUNTY OF MIDDLESEX.

Cambridge, Wards
1, 5, .

Cambridge, Ward 2

Cambridge, Ward 3

Cambridge, Ward 4

Somerville, Ward 1

Somerville, Ward 2

Somerville, Wards
3,4, .

Medford,

Maiden, Wards 1, 2
3, 4, 5, 6, 7,

Everett, .

Melrose, .

Stoneham,

Wakefield,

Isaac McLean,*
William B. Durant,

Horace E. Clayton,
Daniel H. Coakley,

Stephen Anderson, .

Malcolm E. Rideout,
John Hopewell, Jr.,

George W. Perkins,

Josejih J. Giles,

George O. Proctor, .

Wm. B. Lawrence, .

Charles F. Shute, .
Arthur H. Wellman,

Frank P. Bennett, .

William E. Ban-ett,

Myron J. Ferren, .

James H. Carter, .

Cambridge.
Cambridge.

Cambridge.

Cambridge.
Cambridge.

Somerville.

Medford.

Maiden.
Maiden.

Everett.

Melrose.

Stoneham,

Wakefield.

* Elected January 26 ; qualified February 3 ; in place of Charles Almy, who
failed to qualify.

660

House or Representatives.

COUNTY OF MIDDLESEX — Continued.

14th,

15th,
16th,
17th,

18th,
19th,

20th,

21st,
22d,
23d,

24th,

25th,
26th,
27th,

28th,

Town or Ward.

("Woburn, Wards 1,2,
} 3, 4, 5, 6, 7,
(^Reading, .

^ Arlington,
I Winchester,

^ Watertown,
( Belmont, .

^ Newton, Wards 1
\ 2, 3, 4, 5, 6, 7,

rWaltham, Wards 1
^ 2, 3, 4, 5, 6, 7,
(^Weston, .

f Lexington,
I J^iucoln, .
<{ Concord, .
I Bedford, .
[ Burlington,

f Chelmsford, .
I Billerica,

Tewksbury, .

Wilmington, .
(^ North Reading,

Lowell, Ward 1,

Lowell, Ward 2,

Lowell, Ward 3,

^Lowell, Wards 4, 5

< Dracut, .

C Tyngsborough,

Lowell, Ward 6,

Natiek, .

^ Hopkinton,
} Ashland, .

f HoUiston,
J Sherborn,
I Framingham,
l^ Way land.

Name of Representative.

Thomas D. Hevey,
Henry C. Hall,

Samuel W. McCall,

J. Henry Fletcher, .

Dwight Chester,
S. E Howard,

Mahlon R. Leonard,
Henry J. Jennison,

Richard F. Barrett, .

Charles H. Kohl-
rausch, Jr , ,

Patrick J. Savage, .

Fred. N. Wier,

John W. McEvoy, .

Robert G. Bartlett, .
Clarence G. Coburn,
Amasa Pratt, .

Charles H. Hobson,

Edgar S. Dodge,

Granville C. Fiske, .

Russell M. French, ,
George E. Cutler, ,

Woburn.
Woburn,

Winchester.

Belmont.

Newton.
Newton.

Waltham.
Weston.

Concord.

Billeriea.

Lowell.

Lowell.
Lowell.
Lowell.

Lowell.

Natiek.

Ashland.

Framingham.
Framinirham,

House or Representatives.

COUNTY OF MIDDLESEX — Concluded.

661

District.

Town or Ward.

Name of Representative.

Residence.

29th,

( Marlborough, W'd
! 1,2,3,4,5,6,7,
j Hudson, .
l^Sudbm-y,

( Maynard,
Stow,

•j

William H. Brigham,
John J. O'Brien,

Hudson.
INIarl borough.

30th,

J Boxborough, .
j Littleton,

Acton,
[Carlisle, .

( Westford,

. i
■ )

N. Emery Whitcomb,

Boxborough.

31st,

! Groton, .
j Pepperell,
i^ Dunstable,

CAyer,

Josejih B. Heald,

Pepperell.

32d,

! Shirley, .
j Townsend,
(^ Ashby, .

Clarence Stickney, .

Townsend.

COUNTY

)F WORCESTER.

1st,

rAthol, .
} Royalstou,
(^Phillipston,

]

Charles Crosman, .

Athol.

2d,

'Gardner,.
. Winchendon, .
j Templeton,
(^ Ashburnham, .

Perciral Blodgett, .
S. Augustus Howe, .

Templeton.
Gardner.

3d,

' Barre, .

Dana,
>( Petersham,

Hardwick,
^ Rutland, .

1
1

\
)

George R. Simonds, .

Barre.

4th,

f Westminster, .
Hubbardston, .
•^ Princetou,
1 Holden, .
l^ Paxton, .

Still man F. Morse, .

Holden.

5th,

'Brookfield, .

North Brookfield,
1 West Brookfield,
■{ New Braintree,

Oakham, .

^
1
1
}

Albert G. Blodgett, .
Edward Fairbanks, .

W. Brook field.
Warren.

Sturbridge,
1^ Warren, .

)

662

House of Representatives.

COUNTY OF WORCESTER — Continued.

Town or Ward.

6th,
7th,

8th,

9th,

10th,

11th,
12th,

13th,

14th,

15th,

16th,
17th,

^ Spencei", .
( Leicester,

("Charlton,
^Dudley, .
(^ Sonthbridge,

C Webster,
^Oxford, .
Q Auburn, .

C Douglas, .
} Millbury,
(^ Sutton, .

(Uxbridge,
< Northbridge,
(, Upton, .

fBlackstone,

Mendou,

Milford, .
^ Hopedale,

( Westborough,
I Northborough,
! Southborough,
) Berlin, .
I Shrewsbury', .
(^Grafton, .

( Boylston,

Boiton, .
I West Boylston,
<; Clinton, .

Harvard,.
I Lancaster,
\^ Sterling, .

< Leominster, .
; Lunenburg,

Fitchburg, Wards 1,
2, 3, 4, 5, 6, .

Worcester, Ward 1,

Worcester, Ward 2,

Name of Representative.

J. Bradford Sargent,
Lemuel Healy,

John F. Hinds,

Henry C. Bateheller,

George S. Ball,

John T. McLoughlin,
Michael Carroll,

George H. Rugg,
DeWittClintonNich-

ols,* .

Andrew L. Nourse, .
Wellington E.

Parkhurst,

Aaron O. Wilder,

Edward W Ackley,
Henry F. Rockwell,

Alfred S. Roe, .

James P. Crosby,

Besldence.

Leicester.

Dudley.

Webster.

Sutton.

Upton.

Milford.
Blackstone.

Grafton.
South boroufrh.

Bolton.
Clinton.

Leominster,

Fitchburg.
Fitchburg.

Worcester.

* Elected January 26; qualified February 3; in place of Fred M. Ambrose,
who failed to qualify.

House of Representatives.

COUNTY OF WORCESTER — Concluded.

C63

District.

Town or Ward.

Name of Representative.

Residence.

18th,
19th,
20th,
21st,
22d,
23d,

Worcester, Ward 3,
Worcester, Ward 4,
Worcester, Ward 5,
Worcester, Ward 6,
Worcester, Ward 7,
Worcester, Ward 8,

Eugene M. Moriarty,
James H. Mellen, .
James F. Melaven, .
Henry J. Jennings, .
Henry G. Taft,
George S. Clough, .

Worcester.
Worcester.
Worcester.
Worcester.
Worcester.
Worcester.

COUNTY OF HAMPSHIRE.

1st,

f Northampton, W
1 1,2,3,4,5,6,'
j Easthampton,,
^^ Southampton,.

f Chesterfield, .
Cummington, .
Goshen, .

'ds^

•j
0

Arthur F. Nutting, .
James M. Fay,

Northampton.
Northampton.

2d,

1 Huntington, .
' Middlefield, .

Plainfield,

Westhampton,
^ Worthington, .

•j

Charles H. Hooker, .

Westhampton.

3d,

( Hatfield, .
! Hadley, .
1 South Hadley,
[ William sbiu-g.

Thomas M. Carter, .

Williamsburg.

4th,

^ Amherst,

) Belchertown, ,

(Granby, .

George H. B. Green,

Belchertown.

5th,

'Enfield, .

Greenwich,

<{ Pelham, .

1 Prescott, .

OVare, .

•1

William S. Hyde, .

Ware.

664:

House of Representatives,
county of hampden.

Town or Ward.

1st,

2d,

3d,

4th,

5th,

6th,
7th,
8th,

9th,
10th,

fChestei*, .

Bland ford,

ToUand, .

Granvillp,

Southwick,
^ Agawam,

f Montgomery,
■ Russell,

Name of Representative.

Residence.

] Westf5eld,

1^ West Springfield,

K Holyoke, Wards 5, |
) 6,7, . . .1

5 Holyoke, Wards 1, (
^2,3,4,. . .(

5 Chicopee, Wards 1, j
I 2, 3, 4, 5, 6, 7, . <

5 Springfield, Wards <
( 1,4,8,. . .<

SiDringfield, Ward 5,

5 Springfield, Wards i
} 2,3,6,7, . .(

f Longmeadow,
I Hampden,
•j Wilbraham,
I Monson, ,
l^ Wales, .

f Ludlow, .
J Palmer, .
] Brimfield,
l^ Holland, .

Erastus D. Larkiu,

James A Lakin,
Henry W. Ashley,

Richard G KilduflF, .
William P. Buckley,

Eugene J. O'Neil, .

Frederick H. Gillett,
John W. Adams,

Eldvvin F. Lyford, .

John A Driscoll,
Edward S. Brewer, .

Sumner Smith,

Hiram E.W.Clark,

Tolland.

Westfield.
Westfield.

Holyoke.
Holyoke.

Chicopee.

Springfield.
Springfield.

Springfield.

Springfield.
Springfield.

Hampden.

Palmer.

COUNTY OF FRANKLIN.

1st,

^Greenfield,
^ Shelburne
(^ Bernardston,

George W. Jenks,

Shelburne.

House of Representatives.

COUNTY OF FRANKLIN — Concluded.

C65

2d,

3d,

4th,

6th,

1st,

2d,

3d,

Town or Ward.

Name of Representative.

[ Warwick,
I Orange, .
■{ New Salem,
I Erving, .
l^ Shutesbury,

fNorthfield,
! Gill,

I Montague,
l^ VVeudell,.

( Leverett, .
i Sunderland,
<; Whately,.
I Deerfield,
i^ Conway, .

( Ashfield, .
Buckland,
Charlemont,
Colrain, .

^ Hawley, .
Heath, .
Leyden, .
Rowe,

1^ Monroe, .

Wm. II. Hemenway,

Henry D. Bardwell,.

Horace E. Miller,*

Ransom W. Gillett, .

Shutesbury.

Montague.

Conway.

Heath.

COUNTY OF BERKSHIRE.

f New Ashford, .
I Willianistown,
<( North Adams,
i Florida, .
l^ Clarksburg,

Adams, .
Cheshire,
Savoy,

( Hancock,

Lanesborough

Lenox,
, Windsor,.
1 Peru,

Hinsdale,
I Washington,
^^ Richmond,

Gilbert L. Jewett, .
William W. Gallup,

Franklin C. Bourne,

Edgar E. Jordan,

North Adams.
Clarksburg-.

Savoy.

Windsor.

* Deceased June 12.

666

House of Representatives.

COUNTY OF BERKSHIRE — Concluded.

4th,
5th,

6th,
7th,

Town 01- Ward.

(Pittsfield, Wards 1,
^ 2, 3, 4, 5, 6, 7,
Q Dal ton, .

^ Stockbridge, .
< Lee,
(^Becket, .

( West Stockbridge,
! Alford, .
1 Egremont,
[Great Bai'rington,

( Monterey,

Otis,
I Sandisfield,
■{ New Marlborough,

Sheffield,
1 Mt. Washington,
l^Tyriugham, .

Name of Kepresentative.

Franklin F. Reed, ,
Roland E. Burbank, .

Anson Buck,

John N. Easland,

Charles H. Hale,

Pittsfield.
Pittsfield.

Stockbridge.

G. BaiTington.

Tyringham.

COUNTY OF NORFOLK.

1st,

2d,
3d,

4th,
5th,
6th,

7th,
8th,

J Dedham, .
I Norwood,

Brookline,

Hyde Park,

^ IMilton, .
( Canton, .

C Quincy, Wards

< 3, 4, 5, 6,
(^Weymouth,

< Braintree,
( Holbrook,

■ Randolph,
Stoughton,

«{ Avon,
Sharon, .

^ Walpole, .

( Franklin,
I Foxborough,
! Wrenthani,
I Bellingham,

Medway, .
[Norfolk, .

1,2,

George S. Winslow,

Jacob P. Bates,
Wilbur H. Powers, .

George R. R. Rivers,

John R. Graham,
James F. Burke,
Zechariah L.Bicknell,

B. Herbert Woodsum,

Robert P. Capen,
Timothy F. Quiun,

Amos P. Woodward,
Henry E. Ruggles, .

Norwood.

Brookline.
Hyde Park.

Milton.

Quincy.
Quincy.
Weymouth.

Braintree.

Stoughton.
Sharon.

Franklin.
Franklin.

House of Representatiyes.

COUNTY OF NORFOLK — Concluded.

667

District.

Town or Ward.

Name of Representative.

Kesldence.

9tli,

fNoedham,
1 Dover, .
<; Medfield, . . }

Wellesley,
^Millis, . . .j

Nathan F. Harding,

Medfield.

COUNTY OF PLYMOUTH.

1st,
2d,

3d,

4th,

6th,
6th,

7th,

8th,

9th,

10th,
11th,
12th,

Plymouth,

f Marshfield, .
J Plympton,
j Kintyston,
1^ Duxbury,

( Scituate, .
J Norwell, .
j Hanson, .
(^ Pembroke,

^Cohasset,
) Hingham,
(Hull,

^ Rockland,
^ Hanover,

^ Whitman,
I Abington,

fMattapoisett, .
I Marion, .
<{ Wareham,
I Rochester,
1^ Carver, .

^ Middleborough,
) Lakeville,
(Halifax, .

Bridgewater, .
East Bridgewater,
West Bridgewater,

Brockton, Wards 4
5, 6, .

Brockton, W^ards 2
3,.

Brockton, Wards 1
7,.

r™

Edward B. Atwood,
E. Elbridge Atwood,

Thomas Barstow, .

Amos A. Lawrence, .

Joshua S. Gray,
Jerem'h T. Richmond

> '. Hiram W. BarrowB,

George L. Soule,

George C. Howard, .

George H. Garfield, .
Emery M. Low,
David W. Battles, .

Plymouth.
Kingston.

Norwell.

Cohasset.

Rockland.
Abington.

Wareham.

Middleborough.

W.Bridgewater.

Brockton.
Brockton.
Brockton.

668

House op Repkesentatives.
county of bristol.

1st,

2d,
3d,

4th,

5th,
6th,
7th,

8th,

9th,

10th,

Town or Ward.

Uame of Representative.

f' Attleborough, . ."j

J N. Attleborough, . !

j Norton, . . . |

l^ Seekonk, . . . j

r Mansfield,
^ Easton, .
(^Raynham,

C Taunton, Wards 1,
} 2, 3, 4, 5, 6, 7, 8, .
(^Berkley, .

^Fairhaven,
■? Acushoet,
Q Freetown,

^ New Bedford, W'ds )
^1,2,3,. . .\

5 New Bedford, Wds?
^4,5,6,. . .$

< Westport, . . )
( Dartmouth, . . \

(Fall River, Wards)
I 1,2,3,4,6,. .j

3 Fall River, Wards )

I 5, 7, 8, 9, . .1

( Dighton, . . . ^

j Somerset, . . i

] Swanzev, . . |

(^ Rehoboth, . , J

Everett S Horton,
Andrew H. Sweet,

Stephen R. Lincoln,

Geoi'ge A. Crane,
George P. Cutler,
J. Lewis Austin,

Silas P. Richmond,

Benjamin B. Barney,
Samuel Ross, .

George F. Tucker, .
Frank W. Francis, ,

James E. Allen,

Patrick B Luby,
Edw. J. Heffernan, .
Francis Connolly, .

Patrick Delanev,
Michael F. Sullivan,

William Luther,

Attleborough.
Norton.

Raynham.

Taunton.
Taunton.
Taunton.

Freetown.

New Bedford.
New Bedfoi'd.

New Bedford.
New Bedford.

Dartmouth.

Fall River.
Fall River.
Fall River.

Fall River.
Fall River.

Somerset.

COUNTY OF BARNSTABLE.

1st,

f Falmouth,
I Bourne, .
I Sandwich,
<J Mashpee,

Barnstable,
I Yarmouth,
(^Dennis, .

Charles H Nye,
Elkanah Crowell,

Barnstable.
Yarmouth.

House of Eepresentatives.

COUNTY OF BARNSTABLE — Concluded.

669

District.

Town or Ward.

Xame of Kepresentative.

Residence.

r Harwich,

•1

2d,

I Chatham,
1 Brewster,

Osborn Nickerson, .

Chatham.

(^Orleans, .

fEastham,
, Wellfleet,
"^ Truro,
[ Provincetown,

3d,

Robert B, Jenkins, .

Wellfleet.

COUNTY OF DUKES COUNTY.

1st,

fChilmark,
I Cottage City,
J Edgartown,
I Gay Head,
I Gosnold, .
l^Tisbury, .

Ulysses E. Mayhew,

Tisbm'y.

COUNTY OF NANTUCKET.

1st,

Nantucket,

Arthur H. Gardner,

Nantucket.

EDWARD A. Mclaughlin,

DANIEL W. WALDRON, .
JOHN G. B. ADAMS, .

Clerk.
Chaplai7i.
Sergecmt-at-A rms.

670 Judicial Department.

JUDICIAL DEPARTMENT.

SUPREME JUDICIAL COURT.

CHIEF JUSTICE.

WALBRIDGE A. FIELD, of Boston.

ASSOCIATE JUSTICES.

CHARLES ALLEN of Boston.

OLIVER WENDELL HOLMES, Jr., ... 0/ Boston.

I^IARCUS P. KNOWLTON, of Springfield.

JAMES M. MORTON of Fall River.

JOHN LATHROP, of Boston.

JAMES MADISON BARKER, . . . .of Pittsfield.

SUPERIOR COURT.

CHIEF JUSTICE.

ALBERT MASON of Brookline.

ASSOCIATE JUSTICES.

P. EMORY ALDRICH, of Worcester.

CALEB BLODGETT of Boston.

CHARLES P. THOMPSON of Gloucester.

JOHN W. HAMMOND of Cambridge.

JUSTIN DEWEY of Springfield.

EDGAR J. SHERMAN, of Lawrence.

JAMES R. DUNBAR, of Brookline.

ROBERT R. BISHOP, of Newtoyi.

HENRY K. BRALEY, of Fall River.

DANIEL W. BOND, of Northampton.

JOHN HOPKINS, of Millbury.

ELISHA BURR MAYNARD, . . . .of Springfield.
FRANKLIN G. FESSENDEN, . . . .of Greenfield.

JOHN W. CORCORAN, of Clinton.

JAMES B. RICHARDSON, of Boston.

Judicial Department.

6^1

JUDGES OF PEOBATE AND INSOLYENCY.

JOHN W. McKIM, Boston, .... Suffolk.

IIOLLTN E. HARMON, Lynn Essex.

GEORGE U. BROOKS, Concord, . . . Middlesex.

WTLIJAM T. FORBES, Westboroiigh, . . Worcester.

AVILLLVM G. BASSETT, Northampton, . . Hampshire.

WH.LIAM S. SHURTLEFF, Springfield, . . Hampden.

CHESTER C. CONANT, Greenfield, . . . Franklin.

JAMES T. ROBINSON, North Adams, . . Berkshire.

GEORGE WHITE, Wellesley, .... Norfolk.

BENJAMIN W. HARRIS, East Bridgewater, . Plymouth.

WILLIAM E FULLER, Taunton, . . . Bristol.

HIRAM P. HARRIMAN, Welltieet, . . . Barnstable.

JOSEPH T. PEASE, Edgartown, . . . Dukes.

THADDEUS C. DEFRIEZ, Nantucket, . . Nantucket.

EEGISTERS OF PEOBATE AND INSOLVENCY.

ELIJAH GEORGE, Boston,
JEREMIAH T. MAHONEY, Salem, .
SAMUEL H. FOLSOM,* Winchester,
FREDERIC W. SOUTHWICK, Worcester
HUBBARD M. ABBOTT, Northampton,
SAMUEL B. SPOONER, Springfield,
FRA^XIS M. THOMPSON, Greenfield,
EDWARD T. SLOCUM, Pittsfield, .
JONATHAN COBB, Dedham, .
JOHN C. SULLIVAN, Middleborough,
JOHN H GALLIGAN, Taunton,
FREEMAN H. IX)THROP, Barnstable,
BERIAH T. HILLMAN, Chilmark, .
BENJAMIN F. BROWN, Nantucket,

Suffolk.

Essex.

Middlesex,

Worcester.

Hampshire.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol,

Barnstable.

Dukes.

Nantucket.

DISTRICT ATTORNEYS.

OLIVER STEVENS, Boston, .... Suffolk.

PATRICK H. COONEY, Natick, . . . Northern.

WILLIAM H. MOODY, Haverhill, . . . Eastern.

HARVEY H. PRATT, Abington, . . . Southeastern.

HOSEA M. KNOWLTON, New Bedford, . . Southern.

FRANCIS A. GASKILL, Worcester, . . . Middle.

CHARLES E. HIBBARD, Pittsfield, . . . Western.

JOHN A. AIKEN, Greenfield, .... Northwestern,

* Appointed to fill vacancy caused by the decease of Joseph H. Tyler.

G72

^Judicial Department.

SHERIFFS.

JOHN B. O'BRIEN, Boston,
HORATIO G. HERRICK, Lawrence,
HENRY G. GUSHING, Lowell, .
SAMUEL D. NYE, Worcester, .
JAIRUS E. CLARK, Northampton,
SIMON BROOKS, Springfield, .
GEORGE A. KIMBALL, Greenfield,
JOHN CROSBY, Pittsfield, .
AUGUSTUS B. ENDICOTT, Dedham,
ALPHEUS K. HARMON, Plymouth,
ANDREW R. WRIGHT, Taunton, .
JOSEPH WHITCOMB, Provincetown,
JASON L. DEXTER, Edgartown, .
JOSIAH F. BARRETT, Nantucket, .

. Suffolk.

. Essex.

. Middlesex.

. Worcester.

. Hampshire.

, Hampden.

. Franklin.

. Berkshire.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

CLEKKS OF COURTS.

HENRY A. CLAPP, Boston, Clerk of the Supreme Judicial Court

for the Commonwealth.

JOHN NOBLE, Boston, Suj^reme Judicial Court, . Suffolk.

JOSEPH A. WILLARD, Boston, Sup. Ct. Civil Bus., ) c.r.-.^^x ^

' ^ > but folk.

JOHN P. MANNING, Boston, Sup Ct. Grim. Bus., S

DEAN PEABODY, Lynn, Essex.

THEODORE C. HURD, Cambridge, .... Middlesex.

THEODORE S JOHNSON, Worcester, . . . Worcester.

WILLIAM H. CLAPP, Northampton, . . . Hampshire.

ROBERT O. MORRIS, Springfield, .... Hampden.

EDWARD E. LYMAN, Greenfield, .... Franklin.

HENRY W. TAFT, Pittsfield Berkshire.

ERASTUS WORTHINGTON, Dedham, . . . Norfolk.

EDWARD E. HOBART, Bridgewater, . . . Plymouth.

SIMEON BORDEN, Fall River, Bristol.

SMITH K. HOPKINS, Barnstable, .... Barnstable.

SAMUEL KENISTON, Edgartown, .... Dukes.

JOSIAH F. MURPHEY, Nantucket, .... Nantucket.

Members of Congress.

673

MEMBERS OF THE FIFTY-SECOND CONGRESS.

[Congressional Districts established by Chap. 253, Acts of 1882.]

Senators.

HENRY L. DAVA^ES,
GEORGE F. HOAR, .

of Pittsfield.
of Worcester.

Representatives.
District I. — CHARLES S. RANDALL, .
IL — ELLJAH A. MORSE, .
in. — JOHN F. ANDREW, .
iy._ JOSEPH H. O'NEH., .
v. — SHERMAN HOAR, ,
VL — HENRY CABOT LODGE,,
VH. — WILLIAM COGSWELL, .
yilL — MOSES T. STEVENS,
IX —GEORGE FRED WILLIAMS,
X. — JOSEPH H. WALKER, .
XL — FREDERIC S. COOLIDGE,
XIL — JOHN C. CROSBY, .

of New Bedford.

of Canton.

of Boston.

of Waltham.

of Nahant.

of Salem.

oj North Andover.

of Dedham.

of Worcester.

of Ashburnham.

of Pittsfield.

APPENDIX.

The following tables have been prepared by Fisher Ames, Esq.,
appointed to that duty under chapter 238 of the Acts of 1882, which
directs the Governor to appoint some person to prepare "tables
showing what general statutes have been affected by subsequent
legislation, in such manner as to furnish ready reference to all
changes in such statutes."

TABLES

WHAT GENERAL STATUTES OF THE COMMONWEALTH

HAVE BEEN AFFECTED BY SUBSEQUENT

LEGISLATION.

CHAjS^GES in the "PUBLIC STATUTES."

Chapter 1. — Of the Jurisdiction of the Commonwealth and Places
ceded to the United States.

Sect. 1. Provision is made for defining the boundary line between
Massachusetts and Rhode Island. St. 1883, 113, 154. And between
Massachusetts and New Hampshire. Res. 1885, 73; 1886, 58; 1891, 70,

Sect. 3. A part of Gallop's island in Boston harbor is added. St.
1889, 27. And certain lands in Winthrop. St. 1891, 81.

Sect. 4. Lands for the use of the United States fish and fisheries com-
mission added. St. 1882, 131.

Chapter 2.— Of the General Court.

The employment of legislative counsel and agents is regulated and pro-
vision made for returns of the expenses therefor. Sts. 1890, 456 ;
1891, 223.

Sect. 5 et seg. Manner of publishing notice and presenting petitions
changed in certain cases. Sts., 1885, 24; 1890, 302.

Sects. 15, 16. Compensation of members changed. The issuing to or
acceptance by them of free railroad passes is forbidden. St. 1892, 59.
(See 1884, 319; 1886, 352.)

Sects. 17, 18. Compensation of door-keepers, messengers, postmaster*
and pages fixed. St. 1887, 116. (See 1882, 257. Res. 1892, 99.)

Sects. 21, 22. Clerks' salaries fixed and allowance made for clerical
assistance. Sts. 1882, 257; 1884, 329, 334; 1888, 1.

Sects. 24, 35 repealed. St. 1884, 60.

Sect. 27. Number of door-keepers, etc., increased. St. 1882, 257, § 4.

678 Changes in the [Chap. 2.

Sect. 32. Publication and posting of proposed amendments to the con-
stitution provided for. St. 1892, 124.

Sect. 34. When Christmas falls on Sunday, the following Monday is
a holiday. St. 1882, 49.

A commission is established to promote uniformity of legislation in the
United States. St. 1891, 405.

Chapter 3. — Of the Statutes.

Sect. 1. When an act is to be voted on for acceptance by a municipal
or other corporation, a return of the vote must be made to the secretary of
the Commonwealth. St. 1883, 100.

Sect. 3. Words " mayor and aldermen" defined. St. 1882, 164.

" Net indebtedness " of towns, cities and districts defined. St.
1883, 127.

Legal notices may be published in a periodiaal devoted exclusively to
legal news. St. 1885, 235.

Chapter 4. — Of the Printing and Distribution of the Laws and Public

Documents.

Tables of changes in the general statutes, and indexes, to be prepared
and published. St. 1882, 238. And supplements to the Public Statutes.
St. 1888, 383. (See Res. 1891, 60.)

Provision made for a compilation of a histor}' of the part taken by
Massachusetts soldiers and sailors in the war of the rebellion. St. 1889,
374; 1891, 235. (See Res. 1892, 67.) And in the revolutionary war.
St. 1891, 100.

This chapter is revised. St. 1889, 440. (See 1883, 55 ; 1884, 166 ;

1885, 369 ; 1888, 23, 85, 122, 186, 191, 256 ; 1889, 32, 35, 124, 150, 164,
212. Res. 1889, 13, 18 ; 1892, 31, 46, 62, 88.)

Subsequent changes in reports, etc. : Arbitration ; St. 1891, 191. County
accounts ; 1891, 292. Registration in dentistry ; 1891,76. Foreign mort-
gage corporations ; 1890,50. Manual of general court : 1891,292. Sta-
tistics of labor ; 1890,97. Statistics of manufactures ; 1891,193. Metro-
politan sewerage; 1891, 292. Superintendent of prisons; 1891, 292.
Savings banks ; 1890, 126. (See Res. 1892, 103.) Registrars of voters;
1890, 223.

Map of congressional districts. Res. 1892, 46.

P^xpress and postage on documents forwarded to members of the general
court are to be paid by the Commonwealth. St. 1889, 53. And on State
publications sent to free public libraries. St. 1892, 422.

Sect. 5 et seq. Provision made for reports of capital cases. St.

1886, 214.

Sect. 7. "Of labor" is added after "bureau of statistics." St.
1882, 6.

Sect. 9. Provision made for publication of election cases. Res.

1886, 36.

Contract for State printing provided for. Res. 1892, 90. (See Res.

1887, 16.

Sect. 10 amended. St. 1882, 158.

Chap. 4.] PuBLIC STATUTES. 679

Sect. 12. Provision for distributing the "Index digest." St.
1887, 118.

Chapter 5. — Of the State House, the Sergeant-at-Arms and State

Library.

Additional accommodations are provided for. Sts. 1882, 262 ; 1888,
349"; 1889, 300, 394. Res. 1891, 21, 25 ; 1892, 34, 96.

Sects. 4, 6, 9, 10. The duties of the sergeaut-at-arms are revised, cer-
tain appointees designated and salaries fixed, and the charge of certain
buildings and repairs provided for. St. 1887, 128. (See 1884, 14, 333.)

The sergeant-at-arnis shall keep dockets of legislative counsel and agents.
St. 1890, 456, § 2.

Sect. 12 is revised. Contingent expenses of the council and officers in
the State house are omitted. St. 1887, 128.

Sect, lb et seq. The trustees and librarian are authorized to prepare an
index of current events. St. 1892, 140.

Sect. 17. Salary of assistant librarian and clerk of the board increased.
St. 1892, 287. (See 1887, 209.)

Sect. 18. Additional allowance made for assistance in State library.
St. 1891, 24. (See 1882, 29 ; 1886, 66.)

Sect. 20. Appropriation for books, furniture, etc., increased. Sts.
1882, 196; 1888, 24.

Chapter 6. — Of the Qualification and Registration of Voters.

This chapter is revised. St. 1892, 351. (See 1882, 247, 268; 1884,
298; 1885, 246, 271, § 6, 345, § 6; 1886, 68, 264; 1887, 249, 329, 432;
1888, 200; 1889, 69, 196, 337, § 1, 404; 1890, 423, §§ 2-65, 208; 1891,
242, 277, 286, 290, 395.)

The registration act applies to all cities or towns notwithstanding any
special act. St. 1892, 351, § 48.

In prosecutions for violations of laws relating to qualification, registra-
tion, etc., of voters, the presumption is in favor of the regularity of the pro-
ceedings. St. 1890, 393.

Sect. 11. Provision made for better representation of political parties
in boards of registrars. St. 1891, 395. (See 1887, 432 ; 1890, 423, § 18.)

Sect. 12. Registrars are to certify nomination papers. Sts. 1889, 413,
§ 4 ; 1890, 436. (See 1888, 436, § 4.)

Sect. 18. See St. 1888, 436, § 14; 1892, 124.

Sect. 19. See St. 1888, 436, § 10.

Chapter 7. — Of the Manner of Conducting Elections and Returning

Votes.

This chapter repealed and revised. Sts. 1890, 423, §§ 66-145 ; 1891, 256,
277, 314, 328, 329 ; 1892, 51, 124, 190, 224, 280, 316, 332, 367, 405, 431,
(See 1882, 28, 74, 260; 1883, 49, 229; 1884, 299; 1885, 220, 248, 268,
351 ; 1886, 49, 262, 264 ; 1887, 272, 371 ; 1888, 146, 164, 203, 436 ; 1890,
175, 219, 223.)

The Australian system, so called, of printing and distributing ballots
and voting, is adopted. Sts. 1888, 436 ; 1889, 413 ; 1890, 38G, 436 ; 1891,

680 Changes in the [Chap. 7.

10, 31, 74, 155, 238, 269, 270, 278, 305 ; 1892, 279, 316, 367. (See 1882,
28, 74, 260 ; 1884, 299 ; 1885, 142, 248 ; 1886, 49 ; 1888, 353.)

Ballot law commission established. St. 1892, 406. (See 1889, 413,
§ 7; 1890, 436, § 5; 1891, 270.)

Election officers in cities are to be appoiuted in September. St.
1891, 256.

Supervisors of elections provided for. St. 1891, 264. (See 1884, 299,
§ 9; 1885, 268; 1886, 264, § 14; 1891, 256.)

Provision to prevent corrupt practices and for publicity of expenses in
elections. St. 1892, 416.

Caucuses are regulated. St. 1888, 441. (See 1888, 436, §§ 2-9.)

Provision to protect candidates against anonymous circulars and posters.
St. 1890, 381.

Provision for new commissioners of appeals, and for objections to and
withdrawals of nominations. Sts. 1890, 436; 1891, 155, 278.

Hour of opening polls fixed. St. 1891, 314.

A voter needing assistance may require it of an election officer of a par-
ticular party. St. 1891, 238. (See 1886, 436, § 25.)

A uniform system of canvassing and counting ballots, and forms and
apparatus, are provided for. St. 1891, 328; 1892, 224, 431. (See 1882,
28; 1883, 42; 1884, 299; 1885, 108, 'ICr} ; 1886, 262, 264; 1888, 164.)

Giving information, except as required by law, as to a challenged bal-
lot is made an offence. St. 1892, 332. And fraudulent marking of ballots.
St. 1892, 367.

Provision made for examination and correction of returns of election
officers in towns divided into voting precincts. St. 1892, 190, 224. (See
1890, 423_, §§ 72, 95 ; 1891, 328.)

Reckoning time under election laws regulated. St. 1891, 74, § 1.

Care, custody and repair of State ballot boxes to be under direction of
secretary of the Commonwealth. St. 1891, 329, § 1.

In prosecutions for violations of election laws, the presumption is in
favor of the regularity of official proceedings. St. 1890, 393.

Chapter 8. — Of the Election of Governor and other State Ofacers.

This chapter is revised. St. 1890, 423, §§ 146-164. (See 1884, 299 ;
1885, 107; 1886, 262.)

New districts are established: Councillor. St. 1886,348. Senatorial.
St. 1886, 338. Representative. St. 1886, 256.

Chapter 9. — Of the Election of Representatives in Congress and
Electors of President and Vice-President.

This chapter is revised. Sts. 1890, 423, §§ 165-187; 1892, 279. (See
1888, 382.)

New congressional districts established. The requirement of residence
in the district is omitted. St. 1891, 396. (See 1882, 253.)

Chapter 10.— Of the Election of District and County Oflacers.

This chapter is revised. Sts. 1890, 423, §§ 188-207 ; 1892, 115.
Method of filling vacancy in office of county commissioners established.
St. 1892, 115.

Chap. 11.] PuBLIC STATUTES. 681

Chapter 11. — Of the Assessment of Taxes.

Provision is made for a State tax on certain collateral successions and
grants. Sts. 1891, 425 ; 1892, 379.

Polls and estates established as a basis for apportionment of State and
county taxes. St. 1892, 9G. (See 1883, 71 ; 188G, 73 ; 1889, 103.)

The rate of taxation is limited in cities. Sts. 1885, 312, § 1 ; 1887, 281.
(See 1885, 178, 281 ; 1892, 45.)

The assessors may divide any ward in a city into convenient assessment
districts. St. 1889, 115.

They must print and distribute in cities and certain towns, and post in
other towns, lists of voters and polls. St. 1892, 351, §§ 7-10. (See
1884, 298, § 19; 1888, 206; 1889, 404, § 1 ; 1890, 305, 423, §§ 25, 26;
1891,277.)

Sect. 4. " Or indebtedness " substituted for " due " in sixth line. St.
1882, 76. "Words " this proviso shall apply to corporations mentioned in
Pub. St., ch. 13, § 46," added. St; 1887, 228.

Eailroad bonds are made taxable. St. 1888, 363.

Personal property leased for profit is made taxable, where situate, to the
owner or person having possession. St. 1889, 446.

Sect. 5, CI. 3, is revised. Certain societies and associations are added.
St. 1889, 465. (See 1882, 217; 1886, 231 ; 1888, 158.)

CI. 9. Certain real estate of unincorporated horticultural societies is
exempted. St. 1884, 176.

CI. 10. It does not affect the exemption that the property is owned in
common with others. St. 1885, 169.

CI. 12. See St. 1884, 298, § 7.

Sect. 10. The provisions of this section are extended. St. 1891, 116.
(See 1887, 373 ; 1889, 286.)

Sect. 13. The person appearing as the owner of record is to be held to
be the true owner even though deceased. St. 1889, 84.

Sect. 14 amended. "Taxable real estate," in firet line, changed to
" real estate not exempt from taxation under section five of this chapter."
St. 1882, 175.

Sects. 14-16. See St. 1888, 390, §§ 30, 63.

Sect. 20. Provision made for assessment of personal property held by
an assignee in insolvency, or for creditors ; and of personal property held
by joint owners or tenants in common and partners. St. 1882, 165.

Royalty-paying machines are assessable. St. 1887, 125.

CI. 6. See St. 1888, 390, § 26.

CI. 7. See St. 1891, 425.

Sect. 31. See St. 1892, 280.

Sect. 31 et seq. Rate of taxation in cities limited. St. 1885, 312.
(See 1885, 178, 281 ; 1892, 45.)

Sect. 34. See St. 1882, 133.

Sect. 38. Returns of mortgages of real estate provided for. St. 1882,
175, § 1. And of property held for literary, benevolent, charitable or
scientific purposes. Sts. 1882, 217; 1888, 323.

G82 Chai^ges in the [Chap. 11.

Sect. 38 et seq. Time for applications to be assessed extended. Even-
ing sessions of assessors provided for. Sts. 1884, 298 ; 1888, 200.
Sect. 39 amended. St. 1891, 381.

Sect. 49. Tiie overlay is valid, although it may cause the tax to exceed
the legal limit. St. 1887, 226.

Sect. 50. Provision for free access to lists of valuation and assessment.
St. 1888, 307.

Sect. 52. Table of aggregates to be deposited every year and new
items included. St. 1887, 86. (See 1886, 56.)

Sect. 53. "Names and residences of persons assessed" to be given in
column one. St. 1883, 41.

Correction of errors in names on tax bills provided for. Sts. 1884, 298,
§ 26; 1889, 404, § 1.

Sect. 54 is revised, and new items of return added. Sts. 1890, 242 ;
1891, 65. (See 1885, 106 ; 1886, 56 ; 1887, SQ.)

Sects. 54, 55. Returns and copies of assessors' books to be deposited
with secretary of the Commonwealth every third year ; copy of table of
aggregates every year. St. 1883, 91.

Sect. 61. Assessors to certify amount assessed upon each poll as State
and county tax respectively. St. 1889, 467, § 1.

Sect. 69. Tenants under obligation to pay taxes may apply for abate-
ment. St. 1888, 315.

Sects. 69-77. Appeal may be made to superior court. St. 1890, 127.
Sect. 71. Provision for costs on appeals. St. 1882, 218. (See 1890,
127, § 7.)

Sect. 73. See Sts. 1884, 298, § 11 ; 1888, 200, § 1.
Sect. 77. Dues or taxes for school books may be abated under this
section. St. 1885, 67.

Sect. 78. Time for assessing omitted taxes extended in certain cases.
Sts. 1886, 85 ; 1888, 362.

Sect. 90. Assessors must send to tax commissioner all lists and state-
ments received of exempt property. St. 1882, 217, § 3.

Sect. 91. Amount of sinking funds or proportionate annual payments
of debts must be given. St. 1882, 133, § 2.

Sect. 92. As to Boston, see St. 1882, 252, § 5.

Sect. 93. Apportionment of State and county taxes is to be stated on
tax bills of males assessed for poll-tax only, and they are not entitled to a
certificate under this section. St. 1889, 467, § 2. (See 1884, 298, § 8.)

Sects. 96, 97. For apportionments, see Sts. 1883, 71 ; 1886, 73 ; 1889,
103; 1892, 96.

Chapter 12. — Of the Collection of Taxes.
This chapter is repealed and the law as to the collection of taxes revised
and codified. Sts. 1888, 390; 1889, 2.53, 334; 1890,331; 1891, 288;
1892, 109, 168, 370. (See 1882, 243; 1883, 101 ; 1884, 162, 242; 1886,
320; 1887, 110, 142.)

The service of process in the collection of taxes is regulated. St.
1892, 168.

Provision made for preservation of accounts, papers and records relating
to assessment and collection of taxes. St. 1892, 370.

CiiAi'. 12.] Public Statutes. G83

State treasurer may sue to recover the State legacy and succession tax.
St. 181)1, 4-ir), § 18.

Provision to prevent excessive charges in redemption of tax titles. St.
1891, 288.

Chapter 13. — Of the Taxation of Corporations.

OtHce of deputy tax commissioner abolished and that of tax commis-
sioner establislied ; the duties defined and salary fixed. Sts. 1890, 160;
1891, 233. (See 1882, 217, § 3, 252, § 5 ; 1887, 214, § 94, 342, § 1.)

Provision made for counsel to defend suits to recover a national bank
tax paid to a city or town. St. 188G, 332.

Sect. 2. Salaries of clerks fixed and allowance made for clerical assist-
ance. Sts. 1887, 342, § 2 ; 1891, 342.

Sect. 6. See St. 1882, 217, § 3, 252, § 5.

Sects. 17, 40. Title insurance companies are to be taxed under these
sections. Sts. 1884, 180; 1887, 214, § 64.

Sect. 20. The exemption is extended. (See ch. 116, § 20, cl. 8.) St.
1883, 248. (See 1886, 77.)

Sects. 20, 22. Provision for repayment of tax on real estate used for
banking purposes. Sts. 1890, 406 ; 1891, 171.

Sect. 24 repealed. Name changed to " co-operative bank." St. 1885,
121, § 3.

The capital stock, franchises and personal estate, but not the real estate,
of co-operative banks are exempted. St. 1890, 63.

Sect. 25 et seg. The provisions as to the taxation of insurance com-
panies are revised. Sts. 1887, 214, §§ 19, 61, 283 ; 1890, 197 ; 1892, 129.

SiXTs. 26, 34, 37 are amended. Sts. 1887, 283; 1890, 197; 1892, 129.

Sect. 33 amended. AVhen reinsurance is effected otherwise than by
licensed resident agent no deduction is to be made for sums paid therefor.
St. 1888, 154. (See 1887, 214; 1890, 197; 1892, 129.)

Sects. 38-40. Telephone companies are to be taxed under these sec-
tions. Sts. 1885, 238; 1886, 270.

Sects. 40, 52, 53, 54, 57, 58, 59. Taxation of safe deposit, loan and
trust companies regulated. St. 1888, 413, §§ 21-24.

Sect. 43. Taxation of foreign mining, quarrying, land and oil com-
panies regulated. Sts. 1882, 106 ; 1883, 74; 1884, 330; 1886, 230.

Sect. 46. Corporations mentioned in tliis section are within the proviso
of eh. 11, § 4, as to local taxation. St. 1887, 228.

Sects. 61, 62. Appeal may be made to superior court. St. 1890, 127.

Chapter 14. — Of the Militia.

This chapter is repealed and the militia laws revised. Sts. 1887, 411 ;

1889, 360; 1«90, 425; 1891, 232; 1892, 238, 366. (See 1882, 97, 154,

§11, 178, 179; 1884, 45, 230; 1885, 147, 236; 1886, 63, 105; 1888,366,

384; Res. 1882, 115.)

A naval brigade is established. St. 1892, 366. (See 1888, 366.)
Provision made for armories in cities. St. 1888, 384. (See 1892, 134.)
The law defining what bodies of men may parade with arms is revised.

St. 1890, 425, § 10.

G84 Changes in the [Chap. u.

Provision is made for appointment of a State military and naval his-
torian. Sts. 1889, 374; 1891, 235. And for a compilation of records of
tlie revolutionary war. Res. 1891, 100.

Chapter 15. — Of the Executive Department and the Secretary of the

Commonwealth.

Sects. 1-10. Salaries fixed: Governor; St. 1892, 101. (See 1884,
328.) Governor's private secretary and executive clerk; St. 1891,411.
(See 1884, 8; 1885, 77; 1887, 83.) Executive messenger; 1891, 429.
(See 1884, 38; 1887,221.) Stenograplier ; 1892, 16. Secretary of the
Commonwealth; 1888,385. (See 1884, 79.) First and second clerks;

1891, 410. (See 1885, 87; 1886, 238.) Third clerk; 1887, 26. (See

1883, 48.) Allowance for messenger and clerk hire; 1890, 239. (See

1884, 15; 1889, 101.)

The secretary is required to give bond and make annual reports. St.

1892, 262.

Sect. 9. Certain duties are imposed on the secretary in regard to elec-
tions. Sts. 1888, 436, § 14; 1891, 328, 329; 1892, 417, § 18. And in
reo^ard to returns of medical examiners. St. 1885, 379, §§ 4-6. And in
regard to proposed amendments to the constitution. St. 1892, 124, § 2.

Sect. 12. Form and device of the great seal established. St. 1885, 288.

Sect. 15 is repealed. Blank forms for returns are to be furnished by
the commissioners of prisons. St. 1882, 226.

Chapter 16. — Of the Auditor, Treasurer, and Matters of Finance.

The par of exchange established by U. S. Rev. St., § 3565, is adopted.
St. 1882, 110.

The accounts of certain State institutions are to be kept by the auditor.
Sts. 1887, 87; 1891, 384.

Provision made for auditing accounts of county officers, officers of infe-
rior courts and trial justices, and for returns and payments by them. Sts.
1887, 438 ; 1888, 275 ; 1890, 216, 306. (See 1886, 169.)

Provision made for an agent to prosecute claims of the Commonwealth
against the United States. Res. 1883, 45.

Claims under Sts. 1862, 62 ; 1863, 254, to be filed with the auditor.
St. 1882, 112.

Clerks of courts, justices of courts having no clerks, sheriffs, masters of
jails, etc., must deposit public funds. St. 1890, 215.

Sect. 2. Salaries fixed: Auditor; St. 1889, 70. (See 1885, 195.)
Clerks; St. 1891, 375. (See 1885, 195; 1887, 30; 1888, 432.)

Sect. 7. Time for auditor's report changed. St. 1884, 207.

Sect. 17. Clerks provided for and salaries of treasurer and clerks
fixed. Sts. 1883, 164; 1885,263; 1886,38,334; 1889,349. (See 1882,
111; 1885, 15.)

Extra clerical assistance allowed for care of trust deposits to be assessed
upon corporations, etc., making deposits. St. 1891, 233.

Sect. 18 superseded. St. 1890, 160.

Sects. 19, 26, 60. Provision for management of surplus accumulations
of sinking funds. St. 1891, 259.

Chap. 16.] PUBLIC STATUTES. G85

Treasurer shall receive from the United States, and pay over, sums for
the soldiers' home. St. 1890, 373.

Sect. 26. Annual financial estimates are to be made to the auditor.
St. 1885, 41.

Sect. 28. Advances for small expenses and method of accounting
therefor provided for. Sts. 1884, 179; 1887, 270, § 5, 438; 1888, 180,
322; 1890, 58; 1891, 54.

Sect. 42 repealed, and power of committees to cause hearings to be
advertised limited. St. 1885, 371. (See 1885, 24.)

Sect. 52. Money from sales of public property must be accompanied
by a sworn itemized account, approved by the proper officers. St.
1884, 326.

Sect. 53. Suits for collateral legacy and succession tax are to be
brought by the treasurer. St. 1891, 425, § 18.

Sect. 55 extended to trust and safe deposit companies approved by the
governor and council. St. 1891, 310.

Sect. 60. The authorized investments of State funds are enlarged. St.
1882, 130.

Sects. 72, 73 repealed. 1887, 438, § 8. (See 1886, 169.)

Chapter 17 Of the Attorney-General and the District Attorneys.

Sects. 1,2. A second assistant allowed. St. 1888, 425.

Salaries fixed. St. 1889, 402. (See 1886, 216.)

Sect. 8 extended. St. 1892, 159.

Sect. 9. Attorney-general may cause reports of capital cases to be pub-
lished. St. 1886, 214.

Sect. 10. Allowance made for contingent expenses in civil cases in
which the Commonwealth is interested. St. 1890, 388.

Sects. 13-15. Salaries fixed and assistants allowed: Eastern district ;
Sts. 1882,156, 157; 1888,289. Middle; 1889, 250. (See 1885,168.)
Assistant; 1888,157. Southern; 1892, 319. South-eastern; 1888,267.
Assistant; 1891, 113. Suffolk; 1887, 160. First assistant; 1892, 233.
(See 1882, 245, § 2; 1887, 160.) Second assistant; 1887, 160. (See
1882, 245, § 2.) Clerk; 1889, 238. (See 1882, 245, § 2; 1887, 160.)
Western; 1887, 97.

Sect. 16. .Clerk of district attorney for south-eastern district may act
as his assistant. St. 1888, 267, § 2.

Chapter 18. — Of Notaries Public and Commissioners to administer
Oaths of Office and to take Acknowledgments of Deeds, etc.

Sect. 1. Notaries to have jurisdiction throughout and to be appointed
for the Commonwealth. St. 1891, 38.

Women who are attorneys at law may be appointed special commission-
ers to administer oaths, take acknowledgments and depositions and sum-
mon witnesses. Sts. 1883, 252; 1889, 197. (See 1882, 139.)

SEdT. 14. The oath may be taken before a United States minister or
consul. St. 1885, 31.

G86 Changes in the [Chap. 19.

Chapter 19. — Of the Board, of Harbor and Land Commissioners.

Certain duties are imposed on the commissioners as to the removal of
wrecks and obstructions in tide-waters. St. 1883, 260, §§ 1, 10.

Sect. 2. Custody of archives of Maine lands transferred to the secre-
tary of the Commonwealth. St. 1883, 99.

Sect. 3. Tlie commissioners have general care and supervision of the
Connecticut river and of structures therein. Sts. 1885, 344; 1891, 266.
(See 1882, 274; 1883, 183.)

They have the same charge of Commonwealth lands, not otherwise pro-
vided for, that they have of lands in tide-waters. St. 1886, 144.

They have supervision over great ponds. Licenses are restricted. St.
1888, 318.

Sect. 7. Regulations are established for Gloucester harbor ; St. 1885,
315. Harbor lines are established for East Boston ; St. 1882, 48. South
Bay, Boston; 1891, 309. Chelsea; 1887, 344. Gloucester; 1882, 103;
1883,109. Haverhill ; 1883, 104.

Sect. 9 et seq. A license is required to dam a navigable stream or outlet
of a great poncl for cranberry culture. St. 1892, 55.

Sects. 8, 10, 11, 12 apply to the Connecticut river. Sts. 1885, 344, §§
2, 3; 1891, 266.

Sects. 10-13, 16 apply to great ponds. St. 1888, 318, § 5.

Chapter 20. — Of the State Board of Agriculture.

An agricultural experiment station is established, and membership and
duties of board of control prescribed. Sts. 1882, 212 ; 1883, 105 ; 1885,
327; 1887, 31, 212; 1888, 333. -

A dairy bureau is established, to consist of three members of the board
of agriculture. Sts. 1891, 412; 1892, 139.

Provision is made for registration of pedigrees of horses. St. 1890, 334.
And for punishing false registration or giving false pedigrees of horses,
cattle, etc. St. 1887, 143 ; 1890, 334.

The agricultural college may receive moneys granted by the United States.
St. 1889, 111. (See 1887, 212.)

The trustees of the college are allowed certain expenses. St. 1889, 45.

Provision is made for a bounty for sugar beets and sorghum cane. St.
1883, 189.

Sect. 4. Assistant secretary provided for. St. 1891, 412, § 6. Salaries
fixed: Secretary; St. 1883, 184. Assistant; St. 1891, 412, § 6. Clerks;
Sts. 1891, 300; 1892, 143. (See 1887, 245.)

Allowance made for clerical services and for lectures. St. 1884, 66.

Sects. 5,6. The board is authorized to collect and circulate information
about abandoned farms. St. 1891, 280.

And to take measures to exterminate the " gypsy " moth. St 1891, 210.
(See 1890, 95.)

Chapter 21. — General Provisions relating to State Oflacers.

A civil service commission is established and appointments to service
regulated. Sts. 1884, 320; 1887, 364, 437; 1888, 41, 253, 334; 1889,
177, 183, 351, 352, 473 ; 1891, 140.

Chap. 21.] PuBLTO STATUTES. 687

Provision made for appointment of a State military and naval liistorian.
Sts. 1889,371; 1891, 23'). And for a compilation of records of State
soldiers and sailors in the revolutionary war. Res. 1891, 100.

Si:CT. 1. Tenure of oHice of officers appointed by governor and council
regulated. St. 1887, 364.

Skct. 7. Official bonds must be examined yearly, and, if insufficient,
renewed. St. 188o, 32.

Sect. 10. Treasurer's office hours regulated. St. 188G, 257.

Chapter 22. — Of Counties and County Commissioners.

Sect. 1. Muskeget and Gravelly islands annexed to Nantucket. St.
1887, 88.

Sect. 13. When the clerk is absent, commissioners shall appoint one of
their number clerk pro tempore. St. 1890, 198.

Sect. 14. Compensation fixed : Berkshire ; St. 1890, 133. Bristol ;
1889, 339. (See 1886, 251.) Essex; 1892, 354. (See 1885, 277.)
Franklin ; 1888, 65. Hampden ; 1889, 30. Hampshire ; 1887, 211. Mid-
dlesex; 1889, 303. (See 1885, 277.) Norfolk; 1892, 399. (See 1885,
277; 1891, 80.) Plymouth; 1892, 298. (See 1886, 251.) Worcester;
1891, 79. (See 1886, 251.)

Sect. 15. Meetings changed in Berkshire. St. 1883, 63.

Sect. 19. Oaths of treasurers and registers of deeds are to be recorded.
St. 1890, 308.

Sect. 20. Commissioners may examine reservoirs and dams, and pro-
ceed under P. S., ch. 190, §§ 53-58. St. 1891, 315.

Provision made for certain expenses of inferior courts and justices.
Sts. 1890, 440, § 11 ; 1891, 70, 325. And for rearranging, indexing and
recording certain records and dockets when worn, mutilated or indistinct.
Sts. 1891, 225; 1892, 253.

Orders drawn on county treasurers must be recorded, certified and
accompanied by original vouchers. St. 1890, 206.

Sect. 26 is limited to regular commissioners and made applicable to
issuing orders of notice. St. 1885, 91.

Chapter 23.— Of County Treasurers and County Finances.

Sect. 1. Record is to be made of oath of treasurer. St. 1890, 308.

Sect. 2. Salaries fixed: Berkshire; St. 1890, 133. (See 1889, 58.)
Bristol; 1889, 16. Essex; 1886, 133. Hampden; 1884, 112. Hamp-
shire; 1887, 159. Middlesex; 1887, 57. Norfolk; 1892, 295. (See
1890,143.) Plymouth; 1889, 260. Worcester ; 1886, 132.

Allowance for clerical assistance : Bristol ; St. 1892, 144. Essex ; 1889,
310. Middlesex; 1889, 85.

Sect. 6 et seq. Orders drawn by county commissioners must be re-
corded, certified and accompanied by original vouchers. St. 1890, 206.
Provision is made for invoice books of supplies for county institutions.
St. 1890, 296.

Sects. U, 20,^30. Treasurers are to make yearly report to commission-
ers of prisons of all sums received or paid on account of any jail or house
of correction. St. 1891, 187. (See 1892, 438.)

G88 Changes in the [Chap. 23.

Sect. 28. Examination and certification of treasurer's accounts regu-
lated. St. 1890, 141, 380. (See 1887, 438; 1888, 275.) '

Sect. 30 amended. Statement of receipts to be made to controller of
county accounts. St. 1892, 430.

Sect. 32 repealed. St. 1890, 380, § 2.

Sects. 36-39 repealed. Controller of county accounts established. Sts.
1887, 438 ; 1888, 275 ; 1890, 216, 306. (See 1886, 169.)

Chapter 24. — Of Registers of Deeds,

Sect. 2. New registry established in Bristol. St. 1891, 234.

Sect. 5. And in Worcester. St. 1884, 40.

Sect. 6. Record is to be made of oath of registers. St. 1890, 308.

Sect. 9. Women may be assistant registers. St. 1885, 7.

Sect. 12. Requirement of residence in place of registry repealed. St.
1892, 121.

Sects. 13-26. Provision for re-recording worn or indistinct records.
St. 1892, 253.

Sect. 22. Indexes, except in Suffolk, must show towns in which the
lands lie. St. 1885, 29.

Chapter 25. — Of Sheriffs.

Sect. 20 is extended to writs and processes in favor of a sheriff. St.
1885, 75.

Sect. 22. Salaries fixed : Berkshire ; St. 1887, 58. Essex; 1887,164.
Hampden; 1889, 38. Hampshire; 1891, 154. Middlesex; 1888, 95.
Suffolk ; 1888, 228. Worcester ; 1888, 244.

In Dukes and Nantucket fees are allowed. Sts. 1884, 209 ; 1886, 28.

Sects. 24, 25. Sheriffs must deposit public moneys beyond what are
required for immediate use. St. 1890, 215.

Chapter 26. — Of Medical Examiners.

Sect. 2. New district made in Franklin county; St. 1884, 321. In
Plymouth ; 1886, 74.

Sect. 9 etseq. Fees and duties of examiners regulated. Sts. 1885, 265,
§ 4, 379 ; 1887, 310 ; 1888, 306, § 2, 365 ; 1889, 154. CSee 1888, 180.)

Salaries fixed in Suffolk. Sts. 1890, 213 ; 1892, 286. (See 1885, 379.)

No embalming fluid shall be used where death is supposed to be due to
violence without a permit signed by an examiner. St. 1892, 152.

Sects. 12-15. When a fatal accident occurs on a railway a verbatim
report of evidence shall be made and sworn to at expense of the railway
company. Sts. 1888, 365 ; 1889, 154..

Sects. 14, 25. Fees of witnesses, etc., at inquests regulated. Sts.
1883, 61; 1885, 379, § 2; 1890, 440. (See 1888, 180.)

Sects. 20, 24. Provision made for disposition of bodies and for account
of expenses. St. 1887, 310.

Sect. 25. Special justices of municipal, police and district courts, with
certain exceptions, are to have same fees as trial justices. St. 1885, 40.
The record must state the fact which gives them jurisdiction. St. 1892, 268.

Chap. 27.] PUBLIO STATUTES. 689

Chapter 27. — Of Towns and Town Officers.

Sects. 2-6. Provision for defiuition and preservation of town boundary
lines. St. 1888, 336.

Sect. 9. Towns may lease public buildings, except school-houses, to
grand army and veteran firemen's associations. Sts. 1885, 60; 1891, 218.

May lay out lands for public parks. Sts. 1882,154; 1890,240. And
for preservation of forest trees or preservation of water supply. St. 1882,
255. And for purification and disposal of sewage. St. 1890, 124.

May give the improvement of public grounds to corporations organized
for the purpose. St. 1885, 157.

May manufacture and distribute gas and electricity on certain conditions.
Sts. 1891, 370; 1892, 259.

Sect. 10. Towns may contract for disposal of garbage, refuse and offal.
St. 1889, 377.

May contract with hospitals for temporary care of the sick. St. 1890,
119. (See 1891, 90.)

May employ counsel at hearings before legislative committees. St.
1889, 380.

May raise money to erect and repair monuments to soldiers and sailors in
national wars. Sts. 1884, 42 ; 1886, 76.

May furnish State and military aid to soldiers and sailors. St. 1889,
279, 301. Shall support certain soldiers and sailors and their families.
St. 1890, 447. (See 1888, 438 ; 1889, 298.)

Sect. 10, last clause. See Sts. 1888, 304 ; 1890, 347.

Sect. 11. Towns may appropriate money for certain anniversary cele-
brations. Sts. 1889, 21 ; 1892, 166.

Sect. 12. May raise fifty cents per poll for planting, etc., of shade trees.
St. 1885, 123, § 1. (See 1882, 109.)

Sect. 15 et seq. Regulations for use of carriages, etc., in streets under
P. S., ch. 28, § 25, are to be made by selectmen in towns and published.
St. 1885, 197. And to regulate and control itinerant musicians and coast-
ing. St. 1892, 390.

Sect. 27. Towns having a water supply may contribute with other towns
to construct a sewerage system to protect the purity of such supply. St.
1888, 160.

Sect. 34. No fee for detention and support shall be allowed unless it
appears by officer's return that defendant was actually detained in the
lockup. St. 1890, 166.

Sects. 44-49 are extended to all persons and corporations, and to electric
light and telephone wires. Sts. 1883, 221 ; 1887, 385, § 8 ; 1889, 398,
434. (See 1884, 302, 306 ; 1887, 382.)

Sects. 48, 129. Superior court given concurrent jurisdiction. St.
1891, 293,

Sect, b'2 amended. St. 1887,249. (See 1884, 298, § 1,299; 1885,
5, 351.)

Sects. 52-69. The laws relating to town meetings, moderators and
election of town officers are revised. Sts. 1890,423, §§ 208-227; 1891,
10, 31, 32 ; 1892, 51, 190. (See 1883, 229 ; 1885, 261 ; 1886, 262, 264,
295; 1887,371; 1888,353; 1890,175.)

G90 Changes ix the [Chap. 27.

Recount of ballots on liquor licenses provided for. St. 1892, 224. (See
1884, 299, §§ 22-26.)

Towns may be divided into voting precincts. St. 1890,423, § 72. (See
1884, 299; 1886, 264; 1888, 146; 1890, 175 ; 1891 , 242 ; 1892, 190, 405.)

Sect. 55. Warrants for town meetings at which a constitutional amend-
ment is to be voted on shall contain a copy of proposed amendment. St.
1892, 124.

Sect. 64 et seq. In towns which adopt the act, town officers are to be
elected by the '• Australian " system. Sts. 1890, 386 ; 1891, 10, 31.

Method of withdrawal from nomination for a town office regulated. St.
1891, 155.

Sects. 65, 69. Provisions in regard to election of assessors and over-
seers of the poor revised. St. 1883, 203.

Women may be chosen overseers of the poor. St. 1886, 150.

Sects. 74-77. In towns which have not accepted these sections, or St.
1871, 158, the selectmen shall appoint a superintendent of streets. St.
1889, 98, 178.

Sect. 78. Office and duties of town auditor established. Sts. 1886,
295 ; 1888, 221 ; 1889, 191 ; 1890, 254.

Provision for filling vacancy in office of town auditor. St. 1890, 254.

General provision made for filling vacancies in town offices, except those
of selectman, clerk, assessor and treasurer. St. 1891, 336. (See 1890,
254.)

Town officers must demand and receive from their predecessors, under
oath, their official records, papers, etc. St. 1891, 340.

Sect. 85. Police officers may be assigned to agricultural and horticult-
ural exhibitions. St. 1892, 180.

Special officers for emergencies must be residents of the Commonwealth.
St. 1892, 413.

Sect. 95. Town clerks must give bonds to account for moneys received
for dog licenses. St. 1888, 320. (See 1888, 308.)

Must send to secretary of Commonwealth copy of records of vote at elec-
tions. St. 1890, 423, § 155. (See 1890, 175.)

And of vote of town on acts to take effect on acceptance. Sts. 1883,
109; 1891, 170, §§ 6, 7.

Must notify commissioners of prisons of appointment of certain police
officers and constables. St. 1892, 290.

Sects. 102-104. Form of oath modified. Provision to punish fraud in
valuations. St. 1885, 355.

Sect. 112 et seq. Cities and towns must return names of constables to
clerks of county courts within seven days after they qualify. St. 1889, 384.

Sect. 129. Superior court given concurrent jurisdiction. St. 1891, 293.

Chapter 28. — Of Cities.

General provision is made for the establishment of city governments.
St. 1892, 377.

Words "mayor and aldermen" defined. St. 1882, 164.

Provision made for acting mayor in case of death, absence, etc., of
mayor. St. 1882, 182.

Chap. 28.] PUBLTC STATUTES. 691

The board of aldermen innst notify the mayor, aldermen, common coim-
cilinen and school committee of their election. St. 1885, l.VJ.

City otlicers shall demand and receive from their predecessors, nnder
oath, their orticial records, papers, etc. St. 18'J1, 340.

City clerks mnst notify secretary of the Commonwealth of vote on acts
to take effect on acceptance. St. 1883, 100.

And of changes in wards and polling places. St. 1886, 78.

And send him attested copies of records of votes cast for members of
the legislature in each voting precinct. St. 1890, 175.

They must return to clerks of courts names of constables elected or
appointed. St. 1889, 384.

And must notif}^ prison commissioners of appointment of certain police
officers and constables. St. 1892, 290.

Cities may lay out lands for public parks. St. 1882, 154; 1890, 240.
And for preservation of forests or preservation of water supply. St.
1882, 255.

May lease public buildings, except school-houses, to grand army or
veteran firemen's associations. Sts. 1885,60; 1891, 218.

May appropriate money for enforcement of civil service laws. St. 1887,
345. And for certain anniversary celebrations. St. 1892, 166.

May indemnify police officers for expenses, etc., of suits in defence of
acts done while acting as such. St. 1888, 379.

May, by ordinance, require all fees, charges and commissions allowed to
officials to be paid into the treasury. St. 1888, 308.

May contract for disposal of garbage, refuse, etc. St. 1889, 377.

May furnish military or State aid to soldiers and sailors. St. 1889,
279, 301. Shall support certain soldiers and sailors and their families.
St. 1890, 447. (See 1888, 438 ; 1889, 298.)

May expend money for watering streets and assess the whole or part of
the expense on abutters. St. 1891, 179. (See 1890, 365.)

May take land for purification and disposal of sewage. St. 1890, 124,

May manufacture and distribute gas and electricity on certain condi-
tions. Sts. 1891, 370; 1892, 259.

May regulate sale by the load of prepared wood, slabs and edgings. St.
1891, 136.

Cities having a water supply may contribute with other cities and towns
to construct a sewerage system to protect purity of supply. St. 1888, 160.

Tenure of police officers established in certain cities. St. 1890, 319.

Members of the police may be pensioned in cities containing not less
than seventy-five thousand inhabitants. St. 1892, 378.

Sect. 6. Any item in an ordinance or vote involving an appropriation
of money, or raising a tax, may be separately vetoed. St. 18.S5, 312, § 3.

Sect. 7. Mayor may not vote in board of aldermen or joint convention.
St. 1882, 180.

Sect. 11. Police officers may be assigned to agricultural or horticultural
exhibitions. St. 1892, 180.

Sect's. 14-16 repealed. New division of wards in cities provided for,
St. 1888, 437. (See 1884, 125, 181, § 9, 299, § 3 ; 1885, 156 ; 1886, 78,
283.)

G92 Changes in the [Chap. 28.

Sect. 23. No member of a city council is eligible by the city council or
either branch thereof to any office the salar}' of which is paid from the
city treasury. St. 1886, 117.

Sect. 25. Selectmen in towns may make these rules, etc. St. 1885, 197.

Chapter 29. — Of Municipal Indebtedness.

"Net indebtedness" is defined. St. 1883, 127.

Sect. 4. The limit of city debts is reduced to two and a half per cent.
St. 1885, 312. (See 1885, 178 ; 1888, 347; 1889, 256.)

Exception made in certain cases : Boston ; 1886, 304 ; 1887, 312 ; 1888,
392; 1889, 68, 283, § 4; 1890, 271, 355, 444; 1891, 301, 324. Brock-
ton; 1889, 176; 1890, 142; 1892, 42, 45, 247. Cambridge; 1888, 73;
1891, 316. Fall River; 1892, 367. Haverhill; 1891, 230. Holyoke ;
1886,178; 1891,212. Lowell; 1890,120,121. Lynn; 1888,229; 1889,
172; 1890, 203, 258. Maiden; 1892, 155. Marlborough; 1890, 135.
New Bedford ; 1892, 150. Newburyport ; 1886,254. Somerville ; 1892,
153. Taunton; 1891, 150. Waltham ; 1888, 185. Worcester; 1888,
144; 1889,157. Duxbury ; 1890,65. Orange; 1891,27.

Damages for alteration of grade crossings are excepted. St. 1892, 178.

Sect. 6. Temporary loans can be made only in anticipation of the
taxes of the current municipal year. Sts. 1885, 312, § 4 ; 1889, 372.

They must be payable within one year. St. 1891, 221.

Sects. 7, 8. Issuing bonds, notes or scrip for city or town debts is
authorized. Sts. 1884, 129 ; 1892, 245, § 7.

Sect. 8 amended. Word "thirty" substituted for "twenty" in fourth
line. St. 1892, 245, § 6.

Time for payment of "other debts" extended in certain cases. Sts.
1889, 166; 1891, 321.

Sect. 9. Fixed annual appropriations may be made as a substitute for
a sinking fund. St. 1882, 133.

Sinking funds for sewer debts regulated. St. 1892, 245, § 9.

Sect. 15. Management of surplus accumulations of State sinking funds
regulated. St. 1891, 259.

Chapter 30. — Of Aid to Soldiers and Sailors and to their Families.

The State treasurer may receive sums from the United States for the
soldiers' home. St. 1890, 373.

This chapter is repealed, and the law as to State and military aid revised
and extended. Sts. 1889, 279, 301; 1890, 447. (See 1884, 34; 1885,
173, 204, 214 ; 1886, 39, 110 ; 1887, 122 ; 1888, 438 ; Res. 1892, 84.)

Cities and towns are to furnish support to certain soldiers and sailors
and their families. St. 1890, 447. (See 1888, 438 ; 1889, 298.)

Provision is made for burial of deceased indigent soldiers, sailors and
marines. Sts. 1889, 395; 1892, 184.

Grand army posts may distribute aid to soldiers. St. 1885, 189.

An agent for settlement of pension bounty and back pay claims pro-
vided for. Sts. 1888, 896; 1891, 196.

Sect, 1. Salary of third commissioner fixed. St. 1892, 291. (See
1885, 214; 1889, 279, § 9.)

Chap. 31.] PUBLIO STATUTES. 693

Chapter 31. — Of the Census, the Bureau of Statistics of Labor and
the Board of Supervisors of Statistics.

Certain useless papers may be burned. St. 1887, 43.
Sects. 1-12 are revised. St. 1884, 181.

Sects. 13-16. Additional statistics are reqmred. Sts. 1886,174; 18'J2,
280. (See 1884, 181 ; 1885, 156 ; 1888, 437, § 6.)

The report of the board may be in parts. St. 1890, 97.
A second clerk is provided for. St. 1884, 4.
Clerks' salaries fixed. St. 1888, 115. (See 1884, 4.)
Sect. 17 is amended. St. 1886, 101, § 4.

Chapter 32. — Of the Registry and Return of Births, Marriages and

Deaths.

Sect. 1. Provision made for further particulars in records of deaths.
Sts. 1887, 202; 1890, 402.

Depositions may be filed to complete or correct records and new copies
made. Penalt}^ imposed for false return. St. 1892, 305.

Returns of births and deaths of residents of other towns to be made to
and recorded in such towns. St. 1889, 208.

Sect. 3. Request for certificate of death not limited to fifteen days.
St. 1888, 63.

Further statements required in certificates in certain cases. Sts. 1888,
306; 1889, 224.

Sect. 4. Returns of sextons and undertakers shall be preserved and
arranged for reference. St. 1887, 202.

Sects. 5, 6. Additional requirements for removal, transportation and
burial of bodies. Sts. 1883, 124 ; 1887, 335 ; 1888, 306.

Sect. 7. Additional facts to be reported. St. 1883, 158. The words
" except Boston " are stricken out. St. 1889, 288.

Sect. 17. Prosecutions in Boston regulated. St. 1892, 314, § 5.

Chapter 33. — Of Workhouses and Almshouses.

No person whose insanity has continued less than twelve months may be
detained in an almshouse without remedial treatment. St. 1886, 319, § 3.

Chapter 35. — Of Fires, Fire Departments and Fire Districts.

Pensions provided for in Boston. St. 1888, 174. (See 1880, 107.)
And a fire marshal. Sts. 1886, 354 ; 1887, 231.

Assistance for the Massachusetts State firemen's association provided
for. St. 1892, 177.

Sect. 1. Forest fire-wards are provided for. St. 1886, 296, §§ 2, 3.

Sects. 10, 11 are repealed. St. 1888, 199, § 3. (See 1886, 296, § 4;
1887, 214, § 16.)

Sect. 28. Additional apparatus required. St. 1888, 310.

Board of fire engineers, or chief of fire department, to investigate
origin, etc., of fires. Sts. 1889, 451 ; 1891, 229.

69J: Changes in the [Chap. 35.

.Sect. 29. Selectmen may remove engineers after notice and hearing.
St. 1886, 113.

Sect. 35. Penalties prescribed for violations of rules. St. 1888, 220.

Chapter 36. — Of Fences and Fence Viewers, Pounds and Field

Drivers.

Sects. 1-19. Fences and like structures over six feet in heiglat, mali-
ciously erected, etc., are declared nuisances. St. 1887, 348.

Chapter 37. — Of the Public Records.

A commissioner of public records is established, his duties prescribed
and salary fixed. St. 1892, 333.

Sect. 1 is revised and quality of paper regulated. St. 1891, 281.

Sect. 3. Provision for additional accommodations. St. 1886, 207.

Sect. 5. Records of deaths may also be copied. St. 1887, 202.

Sects. 5-7. Indexes of records are to be kept. St. 1885, 190.

Sects. 14, 15. In Boston, city registrar to perform duties of city or
town clerk under these sections. St. 1892, 314, § 3.

Sect. 15. City or town clerk to demand the records, if not delivered.
St. 1890, 227.

Sect. 16. Removal or mutilation of records of the Commonwealth is
forbidden. St. 1890, 392.

The public records, books, papers aud property of a city or town officer
are to be demanded by, and delivered under oath to, his successor. St.
1891,340.

Chapter 38. — Of Pai-ishes and Religious Societies.

Provision is made for the incorporation and government of, and convey-
ance of property to, churches. Sts. 1887,404; 1888, 326; 1891, 265.
(See 1884, 78.)

Incorporated religious societies may make by-laws. St. 1888. 326.

Sects. 18, 19. Religious societies shall not assess taxes except upon
their pews. St. 1887, 419.

Sect. 21 is repealed. St. 1887, 419.

Sect. 43 is extended. St. 1886, 239.

Chapter 39. — Of Donations and Conveyances for Pious and Char-
itable Uses.

Sect. 1. Churches may appoint trustees, who shall be a body corporate
for the purposes of this section. St. 1884, 78.

Real estate held by deacons may be conveyed to the church, if incorpo-
rated. St. 1887, 404, § 7.

Chapter 40. — Of Library Associations.

Sect. 6. Allowance made to county law libraries. St. 1882, 246.

Sect. 9 et seq. The election, powers and duties of trustees of free public
libraries and reading rooms are regulated. Sts. 1888. 304; 1889, 112.

A board of library commissioners is provided for. St. 1890, 347. They
arc autliorized to aid free libraries in certain towns. St. 1892, 255.

.Chai\ 41.] Public Statutes. . 695

Chapter 41. — Of the Board of Education.

Sect. 8. Sjilary of the secretaiy of the board fixed. St. 1885, 227.

Skct. 12. The board has the management of the State normal school
boarding-houses. St. 1891, o84. And the supervision of the pupils in
the Perkins institution and Massachusetts seliool for the blind. St.

1885, 118.

Sects. 16, 17. The provisions for the instruction of deaf-mutes and
deaf children are revised and extended. Sts. 1888, 239 ; 1889, 226. (See

1886, 241 ; 1887, 179.)

Chapter 43. — Of the School Funds.
Sects. 1, 2. Certain payments into the fund are provided for. St.

1890, 335.

Sect. 3. The distribution of the fund is revised. Sts. 1884, 22 ; 1891,
177. (See 1885, 227.)

Chapter 44. — Of the Public Schools.

Provision is made for a State nautical training school. St. 1891, 402.

Free scholarships in the Massachusetts institute of technology are pro-
vided for. Res. 1887, 103.

Sect. 1. The use of hand tools maybe taught. St. 1884, 69. (See
1885, 161, § 2.) Physiology and hygiene must be taught. St. 1885, 332.

Sects. 1,2. Evening schools and evening high schools are required in
certain places. Sts. 1883, 174 ; 1886, 236. Notice of their opening must
be given. St. 1887, 433, § 4.

A town not required to maintain a high school shall pay for the tuition
of its children attending a high school in another town or city. St.

1891, 263.

The last session prior to Memorial day is to be devoted to exercises of a
patriotic nature. St. 1890, 111.

Sect. 28, Diploma of a State normal school may be accepted in lieu of
a personal examination of a teacher. St. 1891, 159.

Teachers, after a year's service, may be appointed to serve during the
pleasure of the committee. St. 1886, 313.

Sects. 35-40 are repealed. Text-books, supplies, etc., are furnished
free. Sts. 1884, 103 ; 1885, 161. (See 1885, 67.)

Sects. 41-46. The district system is abolished. St. 1882, 219. (See
1884, 122.)

Sects. 44, 45. Provision to aid small towns to unite to employ a super-
intendent. Sts. 1888, 431 ; 1891, 272. (See 1890, 379 ; 1892, 301, 344,
360.)

Chapter 45. — Of School Districts.

The school district system is abolished. St. 1882, 219. But the right
to sue or defend for districts is reserved. St. 1884, 122,

G96 . Changes in the [Chap. 46.

Chapter 46.— Of School Kegisters and Returns.

Sect. 3. See St. 1888, 348, § 7.

Sect. 15. The time for which payment is to cease is limited. St.
1891, 99.

Chapter 47. — Of the Attendance of Children in Schools.

Sects. 1, 2 are revised and requirements of attendance and certain pro-
visions as to methods of teaching changed. Sts. 1889, 464; 1890, 384;
1891, 361. (See 1883, 174, § 3.)

Further provisions made to prevent truancy. Sts. 1885, 71 ; 1889, 249,
422; 1890,309; 1891,426; 1892,62.

Sect. 9. Additional provisions to prevent introduction of contagious
diseases into schools. Sts. 1884, 98; 1885, 198. (See 1884, 64; 1890,
102.)

Chapter 48. — Of the Employment of Children and Regulations
respecting Them.

Sects. 1-6. The regulations as to the employment of children are revised
and extended, and sanitary protection provided for. Sts. 1887, 103, 121,
173, 215, 218, 280, 330, 422, 433; 1888, 305, 348; 1889, 135, 229, 291 ;
1890, 48, 90, 183, 299 ; 1891, 317 ; 1892, 83, 210, 352, 357. (See 1883,
157, 224; 1884,275; 1885,222,305.)

Sect. 7. Employment of children who cannot read and write in the
English language is regulated. Sts. 1887, 433 ; 1888, 348 ; 1889, 135,
291; 1890, 48, 299; 1891, 317.

Children under ten shall not be permitted to enter street cars to sell news-
papers, etc. St. 1889, 229.

Persons under fifteen shall not be employed to operate certain elevators.
St. 1890, 90.

The words used in statutes relating to the employment of labor are
defined. St. 1887, 103.

Sects. 8, 9. No minor shall be employed to sell or distribute papers
devoted to criminal news. St. 1885, 305.

Admission of children under thirteen to certain shows and places of
amusement is restricted. St. 1887, 446.

Sects. 10, 12 are extended. Provision for approval of by-laws by judge
of probate is omitted. St. 1889, 249.

Further provisions made to prevent truancy. Sts. 1885, 71 ; 1889, 249,
422. (See 1890, 309 ; 1891, 426 ; 1892, 62.)

Sects. 13, 14 amended. The provisions for county and union truant
schools are revised. Sts. 1884, 155 ; 1890, 309 ; 1891, 389, 426 ; 1892, 62.

Sects. 15, 27 amended. St. 1886, 101, § 4.

Sects. 18-27. Further provisions made for care, education and protec-
tion of neglected, destitute and abandoned children. Sts 1882, 181, 270;
1883, 232, 245 ; 1884, 210 ; 1885, 176 ; 1886, 330 ; 1887, 401 ; 1888, 248 ;
1889, 230, 309, 416; 1891, 194. (See 1886, 101 ; 1887, 441.)

Sect. 19 is amended. St. 1883, 245.

CiiAP. 48.] Public Statutes. (507

Sect. 22 et seq. Provisions regulating infant boarding-liouses and
adoptions. Sts. 1889, 309, 416; 1891, 194; 1892, 318. (See 1882,
270, § 3.)

Chapter 49. — Of the Laying Out and Discontinuance of Ways, and
of Damages occasioned by the Taking of Land for Public Use.

Sects. 1, 10, 13. Towns may alter, etc., but not discontinue county
highways or bridges within their limits. St. 1891, 170.

Land" may be taken for public parks. Sts. 1882, 154 ; 1890, 240.

For the cultivation or preservation of trees. St. 1882, 255.

And for the purification and disposal of sewage. St. 1890, 124.

Sects, 6, 14 et seq. County commissioners may lay out, etc., highways
under the betterment law where accepted. St. 1887, 124. (See 1884, 226.)

They may determine locations of public landing places. St. 1882, 109.

Sect. 18. New provision made in regard to payment of damages. St.

1883, 253.

Sects. 33, 79, 91 revised and extended. Time for application for a jury
more particularly defined. St. 1892, 415.

Sect. 47. Officers' per diem for attendance fixed. St. 1882, 96.

Sects. 84-86 are revised and powers of street commissioners modified.
Sts. 1888, 357 ; 1891, 323, §§ 8, 10, 14 ; 1892, 415, § 3, 418, §§ 3, 5, 7.

Board of survey established, and methods of locating, laying out and
constructing highways in Boston regulated. Sts. 1891 , 323 ; 1892, 415,418.

Sect. 91. Application for jury may be brought within the time speci-
fied in section 33, notwithstanding the charter. St. 1892, 415, § 4.

Sect. 105. Petition for damages for land taken by a town in Dukes or
Nantucket may be brought in Bristol county. St. 1887, 50. (See 1885,
384, § 1.)

Chapter 50. — Of Sewers, Drains and Sidewalks.

Sect. 1. Cities and towns may take land for the purification and dis-
posal of sewage. St. 1890, 124.

Sects. 1,3-8. Construction of, and assessments and charges for, sewers,
regulated. St. 1892, 245. In Boston. St. 1892, 402.

Provision made for enforcing connection with public sewers. St. 1889,
108, 132. (See 1892, 245, § 4.)

Sect. 5. Land sold may be redeemed as if sold for taxes. St. 1883,
145. The lien shall continue two years. St. 1886, 210.

Sect. 20. Construction of sidewalks in Boston regulated. St. 1892,
401. (See 1891, 323.)

Sect. 21. Barbed wire fences are restricted. St. 1884, 272.

Sect. 25. In cities which accept the act assessments may be appor-
tioned into not more than ten annual instalments. St. 1891, 97. (See St.
1892, 245, § 8.)

Chapter 51. — Of Betterments and other Assessments on Account of
the Cost of Public Improvements.

This chapter applies to alterations of ways at railroad crossings. St.

1884, 280. And to laying out public parks. St. 1882, 154, § 7.

G98 Changes in the [Chap. 51.

The authorities may agree to assume betterments if land owners will
release damages. St. 1884, 226.

Sects. 1-9. Extended to alterations, etc., of highways by towns. St.
1891, 170, § 3.

Betterments bear interest after thirty days and the lien continues for one
year after determination of any suit to test their validity. St. 1884, 237,

Sect. 11. Notice of assessment of betterment must be given within
three months to party to be charged. St. 1885, 299.

County commissioners may lay out, etc., highways under the betterment
act, where accepted. St. 1887, 124. (See 1884, 226.)

Chapter 52. — Of the Repair of Ways and. Bridges.

Sect. 10, as to trimming, etc., of trees, is revised. St. 1885, 123, § 2.
(See 1890, 196; 1891,49; 1892,147.)

Sect. 19. Notice shall not be invalid for unintentional inaccuracy if
party entitled to notice was not misled. St. 1882, 36.

Actions for injuries by defects in highways are not limited to the supe-
rior court. St. 1888, 114.

Chapter 53. — Of the Regulations and By-laws respecting "Ways and

Bridges.

Canals and waterways adjudged to be dangerous to public travel must
be fenced. St. 1887, 393.

Sect. 1 revised. Guide posts shall be erected at forks and intersections
of ways leading to other towns. St. 1887, 162.

Sect. 13 et seq. Certain rights of way in the streets, etc., are given
to the police in Boston. St. 1889, 57.

Selectmen in towns may make rules for regulation of vehicles. St.
1885, 197.

Sect. 18. County commissioners may regulate the speed at which per-
sons may ride or drive over certain bridges. St. 1888, 313. (See
1882, 108.)

Chapter 54. — Of the Boundaries of Highways and other Public
Places and Encroachments thereon.

Erection and maintenance of posts, wires and structures in highways
regulated. Sts. 1884, 302, 306; 1889, 398. (See 1883, 221.)

No barbed wire fence may be built against a sidewalk. St. 1884, 272.

Sects. 6-11. Further provisions for planting, cutting, trimming and
preservation of shade trees. Sts. 1885, 123 ; 1890, 196 ; 1891, 49 ; 1892,
147. (See Res. 1886, 32.)

Sects. 9-12 are repealed. St. 1885, 123, § 3.

Sect. 16. " And the selectmen of a town " inserted after word " city."
St. 1892, 390.

Chapter 56. — Of the Inspection and Sale of Butter, Cheese, Lard,
Pish, Hops, Leather and Pot and Pearl Ashes.

Provision made for a State dairy bureau and protection of dairy prod-
ucts. Sts. 1891, 412; 1892, 139.

Chap. 56.] PuBLIC STATUTES. 099

Sects. 3-21. Sale of imitations of butter res;nlate(l. Sts. 1884, 310;
188.0, 302 ; 1886, 317 ; 1891, 58, 412. (See 1882, 263.)

Sale of adulterated lard regulated. St. 1887, 449.

Sect. 20. Powers aud duties of inspectors increased. Sts. 1884, 310,
§ 2 ; 1885, 352, § 5 ; 1891, 58, § 2. (See 1882, 263.)

Sect. 22 et seq. Public weighers of salt-water fish provided for. St.
1888, 163.

Chapter 57. — Of the Inspection and Sale of Milk.

Municipal, district aud police courts and trial justices are given juris-
diction under this chapter. St. 1885, 149.

Provision is made for a State dairy bureau and protection of dairy prod-
ucts. Sts. 1891, 412; 1892, 139. (See 1889, 326.)

This chapter is not repealed or amended by St. 1882, 263. St. 1884, 289,
§ 4.

Sect. 2 is revised and powers and duties of inspectors modified. Sts.
1S84, 289, 310, §§ 3, 4; 1885, 352, §§ 4, 5; 1886, 318; 1891, 58, § 3,
412, § 10.

Sects. 5, 7. 9 are revised. Additional provisions against adulteration of
milk. Sts. 1884, 289, 310; 1885, 352; 1886, 318; 1891, 412. (See
1882, 263; 1889, 326.)

Sect. 8. It is made an offence to obstruct an inspector. St. 1884, 310,
§ 5. And to counterfeit his seal or tamper with samples. St. 1888, 318,
§ 4. And to wilfully deface and misuse milk cans. St. 1885, 133.

Sect. 12 is repealed. St. 1885, 145.

Chapter 58. — Of the Inspection and Sale of Provisions and Animals
intended for Slaughter.

Further provisions to prevent adulteration of food aud drugs. Sts. 1882,
263; 1883, 263; 1884, 289; 1886, 171.

Provision made for the suppression of contagious diseases among cattle.
Sts. 1884, 232 ; 1887, 250, 252 ; 1892, 195, 432.

The sale of dressed poultry is regulated. St. 1887, 94. (See 1883, 230.)

Sects. 1, 2. Inspectors must be appointed annually. St. 1892, 195, 432.

Sect. 7 is repealed. St. 1892, 195, § 4.

Chapter 59. — Of the Inspection and Sale of Certain Oils.

Sects. 6, 7. Provision is made to prevent preparation, storage and sale
of certain unsafe oils, aud for the inspection of kerosene and petroleum.
Sts. 1885, 98, 122. (See 1882, 250.)

Chapter 60. — Of the Inspection and Sale of Various Articles.

Dealers in ice must provide each wagon with scales and weigh ice when
requested. St. 1890, 276.

Sects. 11-16 are repealed and new provisions made. St. 1888, 296.

Sect. 17 is repealed. St. 1883, 29.

Sect. 20. A standard measure for cranberries is established. St. 1884,
161. (See 1883, 225.)

700 Changes in the [Chap. 60.

Sects. 21, 22 are revised and other articles added. St. 1888, 414.

Sects. 56, 57 are revised and sections 58-60 repealed. Wire nails are
included. Informer to have half of the forfeiture. St. 1892, 63.

Sects. 69-71. Provisions against adulteration of vinegar and for com-
pensation of inspectors. Sts. 1883, 257; 1884, 163, 307; 1885, 150.

Sects. 72-78. Cities may regulate sale by the load of prepared wood,
slabs and edgings. St. 1891, 136.

Sects. 79-82. Sale of coal by measure regulated. Sts. 1883, 218 ;
1884, 70.

Chapter 61. — Of the Inspection of Gas and Gas Meters.

A board of gas and electric light commissioners is established and their
powers and duties prescribed. Sts. 1885, 314 ; 1886, 346 ; 1887, 382, 385 ;
1888, 350, 428 ; 1889, 169, 373 ; 1890, 252 ; 1891, 351, 370 ; 1892, 259, 263.

Clerk's salary fixed. St. 1891, 351.

The manufacture, sale and inspection of gas and electric light regulated.
Sts. 1885, 240,314; 1886, 250, 346; 1887, 382, 385; 1888, 350; 1889,
169 ; 1890, 252 ; 1891, 351, 370 ; 1892, 67, 259, 263, 274. (See 1888, 428.)

Sects. 13, 14 do not apply to gas for heating, cooking, chemical and
mechanical purposes. St. 1885, 240.

Sect. 14 amended. St. 1890, 252.

Chapter 63. — Of the Survey and Sale of Lumber, Ornamental "Wood

and Ship Timber.

Sects. 1, 2, 3, 4, 5, 16, 19 are revised. St. 1890, 159.

Chapter 65. — Of Weights and Measures.

The weights, measures and balances to be kept by counties, cities and
towns are defined and inspection provided for. St. 1890, 426.

The sale of coal by measure regulated. Sts. 1883, 218 ; 1884, 70.

Sect. 8. Sealers are to be appointed in cities by mayor and aldermen.
St. 1882, 42.

Sect. 21. Unlawful weights may be seized. Their possession implies
unlawful intent. St. 1883, 225.

Chapter 67. — Of Auctioneers.

Sects. 1, 5 are revised. St. 1886, 289.

Sect. 6 amended and auction sales further regulated. Sts. 1890, 449 ;
1891, 144. (See 1886, 289.)

Chapter 68. — Of Hawkers and Pedlers.

Sect. 1. Itinerant venders must be licensed. Sales by them regulated.
Sts. 1890, 448, 449; 1891, 144. (See 1883, 168; 1885,^309; 1887, 422,
445.)

Provision to prevent illegal peddling and begging by minors. Sts. 1887,
422; 1892,331. And peddling near licensed picnic groves. St. 1887,445.
(See 1885, 309.)

CiiAP. G8.^ Public Statutes. 701

SiXTS. 1, 2. Cities may regulate sale by hawkers and peddlers of any
articles mentioned in section one. St. 1883, 168.

Sect. 2. New provisions made for licensing minors and regulating sales
by them. St. 1892, 331.

' Sect. 9. Licenses may be granted to persons over seventy years of age.
St. 1883, 118. And to certain honorably discharged soldiers and sailors.
St. 1889, 457.

Chapter 69. — Of Shipping and Seamen, Harbors and Harbor Masters.

Copy of registers of foreign vessels must be filed with commissioner of
corporations and the commissioner appointed agent to receive service of
legal process. St. 1889, 393. (See 1884, 330.)

Sects. 1-9. Provision made for transportation of shipwrecked seamen.
St. 1886, 179.

Sect. 8. Clause as to advance wages stricken out. St. 1889, 284.

Sect. 11. Harbor lines established: Boston; 1882, 48; 1891, 309.
Chelsea; 1887, 344. Gloucester; 1882, 103; 1883, 109. (See 1885,
315.) Haverhill; 1883, 104.

Sect. 23. Further provisions for protection of harbors. Sts. 1884, 269 ;
1892, 206. Boston; 1892, 358. Marblehead ; St. 1892, 214.

Sect. 25. Provision for assistant harbor masters. St. 1882, 216.

Appointment of harbor masters in Boston regulated. St. 1889, 147.

Sects. 26, 29, 33. Powers of harbor masters extended. St. 1884, 173.
Kegulations made for Gloucester harbor. 1885, 315.

Sect. 33 extended to sections 23-32. St. 1884, 173.

Chapter 70. — Of Pilots and Pilotage.

Additional pilots provided for. Sts. 1882, 174 ; 1887, 298.

Pilotage fees established: Cohasset ; St. 1887, 298. Salem and Bev-
erly; 1887,204. AViuthrop; 1892, 114. Wood's Holl ; 1889,275. (See
1888, 288.)

Sect. 12. The pilots shall be " for any or all of said ports." St. 1890,
300.

Sects. 26-32. Certain exemptions from fees are made. St. 1884, 213,
252.

Sect. 30. Limit extended. St. 1884, 252, §§ 2, 3.

Sect. 39. It is forbidden to assume or continue to act, without authority,
as a pilot. St. 1884, 252, § 6.

Chapter 72. — Of Public "Warehouses.

Sect. 2. Bond and sureties are to be approved by the governor. St.
1885, 167.

Sect. 5. Provision for non-negotiable receipts assignable only on the
books of the warehouseman. St. 1886, 258.

Sect. 10. Goods may be sold to pay charges a year overdue. St. 1887,
277.

702 Changes in the [Chap. 74.

Chapter 74. — Of the Employment of Labor.

A State board of arbitration aud conciliation is established. Sts. 1886,
263; 1887, 269. Clerk provided for. St. 1888, 261. Aud expert assist-
ants. Sts. 1890, 385 ; 1892, 382.

Employment in the civil service is regulated. Sts. 1884, 320 ; 1887,
364, 437 ; 1888, 41, 253, 334 ; 1889, 177, 183, 351, 352, 473 ; 1891, 140.

The words used in the statutes relating to labor are defined. St. 1887,
103, § 5.

Sanitary provisions in factories, etc., are regulated. Sts. 1887, 103,
173, 218 ; 1888, 305. (See 1887, 215.)

Employment of women and children regulated. Sts. 1882, 150; 1883,
157 ; 1884, 275 ; 1887, 103, 121, 173, 215, 218, 280, 330, 433 ; 1888, 305,
348,426; 1889,135,291; 1890,48,90,183, 299; 1891, 317; 1892, 83,
- 210, 352, 357. (See 1890, 179.)

Provision to prevent manufacture of clothing in unhealthy places. Sts.
1891, 357; 1892,296.

Deductions from wages for imperfections in weaving restricted. St.
1892,410. (See 1887, 316; 1891,125.)

It is made an offence to compel any person, as a condition of employ-
ment, to agree not to join a labor organization. St. 1892, 330.

Workmen employed by a contractor on public work for a city or town
may sue the city or town for their wages, on certain conditions. St. 1892,
270.

Provision to prevent persons not residents of the Commonwealth acting
as otlicers to protect property of employers of labor. St. 1892, 413.

Provision for authorizing bells, gongs and whistles for factories, etc.
St. 1883, 84.

Weekly payment of wages by corporations required and regulated. Sts.
1886, 87 ; 1887, 399 ; 1891, 239.

Leave of absence to vote provided for. St. 1887, 272.

Sect. 3. Liability of employers for injuries to employees extended and
regulated. Sts. 1886,260; 1887,270; 1888, 155; 1890, 83; 1892, 260.
(See 1883, 243 ; 1886, 140, 173 ; 1890, 179.)

Reports of accidents to be made to district police. Sts. 1886, 260 ;
1890, 83.

Sect. 4. Hours of labor regulated in certain cases. Sts. 1884, 275 ;
1887,280; 1888, 348, §§ 1, 2; 1890, 183, 375; 1891, 350; 1892, 357.
(See 1883, 157; 1886, 90.)

Nine hours shall constitute a day's work for laborers, mechanics, etc,
employed by the State or any county, city or town. Sts. 1890, 375 ; 1891,
350.

Chapter 75. — Of Limited Partnerships.

Sect. 3. Name of a former firm may be used with consent of its mem-
bers. St. 1887, 248, § 1.

Sects. 7, 8, 12 amended. Interest and liability of special partners
regulated. St. 1887, 248.

Chap. 77.] PUBLIO STATUTES. 703

Chapter 77. — Of Money, Bills of Exchange, Promissory Notes and

Checks.

Sect. 1. The par of exchange established by United States Rev.
Sts., § oJ65, is adopted. St. 1882, 110.

Skct. o is not repealed by St. 1888, 388.

Kate of interest on loans for less than one thousand dollars regulated.
Sts. 1888, 388 ; 1892, 428.

Sect. 8 et seq. When Christmas falls on a Sunday the next day is a
holiday. St. 1882, 49.

The first Monday of September is " labor's holiday." St. 1887, 263.

No written promise to pay money shall be held not to be a promissory
note or not negotiable because time of payment is uncertain, if it is pay-
able in any event. St. 1888, 329.

Provision made for payment of checks, drafts, etc., presented after
death of drawer. St. 1885, 210.

Chapter 78. — Of the Prevention of Frauds and Perjuries.

No agreement to make a will, devise or legacy, is binding unless in writ-
ing. St. 1888, 372.

Chapter 79. — Of the State Board of Health, Lunacy and Charity.

The board is divided into a board of health and a board of lunacy and
charity. St. 1886, 101.

Salary of secretary fixed. St. 1889, 370.

The board of health is given general supervision of inland waters and
sources of water supply. Sts. 1888, 375 ; 1890, 441, § 1. (See 1884, 154 ;
1886, 274.)

It may forbid sale of impure ice. St. 1886, 287.

Ma}^ expend annually $11,500 in enforcing laws against adulterations.
St. 1891, 319. (See 1882, 263 ; 1883, 263 ; 1886, 289, §§ 1-6.)

It must report prosecutions and expenditures. St. 1884, 289, § 2.

The governor may detail an officer of the district police to assist in eases
of deserted and unprotected children and of bastardy. St. 1885, 158.

Sect. 9. Classes of inmates who may be removed specified^ St. 1887,
367. (See 1886, 219.)

Chapter 80. — Of the Preservation of the Public Health.

Provision made to prevent adulteration of food and drugs. Sts. 1882,
263; 1884,289 ; 1886, 287; 1891, 319. (See 1883, 263; 1891, 374, 412.)

To prevent sale of toys or confectionery containing arsenic. St. 1891,
374.

To prevent sale of impure ice. St. 1886, 287.

To prevent manufacture of clothing in unhealthy places. Sts. 1891,
357; 1892, 296.

To prevent feeding of garbage, refuse or offal to milch cows. St, 1889,
326.

To authorize and regulate crematories. St. 1885, 265.

704 Changes in the [Chap. 80.

For suppression of contagious diseases among cattle. Sts. 1884, 232 ;
1887, 250, 252; 18'J2, 195.

For registration and regulation of pharmacists. Sts. 1885, 313 ; 1887,
267. (See Res. 1892, 87.) And of dentists. St. 1887, 137.

Sects. 1, 53, 93 amended. St. 1886, 101, § 4.

Sect. 3. Provision for filling vacancies in town boards of health. St.
1885, 307.

Local boards may close places of burial. St. 1885, 278, § 1.

Sect. 12. Provisions for regulation of house drainage and connection
with public sewers. Sts. 1889, 108 ; 1890, 74, 132.

Sects. 21-23. Privy vaults are restricted in cities. St. 1890, 74.

Sect. 28. Expenditure under this section, without a previous appropria-
tion, is limited. St. 1887, 338, § 1.

Sects. 30-32. Right given of appeal and trial by jury, as in case of
lands taken for highways,. St. 1887, 338, §§ 2, 3.

Sect. GO. Further provisions for protection of infants, licensing infant
boarding-houses and regulating adoptions. Sts. 1882, 270, § 3 ; 1889, 309,
416; 1891, 194; 1892, 318.

Sect. 70. Massachusetts homoeopathic hospital aided, and appointment
of trustees provided for. St. 1890, 358.

Sects. 7«, 79 repealed and new provisions made as to notices and reports
of contagious diseases. Sts. 1883, 138; 1884, 98; 1890, 102; 1891, 188.

Sect. 83 amended. St. 1886, 101, § 4.

Sects. 88-91 amended. Appeal is to superior court in the county where
the premises are. Verdicts may be enforced by injunction or other order
in equity. Sts. 1883, 133 ; 1889, 193.

Time for appeal extended. Pending appeal the board may authorize the
continuance of the trade. St. 1889, 193, § 1.

Sect. 96 et seq. Further provision made to protect the purity of inland
waters and sources of water supply. Sts. 1884, 154, 172 ; 1888, 160, 375 ;
1890, 411. (See 1886, 274.)

Sects. 98-100 are repealed. St. 1884, 154. But see Sts. 1888, 375 ;

1890, 441, § 1.

Sects. 103-105 are repealed. St. 1891, 120.

Chapter 81. — Of the Promotion of Anatomical Science.

Sect. 1. Change made in persons by whom permits may be given. St.

1891, 185, 406.

Sect. 3 repealed. St. 1891, 185.

Sect. 4. Friends have three days to ask for burial. St. 1891, 185, § 2.

Chapter 82. — Of Cemeteries and Burials.

Provision made for commissioners of burial grounds in towns. St. 1890,
264.

Cremation of the dead authorized and regulated. St. 1885, 265.

Change of corporate name provided for. Sts. 1891, 360; 1892, 198,
201.

Sect. 3 is repealed and new provisions made defining rights of widows

Chap. 82.] PUBLIC STATUTES. 705

and children in buml lots and tombs. Sts. 1885, 302; 1892. 165. (See
1883, 2(;2.)

Sect. G. Conveyances need be recorded oul}^ in the records of the cor-
poration. Sts. 1883, 142; 1889, 299.

Records must be kept of all conveyances and contracts in relation to
lots. St. 1889, 299. (See 1883, 142.)

Sect. 17. Towns and cities may receive funds for care and improve-
ment of burial places and lots. Sts. 1884, 186 ; 1890, 264, § 4.

Sect. 19. Boards of health may close any place of burial. St. 1885,
278, § 1.

Sect. 24. To sustain an appeal the jury must find that the closing was
not necessary for the protection of the public health. St. 1885, 278, § 2.

Sects. 25-28 are repealed. St. 1885, 278, § 3.

Chapter 84. — Of the Support of Paupers by Cities and Towns.

Provision made for remedial treatment of recently insane paupers. St.
1886, 319. § 3.

False representations for the purpose of causing any person to be sup-
ported as a pauper are made an offence. St. 1891, 343,

Provision made for custody and care of pauper children. Sts. 1882,
181 ; 1883, 232; 1886, 330; 1887, 401 ; 1888, 248.

Sect. 2. See St. 1886, 319, § 3.

Sect. 3. The State board of lunacy and charity may act in certain
cases. St. 1887, 401.

Sect. 6. The pauper and his estate are made liable for expenses
incurred for him. St. 1882, 113.

Sects. 14-18. Transportation of destitute shipwrecked seamen pro-
vided for. St. 1886, 179.

Sect. 17. Overseers shall bury unclaimed or unidentified bodies upon
which inquests have been held. St. 1887, 310, § 3.

Burial of deceased indigent soldiers, sailors and marines provided for.
Sts. 1889, 395; 1892, 184.

The sums which may be paid for burial of paupers are increased. St.
1890, 71.

Sect. 18. Period for which aid may be furnished increased. St. 1891,
90, § 1.

Sects. 18, 21, 35 amended. St. 1886, 101, § 4.

Sect. 20. Towns and cities may contract with hospitals for temporary
care of the unfortunate and sick. St. 1890, 119.

Sect. 21. See 1883, 232.

Sect. 29. Removal by overseers to be made within one month after
notice. St. 1891, 90, § 2.

Chapter 85. — Of the Maintenance of Bastard Children.

Sect. 1. Clerk of court may receive complaint and issue w^arrant. St.
1885, 289.

Sect 2 amended. St. 1886, 101, § 4.

Sect. 6. Accused may be committed until bond be given. Provision
for approval of bond. St. 1891, 367.

706 Changes in the [Chap. 86.

Chapter 86. — Of A.lien Passengers and State Paupers.

Sect. 1 amended. St. 1886, 101, § 4.

Sect. 13. A new board for both almshouse and workhouse is estab-
lished and regulated. Sts. 1884, 297; 1891, 299.

Sects. 16, 19. The same person may be superintendent and resident
physician. St. 1883, 278.

Sect. 21. Change made in persons who may give certificates. St.

1891, 84.

Sect. 22 et seq. The removal of sick paupers is regulated. St. 1887,
440. (See 1885, 211.)

Sect. 25. Further provisions as to notice in case of persons too sick
to be removed St. 1885, 211.

Sect. 26. Further requirements as to bills charged to the Common-
wealth. Sts. 1885, 211 ; 1891, 153.

Sect. 28 was repealed by St. 1883, 239, which was again repealed and
new provisions made by St. 1886, 298. (See 1884, 88.)

Sect. 31. Notice of aid must be given to State board within sixty days
in order to charge the Commonwealth. St. 1885, 211.

Sect. 37 is extended to persons not being sentenced inmates. Com-
plaints regulated. St. 1884, 258. (See 1886, 101, § 4.)

Sect. 39. Board of lunacy and charity may remove pauper lunatics to
asylum at State almshouse. St. 1888, 69.

Sect. 44 et seq. New provisions made as to reception and care of chil-
dren. Sts. 1882, 181 ; 1883, 232; 1886, 330; 1888, 248.

A limited number of children afflicted with epilepsy or chronic disease
may be placed in hospital cottages at Baldwinville, which are aided, and
State trustees are provided for. Sts. 1887, 441; 1889, 230; 1890, 354;

1892, 407. (See Res. 1888, 91.)

Chapter 87. — Of Lunacy and Institutions for Lunatics.

Sects. 1, 29 amended. St. 1886, 101, § 4.

Sect. 2 et seq. Additional hospital accommodations provided for at

Westborough ; St. 1884, 322. In eastern Massachusetts ; St. 1890, 445.

At Medfield and Dover; St. 1892, 425. A hospital for male dipsomaniacs

and inebriates ; Sts. 1889,414; 1890,251; 1891, 158. (See 1885, 339.

Res. 1892, 33, 50, 55.)

Sect. 4. Number of trustees increased. St. 1884, 149.

Sect. 6 et seq. At all State institutions for the insane provision shall be

made for fire escapes and apparatus. St. 1890, 378.

Sect. 7. Female assistant physicians provided for. St. 1884, 1 IB-
Sect. 9. Time of meeting and of report changed. St. 1887, 170.
Sect. 11 et seq. Further provisions as to commitments and custody of

insane. Sts. 1884, 234, 322, §§ 7, 9; 1885, 339, 385; 1886, 319; 1887,

346 ; 1889, 90, 414 ; 1890, 414 ; 1891, 158 ; 1892, 53, 229.

Sects. 11, 37, 46. Cities of over fifty thousand inhabitants may establish

asylums for chronic insane. St. 1884, 234.

Chronic and quiet insane may be cared for in private families. St.

1885, 385.

Chap. 87.] PUBLIC STATUTES. 707

Sect. 1.">. See St. 1802, 220.

Skct. 15. See St. 1884, )M-2, § 7.

Skct. 21 . Fees as witnesses of salaried officers regulated. St. 1800, 440.

Skct, 25. Applicatiou shall be made in case of any insane person de-
prived of proper treatment. St. 1800, 414, § 1.

Sects. 32-34. Commonwealth shall pay for support of certain criminals
committed to insane hospitals. Sts. 1888, 148; 1880, 00.

Provision to reimburse towns in certain cases. St. 1802, 243.

Sect. 37. Name of temporary asylum changed. St. 1887, 230.

Sect. 38 et seq. The transfer of the insane regulated. Sts. 1884, 234,
§ 3, 322, §§ 7, 9; 1885, 330, §§ 2, 3, 385; 1886, 310; 1887, 346, § 2;
1880, 414, § 16; 1800, 414.

Sect. 40. Superintendents may be authorized to discharge patients
and may allow temporary absences. St. 1883, 78. (See 1885, 230, § 3 ;
1886, 310.)

Sect. 46 et seq. Overseers of the poor shall not commit or detain
recently insane persons in an almshouse without remedial treatment.
They must give notice to the State board of the admission and discharge
of the insane. Sts. 1886, 310, § 3 ; 1800, 414.

Sects. 47-49 are repealed. The asylum at Ipswich is discontinued.
St. 1887, 207. (See 1800, 445.)

Sect. 50. See St. 1887, 367.

Sect. 55 et seq. Name changed to " school for the feeble-minded."
Regulations revised. Sts. 1883,230; 1884,88; 1886, 208. The allow-
ance is increased. St. 1887, 123. (See 1886, 208.)

Chapter 88. — Of the State Workhouse.

Name changed to " State farm." St. 1887, 264.

A new board is established. Sts. 1884, 207; 1801, 200. (See 1883,
270; 1887, 264.)

Sect. 4 amended. St. 1886, 101, § 4.

Sects. 5-8. Persons not being sentenced inmates, who escape and
within one year are found begging, may be punished. St. 1884, 258.

Provision made for transfer of prisoners to and from the State farm.
Sts. 1884, 207; 1887, 202, 375; 1800, 180, 278.

Chapter 89. — Of the State Primary and Reform Schools and the Visi-
tation and Reformation of Juvenile Offenders.

Sects. 1, 8. Name of reform school changed to Lyman school; and
authority of trustees extended and commitments regulated. Sts. 1884,
323 ; 1885, 86, 151. (See 1884, 255, § 11.)

Sects. 4, 5. Provision made for care and maintenance of pauper chil-
dren between the ages of three and sixteen having no settlement. St.
1882, 181, § 2.

Sects. 5, 7 amended. St. 1886, 101, § 4.

Sect. 15 et seq. Girls committed by United States courts are to be sent
to the State industrial school for girls. St. 1887, 426, § 2.

Arrests and commitments of children regulated. Sts. 1882, 127; 1883,
110; 1884, 255, § 11, 323, § 3; 1888, 248.

708 Changes in the [Chap. 89.

No boy over fifteen shall be committed to the Lyman school. St. 1884,
255, § 11, 323, § 3.

Sect. 18. Summons to be issued to children undei" twelve. St. 1882,
127. § 3.

Sect. 20. New provision made as to notice of complaint. St. 1883,
110.

Sect. 33. Fees and charges of salaried officers regulated. Sts. 1889,
469 ; 1890, 440.

Sect. 45. Trustees may discharge boys for mental incapacity or bodily
infirmity. St. 1889, 123."

Sects. 49, 51 repealed. St. 1888, 248, § 2. (See 1882, 181, § 3 ; 1887,
266.)

Chapter 90, — Of Contagious Diseases among Cattle, Horses and Other

Domestic Animals.

A new board of cattle commissioners is established. Sts. 1885, 378 ;
1887, 252.

This chapter is repealed and revised. St. 1887, 252. (See 1884, 232;

1885, 148, 378; 1887, 250; 1892, 195.)

Provision for suppression of pleuro-pneumonia. St. 1887, 250.

Chapter 91. — Of Inland Fisheries and Kelp.

Fishing is regulated in various places : Barnstable county ; Sts. 1884,
264; 18«7, 120. (See 1885, 193; 1886, 202.) Berkshire; 1888, 276;
1890, 193. Bourne; 1891,164. (See 1889, 202.) Bristol; 1882, 189.
Buzzard's bay ; 1884,214, §2; 1886,192; 1887,197; 1891,327. Dukes;
1884, 245. (See 1882, 102.) Edgartown ; 1882,65; 1885, 247; 1891,
52. Essex; 1888, 126. Marion; 1892, 188. Mashpee ; 1884,264;
1892,196. Mattapoisett ; 1892,186. Merrimack river ; 1882,166; 1883,
31, 121; 1884, 317. Nantucket; 1891,128. (See 1888, 238.) Plum
Island bay (tributaries); 1887, 105; 1890, 30. Plymouth; 1884, 199;

1886, 163 ; 1889, 292 ; 1890, 336. (See 1883, 76.) Randolph ; 1889, 78.
Wellfleetbav; 1891,135. Westport ; 1887, 193 ; 1891, 137. (See 1882,
65; 1885, 247.)

Commissioners may forbid discharge of sawdust from a mill into a brook.
St. 1890, 129.

The catching of pickerel is restricted. St. 1888, 331.

Squam pond, Gloucester, granted to United States fish commission for
ten years. St. 1892, 43.

Provision made for protection of traps, trawls and seines. St. 1882, 53.

A bount}' provided for destruction of seals. Sts. 1888, 287 ; 1892, 234.

Sects. 10-24. Use of nets in ponds restricted. St. 1884, 318.

An act for the protection of great ponds. St. 1888, 318.

Sect. 12. The provisions for leasing great ponds are repealed. St. 1885,
109. (See 1889, 354.)

Sect. 16. Proceedings against defaulting lessees regulated. St. 1886,
248.

Sect. 17. See St. 1886, 248, § 2.

Chap. 91.] PuBLTC STATUTES. 709

Sect. 25. Provisiou for flowiug lauds iu Barnstable for fish culture. 8t.
1889, 383.

Sect. 31. Rights of riparian proprietors extended. St. 1890, 231.

Sects. 36, 39. Use of nets and seines in Merrimack river regulated.
Sts. 1882, 166 ; 1883, 31, 121 ; 1884, 317. (See 1882, 53.)

Sect. 41. See St. 1884, 199.

Sects. 51-53. Close time for trout, land-locked salmon and lake trout
established. Sts. 1884, 171; 1888, 276; 1890, 193; 1891, 138.

Sale of trout less than six inches in length forbidden. St. 1892, 252.

Sect. 55. See St. 1888, 12G.

Sects. 57, 59. Smelt fishery regulated in certain waters. Sts. 1887,
105; 1890, 30; 1891, 128.

Sects. 68, 69. Cities and toAvns may regulate or prohibit taking of
eels and shell-fish. St. 1889, 391. (See 1889, 64; 1892, 186, 188.)

Sect. 70. Rights acquired under this section not affected by Sts. 1886,
192 ; 1887, 197 ; 1890, 229 ; 1891, 327.

Sects. 73, 74 apply to owners of traps or contrivances for catching
lobsters. St. 1889, 109.

Sect. 76. See Sts. 1882, 102; 1884, 245, 264; 1887, 120.

Sects. 81 et seq. Provisions for protection of lobsters. Sts. 1882, 98;
1884, 212; 1885,256; 1887,314; 1889,109; 1890, 293 ; 1891, 122 ; 1892,
403.

Sect. 85. See St. 1887, 314, § 2.

Sects. 93, 94. The planting and taking of oysters are regulated. Sts.
1884, 284; 1885, 220; 1886, 299. Taking oysters restricted in West-
port; St. 1887, 119. In Yarmouth; St. 1892, 74.

The planting and digging of clams are regulated in certain places. Sts.
1888, 198, 202; 1889, 64.

Sect. 95. The taking of scallops regulated in certain places. Sts.
1887, 96 ; 1888, 223 ; 1892, 88. (See 1885, 220, §§ 3, 4.)

Sects. 97-101 extended to waters where there are no natural oyster beds.
St. 1884, 284.

Use of dredge, tongs, etc., on private oyster beds forbidden without
consent of owners. St. 1885, 220, § 5.

The granting of oyster licenses regulated. Sts. 1885, 220 ; 1886, 299.
(See 1884, 284.)

Sect. 104. Payment of fines and forfeitures regulated. Sts. 1887, 314,
§ 2; 1890, 390, § 3.

Chapter 92. — Of the Preservation of Certain Birds and Other Animals.

This chapter is repealed and revised. Sts. 1886, 276 ; 1887, 300 ; 1888,
292; 1891, 254; 1892, 102. (See 1882, 199; 1883, 36; 1884, 282, 308;
1886,246; 1887,211; 1890,237.)

Provision made for protection of game and prevention of trespass on
private land. Sts. 1884, 308 ; 1890,403,410. (See 1886, 276, § 4.)

Liberating a fox or raccoon in Dukes county is prohibited. Provisiou
for a reward for their destruction. St. 1890, 237.

Sects. 1, 2. The close time for grouse, woodcock, quail and ducks is

710 Changes in the [Chap. 92.

regulated. Killing pinnated grouse at any time forbidden. St. 1891, 142.
(See 1883, 36 ; 1886, 276, § 1 ; 1888, 292 ; 1890, 249.)

Sect. 3. Shooting black duck in Plymouth bay and harbor regulated.
St. 1888, 269. Shooting wild fowl from boats in waters of Nantucket is
forbidden. St. 1886, 246.

Pursuit of wild fowl with a boat propelled by any other ineans than
sails, oars or paddles is prohibited. St. 1892, 102. (See 1886, 246, 276.)

Sfxt. 6. Provision made for extermination of the English sparrow.
St. 1890, 443. (See 1883, 36 ; 1886, 276, § 11.)

Sect. 7. Trapping or snaring of certain game and use of ferrets are made
offences. Sts. 1886, 276, § 6; 1887,300; 1891,254. (See 1884, 308.)

Sects. 8-10. Further provision for protection of deer. Sts. 1882, 199 ;
1883, 169.

Chapter 9,4. — Of Timber afloat or cast on Shore.

Floating of timber in Connecticut river regulated. Sts. 1882, 274 ;
1883, 183.

Chapter 97. — Of "Wrecks and Shipwrecked Goods.

This chapter is revised. St. 1887, 98. (See 1883, 260 ; 1885, 341.)
Provision made for removal of wrecks and obstructions in tide-waters.
St. 1883, 260.

Chapter 98. — Of the Observance of the Lord's Day.

The provisions of this chapter are not a defence to actions for injuries
to a traveller on the Lord's day. St. 1884, 37.

Sects. 1, 2 amended and section 3 repealed. Attending games, etc., on
Saturday night is not forbidden, and certain kinds of work and business
are permitted on Sunday. St. 1887, 391. (See 1886, 82.)

Sects. 13, 15 amended. St. 1887, 391, § 3.

Chapter 99. — Of Gaming.

Provision made for recovery of payments, etc., made on wagering con-
tracts in securities and commodities. St. 1890, 437. (See 1892, 138.)

Provision is made for the removal of certain obstructions in gambling
resorts. Sts. 1887, 448; 1892, 388. (See 1883, 120.)

Sect. 8 amended and provisions in regard to pool selling and register-
ing bets extended. St. 1885, 342.

Sect. 10. The provisions against common gaming houses are revised
and extended. Sts. 1883, 120; 1887, 448, § 2.

Chapter 100. — Of Intoxicating Liquors.

The disposal or placing on file of liquor cases is restricted. St. 1885, 359.

No person under eighteen shall be employed to serve liquor. St.
1890, 446.

Provision is made to prevent sale of liquor in clubs. St. 1890, 439.
(See 1887, 206.)

Sects. 2, 3, 5, 8, 10. Sales by retail druggists and apothecaries regu-
lated. St. 1887, 431.

Chap. 100.] PuBLIC STATUTES. 711

Sect. 5 et seq. The i^ranting of licenses is further limited and regulated.
Sts. 1882, 220, 222, 2-^^ ; 188.3, 93 ; 188.3, 83, 323, § 2 ; 1887, 431 ; 1888,
139, 2Cy2, 340, 341 ; 1889, 270, 361 ; 1890, 446.

Transfer of locality of licenses provided for. St. 1889, 344.

Voting on license question regulated. Sts. 1890, 423. §§ 81-86; 1892,
224. (See 1884, 299, §§ 22-26 ; 1885, 262 ; 1886, 49 ; 1887, 443 ; 1888,
434.)

Sect. 7. Objection may be made by owner of real estate within twenty-
five feet of the premises. St. 1887, 323.

Sect. 9. Sales at night regulated. Sts. 1882, 242 ; 1885, 90.

CI. 4 extended to persons supported by public charity. St. 1884, 158.

CI. 5 revised. Selling liquor at a table in a bar-room prohibited. St.
1891, 369.

Sect. 10, els. 1-5. Sale or delivery is forbidden on election days and
certain holidays. Sts. 1885, 216; 1888, 254, 262; 1889, 347, 361. (See
1885, 90; 1889, 186.)

And may be forbidden in cases of riot or great public excitement. St.

1887, 365.

Cls. 1-3. No license of these classes shall be for a building within four
hundred feet of a public school. St. 1882, 220.

Cls. 1-5. No license of the first five classes shall be granted to be exer-
cised in a dwelling-house or a store having interior connection with a dwell-
ing. St. 1888, 139.

Number of places to be licensed limited. St. 1888, 340.

Provision made for licenses in towns which are summer resorts. Sts.

1888, 340; 1892, 280.

No license except of the sixth class shall be granted to retail druggists and
registered pharmacists. Sts. 1887, 431 ; 1889, 270,

Sect. 11. The minimum fees are increased. St. 1888, 341.

Sect. 12. View of interior of the premises must not be obstructed. St.
1882, 259.

Sect. 13. Further requirements of sureties provided for. St. 1882, 259.
The form of bond is changed St. 1888, 283.

Sect. 16. License shall be void on conviction of violation of any provi-
sion of the liquor laws. St 1887, 392.

Sect. 18 is extended to common victuallers. St. 1882, 242. The pen-
alties are modified. St. 1889, 114. (See 1889, 268.)

Sect. 24. Sales to a minor for his own or any other person's use are
forbidden. St. 1889, 390.

Sale to children under sixteen of candy, or other article, enclosing a
liquid containing more than one percent, of alcohol is forbidden. St. 1891,
333.

Sect. 25 is extended to sales by druggists except on physicians' prescrip-
tions. The mayor or selectmen may give the notice and sue for benefit of
husband, wife, child, parent or guardian. St. 1885, 282.

Sect. 26. Additional facts made jirirna facie evidence. St. 1887, 414.

Sect. 27 is revised and new definition made. St. 1888, 219.

Sect. 29. The inspection and analysis of liquors regulated. St. 1882,
221.

712 Changes in the [Chap. lOO.

Salary of iaspector and assayer fixed. St. 1887, 232. (See 1885, 224 ;

1886, 175.)

Sect. 30. A search warrant may be issued by a justice authorized to
issue warrants in criminal cases. St. 1884, 191. (See 1884, 286.)

Sects. 30, 33, Implements of sale and furniture used or kept to be
used for illegal keeping or sale of liquor may be seized, and may be
destroyed or sold as court may order. Sts. 1887, 406 ; 1888, 297.

Sect. 38. Provision made for disposition of forfeited liquors. Sts.

1887, 53, 406 ; 1888, 297.

Sect. 40. Costs increased in certain cases. St. 1888, 277.

Sect. 45. Clubs may be licensed. St. 1887, 206. (See 1890, 439.)

Chapter 101. — Of the Suppression of Common Nuisances.

Sect. 6. Provision for suppression of nuisances under this section.
St. 1887, 380. (See 1887, 206.)

St. 1887, 414, applies to cases under this chapter. St. 1887, 414, § 3.
Additional costs allowed in certain cases. St. 1888, 277.

Chapter 102. — Of Licenses and Municipal Regulations of Police.

Provision made for registration and licensing of plumbers, and inspection
of their work and materials. Sts. 1882, 252, § 2 ; 1888, 105.

And for licenses for infant boarding-houses. St. 1892, 318. (See
1882, 270, § 3 ; 1889, 309, 416 ; 1891, 194.)

Sect. 4. Time of grant and expiration of licenses changed. St.
1890, 73.

Sects. 12, 15. Liability of innholders further limited. St. 1885,358.

Sect. 13 extended to boarding-houses. St. 1883, 187. Maximum fine
decreased. St. 1884, 169.

Sect. 33. Articles of personal apparel are not to be deemed perishable
within the meaning of this section. St. 1884, 324.

Sects. 33-37. The business of making loans on articles of personal
use or ornament is regulated. St. 1890, 416. (See 1885, 252 ; 1888,
388; 1892, 428.)

Sect. 34. St. 1888, 388, does not apply to licensed pawnbrokers and
does not affect this section. St. 1890, 416, § 6.

Sect. 35. Any district police officer may enter and examine pawn-
shops. St. 1888, 243.

Sect. 39. Provision for licenses for stables for more than four horses.
Sts. 1890, 230, 395 ; 1891, 220. (See 1889, 89.)

No livery stable to be within two hundred feet of a church, etc., without
consent of the society worshipping therein. St. 1891, 220, § 2.

Sects. 40-53 repealed so far as they relate to the city of Boston and
other provisions made. St. 1892, 419.

Sect. 54. Cities and towns may regulate sale or use of toy pistols, toy
cannon and articles in which explosives are used. St. 1882, 272.

Fire-arms or dangerous weapons may not be sold or furnished to persons
under fifteen. St. 1884, 76.

Chap. 102.] PuBLIC STATUTES. 713

Sect. 56. Provision made for notice to chief engineer, etc., of place of
storage of gunpowder and explosive compounds. St. 1882, 2(59.

Shots. G9-75. Regulations for preparation, storage, inspection and sale
of kerosene and petroleum products. St. 1885, 98, 122. (See 1882,
250.)

Sects. 80-84. The licensing of dogs is further regulated. Sts. 1885,
292; 1886,259; 1887,135,307; 1890^72.

The keeping of blood-hounds and other like dogs forbidden. St. 1886,
340. Certain exceptions made. St. 1892, 50.

Special licenses may be granted for breeding purposes. St. 1887, 307.

Bond required to account for receipts from dog licenses. St. 1888, 320.
Time for payment of such receipts changed. St. 1886, 259.

Sect. 83 amended. St. 1886, 101, § 4.

Sect. 86. Provision for recording licenses in cases of transfer. St.
1884, 185.

Sect. 98 et seq. The law as to damages to domestic animals, etc., by
dogs is revised. St. 1889, 454. (See 1886, 259.)

Sects. 115-127. Provision for licensing skating rinks. St. 1885, 196.
And picnic groves. St. 1885, 309. (See 1887, 445.)

Admission of children to places of amusement regulated. St. 1887,
446.

Sects. 116-119. Municipal, district and police courts have jurisdiction
under these sections. St. 1887, 293.

Sect. 124 Rate and manner of payment for these licenses changed.
St. 1882, 2.o8.

Hawking and peddling restricted, and gaming, horse racing and shows
forbidden within one-half mile of licensed groves for picnics, etc. St.
1887, 445. (See 1885, 309.)

Chapter 103.— Of the District and Other Police.

Special officers appointed in an emergency must be residents of the State.
St. 1892, 413.

The district police is divided into an inspection and a detective depart-
ment. St. 1888, 113.

Police matrons required in certain cities. Sts. 1887, 234; 1888, 181.

Sect. 1. Number of district police increased. Sts. 1885, 131; 1887,
256 ; 1888, 389, 426, § 13 ; 1891," 302. 357, § 6.

The requirement of an examination by a justice is repealed. St. 1885,
186. (See 1884, 190.)

Sect. 3. Clerks provided in chief's office and their salaries fixed. Sts.

1890, 137; 1892, 249.

Sect. 5. Salaries fixed. Sts. 1887, 127; 1892, 128.

Sect. 9. Two female inspectors provided for. St. 1891, 302.

Sect. 10. Duties of inspectors extended. Sts. 3887,218; 1888, 149,
§3,316,399, 426. (See 1882, 266, § 6; 1887, 219; 1890, 438; 1891,
261, 357.)

An appeal is given from certain orders of inspectors. Sts. 1890, 438 ;

1891, 261.

Sect. 11. See Sts. 1886, 260, § 3 ; 1890, 83.

714 Changes in the [Chap. io3.

Sect. 15. Railroad police shall be sworn. Tenure of office regulated.
St. 1883, 65. Thev are to be paid no witness fees in certain cases. St.
1890, 440, § 9.

Chapter 104. —Of the Inspection of Buildings.

The height of buildings in cities is restricted. St. 1891, 355.

Sects. 4-12. Provision made for inspection and proceedings under these
sections. St. 1888, 149, 316, 399, 426.

Sect. 6. Provision for appointment of officers where there is no engi-
neer. St. 1888, 399, § 3.

The erection and construction of buildings to be used for certain public
purposes are regulated. St. 1888, 316, 426. (See 1882, 208, 266; 1883,
251; 1884,223; 1885,326; 1886,173; 1887,218; 1890,179.)

Building law for Boston. St. 1892, 419.

Sect. 8. Appeal given from orders of district police inspectors. Sts.
1890, 438; 1891, 261.

Sect. 12. Superior court given concurrent jurisdiction. St. 1891, 293.

Sects. 13-24. In manufacturing establishments run by steam the engi-
neer's room must, if required by inspector, have means to communicate with
machinery rooms, and to control the power. Sts. 1886, 173 ; 1890, 179.

Sect. 14. Extended to mercantile and public buildings. St. 1882, 208.

The use of elevators is further regulated. Sts. 1882, 208 ; 1883, 173 ;
1890, 90.

Sects. 15-20 are repealed and the provisions for precautions against
fires revised and extended. Sts. 1882, 251, 266 ; 1884, 52, 54, 223 ; 1888,
86, 426; 1890, 307. (See 1888, 207.)

Sect. 19. No inside or outside door of factory, etc., shall be fastened
during working hours. St. 1884, 52.

Sect. 20. Theatres must have approved fire-resisting curtains. St.
1888, 426, § 1.

Public buildings and school-houses must have proper sanitary provisions
and ventilation. St. 1888, 149. (See 1891, 261.)

Provision for securing proper sanitary precautions in factories and work-
shops. Sts. 1887, 103, § 3, 173 ; 1888, 305.

Sect. 23 is revised. St. 1887, 276. (See 1882, 266, § 4 ; 1887, 219 ;
1888, 426.)

Sect. 24 is made to apply to sections 16 to 21. St. 1882, 266, § 5.

Chapter 105. — Of Certain Powers, Duties and Liabilities of

Corporations.

Change of name of corporations, subject to provisions of chapters 106-
119, provided for. Sts. 1891, 360; 1892, 198, 201.

Conditions prescribed for foreign corporations doing business here. Sts.
1884, 330; 1887, 214, §§ 77-88, 91, 92; 1888, 429; 1889, 45, 356, 427;
1890, 190, 310, 329; 1891, 275, 341. (See 1882, 106; 1883, 74; 1886,
230; 1888,321; 1890,304,315; 1891,368,382; 1892,129.)

Returns to be made by foreign corporations. Sts. 1882, 106 ; 1884, 330,
1886, 230; 1891, 341. (See 1890, 199.)

Chap. 10').] PuBLIC STATUTES. 715

Assnmina- the name of another corporation , or asiniilar name, is restricted.
St. 181)1, 257. (See 1888, 413, § 27, 429, § 2.)

Issuing obligations, to be redeemed in numerical or arbitrary order of
precedence, is prohibited. St. 1801, 382.

Provision made to enable foreign manufacturing corporations to pur-
chase and hold real estate here. St. 1888, 321.

Provision for insolvency proceedings by or against certain foreign cor-
porations. St. 1890, 321.

Safe deposit, loan and trust companies are subject to the duties, restric-
tions and liabilities set forth in this chapter. St. 1888, 413. (See 1887,
89 ; 1889, 342, 452 ; 1890, 315.)

Sects. 14, 15 are repealed, but ofHcers maybe removed for previous vio-
lations of section 14. St. 1889, 222.

Skct. 21. Stockholder may require list of stockholders filed in oftice of
secretary of the Commonwealth. St. 1889, 222, § 3.

Sect. 24. No record is necessary for the transfer of stock. St. 1884,
229.

s'ect. 28. See Sts. 1884, 268, 330 ; 1890, 321.

Sect. 42. The time limit is stricken out. St. 1884, 203.

Chapter 106. — Of Manufacturing and. Other Corporations.

Corporations created under this chapter may issue special stock, to be
held by their employees only. St. 1886, 209.

Manufacturing corporations may support free beds in hospitals for use
of their employees. St. 1889, 258.

Sects. 3,4,^51. Corporations governed by these sections may change
their business under section 51. St. 1885, 310.

Sect. 6 et seq. Corporations to examine and guarantee titles of real
estate are authorized and regulated. Sts. 1884, 180 ; 1887, 214, §§ 62, 63.
And for the cremation of the dead. St. 1885, 265. (See 1886, 101, § 4 ;
1888, 306, § 2.)

Sect. 11 extended to hydrostatic pressure for mechanical power. St.
1891, 189.

Sects. 11, 52, 75 extended to gas for heating, cooking, chemical and
mechanical purposes. St. 1885, 240.

Sect. 13 extended to include buildings for manufacturing and mechanical
purposes. St. 1888, 116.

Sect. 17. Method established for change of name of corporations, sub-
ject to provisions of chapters 82, 106-119, and acts amendatory thereof .
Sts. 1891, 360; 1892, 198, 201.

Sect. 27. Clause as to proxy or attorney casting more than fifty votes
is repealed. St. 1888, 188. (See 1889, 222.)

Sects. 51, 52. Gas companies may be authorized to furnish electric
light and power. St. 1887, 385. (See 1885, 240.)

Sects. 54, 55, 59, 81, 82, 84. All corporations, with certain exceptions,
are subject to these sections and must make the certificates and returns
therein required. St. 1887, 225.

Any stockholder may require a list of stockholders to be filed. St. 1889,
222, § 3.

716 Changes in the [Chap. io6.

The certificates are deemed to be recorded by the act of filing. They are
to be preserved in book form. St. 1890, 199.

Sects. G2-71 apply to mortgage loan and investment and safe deposit,
loan and trust companies. St. 1888, 387, § 11, 413, § 14.

Sect. 75 et seq. A board of gas and electric light commissioners is estab-
lished, and the business of the companies is regulated. Sts. 188.5, 240,
314; 1886,250,346; 1887,382,385; 1888, 350, 428; 1889, 169; 1890,
252 ; 1891, 351, 370 ; 1892, 67, 259, 263, 274.

Chapter 107. — Of Swine Slaughtering Associations.

Sect. 2 is amended. St. 1886, 101, § 4.

Chapter 109. — Of Companies for the Transmission of Intelligence by-
Electricity.

This chapter, except sections 16 and 18, applies to lines for electric light.
St. 1883, 221. The erection and use of wires are regulated. Sts. 1883,
221 ; 1884, 302, 306 ; 1885, 267, 380 ; 1887, 382, 385 ; 1889, 398, 434.

Provision made for regulation and supervision of wires over streets or
buildings in cities. St. 1890, 404. (See 1884, 302, 306 ; 1887, 382, 385 ;
1889, 398, 434.)

All provisions of law granting authority to erect, lay and maintain, aud
to regulate, telegraph and telephone lines, apply to all corporations and
persons having authority to place posts, wires, etc., in streets for any pur-
pose, and to all telephone lines, electric or otherwise. St. 1889, 398,
434.

Sect. 4 am.ended. Abutters may have damages for erection or altera-
tion of telegraph, telephone and electric light and power lines along high-
ways. St. 1884, 306. (See 1884, 302.)

Sect. 10. Telephone companies must furnish service without discrimi-
nation. St. 1885, 267.

Telegraph companies are made liable to amount of 8100 for damages
caused by negligence in transmitting messages. St. 1885, 380.

Sects. 12, 15. Wires may not be put on another's property without his
consent. St. 1884, 302. (See 1884, 306.)

Electric light or power companies are authorized to mortgage property
to secure bonds. St. 1890, 371.

Chapter 112. — Of Railroad Corporations and Railroads.

The operation of railroads by electricity is authorized. St. 1892, 110.

Railroad corporations are required to issue mileage tickets which shall
be accepted on all railroad lines in the State. St. 1892, 389.

The issuing of free passes to members of the legislature, the executive,
the judiciary and certain others is forbidden. St. 1892, 59.

Railroad companies may join relief societies of employees. Sts, 1882,
244 ; 1886, 125. (See 1887, 270, § 6 ; 1890, 181.)

The Meigs system of elevated railways may be used on certain con-
ditions. St. 1890, 368.

Chap. 11-2.] PuBLTC STATUTES. 717

Sects. 10-12. Salaries fixed: Clerk; St. 1885, 119. Accountant;
1885, 164. Salaries are to be paid monthly St. 1885, 224. Allowance
made for books, maps and incidentals. St. 1890, 200.

Sects. 16, 17. Commissioners may regulate or forbid occupation of
street crossings and direct changes in tracks for that purpose. Sts. 1885,
110; 1890, 382; 1892, 228.

They may order crossings maintained to give access to lands cut off by
railroads. St. 1892, 171.

Sect. 26. The time of return is changed and provision made for change
in form of return. St. 1889, 328. (See 1889, 241.)

Sect. 34. The commissioners must certify that public necessity requires
the construction, before organization of a railroad company under the
general law. St. 1882, 265, § 1.

Sect. 38 et seq. No steam railroad may be located within three miles
of the State house except on certain conditions. St. 1882, 2Go, § 4. (See
1884, 279.)

Eailroad corporations may change their locations to improve the align-
ment of their roads. St. 1887, 430. (See 1882, 149 ; 1884, 134.)

Sect. 44. The proceedings are void unless certificate of incorporation
is issued within one year from the time when the route is fixed. St. 1882,
265, § 2.

Sect. 54. Clause prohibiting the casting of more than fifty votes by a
proxy or attorney is repealed. St. 1888, 188.

Sect. 56. Delivery of written transfer sufficient. St. 1884, 229.
. Sects. 58-60. Street railway companies may increase their capital to
adopt the cable system. St. 1886, 337, § 3.

Sect. 62. Provision made for ratification of notes or bonds not ap-
proved or certified as required in this section. St. 1883, 7. The bonds
may run fifty years. St. 1887, 191.

Sects. 62-73. A purchaser under a valid foreclosure and his grantees
and successors have the same powers and duties as the original corpora-
tion. St. 1886, 142.

Sects. 63-70. Street railway companies may issue bonds, and these
sections shall apply. Sts. 1889, 316 ; 1892, 192.

Sect. 81 et seq. The form and time of returns are established. St.
1889, 241, 328. (See 1887, 225.)

Sect. 82 is applied to street railway companies. St. 1892, 254.

Sect. 89. Time of notice to and filing of location by railroad cor-
porations under St. 1878, 135, § 1, is changed. St. 1882, 149.

Sect. 91 is revised. Land may be taken outside of the location for one
or more tracks, subject in some cases to certain conditions. St. 1884, 134.
(See 1882, 149; 1887, 430.)

Sect. 115. The power to exempt from the duty to fence is transferred
to the railroad commissioners. Proceedings to revoke exemptions regu-
lated. St. 1882, 162.

Sect. Ill et seq. No right of way across any railroad track or location
in Hse for railroad purposes shall be acquired by prescription. St. 1892, 275.

Sects. 117-138. Wood which obstructs view at crossings may be cut.
St. 1889, 371. These sections are not affected by St. 1891, 170.

718 Changes in the [Chap. 112.

Railroad companies must maintain crossings to give access to lands cut
off by their road-beds. St. 1892, 171.

Sect. 127. The commissioners may forbid or regulate the occupation of
street crossings. Sts. 1885, 110; 1890, 382; 1892, 228.

Sects. 128, 148, 160. Provision is made for examination of railroad
bridges. St. 1887, 334.

Sect. 129. Commissioners may act on petition of twenty voters. St.
188.5, 194, § 1.

Sects. 129-134. Pub. Stat., ch. 51, applies to alterations of ways at
railroad crossings. St. 1884, 280.

Provision is made for the abolition of grade crossings. Sts. 1885, 194 ;
1887, 295; 1890, 428; 1891, 33, 123, 262; 1892, 312. (See 1882, 135.)

Sect. 138. Appeal provided from decision of the county commissioners.
St. 1882, 135. (See 1885, 194, § 6; 1890, 428, § 12.)

Sect. 139. Clause forbidding branches within eight miles of the State
house is stricken out. St. 1884, 279. (See 1882, 265, § 4.)

Sect. 148. Railroad drawbridges over Charles river regulated. Sts.
1889, 246; 1890, 118.

Sect. 159. Frogs, switches and guard rails must be blocked to the
approval of the railroad commissioners. St. 1886, 120.

Sect. 161. Provision made for interlocking or automatic signals at rail-
road crossings. Sts. 1885, 85; 1891, 129.

Sect. 163 et seq. The commissioners may forbid or regulate locomotive
whistles at highway crossings. St. 1885, 334.

May require signals at crossings above level of highway. St. 1891, 129.

May recommend changes in making up freight trains and sounding
whistles. St. 1891, 204.

At least three separate and distinct blasts of the whistle are required at
crossings. St. 1890, 173.

Sect. 166. The railroad commissioners maj' require gates, flags or elec-
tric signals at crossings. Sts. 1883, 117 ; 1888, 240.

Sect. 170. Locomotive boilers must be tested. St. 1882, 73.

Safety couplers are required on freight cars, and they must be examined
and tested every two years. Sts. 1884, 222 ; 1886, 242.

Sect. 171. Additional tools and safeguards against fire required. St.
1882,54. (See 1887, 362; 1891,249.)

Sect. 172. The heating of passenger cars is regulated. Sts. 1887, 362 ;
1891, 249.

Sect. 179. The requirement of an examination for color blindness every
two years is repealed. St. 1883, 125.

Sect. 180. Interchangeable mileage tickets are required. St. 1892,389.
Extra fare paid on trains regulated. St. 1883, 32.

Sects. 181-183. Railroad corporations shall not require women and
children to ride in smoking cars. St. 1888, 176.

Sect. 188. Unreasonable preferences in freight charges are forbidden.
St. 1882, 225. (See 1882,94.)

Sect. 204. The maximum penalty for placing obstructions on railroad
tracks is increased. St. 1890, 332.

Sect. 205. The unlawful use, removal or tampering with the tools,

Chap. 112.] PUBLTC STATUTES. 719

etc., required to be carried on passenger trains is made an offence. St.
1882, 54, § 2.

Sect. 207. Word "electric" stricken out. St. 1884, 5.

Sect. 212. Employees are included under this section. St. 1883, 243.
Thoy may sue for damages. Sts. 1887, 270 ; 1888, 155 ; 1892, 2G0.

An action of tort may be brouglit against street railway corporations for
loss of life. St. 1886, 140.

Sects. 223, 224. When their consent is required the commissioners may
regulate tracks at crossings by a railway for private use. St. 1890, 382.

Chapter 113. — Of Street Railway Companies.

This chapter applies to companies using the cable system. St. 1886,
337, § 4.

Liability for injuries regulated. Sts 1886, 140 ; 1887, 270 ; 1888, 155 ;
1892, 260.

Street railway' companies may issue mortgage bonds in certain cases and
Pub. Sts., ch. 112, §§ 63-70, apply. Sts. 1889, 316; 1892, 192.

They may join relief societies of employees. St. 1890, 181. (See 1882,
244; 1886, 125; 1887, 270, § 6.)

Sect. 12. Clause as to proxy, etc., casting more than fifty votes re-
pealed. St. 1889, 210. (See 1884, 229; 1889, 222.)

Sects. 13-18. Further provisions made as to increase and reduction of
capital stock. Sts. 1886, 337; 1887, 366; 1890, 326.

May increase stock to adopt cable system. St. 1886, 337.

Sect 19 ei seq. The Meigs system may be used on certain conditions.
St. 1890, 368. Or the cable system. St. 1886, 337.

Sect. 27 etseq. Children under ten not to be permitted to enter cars to
sell newspapers, etc. St. 1889, 229.

The requirement of fenders under St. 1890, 364, is repealed. St. 1891,
366.

Sect. 39. Cable system may be used. St. 1886, 337. (See 1887, 413,
§ 4.) Electric system authorized in Boston. Sts. 1887, 413, § 4 ; 1890,
454, § 12.

Sects. 40, 41. The railroad commissioners may regulate crossings by
steam railroads. Sts. 1885, 110; 1892, 228. (See 1890, 382.)

Sect. 43. Railroad commissioners may require additional accommoda-
tions for the travelling public. St. 1891, 216.

Sect. 46. See 1887, 413.

Sect. 48 et seq. One compan}' may not use tracks of another company
unless authorized by the railroad commissioners. St. 1888, 278. (See
1887, 413.)

Sect 58. Companies are required to contribute to expense of printing
and bincdng their annual returns. St. 1892, 254.

Sect. 63. Superior court given concurrent jurisdiction. St. 1891, 293.

Chapter 114. — Of Agricultural and Horticultriral Societies.

Corporations organized under this chapter may be authorized to improve
public grounds. St. 1885, 157.

720 ChAI^GES in the [Chap. 114.

" Arbor day" established. Res. 1886, 32.

Sect. 1. The bounty shall be given to the only society in a county, not-
withstanding there is another within twelve miles, or the subsequent incor-
poration of another society in the same county. St. 1890, 297.

No agricultural society receiving a bounty can sell or mortgage its real
estate except on certain conditions. St. 1890, 274.

Sect. 2. Time of filing certificate changed. The board may require
other returns. St. 1891,124.

Sect. 20 et seq. Entering or driving a horse that is disguised or differ-
ent from the one purported to be entered, etc., to compete for a purse or
premium is punishable. St. 1892, 167.

Provision made for assignment of police officers at exhibitions. St.
1892, 180.

Registration of pedigrees of horses used for breeding purposes provided
for. St. 1890, 334.

Chapter 115. — Of Associations for Charitable, Educational and Other

Purposes.

Provision made for incorporation of labor and trade organizations. St.
1888, 134. (See 1892, 330.)

And for formation of relief societies of railroad, steamboat and street
railway employees, in which the companies may join. Their funds are not
attachable. Sts. 1882, 244 ; 1886, 125 ; 1890, 181. (See 1887, 270, § 6.)

The consolidation of masonic mutual relief associations is authorized. St.

1887, 140.

The incorporation of clubs is regulated. St. 1890, 439.

The coaferring of medical degrees by corporations organized uuder this
chapter is forbidden. St. 1883, 268.

The provisions of this chapter apply to churches incorporated under
St. 1887, 404.

Sect. 3. Increase of stock and par value of shares regulated. Sts. 1888,
177; 1890, 191.

Sects. 3-5. Corporations may be formed for life and casualty insurance
on the assessment plan. St. 1885, 183, § 2. (See 1887, 214, §§ 2, 3;

1888, 429.)

Sects. 8-12 repealed, and law as to fraternal beneficiary organizations
revised. Sts. 1888, 429 ; 1890,341,400; 1891,163; 1892,40,435. (See
1882, 195; 1885, 183; 1887, 140, 214; 1892, 201.)

Chapter 116. — Of Savings Banks and Institutions for Savings.

Custody of books and papers of insolvent institutions provided for. Sts.
1882, 77; 1884, 72; 1883, 258, § 2.

Sects. 1, 2. The board increased and salaries fixed. St. 1889, 321.
(See 1886, 252.)

Salaries of clerks fixed. Sts. 1882, 148; 1889, 77; 1892, 248. (See
1886, 252.)

Sect. 3. Provision made for simultaneous examinations when a savings
bank and a national bank are connected. St. 1888, 51.

Duties of commissioners extended. Sts. 1888, 170; 1891,403.

Chap. IIG.] PUBLTO STATUTES. 721

Sr.CT. 11. Business may not be carried on here under the name of a
savings bank unless by an institution incorporated under the laws of the
Commonwealth. 8t. 1889, 452.

Sects. 11, 18-20. The place of business is regulated. Sts. 1884, 253 ;
1880, 91.

Sects. 13, 21, 2.3, Names of board of investment must be published
twice a year. St. 1882, 50.

Sect. 14 amended. New provisions made as to treasurer's bonds. Sts.
1886, 93 ; 1889, 180.

Sect. 1G. Notice of meeting must be both published and mailed. St.
1884, 150.

Sect. 17 amended. St. 1888, 120.

Sects. 17, 18. Provision for forfeiture of membership for failure to
attend meetings and perform duties. Sts. 1888, 9G, 120 ; 1890, 222.

Sect. 18 amended. St. 1888, 96.

Sect. 19. Limitations of amount to be deposited and draw interest do
not apply to deposits by order of a probate court under ch. 144, § 16.
St. 1889, 86, 449. (See 1885,376; 1889, 185; 1890, 408.)

Savings banks must yearly make an accurate trial balance of depositors'
ledgers. St. 1889, 88.

Sect 20. The limit of authorized investments is extended. Sts. 1883,
134; 1885, 111, 124, 348; 1886, 69, 176; 1887, 113, 196; 1888, 53, 90,
213, 250, § 2, 301, § 6 ; 1889, 305 ; 1890, 168, 298, 369, 394. (See 1882,
231; 1883, 127; 1884, 164; 1887,423.)

CI. 2. " Net indebtedness " is defined. St. 1883, 127.

CI. 3 is revised and extended. Sts. 1887, 196; 1888, 213; 1889,
305.

CI. 4 is revised. St. 1890, 168. (See 1882, 224; 1883, 202;
1886, 95.)

CI. 6. The amount to be loaned on personal security and time of loan
are limited. Sts. 1884, 168 ; 1886, 69. (See 1884, 56.)

CI. 7. See Sts. 1884, 253 ; 1889, 91.

CI. 8. Time for sale of real estate held by foreclosure extended. Sts.
1882, 200; 1883, 52, 248 ; 1886, 77.

Sect. 21. The officers may not borrow or use funds of, nor become
obligors or sureties to, the bank. St. 1889, 161.

Sect. 27. Payment of extra dividends made permissive instead of
obligatory. St. 1888, 355.

Sect. 29. Provision for payment of orders after death of depositor.
St. 1885, 210, § 2.

Sect. 34. Deposit books must be verified every third year. St.
1888, 40. An accurate trial balance of depositors' ledgers must be made
yearly. St. 1889, 89.

Sects. 40, 41. A return must be made to commissioners, and published,
of all deposits unclaimed for twenty years. St. 1887, 319.

The form and manner of verification of the reports are changed. Sts.
1888, 127; 1890, 44.

Sect. 44 is repealed and new provision made for payment of unclaimed
dividends. Sts. 1883, 258; 1886, 300. (See 1882, 77; 1890, 330.)

722 Changes in the [Chap. 117.

Chapter 117. — Of Co-operative Savings Fund and Loan Associations.

The title of this chapter and name of associations changed to " Co-
operative Banks." St. 1883, 98.

The business of co-operative banking is regulated. Sts. 1882, 251 ;
1885, 121 ; 1887, 216; 1881), 159, 452; 1890, 63, 243, 310; 1891, 403.

The business may not be carried on here in name of a co-operative bank
unless incorporated here. St. 1889, 452. (Sec 1891, 403.)

The capital stock, corporate franchise and personal estate of co-operative
banks are exempted from taxation. St. 1890, 63.

Co-operative banks must make an annual return under oath to the sav-
ings bank commissioners. St. 1889, 159, § 2.

Shares may be issued in name of a minor or a trustee. St. 1887.
216, § 3.

Sect. 1. The consent of the savings bank commissioners is required
for the formation of co-operative banks. St. 1890, 243.

Sect. 5. Co-operative banks must provide a guaranty fund. St. 1885,
121, § 2.

The limit of capital refers to the capital paid in on shares. St. 1887,
216, § 1.

Sect. 6. One person may be secretary and treasurer. St. 1885,
121, §1.

Sect. 8. The mode of retiring shares is determined and their value.
St. 1887, 216, § 2. (See 1882, 251 ; 1883, 98 ; 1885, 121.)

Sect. 9. Before payment of matured shares, arrears and fines are to
be deducted. St. 1882, 251, § 1. Interest is allowed for all full months
from last adjustment. St. 1887, 216, § 5.

Sect. 10. Interest may be bid instead of a premium. St. 1882, 251,
§ 2.

Directors may loan money on shares of the corporation. St. 1890, 78.

Sect. 13. The real estate must be in the Commonwealth. St. 1889,
159, § 1.

Sect. 14. Provision for partial payments. St. 1887, 216, § 4.

Sect. 16 is revised. Sts. 1882, 251, § 1 ; 1885, 121, § 4.

Sect. 18. See 1885, 121, § 2.

Sect. 20. See 1891, 403.

Chapter 118. — Of Banks and Banking.

Foreign banking corporations doing business here shall indicate on their
signs, letter heads, etc., the name of the State or country in which they are
chartered. St. 1890, 329.

The incorporation and conduct of safe deposit, loan and trust companies
are reguLated. Sts. 1887, 89; 1888, 413; 1889, 342, 452; 1890, 315,
329; 1892, 327.

And of mortgage loan and investment companies. Sts. 1888, 387 ; 1889,
427,452; 1890,329; 1891,233,275.

A commissioner of foreign mortgage corporations is established. Sts.
1889, 427; 1891, 275.

CiiAr. 110.] Public Statutes. 723

Chapter 119. — Of Insurance Companies and Insurance.

This chapter is repealed aud the insurance laws revised and codified.
Sts. 1887, 214, 283; 1888, 84, 141, 151, 1G5, 429; 1889, 356, 378; 1890,
26, 197, 247, 304, 330, 341, 400, 421; 1891, 195, 239, 291, 368; 1892,
40, 47, 129, 372, 435. (See 1883, 33, 107, 126, 235, 258; 1884, 55, 58,
119, 120, 177, 178, 217, 235, 296; 1885, 183, 241, 300, 308, 354; 1886.
187, 222, 300.)

Domestic insurance companies may reinsure in foreign companies on cer-
tain conditions. Sts. 1891, 368; 1892, 47. (See 1887, 214, § 20; 1888,
429, § 10.)

Title insurance companies authorized and regulated. Sts. 1884, 180 ;
1887,214, §§ 62-64. They may guarantee titles to personal property. St.
1889, 378.

Accident insurance companies may insure the liability of employers for
injuries received by employees. St. 1889, 356. And life insurance com-
panies ma}' insure against accidents. St. 1891, 195. (See 1887, 214, § 80.)

Disposal of certain unclaimed funds of insolvent companies regulated.
St. 1890, 330.

Sects. 2, 4. Commissioner's salary fixed. St. 1890, 247. (See 1888,
84.) Clerks' salaries and clerical assistance. St. 1888, 84. (See 1886,
,187; 1887, 214, § 5.)

Sects. 21, 38, 167. Moneys to be paid by life or casualty insurance
companies doing business on the assessment plan are made not attachable.
St. 1885, 183, § 11. (See 1887, 214, § 73 ; 1892, 372.)

Sect. 69. Payment of dividends regulated. Sis. 1887, 214, § 38 ;

1891, 289.

Sect. 139. Selection of referees under standard policy regulated. Sts.
1888, 151 ; 1891, 291.

Sect. 145. Life and casualt}'^ insurance on the assessment plan is regu-
lated. Sts. 1890, 421 ; 1892, 435. (See 1885, 183.)

The organization and business of fraternal beneficiary associations are
regulated. Sts. 1888, 429; 1890, 341, 400; 1891, 163; 1892, 40, 435.
(See 1882, 195; 1885, 183; 1887, 140, 214; 1890, 421, § 1; 1892,
201.)

Sect. 156. Expense of care and custody of trust deposits is to be
assessed on corporations, etc., making deposits. St. 1891, 233, § 2.

Sect. 167. See Sts. 1885, 183, § 11 ; 1887, 214, § 73 ; 1892, 372.

Sect. 173 repealed. St. 1883, 258. (See 1886, 300.)

Sect. 183 et seq. Provisions to prevent fraud in obtaining insurance.
Sts. 1885, 183, § 12 ; 1887, 214, § 90 ; 1888, 429, § 16 ; 1890, 421, § 24 ;

1892, 372.

Sects. 196-202. Admission of foreign companies regulated. Sts. 1887,
214, §§ 77-82, 91, 92; 1889, 356; 1890, 304; 1891, 195, 368; 1892,
40, 47. (See 1884, 120, 178.)

Chapter 120. — Of the Alienation of Real Estate.

Sect. 1 et seq. The recording of an instrument affecting title is made
conclusive evidence of delivery. St. 1892, 256.

724 Changes in the [Chap. 120.

Sect. 4. Office copies of records may be recorded in another county or
district where part of the land lies. St. 1889, 448.

Disseizin or adverse possession shall not defeat a convej^ance. St. 1891,
354.

A mortgage is declared invalid against an assignee in insolvency in cer-
tain cases. St. 1888, 393.

Sect. 1.5. Provision for construction of words importing a want or
failure of issue. St. 1888, 273.

Chapter 122. —Of Easements.

No right of way across a railroad location in use for railroad purposes
shall be acquired by prescription. St. 1892, 275.

Chapter 124. — Of the Rights of a Husband in the Real Estate of his
Deceased Wife, and the Rights of a Wife in that of her Deceased
Husband.

Sect. 1. Words "if his wife does not otherwise provide by will," in
sixth and seventh lines, and word " intestate," in eighth line, stricken out
Sts. 1885, 255 ; 1887, 290.

Sect. 17. The claim mav be determined in the probate court. St. 1889,
234.

Chapter 125. — Of the Descent of Real Estate.

Sect. 4. If the mother also is dead, the estate descends to the persons
entitled by inheritance through her. St. 1882, 132.

Chapter 126. — General Provisions concerning Real Estate.

Conditions or restrictions affecting title or use of real estate, unlimited
as to time, shall be construed as limited to thirty years, except in certain
cases. St. 1887, 418.

Provision made for proceedings to determine validity, nature and extent
of certain conditions, restrictions, etc., on real estate. Sts. 1889, 440;
1890, 427. (See 1882, 237.)

Construction placed on words importing want or failure of issue. St.
1888, 273.

Sects. 5, 6. Conveyance or device to husband and wife creates a ten-
anc}' in common unless otherwise expressed. St. 1885, 237.

Sect. 13 extended to judgments and decrees. St. 1892, 289.

Chapter 127. — Of Wills.

Sect. 8. Marriage shall act as a revocation, except in certain cases.
St. 1892, 118.

Sect. 34 repealed so far as it applies to probate courts. St. 1891, 415.

Chapter 129. — Of the Probate of Wills and the Appointment of

Executors.

The probate of a will is made conclusive in certain cases after two years.
St. 1889, 435.

Chap. 120 ] PUBLIC STATUTES. 725

Sects. 1, 2. Petitions for probate must be sworn to by petitioner. St.
1891, -iU.

Chapter 130. — Of the Appointment of Administrators.

Sect. 1. Petitions for letters testamentary must be sworn to by peti-
tioner. St. 18;)1,414.

Sect. 2. Provision made for granting administration without notice in
certain cases. St. 1885,200. And to any suitable person. St. 1890, 265.

A decree of intestacy is made conclusive in certain cases after two
years. St. 1889, 435.

Sects. 2, 8. Administrators maybe allowed to give bond without sure-
ties in certain cases. Failure to give a new bond when required shall be
considered a resignation. St. 1885, 274.

Sect. 4. Administration may be granted for cause upon particular
property more than twenty years after the person's death. St. 1889, 192.
(See 1885, 242.)

Sects. 10-17. Special administrator may be allowed to pay expenses
of executor in proving the will. St. 1884, 291. (See 1884, 131.)

Chapter 131. — Of Public Administrators.

Sect. 18. Time for presenting claims under this section limited. St.
1883, 264.

Chapter 132. — General Provisions relative to Executors and
Administrators.

Probate courts given jurisdiction in equity in administration of estates
of deceased persons. Proceedings regulated. St. 1891, 415.

Sects. 1-4. Provisions as to the proof of notice are revised. Sts.

1888, 148, 380; 1889, 315.

Sects. 11-13. See St. 1889, 462.

Chapter 134. — Of Sales and Mortgages of Real Estate by Executors

and Administrators.

Executors and administrators may be licensed to sell at private sale. St.
1886, 137.

Real estate appraised at Si, 500 or less may be sold for purposes of dis-
tribution. St. 1890, 266.

Sect. 13. Change in method of proof of notice. Sts. 1888, 148, 380;

1889, 315.

Chapter 135. — Of Allowances to Widows and Children and of the
Distribution of the Estates of Intestates.

Provision made for a State tax of five per cent, on collateral legacies and
successions, and on grants to take effect after death of grantor in estates
exceeding §10,000. Sts. 1891, 425 ; 1892, 379.

Sect. 3, cl. 3. Husband is entitled to one-half of the personal estate.
St. 1882, 141.

Cl. 5. If intestate leaves a widow and no kindred, the widow is entitled
to the whole of the residue. St. 1885, 276.

72G Changes in the [Chap. 136.

Chapter 136. — Of the Payment of Debts, Legacies and Distributive

Shares.

Provision is made for a State tax ou certain collateral legacies and
successions and ou certain grants, to take effect after death of grantor.
Sts. 1891, 425; 1892, 379.

Sect. 19 e^ seq. Where a legatee is a minor witlioiit a guardian, court
may order the legac}' to be deposited in a savings bank under P. S., ch.
114, § 16. St. 1889, 185.

Real estate appraised at $1,500 or less may be sold for distribution.
St. 1890, 266.

Chapter 139. — Of Guardianships.

Sects. 1-3. Certain corporations are authorized to be guardians of
minors. Sts. 1885, 362; 1890, 117.

Sects. 2-4. The probate court may require parents to contribute to sup-
port of their minor children under guardiausliip. St. 1891, 358.

Sect. 16 is extended to married women who are minors. St. 1890, 259.

Sect. 29 et seq. Guardians residing out of the State must appoint an
agent here. P. S., 132, §§ 11-13, apply to them. St. 1889, 462.

Chapter 140. — Of Sales and Mortgages of Real Estate by Guardians.

Sect. 18 is extended to any interest in real estate. St. 1885, 258.

Chapter 141. —Of Trusts.

Probate courts have jurisdiction in equit}' over trusts created by will.
St. 1891, 415.

Sects. 4-11. Foreign trustees must have an agent here. The pro-
visions of P. S., ch. 132, §§ 11-13, apply. St. 1889, 462.

Sect. 16 is revised. Trustee may be exempted from furnishing surety
on request of parties interested. St. 1891, 339.

Sect. 23 is extended to other improvements. St. 1889, 66.

Sect. 27 is extended to trusts created under any written instrument. St.
1892, 116.

Chapter 142. — General Provisions relative to Sales, Mortgages, Re-
leases, Compromises, etc., by Executors, Administrators, Guar-
dians and Trustees.

A foreign guardian or trustee must have an agent here. P. S., ch. 132,
§§ 11-13, apply. St. 1889, 462.

Sect. 14 is extended to administrators with the will annexed. Those
claiming as legatees or devisees whose interests are affected are to be made
parties. St 1889, 266.

Sect. 23 is extended. Defective acts or proceedings may be ratified or
confirmed. St. 1888, 420.

Chap. 113.] PUBLIC STATUTES. 727

Chapter 143. — General Provisions relative to Bonds of Executors,
Administrators, Guardians and Trustees.

Foreign fidelity insuniuce companies maybe sureties, and companies may
be organized here to act as sureties. St. 1887, 214, §§ 29, 61. (See 1884,
2'JG; 188,3, 241.)

Chapter 144, — Of the Accounts and Settlements of Executors, Admin-
istrators, Guardians and Trustees.

Sect. 7. Money paid with the approval of the judge for procuring
surety on the bond may be allowed. St. 1886, 233. (See 1887, 214,
§§29,61.)

Bequests to executors in excess of a reasonable compensation are liable
to the State legacy tax. St. 1891, 425, § 3.

Sects. 13, 14 are extended to executors and administrators. St. 1889,
466.

Sect. 16. Legacies to persons w-hose residence is unknown, and to
minors without guardians, may be deposited. Sts. 1885, 376 ; 1889, 185.

The amount which may be deposited and draw interest is not limited.
St. 1889, 86, 449.

Provision is made for final distribution of deposits by the probate court
in certain cases. Sts. 1889, 449, § 2 ; 1890, 408.

Chapter 145. — Of Marriage.

Sect. 11 is extended to residence here for five years unless libellant
removed here for the purpose. St. 1886, 36.

Sects. 11, 15. The superior court has exclusive original jurisdiction
under these sections. St. 1887, 332.

Sect. 24. The returns shall be preserved and arranged for reference.
St. 1887, 202, § 3.

Change made in form of record and returns, St. 1892, 300.

Chapter 148. — Of Divorce.

Provision is made for returns of statistics of divorce. St. 1882, 194.

The superior court has exclusive original jurisdiction of all cases of
divorce and nullity and validity of marriages. St. 1887, 332.

Sect. 1. Divorce may be decreed for gross and confirmed drunkenness
caused by the use of opium or other drugs. St. 1889, 447. And for any
legal cause notwithstanding an absence which would raise a presumption
of death. St. 1884, 219.

Sect. 10. When adultery is charged the alleged 2>f"''*ce/?s c?'min«s may
contest. St. 1890,370.

Sect. 19. The application must be made to and the decree made by
the justice. St. 1882. 223.

Sects. 42-44. Procuring a fraudulent divorce ; advertising, by one not
a member of the bar, the business of procuring divorces ; and unlawfully
issuing certificates of divorce, are made offences. Sts. 1886, 342; 1887,
320; 1891, 59.

728 ChAXGES IX the [Chap. 147.

Chapter 147. — Of Certain Rights and Liabilities of Husband and Wife.

A wife has right of interment in any tomb or lot which her husband
owned during coverture. 8t. 1883, 262. (See 188.5, 302.)

Sect. 1. A wife cannot, without his written consent, destroy or impair
her husband's life estate in one-half her lands where there is no issue. St.

1889, 204. (See 1884, 301 ; 1885, 255 ; 1887, 290.)

Sect. 3 is revised. Nothing contained in the preceding section shall
authorize such transfer. St. 1884, 132.

Sect. 6 extended to the case where there is no issue, and exception is
made if the wife is living apart for cause approved by the court. Sts. 1885,
255; 1887, 290. (See "^1 884, 301 .)

Sect. 16 et seq. Provision is made for release of the courtesy by the
guardian of an insane husband. St. 1886, 245.

Sect. 20. The notice shall be such as the court mav order. St.

1890, 105.

Sects. 31-33, 36. Tlie probate court has exclusive original jurisdiction
under these sections and the appeal is to the superior court. St. 1887,
332, §§ 2, 3. (See 1888, 290.)

Sect. 36. Probate courts may require parents to contribute to support
of children under guardianship. St. 1891,358.

Chapter 148. — Of the Adoption of Children and the Change of Names.

Adoption of pauper and illegitimate children regulated. Sts. 1891, 194 ;
1892, 318.

Sect. 3 is amended. St. 1886, 101, § 4.

Sects. 12-14. A list of names changed, ordered published. St. 1884,
240.

Chapter 150. — Of the Supreme Judicial Court.

Sect. 5. See St. 1892, 435.

The superior court is given exclusive original jurisdiction of cases of
divorce and nullity of marriages. St. 1887, 332, § 1.

And of capital crimes. St. 1891, 379.

And of petitions for partition and writs of entry. St. 1892, 169.

Appeals on petitions under sections 31-33 and 36 of chapter 147 are
to superior court. St. 1887, 334, § 3. (See 1888, 290.)

Sect. 7. Questions for the full court may be heard in any county. St.
1892, 127.

Sect. 14. Further provisions in cases of frivolous appeals and excep-
tions. St. 1883, 223, § 5.

Sect. 16. When appeal or exceptions are not entered, the court below
may affirm the judgment. St. 1888, 94.

Sects. 18-20, 24, 26-29 repealed. St. 1891, 379.

Sects. 21, 22, 23 and 25 are repealed. St. 1886, 339.

Sect. 30 et seq. Practice is further regulated. Sts. 1885, 384; 1886,
223 ; 1887, 383 ; 1892, 127. (See 1883, 223 ; 1884, 316.)

Sect. 31. Return days changed. St. 1885, 384.

Chap. 150.] PUBLTO STATUTES. 729

The law term for Worcester is changed. St. 1885, 48. And for Bristol,

Dukes and Nantucket. St. 181)1, 287.

Skct. 39. Salaries fixed. St. 1892, 104. (See 1888, 274, § 1.)
Pensions are provided for. St. 1885, 162. And travelling expenses.

St. 1892, 104. (See 1888, 274, § 1.) And clerical assistance. St. 1891,

89.

Chapter 151. — Of the Supreme Judicial Court Equity Jurisdiction.

The equitv jurisdiction is extended. Sts. 1884,285; 1887,380; 1891,
383 ; 1892, 435.

Sect. 2, cl. 11. See Sts. 1884, 285 ; 1887, 214, § 73.

Sects. 5-7. Practice regulated and forms established. Sts. 1883, 223 ;
1884, 316 ; 1885, 384 ; 1887, 383 ; 1890, 154.

Chapter 152. — Of the Superior Court.

Sect. 1. The number of justices is increased. St. 1892, 271. (See
1886, 31 ; 1888, 58.)

Sect. 2. Provision for sessions by three justices in capital cases. St.
1891, 379. And without a jury in certain actions at law. St. 1891, 227.

Sects. 3-6. Jurisdiction is given in equity and practice regulated. Sts.
1883,223; 1884,304,316; 1885, 384; 1887, 246, 332, 380, 383; 1890,
154, 374; 1891, 227, 362, 383 ; 1892, 435, 440.

Separate equity docket required in Middlesex and Suffolk. St. 1892, 440.

Exclusive original jurisdiction given in causes of divorce and nullity of
marriage. St. 1887, 332, § 1. And of capital crimes. St. 1891, 379.
And of petitions for partition and writs of entry. St. 1892, 169.

Jurisdiction is given of certain appeals from the probate court. St. 1887,
332, § 3.

Sects. 7, 8. The right to remove actions and petitions for partition
under these sections is taken away. St. 1892, 169. (See 1885, 384, § 14.)

Sect. 11 repealed. St. 1892, 105.

Sect. 17. Changes in sessions: Barnstable; St. 1891, 175. Bristol;
1888, 314 ; 1891, 287. Dukes ; 1889, 308. Essex ; 1885, 191 ; 1889, 461.
Franklin; 1889, 327. Hampden; 1885, 27. Middlesex; 1892, 391.
Norfolk; 1889, 287. Plymouth; 1885, 134.

Sect. 18. Changes in adjourned sessions: Essex; St. 1889, 461.
Plymouth ; 1885, 134.

Return days changed. St. 1885, 384.

Petitions for damages for land taken by any town in Nantucket or Dukes
may be brought in Bristol. St. 1887, 50. (See 1885, 384, § 1.)

Sect. 24 is repealed. St. 1887, 183.

Sect. 28. Provision made for pensions. St. 1887, 420.

Salaries are fixed and allowance made for travellins: expenses. St. 1892,
328. (See 1882,205; 1888,274.)

Chapter 153. — Of Matters common to the Supreme Judicial Court and

the Superior Court.

Sect. 4. Provision made for agreements to postpone, etc., cases on the
trial lists. Sts. 1884, 304; 1890, 154. (See 1883, 223.)

730 Changes in the [Chap. 153.

Superior courts to establish rules for practice under St. 1887, 332.

Sects. 7, S. See St. 1891,227.

Sects. 10, 13. Provisions for proving exceptions when the disability or
death of the justice prevents his signing them. St. 1882, 239.

Sect. 12 extended to criminal cases. St. 1891, 362.

Sect. 15. Clerks shall furnish to the attorney-general printed copies
of exceptions and reports in cases in which the Commonwealth is inter-
ested. St. 1890, 374.

Sect, 23. The original vouchers or bills must be delivered with the
orders. St. 1890, 206.

Chapter 154. — Of the Police, District and Municipal Courts.

Sect. 1. Police and district courts established, as follows: First and
second, of Barnstable ; St. 1890,177. Brockton; St. 1885,155. (See

1887, 322.) Brookline; Sts. 1882, 233; 1884, 211; 1888, 60. East
Boston, district; St. 1886, 15. Second, Essex ; St. 1888,193. Western
Hampden; St. 1886, 190. (See 1888,88.) Hampshire; St. 1882, 227.
Marlborough ; St. 1882, 233. Third and fourth, eastern Middlesex ; Sts.

1882, 233; 1888, 59; 1889, 312. Southern Norfolk; St. 1891, 273.
First, northern Worcester ; Sts. 1884, 215; 1885, 286; 1888, 212.

Sect. 2. Courts abolished: East Boston, municipal; St. 1886, 15.
Cambridge, police; St. 1882, 233. First, Plymouth; St. 1885, 155.

Judicial districts changed : Brockton; St. 1887, 322. Gloucester ; 1888,
249. P'irst, eastern Middlesex; 1888, 59. Fourth, eastern Middlesex;

1888, 59 ; 1889, 312. First, southern Middlesex; 1882, 169.

Sects. 4, 25. The justices may intercliange services. St. 1885, 132.
(See 1882, 43, 233.)

Sects. 5, 6. Clerks given : Southern Berkshire ; St. 1886, 333. Brook-
line ; 1888, 60. Chelsea; 1882, 176. Chicopee ; 1891, 78. Hampshire;

1883, 80. Lowell (assistant); 1889, 152. Second, eastern Middlesex;
1883, 97.

Clerical assistance allowed: First, eastern Middlesex. St. 1889, 317.

Clerks and justices of courts having no clerks must deposit public moneys
beyond what is required for immediate use. St. 1890, 215.

Sect, 8. Compensation of j>ro tempore clerks fixed. St. 1888, 352,

Sect. 11 et seq. Criminal jurisdiction extended, Sts. 1885, 149, 322;
1887, 293; 1892, 188, § 5.

Jurisdiction given in naturalization proceedings. Sts. 1885, 345 ; 1886,
45, 203 ; 1891, 180, 419 ; 1892, 348.

Original writs shall not be returnable more than sixty days from date.
St. 18^92, 148.

Sect. 16 extended to all district, police and municipal courts. St.
1885, 45.

Sect. 23. Sessions changed: Northern Berkshire; St. 1884, 266.
Hampshire; Sts. 1883, 75; 1889, 122. (See 1882, 227; 1883, 80).
Northern Worcester ; 1888, 212.

Sects. 23, 25. When no justice is present, sheriff or deputy may ad-
journ court. St. 1884, 188.

Chap. loL] PuBLTC STATUTES. 731

Sect. 24 extended. Justices are to certify montbl}'. Sts. 1890, 440,
§ 11 ; 1891, 70.

Sect. 25. When special justices act, tlie record must state the fact giv-
ing them jurisdiction. St; 1892, 268.

Sect. 26. Travellins: expenses allowed to special justice in Hampshire.
St. 1884, 205. (See 1885, 40.)

Sect. 27. Police and district courts in Middlesex may establish uniform
return days and rules in civil cases. St. 1890, 359.

Sect. 29. Uniform blanks and dockets provided for, except in certain
cases. St. 1888, 285.

Sect. 30. Process is to bear the teste of the first justice, who is not a
party. St. 1888, 415. (See 1886, 13.)

Sects. 34, 35. A controller of accounts provided for, and method of
accounting regulated. Sts. 1887, 438; 1890, 204, 216, 440; 1891, 416.
(See 1886, 169; 1888,257.)

Funds, bej'ond what are required for immediate use, must be deposited.
St. 1890, 215.

Apportionment of fines to informers in certain cases. St. 1891. 416.
(See 1890, 440, § 5.)

Sect. 36. Witness fees are to be paid at end of trial. Sts. 1888, 180 ;
1891, 392. (See 1890, 440, § 8.)

Sect. 37. Fees and costs are regulated in certain cases. Sts. 1890,
256, 353, 440; 1891, 325; 1892, 200, § 3. (See 1892, 268.)

Sect. 38. See St. 1885, 235.

Sects 39, 52 extended to all municipal, police and district courts.
St. 1882, 95.

On appea's, the record shall contain details of fees and expenses. St.
1890, 440, § 10.

Sect. 42 etseq. The justices may act for each other in certain cases.
St. 1882, 43.

The municipal court of East Boston is aboKshed, and East Boston dis-
trict court established. St. 1886, 15.

Clerks and clerical assistance provided for: East Boston ; St. 1886, 15.
South Boston; 1887, 327. Charlestown ; 1889,206. Dorchester; 1885,
79. West Roxbury ; 1887, 274.

Sect. 55. Number of justices increased. Sts. 1882, 41 ; 1888, 419,
§ 11.

Sect. 58. Assistant clerks and clerical assistance provided for. Sts.
1883, 47 ; 1885, 42, § 2, 137, § 2 ; 1888, 419, § 13 ; 1889, 170.

Sect. 62. Additional sessions by special justice provided for. St.
1885,42, § 1. When he acts he must state in the record the fact which
gives him jurisdiction. St. 1892, 268.

Sect. 64. Salaries of justices fixed : First and second Barnstable ; St.
1890,177. Central Berkshire ; 1887,190. Northern Berkshire ; 1887, 61.
(See 1884, 266, § 3.) Southern Berkshire; 1884, 231. Boston; 1887,
163. (See 1882, 41, § 2.) East Boston; 1892, 100. (See 1886, 15.)
South Boston ; 1889, 242. Brighton ; 1885, 49. First Bristol ; 1889, 261.
(See 1884, 220.) Second Bristol; 1891, 108. Third Bristol; 1889,54.
Brockton; 1885, 155. Brookline ; 1884, 211. (See 1882, 233, § 6.)

732 CHA]^aES TN" THE [Chap. 154.

Charlestown; 1891, 160. (See 1889, 227.) Dorchester; 1885, 79.
First Essex; 1882, 245. Second Essex ; 1888,193. Fitcliburg ; 1889, 97.
(See 1882, 245.) Gloucester; 1888, 234. Eastern Hampden; 1889, 130.
Western Hampden ; 1886,190. Hampshire; 1883,75. (See 1884, 205.)
Haverhill; 1882, 245. Holyoke ; 1886, 151. Lawrence; 1888, 110.
Lowell; 1886, 307. Lynn ; 1891, 162. (See 1886, 154.) Marlborough;
1892,93. (See 1882, 233.) Central Middlesex ; 1890, 238. First east-
ern Middlesex; 1886, 166. (See 1882, 245.) Second eastern Middlesex;
1886, 123. (See 1882, 245.) Third and fourth eastern Middlesex; 1882,
233. First northern Middlesex; 1889, 198. First southern Middlesex;
1889,12. Newburyport; 1882, 245. Newton ; 1890, 93. East Norfolk ;
1889, 263. Southern Norfolk ; 1891, 273. Fourth Plymouth ; 1889, 281.
Eoxbury ; 1889. 217. West Roxbury ; 1883, 111. Soraerville ; 1891, 161.
(See 1882, 245 ; 1887, 180.) Springfield ; 1887, 171. Central Worcester ;

1888, 50. First eastern Worcester ; 1884,208. Second eastern Worces-
ter ; 1889,158. (See 1882. 245.) First northern Worcester ; 1884.215.
First southern Worcester ; 1890,131. Second southern Worcester ; 1888,

173. Third southern Worcester ; 1882,245.

Salaries of clerks fixed : Central Berkshire ; 1882, 245. Northern
Berkshire; 1888,89. (See 1887, 61.) Southern Berkshire; 1887, 227.
(See 1884, 231 ; 1886, 333, § 4.) Boston, civil ; 1882, 245. First assist-
ant; 1889,39. Second assistant ; 1889,143. Third assistant ; 1892,58.
(See 1889, 170.) Criminal, assistant; 1885, 137. (See 1882, 245.)
East Boston; 1886, 15. (See 1882, 245.) South Boston; 1882, 245.
Assistant; 1887, 327. First Bristol; 1889, 261. Second Bristol; see

1889, 62. Third Bristol; 1889, 41. Brockton; 1885, 155. Brookline ;
1888, 60. Charlestown; 1887, 175. (See 1889, 206.) Chelsea; 1887,
117. (See 1882, 176; 1884, 197.) Chicopee ; 1891, 78. Dorchester;
1886,124. (See 1885, 79.) First Essex ; 1882, 245. P^itchburg; 1891,
71. (See 1882, 245; 1889, 289.) Gloucester; 1888, 235. (See 1883,
.53.) Western Hampden; ^1888, 88. (See 1886, 190.) Hampshire;
1886, 106. (See 1883, 80.) Haverhill; 1888, 55. (See 1882, 245.)
Holyoke; 1887,318. (See 1884, 65.) Lawrence; 1887, 208. Lowell;
1886, 307. Assistant; 1889, 152. (See 1882, 63; 1888, 246.) Marl-
borough; 1892,93. (See 1882, 233; 1889,19.) First eastern Middlesex ;
1886, 167. (See 1882, 87, 245 ; 1889, 317.) Second eastern Middlesex ;
1891, 107. (See 1883, 97; 1885, 180; 1888, 233.) Third eastern Mid-
dlesex; 1886, 165. (See 1882, 233.) Fourth eastern Middlesex; 1887,

174. (See 1882, 233.) First northern Middlesex; 1888, 214. First
southern Middlesex; 1886, 156. Newburyport; 1889, 277. (See 1882,
245.) Newton; 1886, 158. Eastern Norfolk ; 1888, 54. Southern Nor-
folk ; 1891,273. First Plymouth; 1883, 57. (See 1885, 155.) Third
Plymouth; 1889, 137. Fourth Plymouth; 1891,190. (See 1884,204.)
Roxbury, assistant; 1889, 239. (See 1882, 245.) Somerville ; 1887,
265. (See 1882, 245.) Springfield : 1889, 28. (See 1886, 155.) AVest
Roxbury; 1889, 92. (See 1887, 274.) Central Worcester; 1889, 83.
Assistant; 1882, 245. (See 1888, 184.) Second eastern Worcester;
1889,218. First northern Worcester ; 1885,286. (See 1884, 215.)

Provision made for payment of pro tempore clerks. St. 1888, 352.

Cii.vr. io4.] Public Statutes. 733

Salaries of constables in attendance fixed: Boston, civil; St. 188G, 130.
Criminal; 1888,195. (See 1886,130.) Brighton; 1886,148. Cbarles-
town ; 1886,136. East Boston and South Boston ; 1882,245. Roxbury ;
1889,174. West Roxbury ; 1886,148.

Chapter 155. — Of Justices of the Peace and Trial Justices.

Skct. 3. Justices may summon witnesses in civil cases. St. 1885, 141.
(See 1884, 247.)

Sect. 4. Power of justices to issue warrants modified. St. 1884, 286.
(See 1884, 191.)

Sect. 10. In Dukes county three trial justices. St. 1892, 408.

Sect. 12 et seq. Original writs shall not be returnable more than sixty
days from date. St. 1892, 148.

Provision is made for preservation of records, etc, of trial justices. St.
1888, 211.

Sects. 24-26. Bond required instead of recognizance before removal.
St. 1888, 325.

Sect. 28. Appeal is to be entered at next return day. St. 1885, 384, § 5.

Sect. 29. See 1882, 95.

Sect. 33. No bond, recognizance or deposit required in a replevin suit.
St. 1890, 224.

Sect. 43 et seq. Jurisdiction of trial justices extended. Sts. 1885, 149,
356; 1892, 160, 188, § 5.

Form of warrants for commitment for non-payment of fines modified. St.

1891, 416.

Sect. 49. Punishment of children under twelve restricted. St.
1882, 127.

Costs regulated in certain cases. St. 1889, 469.

Sects. 63, 65. Appellant pays the jailer's fees in certain cases. St.
1890, 328.

Sects. 67 et seq., 74, 75. Provision made for completion of unfinished
business before trial justices. St. 1890, 202.

Sect. 68. Commitments for contempt may be to any jail in the Com-
monwealth. St. 1886, 224.

Sects. 69, 77 et seq. Provision made for uniform dockets and blanks
except in certain cases. St. 1888, 285.

Sect. 78 repealed. Payments and accounting regulated. Sts. 1887,
438 ; 1890, 204, 215. (See 1886, 169 ; 1888, 275.)

Payment of fines regulated. Sts. 1890, 440, § 5 ; 1891, 325, 416. And
payment of witness fees. Sts. 1890, 440, § 6 ; 1891, 392.

Chapter 156. — Of Probate Courts.

"SVhen a judge is unable to perform his duties, or there is a vacancy,
another judge shall act in his place. Compensation therefor fixed. St.

1892, 337.

Probate courts may appoint auditors to examine accounts. St. 1889, 311.
Any act or proceeding within the power of the court in the first instance
may be confirmed. St. 1888, 420.

7'M Changes in the [Chap. 156.

Attorneys may appear in probate proceedings, and process and notices
may be served on them as if upon the parties. St. 1890, 420.

Sect. 2. Jurisdiction extended. Sts. 1887, 332, § 2; 1891, 415, 425,
§ 14; 1892, IIG.

Sects. 5-11. Appeals in certain cases regulated. Sts. 1887, 332 ; 1888,
290 ; 1890, 261, § 3. (See 1891, 415, § 3.)

Sects. 7, 8 amended. St. 1888, 290.

Sects. 9, 13 amended. The superior court is to act in certain cases.
St. 1890, 261.

Sects. 22, 23. Provision for a constable to attend the court in Suffolk.
Sts. 1884, 140; 1887, 156.

Sect. 35. Expenses may also be awarded. St. 1884, 131, 291.

Sect. 44. Expense of recording limited. St. 1887, 217. (See

1884, 118.)

Sect. 45. See St. 1886, 224.

Sect. 48. Provision made for cases of holidays. St. 1884, 141.

Changes in sessions: Franklin; St. 1887, 46. Hampden; 1884, 294.
Hampshire; 1886, 145. Middlesex; 1889, 182. Plymouth; 1887, 63;
1889,269. (See 1889, 237.) Suffolk ; 1892, 202.

Chapter 157. — Of Courts of Insolvency.

Attorneys may appear and be served with notices and process. St. 1890,
420.

Composition with creditors provided for and regulated. Sts. 1884, 236 ;

1885, 353 ; 1889, 406 ; 1890, 387. (See 1886, 322 ; 1888, 405.)
Provision made for special judgments against insolvent debtors whose

property is under attachment or brought within the control of the court.
Sts. 1885, 59 ; 1892, 209. And where bond to dissolve attachment or
prosecute review is given, and debtor discharged in composition proceedings.
St. 1888, 405.

Voluntary assignments are authorized and proceedings regulated. St.
1887, 340.

Sect. 5. Commitments for contempt may be made to any jail. St.

1886, 224.

Sects. 19, 80. Accidental delay or omission to file schedules not to
defeat discharge. St. 1886, 290.

Sect. 26. Equitable liabilities may be proved. St. 1884, 293.

Sects. 36, 91. Appeal is to be entered on next return day. St. 1885,
384, § 5.

Sect. 40. Non-resident assignees must appoint a resident agent. St.
1889, 313.

Sect. 46. Voluntary assignments are valid against an assignee in
insolvency, subsequently appointed, in certain cases. St. 1887, 340.

A mortgage, if recorded more than four months after its date, is not good
against assignee in certain cases. St. 1888, 893.

Sects. 64-66. Provision made for case of death of assignee after dis-
posal of property and before settlement of accounts. St. 1891, 400.

Sect. 70. Fees of witnesses regulated. St. 1890, 277.

Sect. 84. No claim against a pledgee, created by an unauthorized sale

CiiAi". loT.] Public Statutes. 735

of the collateral securitv, shall be discharged. St. 1885, 3o3, § 6. (See
1884, 236, § <J.)

Si:CT. 93 amended by omitting the clause making the giving of pref-
erences an objection to a discliarge. St. 1886, 322.

SiXT. 06 et seq. A pledge or payment of a reasonable sum for legal
services may be allowed. St. 1889, 420.

Sect. 99. If the debtor does not apply, the court may make an allo\Y-
ance to his wife or minor children. St. 1888, 67.

Skct. 102. Accounts must be sworn to. St. 1884, 126.

Skct. 103. Provision made for investment of unclaimed dividends.
St. 1883, 242.

Sect. 112 amended as to limit of time of residence and of bringing the
petition in certain cases. St. 1890, 431.

Sects. 127-130, 136. Provision made for insolvency proceedings by and
against certain foreign corporations. St. 1890, 321.

Sect. 137. Provision for payment of surplus of deposit when made by
others than the debtor. St. 1889, 417. (See 1884, 236, § 3.)

Sect. 139 amended. Provable costs, expenses, etc., limited. St. 1892,
359.

Chapter 158. — Of Judges and Registers of Probate.

"When a judge is unal)le to perform his duties, or there is a vacancy,
another judge shall act in his place. Compensation therefor fixed. St.
1892, 337.

Sect. 8. Registers shall send to the State treasurer copy of inventory
of estates subject to a collateral succession tax. St. 1891, 425, § 10..

Sect. 23. Salaries of judges fixed : Barnstable; St. 1887, 166. Berk-
shire; 1884, 192. Bristol; 1889, 211. (See 1885, 165.) Dukes; 1885,
318. Essex; 1888, 112. (See 1883, 244.) Hampden; 1886, 1'89.
Middlesex; 1889,251. (See 1882,129; 1886, 184.) Nantucket; 1890,
115. Norfolk; 1887, 72. Plymouth ; 1886, 183. Suffolk ; 1885, 203.
"Worcester; 1885,275.

Salaries of registers and assistant registers fixed : Berkshire ; St. 1884,
192. Essex; 1887,273. Hampden; 1884,248. Middlesex; 1891,318.
(See 1887, 259.) Suffolk; 1891, 91. (See 1882, 144.) Worcester;

1888, 152.

Sects. 23, 24. Allowance made for clerical assistance : Bristol ; St.

1889, 136. Essex; 1886, 114. Middlesex; 1890, 192. Suffolk; 1892,
230. (See 1885, 205; 1888, 280; 1889, 418.) Worcester; 1889, 209.
(See 1887, 39.)

Sect. 24 does not apply to Suffolk. St. 1885, 205, § 2.

Chapter 159. — Of Clerks, Attorneys and Other Oflacers of Judicial

Coiirts.

Sect. 4. Fac-simile of clerk's signature may be used on all processes
except executions. St. 1886, 13. (See 1885, 321.)

Sect. 6. When regular clerk is absent, county commissioners shall ap-
point one of their number clerk ^^/-o tempore. St. 1890, 198.

Sects. 8, 9, 31. Assistant clerks given and salaries fixed: Essex; St.
1889, 444. Middlesex ; 1892, 187. (See 1889, 11 ; 1890, 201.) Suffolk ;

736 Changes in the [Chap. 159.

1885, 250; 1887, 199; 1888, 153; 1889, 50; 1892, 87. Worcester; 1891,
92. Signatures of assistants regulated. St. 1889, 215.

Sects. 27, 28. Accounting for fees, etc., regulated. Sts. 1887, 291,
438; 1888,357; 1890,209,215,216; 1891,236.

Clerks must deposit public funds beyond what are required for immediate
use. St. 1890, 215. Certain unclaimed funds are to be paid to the treas-
urer of the Commonwealth. St. 1890, 330.

Sect. 29 et seq. Clerks' salaries fixed : Supreme judicial court, Suffolk ;
St. 1887, 291. Superior court ; 1888, 257. (See 1887, 112.) Barnstable ;
1892, 95. Their fees are fixed. Sts. 1888, 257 ; 1889, 433 ; 1890, 209,
360; 1891, 87.

Sect. 34 et seq. Women may be admitted to practise. Sts. 1882, 139 ;
1883, 252.

The fee for admission to the bar is fixed at five dollars. St. 1888, 257, § 5.

Sects. 34, 39. Disbarred attorneys who continue to practise, and per-
sons falsely representing themselves to be attorneys, are subject to a
penalty. St. 1891, 418.

Sect. 44. Word " suit " applies to any proceeding before any court.
St. 1884, 170.

Sects. 47, 48. Masters, assessors and referees, and arbitrators under
chapter 188, upon whose awards judgment is entered, are to be paid by
the county. Sts. 1883, 216 ; 1886, 51 ; 1887, 289.

They are to have no fees unless report is filed within ninety days. St.
1888, 282.

Sect. 51. The fee for a rule to an auditor is fixed at one dollar. St.
1888, 257, § 5.

The probate court may appoint auditors in certain cases. St. 1889, 311.

Sects. 56-63. Publication of reports regulated. St. 1889, 471. Re-
porter's salary fixed and allowance made for clerk hire and iucideutal
expenses. St. 1892, 380. (See 1889, 471.)

Sect. 64 et seq. Number of officers in attendance regulated, their duties
defined and compensation fixed, in Suffolk : Supreme judicial court ; Sts.
1882,232; 1886,37; 1887,243; 1890, 294. Superior court; Sts. 1886,
37 ; 1888, 357. (See 1882, 245, § 3 ; 1883, 54.) Middlesex supreme
judicial and superior courts ; St. 1892, 107.

And in probate and insolvency courts. Sts. 1884, 140; 1887, 156, 243.

Officers in attendance in the supreme judicial and superior courts in Suf-
folk and Middlesex must wear uniforms. Sts. 1888, 371 ; 1891, 181 ;
1892, 107.

Sect. 72 et seq Official stenographers provided for in all counties, and
their compensation fixed. Sts. 1885, 291 ; 1887, 24, 74 ; 1889, 324 ; 1892,
133

Sects. 72-75 repealed. St. 1887, 24, § 4.

Chapter 160. — Special Provisions respecting Courts and the Admin-
istration of Justice.

Sect. 4. When Christmas falls on Sunday the courts are not open on
the following day. St. 1882, 49. The first Monday of September is
" Labor's holiday." St. 1887, 263.

Chap. 1(^0.] PuBLIC STATUTES. 737

Sects. 8-10. The laws as to naturalization are revised; jurisdiction is
given to the lower courts. Sts. 188."i, Mo ; 188G, 45, 203 ; 1887, 36, 329 ;
1891, 180, 419 ; 1892, 348. (See 1884, 298, § 38.)

Sect. 9 is repealed; primary declarations may be made at any time. Sts.
1886, 45; 1891, 180.

Chapter 161. — Of the Commencement of Actions and the Service of

Process.

Sect. 1 applies to equity suits. St. 1883, 223, § 13.

Sects. 1-12. The supreme judicial and superior courts may change the
venue in certain cases. St. 1887, 347.

Sect. 10. The motion may be filed within thirty days after the day for
appearance. St. 1885, 384, § 14. (See 1892, 169.)

Sect. 13 et seq. Actions at law (except replevin) or in equity may be
commenced in either form. St. 1887, 383.

Fac-simile of clerk's si2;uature may be used on all processes except exe-
cutions. St. 1886, 13. (See 1885, 321.)

No original writs issued by a trial justice, or district, police or municipal
court, shall be returnable more than sixty days from date. St. 1892, 148.

Sects. 23, 27. Terms are abolished and writs are returnable on first
Monday of each month. St. 1885, 384.

Sects. 31, 34, 36. See St. 1884, 330.

Sects. 38-60. The right to attach the property of newspaper offices is
limited. St. 1890, 377.

Sect. 62. All attachments must be deposited in the registry of deeds.
St. 1889, 401. (See 1892, 289.)

Sect. 84. Justices of the supreme judicial and superior courts may
order clerk to issue process in cases pending in another county. St. 1886,
223. (See 1885, 384, § 3.)

Sect. 122 et seq. Bonds must contain a provision for special judgments
under St. 1888, 405. (See 1885, 59.)

Sects. 122-125. The sureties are I'eleased by principal's discharge in
insolvency proceedings begun within four months. St. 1889, 470.

Sect. 127. See St. 1892, 359.

Chapter 162. — Of Arrest, Imprisonment and Discharge.

In poor debtor proceedings an entry fee of three dollars is paid in lieu
of all other fees. St. 1891, 313.

Sects. 17, 18, 20, 25, 27, 28, 33, 34, 54 are amended. Jurisdiction in
poor debtor proceedings is taken from masters and commissioners, except
to take recognizances, and proceedings are regulated. Sts. 1888, 419 ;
1889, 415 ; 1890, 128 ; 1891, 271, 313, 407. (See 1887, 442 )

Sect. 17, Notice for examination must be given under either of the
charges in this section. St. 1887, 442. Affidavit may be made at any
time before the certificate is issued. St. 1891, 407.

Sect. 26. See 1889, 415, § 3.

Sect. 28. See 1888, 419, § 6 ; 1891, 271.

Sects. 32, 34. A debtor shall not suffer default by reason of the absence

738 Changes in the [Chap. 162.

or disability of the magistrate, if a new notice is issued within three days.
St. 1887, 442, §§ 3, 4.

Sect. 3G. If recognizance is not satisfactory debtor may be imprisoned.
St. 1889, 4L5, § 4.

Sect. 68. The fees are changed, and the mode of their recovery.
They are to be accounted for. Sts. 1888, 419, § 13 ; 1889, 415, §§ 6, 7.

Chapter 163. — Of Bail.

^'Sect. 12 is amended. The bail is discharged on paying costs, if the
principal dies. St. 1884, 260.

Chapter 164. — Of Proceedings against Absent Defendants, and upon

Insufficient Service.

Provision made for service on foreign corporations. St. 1884, 330.
Sect. 6. Notice must be given within one year to a non-resident of
attachment of his real estate. St. 1884, 268.

Sect. 7 amended as to time for appearance. St. 1885, 384, § 8.

Chapter 167. —Of Pleading and Practice.

Court terms are abolished, and return davs fixed on first Monday of each
month. Practice regulated. Sts. 1883, 223; 1884, 304, 316; 1885, 384;
1887. 246, 332, 380, 383 ; 1890, 154, 374, 398 ; 1891, 227, 362.

AVhere there are two or more shire towns, the shire town at which an
action shall be tried may be designated on entry of the writ. St. 1882,
264.

All civil actions at law or in equity (except replevin) may be begun bj'
bill or petition, or by writ with bill or petition inserted, and relief given as
the case requires. St. 1887, 383.

Claimants of funds in defendant's hands may be summoned in and the
parties required to interplead. St. 1886, 281. (See 1883, 62 ; 1888, 345.)

Sects. 2-10. A form for declaring for recovery of interest is estab-
lished. St. 1890, 398.

Sect. 9 amended. On failure to file a declaration the action may be
dismissed on motion. St. 1885. 384, § 6.

Sect. 11. Demurrers in equity regulated. Sts. 1883, 223 ; 1887, 383.

Sect. 13 et seq. Au}' matter which in equity would entitle the defend-
ant to be absolutely relieved from plaintiff's claim maj^ be alleged. Sts.
1883, 223, § 14; 1887,383.

Sect. 43. The superior court retains jurisdiction although the action be
changed to equity. St. 1883, 223, § 17.

Sects. 46, 47 are repealed, and new provisions made as to defaults. St.
1885, 384, §§ 7-11.

Sects. 64, 67 et seq. Provision made for postponement, etc., of cases
on trial list. Sts. 1884, 304 ; 1890, 154.

A printed daily trial list of civil cases is required in superior court,
Suffolk, and regulated. St. 1889, 459.

Chap. K.T.] PUBLlC STATUTES. 739

An attorue}' when actually engaged in the trial of a cause in the supreme
judicial or superior court is not obliged to proceed to trial of another cause,
unless the court deems it just and reasonable. St. 1890, 451.

Sect. 90. District court of Hampshire is added. St. 1891, 139.

Police courts may order defendant to answer. St. 188G, 64,

Chapter 169. — Of Witnesses and Evidence.

Sect. 1 is revised and right to issue summonses extended. St. 1885,
141. (See 1884, 247.)

Sects. 7, 8 extended to boards of police commissioners. St. 1882, 267.

Justices of supreme judicial or superior court may compel attendance of
witnesses before tribunals having power to summon, but not to compel
attendance. St. 1883, 195.

Sects. 2S, 41. Where the adverse party does not appear, no notice of
taking deposition or exhibition of interrogatories is required. St. 1883,
188.

Sect. 54 is amended. Notice to non-resident parties is provided for.
St. 1882, 140.

Sects. 09, 70. Attested copies of rules of boards of aldermen, ordi-
nances of cities, by-laws of towns and recoi'ds of cities and towns are ad-
mitted. St. 1889, 387. And sworn copies of records, books and accounts
of savings banks. St. 1885, 92.

Chapter 170. —Of Juries.

Sect. 6. Preparation of list of jurors in Nantucket regulated. St.
1891, 131.

Sect. 10. No venires shall issue for jurors for the supreme judicial
court in Barnstable unless there is some case for trial by jury. St. 1889,
173.

Sect. 24. Special provisions made for preparation of jury lists in
Boston. St. 1888, 123.

Sect. 35. Jurors may be examined by parties or their attorneys, under
direction of the court. St. 1887, 149.

Chapter 171. —Of Judgment and Execution.

Judgments, orders aud decrees must bear date of entr}'. St. 1885,
584, § 13.

Sects. 1, 17-24. Special judgments are provided for against insolvents
whose property is attached, or under control of a court of equity on a cred-
itor's bill or otherwise. Sts. 1885, 59 ; 1892, 209. And where bond is
given to dissolve attachment or prosecute review, and defendant is dis-
charged in composition proceedings. St. 1888, 405.

Sect. 34. Certain funds of charitable and relief societies are exempted.
Sts. 1883, 183, § 11; 1886, 125. Also military equipments. St. 1887,
411, § 71. (See 1887, 214, § 73.)

Sect. 39. "When a sale has been enjoined court may order adjournments
until further order. St. 1884, 175.

740 Changes ix the [Chap. 171.

Sects. 52, 53. Provision made for record of seizure la cases where the
levy is suspended on account of a prior attachment. St. 1887, 407.

Sect. 54. In case of sickness or absence of the officer another may be
delegated. St. 1885, 125.

Chapter 172. — Of the Levy of Execution on Real Estate.

Sect. 30. Enjoined sales may be adjourned by the court granting the
injunction. St. 1884, 175.

Sects. 32, 49. Right of redemption extended to lands set off. St.
1886, 86.

Chapter 173. — Of the Writ of Entry.

Sect. 2. Notwithstanding disseizin or adverse possession a conveyance
of real estate otherwise valid vests in the grantee the rights of entry and
of action for recovery. St. 1891, 354.

Chapter 175. — Of the Summary Process for the Recovery of Land.

Sect. 1. See 1891, 354.

Sects. 6, 7, 8. A bond instead of a recognizance is to be given. St.
1888, 325.

Chapter 176. — Of Petitions for the Settlement of Title.

Provision made for barring action on an undischarged mortgage after
possession by the mortgagor for twenty years. Sts. 1882, 237 ; 1885, 283 ;
1890, 427, § 1. (See 1889, 442.)

Provision made for determining the validity, nature and extent of con-
ditions, restrictions, reservations, stipulations, etc., more than thirty years
old, appearing of record. Sts. 1889, 442 ; 1890, 427, § 2. (See 1882, 237 ;
1885, 283.)

Chapter 178. — Of the Partition of Land.

Sects. 2, 9, 75 extended. Land in different counties may be divided in
one proceeding. St. 1888, 346.

Sect. 13. The right to remove petitions for partitions under this section
is taken away. St. 1892, 169. (See 1885, 384, § 14.)

Sect. 45 et secj. The probate court may set off his share to petitioner
and allow the residue to remain in common. St. 1885, 293. (See 1887,
286; 1888, 346.)

Sect. 51. Words "newspaper or" inserted. St. 1882, 55.

Sect. 63 amended. St. 1882, 6, § 2.

Sects. 64-75. Provision made for partitions where there are estates for
life or for a term of years, and a remainderman. St. 1887, 286.

Sect. 69. No petition for partition shall be defeated because a party
has paid off an incumbrance which other parties were entitled to redeem,
but the decree shall prescribe terms of redemption. St. 1889, 468.

Chapter 180. — Of Actions for Private Nuisances.

Fences and other like structures over six feet in height, maliciously
erected or maintained, are declared private nuisances. St. 1887, 348.

Chap. 181.] PuBLIC STATUTES. 741

Chapter 181. — Of the Redemption and Foreclosure of Mortgages,

Sect. 17. The notice may be given in some newspaper in the county if
there is none in the town. St. 1882, 75.

Sect. 27. The mortgag'ee may jiroceed with any sale already adver-
tised unless the amount due is paid into court or the sale enjoined. St.
1888, 433.

Chapter 183. — Of the Trustee Process.

Sect. 7 extended to trial justices. St. 1887, 33.

Sect. 10. Appearance and answer must be within ten days from the
return day of the writ. St. 1885, 384, § 9.

Sect. 29 et seq. The wages or lay of seamen are exempted. St. 1886,
194. But not of fishermen. St. 1890, 289.

Sect. 34. Certain funds of charitable aud relief societies are not liable
to attachment. Sts. 1885, 183, § 11 ; 1886, 125. (See 1887, 214, § 73.)

Sect. 38. Provision is made for executions in favor of claimants.
The provision as to proceedings under chapter 161, sections 80, 82, 83, is
omitted. St. 1888, 345. (See 1886, 281.)

Sect. 73. In a suit by the defendant against the trustee, pending the
trustee process, the costs are in the discretion of the court. St. 1883, Q2.
(See 1886, 281.)

Chapter 184. — Of the Replevin of Property.

In case of appeal from the lower courts by the plaintiff, no bond, recog-
nizance or deposit is required. St. 1890, 224.

Chapter 185. — Of Habeas Corpus and Personal Replevin.

Sect. 3. Provision for habeas corpus in poor debtor proceedings. St.
1888, 419, § 12.

Sect. 18 is amended. St. 1882, 6, § 3.

Chapter 187. — Of Writs of Error and Writs of and Petitions for

Review.

Upon a writ of error or other proceeding to reverse or avoid a conviction,
or discharge a prisoner, the fact that the person was under seventeen years
of age shall not be deemed material. St. 1892, 266.

Sect. 39. A stay may be ordered without security when petitioner had
no actual knowledge of the action before judgment was entered. St. 1882,
249.

Bonds to prosecute review must have provision for special judgments in
cases of discharge of defendant in composition proceedings. St. 1888,
405, § 2.

Chapter 188. — Of Reference to Arbitration.

The fees of arbitrators under this chapter, upon whose awards judgment
is entered, are to be paid by the county. St. 1887, 289. (See 1883, 216 ;
1886,51.)

742 Changes in the [Chap. 189.

Chapter 189. — Of Improving Meadows and Swamps.

Sect. I.j. " Retiiru day " is substituted for " court held." St. 1885,
384, § 5.

Chapter 190. — Of Mills, Dams and Reservoirs.

Sect. 48 is extended to any stream, on certain conditions. St. 1892, 55.

Sect. 53 et seg. County commissioners may examine reservoirs upon
their own judgment and proceed as if applicatioQ had been made to them.
St. 1891, 315.

Chapter 191. — Of Liens on Buildings and Land.

Sect. 6. Certain inaccuracies not to invalidate the statement if parties
were not misled. St. 1892, 191.

Sect. 12 is repealed. St. 1888, 344, § 4.

Sects. 13, 16, 17 are revised, and new method of procedure prescribed.
St. 1888, 344.

Sects. 42, 43. Any person to whom a debt would be payable for labor
or materials, if it were not for a lien, may dissolve such lien by bond. St.
1890, 383.

Sect. 45. Creditor's attorney may discharge lien. St. 1891, 244.

Chapter 192. — Of Mortgages, Conditional Sales, Pledges and Liens on

Personal Property.

Sects. 1, 2 are repealed, and new provisions made as to recording. St.
1883, 73.

The discharge of, and redemption of security for, small loans regulated.
Sts. 1888, 388 ; 1892, 428. (See 1885, 252 ; 1890, 416.)

Mortgages of household furniture are regulated in certain cases. St.
1892, 428, § 3.

Sects. 7, 10. See St. 1892, 428, § 4.

Sects. 10-12. Debts or claims against a pledgee, created by an unauthor-
ized sale of the collateral, are not discharged in insolvency. St. 1885, 353,
§ 6. (See 1884, 236, § 9.)

Sect. 13. Conditional sales of furnitui'e or household effects are regu-
lated. Sts. 1884, 313 ; 1892, 411.

Sect. 24. Courts iu the county where the petitioner has his usual place
of business also have jurisdiction. St. 1888, 46.

Chapter 195. — Of the Collection of Claims against the Commonwealth.

Sect. 1 is extended to all claims, whether at law or in equity, except those
mentioned in section 7. They are subject to set-off. St. 1887, 246.

Chapter 197, — Of the Limitation of Personal Actions.

Actions to recover forfeitures for selling liquor to a minor are limited to
two years. St. 1889, 390.

Chap. 198.] PuBLIC STATUTES. 743

Chapter 198. — Of Costs in Civil Actions.

Wheu two or more cases are tried together in the supreme judicial, supe-
rior, or any police, municipal or district court, the costs may be reduced by
the presiding judge. St. 1892, 231.

Sect. 25 is revised. Time of hearing appeals changed. St. 1882, 235.

Sect. 28. Term fees are limited. St. 1882, 264.

Chapter 199. — Of the Fees of Certain Officers.

In criminal cases, if the complaint is unfounded, frivolous or malicious,
the magistrate may refuse to allow fees to complainant. St. 1890,-440,
§ 13.

Sect. 2. In police, district and municipal courts no court fees are
allowed in criminal cases. St. 1890, 25G. ^^""^^

Sects. 2,3. The fees of trial justices and mode of approval and certifi-
cation are established. Sts. 1890, 353, 440; 1891, 325; 1892, 200, § 3.

Sects. 4, 5. The entry fee covers all clerks' fees, except in certain
cases. Sts. 1888, 257 ; 1889, 433 ; 1890, 209, 3G0 ; 1891, 87. ■-■—i

Sect. 6. Fees for summoning witnesses in criminal cases fixed. T St.
1882, 215.

Sect. 9 is revised. Certain expenses are allowed. St. 1885, 254.

Sects. 14, 39. Wheu two or more cases are tried together the pre-
siding judge may reduce the fees and costs. St. 1892, 231.

Sect. 14. Fees of witnesses in insolvency proceedings regulated. St.
1890, 277.

Sect. 15 repealed. Appraisers' fees regulated. St. 1886, 135.

Sect. 20. See St. 1892, 253, § 2.

Sects. 30, 34 et seq. Officers' fees, costs and expenses regulated. Sts.
1890, 440; 1891, 325, 392; 1892, 200. (See 1889, 469; 1890, 166;
1892, 231.)

Sects. 32, 39. See St. 1892, 231.

Chapter 200. — Of the Rights of Persons accused.

Police matrons and stations for detention of women required iu certain
cities. Sts. 1887, 234; 1888, 181.

Chapter 202. — Of Offences against the Person.

Sect. 27 repealed. The " age of consent" is raised to fourteen years.
Sts. 1886, 305; 1888, 391.

Chapter 203. — Of Offences against Property.

The following are made punishable offences : —

False statements of the distance travelled or to be travelled with a hired
horse and refusal to pay the hire. St. 1882, 236.

Obtaining, by false representations, certiflcates or transfers of registra-
tion, and giving false pedigrees of cattle, horses, etc. Sts. 1887, 143 ;
1890, 334.

744 Changes in the [Chap. 203.

Entering or driving a horse disguised or different from the one pur-
ported to be entered to compete for a purse or premium. St. 1892, 167.

Sects. 10, 11 amended. The penalties are modified. St. 1888, 135.

Sect. 20. The penalties are changed in certain cases. St. 1889, 458.

Sect. 21. Mutilation of a will is made a crime. St. 1890, 391.

Sects. 20, 37, 40. Also the embezzlement of property of voluntary
associations. Sts. 1884, 174; 1886, 328. (See 1887, 411, § 77.)

And of money, stocks or securities held by brokers under written direc-
tions for their disposal. St. 1892, 138. (See 1890, 437, § 3.)

Sect. 56 is extended to agents, clerks, etc., of persons or firms, and to
omissions to make true entries. St. 1885, 223.

Sect. 58. Fraudulent use of certain insignia is made an offence. Sts.
1887, 67; 1891, 15.

Sects. 63, 64 extended to labels, stamps and trade-marks of labor and
trade associations. St. 1890, 104.

Sect. 79. Wilful detention or mutilation of books, etc., of public or
incorporated libraries are offences. St. 1883, 77, 81.

Sect. 99. Provision is made to protect private laud from trespass by
persons with fire-arms, the defacing of notices, etc., and penalties fixed.
Sts. 1884, 308 ; 1890, 403, 410. (See 1886, 276, § 4.)

And to prevent wilful trespass on lands appurtenant to prisons or houses
of correction, disturbance of such institution, or communication with
inmates. St. 1885, 303. And illicit conveyance of articles into or from
the Massachusetts reformatory. St. 1887, 339.

Sect. 101. The tearing down, removal or defacing of a warrant, vot-
ing or jury list, or other legal notice, is made punishable. Sts. 1883,
156; 1887, 147.

Sect. 103. Municipal, district and police courts are given concurrent
jurisdiction in certain cases. The penalty is regulated. St. 1887, 293,
§ 2.

The wilful defacing and misuse of milk cans is made an offence. St.
1885, 133.

Sect. 106. The penalty is increased. One-half the fine is to go to the
informant. St. 1889, 399.

Sects. 107-109. The wilful or negligent setting of fires is made a
crime Sts. 1882, 163; 1886, 296.

Wilful or wanton destruction of property by a convict is punishable.
St. 1891, 295.

Chapter 205. — Of Offences against Public Justice.

The following are made offences : Procuring fraudulent divorces; unlaw-
fully issuing certificates of divorce ; and advertising, by one not a member of
the bar, the business of procuring divorces. Sts. 1886, 342 ; 1887, 320 ;
1891, 59.

Falsely representing one's self to be an attorney-at-law. St. 1891,
418. ■

Interference with police signal system. St. 1888, 291.

Commitments for contempt may be made to any jail and served in any
county. St. 1886, 224.

Chap. 200.] PUBLIC STATUTES. 745

Skct. 1. Penalty modified. St. 1.S02, 123.

Sects. 0, 10 extended to other oUicers and services. St. 1891, 349.

Chapter 207. — Of Offences against Chastity, Morality and Good

Order.

Punishments are provided : For keeping or resorting to a place where
opium is used ; St. 1885, 73. For the exhibition of deformed persons ; St.
1884, 99. For unnatural and lascivious acts ; St. 1887, 43G. For sending
to, or detaining in, a house of ill-fame any female as an inmate or servant ;
St. 1888, 311.

Sect. 2. Further provisions made against seduction, unlawful inter-
course and assistance thereto. Sts. 1886, 329 ; 1888, 311.

Sect. 9. The dying declarations of the woman are admissible in evi-
dence. St. 1889, 100.

Sect. 15 is extended to include books and the like manifestly tending
to the corruption of the morals of youth. St. 1890, 70.

The gift, sale or distribution, to or by minors, of papers devoted to
criminal news is punishable. St. 1885, 305.

Sects. 20, 29, 34, 35. Disorderly or indecent speech or behavior in
public conveyances is punishable. St. 1883, 102.

Sect. 23. Wilful disturbance of persons in a public library or reading
room is made an offence. St. 1885, 225.

Sects. 25-28 are repealed, and new provisions made as to proceedings
and punishments in cases of drunkenness. Sts. 1891, 427; 1892, 303.
(See 1885, 375 ; 1886, 323, § 2 ; 1888, 377 ; 1891, 356.)

Sect. 29. Neglect to support wife or minor children is punishable.
St. 1885, 176. (See 1882, 270; 1884, 210.)

Sects. 29, 42. Sentences under these sections regulated. Sts. 1884,
258; 1885, 365. (See 1888, 49.)

Sects. 49, 50. Removing flowers or memorial tokens from graves, etc.,
without authority is punishable. St. 1888, 395.

Sects. 52-54. The docking of horses' tails is forbidden under penalty.
St. 1889, 267.

The payment of fines to informers under these sections is regulated.
Sts. 1889, 267 ; 1891, 304, 416.

Sect. 69 is extended. St. 1885, 316.

Chapter 208. — Of Offences against Public Health.

Penalties are provided for : Sale or gift of cigarettes, snuff and tobacco
to children under sixteen ; St. 1886, 72. P'eeding, or keeping with intent
to feed, to milch cows, garbage, offal, etc. ; St. 1889, 326. Sale of cloth-
ing made in unhealthy places; St. 1891, 357. Manufacture or sale of
toys or confectionery containing arsenic; St. 1891, 374. Pollution of
w^ater supplies; Sts. 1884, 172; 1888, 375. Adulteration of food or
drugs; Sts. 1882, 263; 1884, 289, 310; 1886, 171. (As to milk and
butter, see 1885, 352; 1886, 317, 318.) Sale for medicinal purposes of
drugs, etc., without being a registered pharmacist; St. 1885, 313, § 9.

Sect. 6. The regulations as to sale of poisons are revised. St. 1888,
209. (See 1885, 313, § 9 ; 1887, 38.)

746 Changes ix the [Chap. 209.

Chapter 209. — Of Offences against Public Policy.

Provision to prevent lotteries and policy lotteries. St. 1802, 400.

Property shall not be sold or exchanged under the inducement of any
gift or prize. St. 1884, 277.

Coercing or compelling a person, as a condition of employment, to agree
not to join a labor organization is made an offence. St. 1892, 330.

Chapter 210. — Of Felonies, Accessories, Abettors and Attempts ta

commit Crimes.

Provision is made for the ascertainment and punishment of habitual
criminals. St. 1887, 435. And for the registration and identification of
certain criminals. St. 1800, 316.

Chapter 211. — Of Proceedings to prevent the Commission of Crimes.

Sect. 6 extended to all criminal cases. St. 1800, 440, § 13.

Chapter 212. — Of Search Warrants, Rewards, Arrests, Examination^

Bail and Probation.

Police matrons are provided for in certain cities. Sts. 1887, 234 ;
1888, 181.

Provisions in regard to arrest of children under twelve. St. 1882, 127.

Sect. 2. Tickets and other materials for pool selling are added. St.
1885, 342, § 2. Also personal propert}', insured against fire, concealed ta
defraud an insurance company. St. 1800, 284. (See 1800, 452.)

Property seized under St. 1800, 284, shall be disposed of as the court
orders. St. 1800, 452.

Sect. 9 is extended to gaming apparatus and certain other articles. St.
1885, 66.

Sect. 15. If magistrate deems complaint unfounded, frivolous or mali-
cious, he may refuse fees to complainant. St. 1800, 440, § 13.

Sect. 16. A summons shall issue instead of a warrant "unless there
is reason to believe that the accused will not appear upon a summons."
St. 1890, 225.

Sects. 17, 20. Warrants and other criminal process may be directed to
and served by officers in any county. St. 1886, 247.

Sect. 26. On adjourning a trial or examination where the offence is
punishable with death or imprisonment for life, material witnesses for the
government may be bound over according to sections 37-41 of this chap-
ter. St. 1885, 136.

Another justice may complete adjourned pi'oceedings. St. 1883, 175.

Sects. 36-40. Provision for detention of witnesses in cases of felony,
pending pursuit and apprehension of offender. St. 1892, 361.

Sect. 51. The latter clause of this section, forbidding justices to receive
compensation for taking bail, is repealed. St. 1885, 135.

Sect. 68. Money may be deposited with any officer authorized to take
recognizance. St. 1882, 134.

CiiAP. 212.] Public Statutes. 747

Sects. 74-78 repealed, and new provisions made as to probation officers^
Sts. 1891, S.'iG, 427 : 18!i2, 242, 27r.. (See 1882, \2:>.)
Sect. 81 amended. St. 188G, 101, § 4.

Chaptei' 213. — Of Indictments, Prosecutions and Proceedings before

Trial.

Sect. 15. See St. 1887, 367.

Sect. 16 et seq. See Sts. 1886, 328, § 2 ; 1887, 436.

Sect. 17 repealed and a substitute passed. St. 1886, 53. (See 1885,
144.)

Sects. 15, 30. The support of such insane persons is to be paid by the
State. Sts. 1883, 148 ; 1889, 90.

Sect. 28 et seq. The superior court has exclusive original jurisdiction
in capital cases. St. 1891, 379.

Sects. 29, 30 repealed. St. 1891, 379, § 14.

Sects. 33-35. Police officers may serve subpoenas when requested by
district attorney. St. 1890, 440, § 6.

Sect. 35. In cases of felony, witnesses committed may be held a rea-
sonable time pending pursuit and apprehension of the offender. St. 1892,
361.

Chapter 214. — Of Trials and Proceedings before Judgment.

Sect. 1. List of criminal cases for trial is made compulsory. St. 1884,.
193.

The order of the list must be observed. St. 1889, 432.

Sect. 16. See St. 1887, 367.

Sects. 19, 20. The support of such insane person is to be paid by the
State. Sts. 1883, 148 ; 1889, 90.

Chapter 215. — Of Judgment and Execution.

Provision made for the ascertainment and punishment of habitual crimi-
nals. St. 1887, 435. And for registration and identification of certain
criminals. St. 1890, 316.

Warrants for commitment for non-payment of fines regulated. St. 1891,
416, § 2.

Convicts may be sent to jail instead of house of correction, and may be
transferred from one to the other. St. 1882, 241.

Commitment may be made at same time on several sentences. St. 1884,
■265.

Sects. 2, 5. Taxing costs against defendants in criminal cases is
restricted and payment of expenses regulated. Sts. 1890, 440 ; 1891, 325.

Expense of serving warrant of commitment to be deemed part of
expense of prosecution. St. 1890, 328.

Sect. 15. Same term of imprisonment may be imposed on w^omen. St.
1889, 113.

Sect. 18 is revised. St. 1882, 127.

Sect. 22. A prisoner in the Massachusetts reformatory may be sent to
State prison or house of correction on conviction of an offence punishable
by imprisonment therein. St. 1891, 200.

748 Changes in the [Chap. 21 6.

Chapter 216. — Of Tire Inquests.

This chapter is repealed and the laws as to fire inquests revised. Sts.

1889, 451 ; 1891, 229. (See 1889, 199.)

Chapter 217. — Of Fines, Forfeitures and Costs.

Expense of serving warrant of commitment shall be deemed a part of
expense of prosecution. St. 1890, 328.

Sect. 6- See St. 1890, 353.

Sects. 8, 9. Taxation, certification and payment of costs and fines
regulated. Sts. 1890,218, 440; 1891,236,325,416. (See 1889,469.)

Sect. 13 repealed. St. 1890, 218, § 3.

Sect. 15 is repealed, and method of accounting for moneys received
under section 14 established. St. 1891, 416.

Chapter 218. — Of Fugitives from Justice and. Pardons.

Sect. 6 repealed. Expenses of requisitions regulated. St. 1886, 267.
Sect. 14. Sentences after breach of condition of a pardon regulated.
St. 1882, 197.

Chapter 219. — Of the Commissioners of Prisons.

Powers and duties of commissioners in regard to the reformator}^ pre-
scribed. St. 1884, 255, 331.

Registration and measurement of certain convicts provided for. St.

1890, 316. (See 1892, 313.)

Surgical treatment of prisoners provided for. St. 1882, 207.

The authorities of State of Vermont are granted permission to detain in
and transport through this State convicts sentenced in Vermont. St.
1892, 423.

Sect. 3. Secretary's salary fixed. St. 1886, 225. (See 1884, 331.)

Sect. 4. Transfer of prisoners regulated. Sts. 1882, 241 ; 1887, 292,
375 ; 1890, 278.

State prison convicts are to be graded and classified. St. 1892, 267.
(See 1891, 372.)

Sect. 6. Vagrants and tramps ma}' be removed to the State farm.
St. 1885, 35, § 1. (See 1887, 264.)

Sect. 14 et seq. Labor in prisons and employment of prisoners regulated.
Sts. 1883, 217; 1885, 94; 1887, 447; 1888, 22, 189, 403; 1891, 209,
228, 371.

Sects. 17, 18 repealed. St. 1888, 403, § 6.

Sects. 26-30. Provision for aid for female prisoners discharged with-
out sentence. St. 1886, 177.

Eurther provisions for aiding discharged prisoners. Sts. 1887,315,336,
395; 1888, 322, 417.

Additional agents authorized. St. 1887, 315 Salary of agent provided
for. St. 1888, 330.

Sects. 34, 35 et seq. Commissioners shall furnish blanks for these
returns. St. 1882, 266, § 1.

Reports and returns are regulated. Sts. 1882, 266, § 2; 1891, 187;
1892, 290, § 2.

CiiAi". 210.] Public Statutes. 749

Sect. 39. Allowance made for clerical assistance. St. 1888, 328.
(See 1885, 52.)

Chapter 220. — Of Jails and Houses of Correction.

Police matrons and stations for the detention of women are required in
certain cities. Sts. 1887, 234; 1888, 181.

A general superintendent of prisons is provided for. St. 1887, 447, § G.

Sect. 2. The sheriff may transfer prisoners between jails and houses of
correction. St. 1882, 241.

Sect. 7 et seq. Commissioners of public institutions of Boston substi-
tuted for directors for public institutions. St. 1889, 245. (See 1885, 266.)

Sects. 13, 14. Contract labor is forbidden in certain prisons. St. 1887,
447. (See 1888, 403.)

Sect. 19. See St. 1891, 426.

Sect. 36. The requirement of whitewashing is stricken out. St. 1886,
226.

Sect. 40 et seq. Labor in prisons and employment of prisoners are reg-
ulated. Sts. 1883, 217; 1885, 94; 1887, 447; 1888, 22, 189, 403; 1891,
209, 228, 371.

Sect. 49. Clerical error corrected. St. 1882, 6, § 4.

Sect. 50. Escapes of prisoners employed outside are punishable. St.
1882, 198. (See 1885, 94.)

Sect. 53 et seq. Invoice books of supplies must be kept. St. 1890, 296.

Sects. 54, 55. The purchase of tools, materials, machinery, etc., and
sale of manufactured goods provided for and regulated. Sts. 1887, 447 ;

1888, 403, § 3; 1891, 228.

Funds not required for immediate use must be deposited by master. St.
1890, 215.

Sect. 60 et seq. See St. 1882, 113.

Sects. 66, 68. Further provisions made as to release of prisoners on
probation. St. 1884, 152.

Sect. 69 applies to St. 1891, 356.

Chapter 221. — Of the State Prison and the Reformatory Prison for

Women.

The prison at Concord is made a reformatory prison for men, and the
State prison is re-established at Boston. St. 1884, 255, 331.

The list of officers of the State prison is revised and salaries fixed. St.

1889, 412. (See 1882, 203 ; 1884, 95 ; 1888, 264.)

And of the officers of the reformatory prison for men. Sts. 1889, 408 ;

1890, 255. (See 1887, 355 ; 1888, 335 ; 1890, 267.)

And of the reformatory prison for women. Sts. 1883, 267 ; 1884, 43 ;
1887, 341, 447; 1888, 327.

Sentences to the men's reformatory are regulated. Sts. 1885, 365 ;
1886, 323; 1888, 49; 1891, 427, § 5; 1892, 302, 303. (See 1885, 356;

1891, 200.)

The description and measurement of convicts by the " Bertillon " system
is provided for. St. 1890, 316.

Removals and transfers of prisoners regulated. Sts. 1885, 35 ; 1887,
292, 375; 1888, 192; 1890, 180. (See 1884, 255.)

Y50 Changes in the Public Statutes. [Chap. 221.

Labor in prisons and employment of prisoners regulated. Sts. 1883,
217; 1885, 94; 1887, 447; 1888, "i.-!, 189, 403; 1891, 209, 228, 371.
(See 1884, 255.)

The purchase of machinery, tools and materials and sale of manufact-
ured goods are regulated. Sts. 1887, 447, §§ 3, 4 ; 1888, 403, § 3;
1891, 22.S.

Wilful or wanton destruction of property by State prison convicts may
be punished. St. 1891, 295.

Tlie illicit conveyance of articles to or from the men's reformatory is
made punishable. St. 1887, 339.

Sects. 6, 7 repealed. St. 1882, 203, § 4.

Sect. 6 et seq. The removal of subordinate officers is regulated. Sts.
1887, 355; 1890, 267.

vSect. 25 et seq. Provision made for grading and classifying prisoners
in the State prison. St. 1892, 267. (See 1891, 372.)

Sect. 27 amended. Words "or printing" stricken out. St. 1888, 189.

Sect. 30. Schools for the prisoners are provided for. St. 1886, 197.

Sect. 43 et seq. Female convicts of the United States courts are to be
sent to the reformatory for women. St. 1887, 426.

Prisoners may be employed on land or in building appurtenant to reform-
atory. St. 1885, 94.

Transfers and removals of female prisoners regulated. St. 1888, 192.

Escapes and attempts to escape are made punishable. St. 1885, 94.
(See 1.S.S2, 198.)

A burial place is provided for. St. 1882, 213.

A sewerage system is provided for. Sts. 1887, 403 ; 1892, 211.

Sect. 52. Further provisions made as to permits. Sts. 1884, 152, 255,
§§ 33, 34 ; 1888, 317. (See 1887, 435, § 2.)

Sects. 54, 55. Method of approval of bills and contracts changed.
Sts. 1888, 403, § 7; 1889, 294. (See 1884, 255, §§ 28, 30; 1888, 337.)

Chapter 222. — Special Provisions concerning Penal and Other

Public Institutions.

Masters of jails having public funds must deposit all not required for
immediate use. St. 1890, 215.

No prisoner in any State institution shall be employed outside in mechan-
ical or skilled labor for private parties. St. 1891, 209.

Prisoners or inmates of institutions suffering from syphilis shall have
medical treatment and may be isolated. St. 1891, 420.

Sect. 10. Further provisions concerning removal of insane prisoners
in the reformatory for men. St. 1885, 320.

Sects. 10, 11, 25. See Sts. 1886, 101, § 4 ; 1887, 367.

Sect. 17. A trial justice may act if there is no police or district court
in the county. St. 1882, 201.

Sect. 20 does not apply to persons sentenced to the reformatory. St.
1886, 327, § 7.

Sects. 20, 21. Releases on probation are further regulated. Sts. 1884,
152, 255, §§ 33, 34; 1887, 435, § 2.

Sect. 25. See St. 1891, 420, § 2.

Changes ix the Statutes. 751

II.

CHANGES IX THE GENERAL STATUTES PASSED SINCE THE
ENACTMENT OF THE "PUBLIC STATUTES."

[The changes are more fully stated in Table I. under the appropriate chapter of the Puljlic

Statutes.]

Statutes of 1883.

Ch. 28. Repealed. 1890, 423, § 228. P. S. 7.

29. Repealed. 1886, 66. P. S. 5.

36. Amended. 1888, 114. P. S. 52.

63. Superseded. 1886, 307. P. S. 154.

65. Repealed. 1885, 247. P. S. 91.

74. Repealed. 1884, 299, § 44. P. S. 7.

77. Amended. 1884, 72. P. S. 116.

97. Superseded. 1887,411. P. 8. 14.
102. Amended. 1884, 245. P. 8. 91.
106. Amended. 1883, 74. Affected, 1884, 330, § 3; 18.S6, 230;

1.S91, 341. P. 8. 13, 105.
108, § 1. Amended. 1888,313. P. 8. 53.
111. Repealed. 1886, 38. P. 8. 16.
125. Repealed. 1891,356. P. 8. 112.
127, § 2. Amended. 1886, 101, § 4. P. 8. 89.
129. Superseded. 1886, 184. P. 8. 158.
135. Shall not apply to provisions of 1890, 428. P. 8. 112.
189. Extended. 1883, 252. P. 8. 18.
148. Amended. 1889, 77. P. S. 116.
154, § 1. Amended. 1890, 240. P. 8. 49.

157. Affected. 1888,289. P. 8. 17.

158. Superseded. 1889, 440, § 10. P. S. 4.
163. Affected. 1886, 296, § 3. P. S. 35, 203.

165. Amended. 1887, 125. P. 8. 11.

166, § 1. Amended. 18.S4, 317. P. 8. 91.
176. In part repealed. 1884,197. P. 8. 154.

178. Superseded. 1887,411. P. 8. 14.

179. Superseded. 1887, 411. P. 8. 14.

752 Changes in

Statutes of 1883 — Concluded.
Ch. 181, § 3. Amended. 1886, 330; 1888, 248. §§ 1, 2, 3 amended,
1886, 101, § 4. P. S. 48.

195, § 1. Repealed. 1888, 449, § 21. P. S. 119.

196. Repealed. 1888, 24. P. S. 5.

200, § 1. Affected. 1886, 77. P. S. 116.

203. Repealed. 1888, 264, § 3. P. S. 221.

205. Repealed. 1888, 274, § 3. P. S. 152.

212. Affected. 1883, 105; 1887, 31. § 2 amended, 1888, 333.

§ 6 affected, 1885, 327. P. S. 20.
217. Affected. 1887, 32. § 1 amended, 1888, 323. P. S. 11.
224. Repealed. 1890, 168. P. S. 116.

226, § 2. Penalty provided. 1892, 290. P. S. 219.

227, § 3. Amended. 1889, 122. P. 8. 154.

231. Repealed. 1887, 423. P. S. 116.

232. § 1. Amended. 1886, 37, § 2 ; 1890, 294. P. S. 159.

233. Amended. 1886, 165, 166. § 6 in part superseded, 1889,

19 ; 1892, 93. P. S. 154.
237. Extended. 1885,283. Amended, 1890, 427, § 1. P. S.176.

243. Repealed. 1888, 390, § 95. P. S. 12.

244. Affected. 1886, 125. Extended, 1890, 181. P. S. 115.

245. § 1. Superseded in part. 1886, 15, 37, 130, 166 ; 1888, 195 ;

1889, 97, 158, 174, 218, 277, 289. § 2 superseded, 1887,
160. P. S. 154, 159.
247. Repealed. 1884, 298, § 53. P. S. 6.

250. Repealed. 1885, 122. P. S. 102.

251. Amended. 1885,121. In part repealed, 1887, 216. P. S. 117.

252. Repealed. 1892, 419, § 138. P. S. 11, 104.
257. Superseded in part. 1887,116. P. S. 2.
260. Repealed. 1890, 423, § 228. P. S. 7.

263. Amended. 1883, 263, § 1 ; 1884, 289 ; 1886, 171. Affected,
1885, 352, § 5; 1891,319. § 5 amended, ^1886, 101,;§ 4.
P. S. 208.

268. Repealed. 1884, 298, § 53. P. S. 6.

270, § 3. Amended. 1886, 101, § 4. In part repealed, 1892,
318, § 16. § 4 amended, 1884, 210 ; 1885, 176. P. S. 48.

274, § 2. Repealed. 1883, 183, § 3. P. S. 94.

Statutes of 1883.
Ch. 33. Repealed. 1887, 214, § 112. P. S. 119.
36. Repealed. 1886, 276, § 11. P. S. 92.

THE Statutes. 753

Statutes of 1883 — Condnchd.
Ch. 42. Repealed. 1890, 42:5, § 228. P. S. 7.

52. Amended. 1883, 248; 188G, 77. P. S. 116.

o4. Superseded. 1886, 37. P. S. lo9.

55. Superseded. 1889, 440. P. S. 4.

80, § 2. Superseded. 1886, 106. P. S. 154.
101. Repealed. 1888, 390, § 95. P. S. 12.
107. Repealed. 1887, 214, § 112. P. S. 119.
110. Amended. 1886, 101, § 4. P. S. 89.
117. Amended. 1888, 240. P. S. 112.
124, § 2. Amended. 1887, 335. P. S. 32.
126. Repealed. 1887, 214, § 112. P. S. 119.
138. Amended. 1886, 101, § 4. P. S. 80.
148, §§ 2, 3. Amended. 1889, 90. P. S. 87.

157. Limited. 1884, 275, § 4. Affected, 1887, 280. P. 8.48,71.

158. Amended. 1889, 288. P. S. 32.
164. Repealed. 1886, 38. P. S. 16.

173. Repealed. 1892, 419, § 138. P. S. 104.

187. Affected. 18,s4, 169. P. 8. 102.

202. Repealed. 1890, 168. P. S. 116.

216. Amended. 1886, 51 ; 1887, 289. P. S. 159.

217. Affected. 1887, 447, § 8 ; 1888, 403, § 2. P. S. 219, 220,

221.

218. Amended. 1884, 70. P. 8. GO.

223, § 5. Amended. 1884, 316; 1892, 440. P. 8. 151, 152.

224. Repealed. 1888, 348, § 12. P. 8. 48.

229. Repealed. 1890, 423, § 228. P. 8. 7.

230. Repealed. 1887, 94. P. 8. 58.

232, § 3. Amended. 1886, 101, § 4. P. 8. 84.

235. Repealed. 1887, 214, § 112. P. 8. 119.

239. In part repealed. 1886, 298. ' § 6 amended, 1886, 101, § 4.

P. 8. 87.
244. Superseded. 1888, 112. P. 8. 158.

251. Repealed so far as it relates to Boston. 1892, 419, § 138.

Affected, 1884, 223 ; 188,s, 86. § 2 repealed, 1888, 426,
§ 14. P. 8. 104.

252. Extended. 1889, 197. P. 8. 18.

258. In part repealed. 1886, 300; 1887, 214, § 112. P. 8. 116,
119.

262. Not repealed by 1885, 302. P. 8. 82.

263. Repealed. 1884, 289, § 6. P. 8. 208.

754 Changes in

Statutes of 1884.

Ch. 4. Superseded. 1888, 115. P. S. 31.
15, § 1. Eepealed. 1889, 101. P. S. 15.
22, § 1. Repealed. 18'J1, 177. P. S. 43.
34. Repealed. 1889, 301, § 10. P. 8. 30.
42. Affected. 1886, 76. P. S. 27.
45. Superseded. 1887,441. P. 8. 14.

55. Repealed. 1887, 214, § 112. P. S. 119.

56. Repealed. 1884, 168. P. S. 116.

58. Repealed. 1887, 214, § 112. P. 8. 119.

64. Amended. 1885, 198. P. S. 47.

74. Repealed. 1887, 214, § 112. P. 8. 119.

79. Superseded. 1888, 385. P. 8. 15.

88. Repealed. 1886, 298. P. S. 87.

95. Repealed, so far as incousistent with 1888, 264. P. S. 221.

98, § 1. Revised. 1890, 102. § 2 added to, 1891, 188. P. S.
80.

118. Repealed. 1887, 217. P. 8. 156.

119. Repealed. 1887, 214, § 112. P. S. 119.

120. Repealed. 1887, 214, § 112. P. 8. 119.
125. Repealed. 1888, 437, § 6. P. 8. 28.
129. Affected. 1891, 324. P. S. 29.

155. Superseded. 1890, 309. P. 8. 48.

162. Repealed. 1888, 390, § 95. P. 8. 12.

166. Repealed. 1885,369, §4. P. 8. 4.

168. Affected. 1886, 69. P. 8. 116.

171. Amended. 1888, 276 ; 1890, 193 ; 1891, 138. P. 8. 91.

174. Affected. 1886, 328. P. 8. 203.

177. Repealed. 1887, 214, § 112. P. S. 119.

178. Repealed. 1887, 214, § 112. P. S. 119.

179. Affected. 1888, 322. §§ 3, 4 amended, 1890, 58 ; 1891, 54.

P. 8. 16.

180. Revised. 1887,214. §§ 62, 63 extended, 1889, 378. P. S.

106.

181. In part repealed. 1886, 174. § 9 repealed, 1888, 437, § 6.

P. 8. 31.
190. Repealed. 1885, 186. P. S. 103.
193. Affected. 1889, 432. P. 8. 214.
212. Affected. 1885, 256; 1890, 293.- Amended, 1887, 314.

P. S. 91.

THE Statutes. 755

Statutes of 1884 — Conthmed.
Ch. 215, § 3. Amended. 1888,212. P. S. 154.
217. Repenlod. 1887, 214, § 112. P. S. 110.

222. Affected. 188G, 242. P. S. 112.

223, § 2. Amended. 1888, 8G. Repealed so far as relates to

Boston, 1892, 41U, § 138. P. S. 104.
226. Affected. 1887, 124. P. S. 51.
230. Superseded. 1887, 411. P. S. 14.

234. § 3. Amended. 1886, 101, § 4. P. S. 87.

235. Repealed. 1887, 214, § 112. P. S. 119.

236. Amended. 1885, 353; 1889, 406. Affected, 1888, 405.

§ 9 amended, 1890, 387. P. S. 157.

242. Repealed. 1888, 390, § 95. P. S. 12.

247. Repealed. 1885, 141. P. S. 155, 169.

253. Amended. 1889, 91. P. S. 116.

255. Added to. 1884, 331 ; 1885, 35. Affected, 1888, 49. § 2
amended, 1886, 101, § 4. §§ 19, 22 repealed, 1888, 335,
§ 3. §§ 28, 30 amended, 1888, 403, § 7. § 30 in part re-
pealed, 1888, 337, § 2. §§ 33, 34 affected, 1886, 323;
1888, 317. P. S. 221.

264. Amended. 1892,196. P. S. 91.

269, § 2. Amended. 1892, 206. P. S. 69.

275. Affected. 1887, 280, § 1. § 1 superseded, 1892, 357.
P. S. 74.

282. Repealed. 1887, 111. P. S. 92.

284. Affected. 1885, 220, § 1. P. S. 91.

289, §§1,2. Amended. 1886, 101, § 4. § 1 repealed, 1891, 319.
P. S. 58.

296. Repealed. 1887, 214, § 112. P. S. 119.

297. § 3. Amended. 1891, 299. § 4 amended, 1886, 101, § 4.

P. S. 88.

298. Repealed. 1890, 423, § 228. P. S. 6.

299. Repealed. 1890, 423, § 228. § 9 re-enacted, 1891, 264. P. S.7.
304. Affected. 1889, 459. § 1 amended, 1890, 154. P. S. 167.
307, § 2. Amended. 1885, 150. P. S. 60.

310, § 1. Amended. 1886, 317. P. S. 56. §§ 3, 4 amended,

1886, 318. P. S. 57.
313, § 2. Amended. 1892, 411. P. S. 192.
316. Amended. 1892, 440. P. S. 152.

318, § 3. Not affected by 1886, 234. P. 8. 91.

319, § 1. Superseded by 1892, 59. (See 1886, 352.) P. S. 2.

756 Changes in

Statutes of 1884: — Concluded.

Ch. 320. Amended. 1887, 437 ; 1888, 41 ; 1889, 177. Affected, 1889,
473. Extended, 1889, 352. Added to, 1891, 140. § 4
amended, 1888, 334. § 17 amended, 1889, 183. § 19
amended, 1888, 253. § 20 amended, 1889, 351. P. S. 21.

322. Amended. 1890, 358. §§ 7, 9 amended, 1886, 101, § 4.
P. S. 87.

328. Repealed. 1892, 101. P. S. 15.

330. Affected. 1886, 230. §§ 1, 2 extended, 1889, 393. P. S.

105.

Statutes of 1885.

Ch. 5. Repealed. 1890, 423, § 228. P. S. 7.

15. Repealed. 1886, 38. P. 8. 16.

24, § 1. Revised. 1890, 302. P. S. 2.

52. Repealed. 1888, 328. P. S. 219.

77. Superseded. 1891, 411. P. S. 15.

79. Affected. 1886, 124. P. S. 154.

87. Superseded. 1891, 410. P. S. 15.

108. Repealed. 1890, 423, § 228. P. S. 7.

110. Affected. 1892, 288. P. S. 112, 113.

131. Affected. 1887, 256. P. S. 103.

134. In part repealed. 1886, 218. P. S. 152.

142. Repealed. 1890, 423, § 228. P. S. 7.

144. Repealed. 1886, 53. P. S. 213.

147. Superseded. 1887, 411. P. S. 14.

148. Repealed. 1887, 252, § 24. P. S. 90.
156. Repealed. 1888, 437, § 6. P. S. 28.
158. Amended. 1886, 101, § 4. P. S. 80.
165. Superseded. 1889,211. P. S. 158.
168. Superseded. 1889, 250. P. S. 17.
173. Repealed. 1889, 301, § 10. P. S. 30.
183. Superseded. 1890,421. P. 8. 119.

193. Repealed. 1887,120. P. S.91.

194, § 4. Amended. 1887, 295. Shall not apply to provisions of

1890, 428. P. S. 112.

204. Repealed. 1889, 291, § 10. P. S. 30.

205, § 1. Amended. 1888, 280. P. S. 158.
211. Amended. 1891, 153. P. S. 86.

214. Repealed. 1889, 279, § 11. P. S. 30.

216. Limited. 1889, 186. Extended, 1889, 361. P. S. 100.

THE Statutes. 757

Statutes of 1885 — Continued.

Ch. 220, § 3. Repealed. 1888, 223, § 5 ; 1892, 188, § G. § 4 re-
pealed, 1887, 96. P. S. 91.

222. Repealed. 1888, 348, § 12. P. S. 48.

229. Repealed. 1890, 423, § 228. P. S. 7.

236. Superseded. 1887, 411. P. S. 14.

238. Amended. 1886, 270. P. S. 13.

240. Rights under, not affected by 1891, 189. P. S. 106.

241. Repealed. 1887, 214, § 112. P. S. 119.

242. Repealed. 1889, 192. P. S. 130.
246. Repealed. 1890, 423, § 228. P. S. 7.
248. Repealed. 1890, 423, § 228. P. S. 7.
252. Repealed. 1890, 416, § 7. P. S. 102.
255. Affected. 1887, 290. P. S. 147.

260. Amended. 1890, 265. P. S. 130.

261. Repealed. 1890, 423, § •22><. P. S. 27.

262. Repealed. 1890, 423, § 228. P. S. 7.
265, § 2. Amended. 1886, 101, § 4. P. S. 82.
268. Repealed. 1890, 423, § 228. P. S. 7.
271. Repealed. 1890, 423, § 228. P. S. 6.
277. In part superseded. 1889, 303. P. S. 22.
283. Amended. 1890, 427, § 1. P. S. 176.

291. Amended. 1887, 74 ; 1892, 133. P. S. 159.

292. Limited. 1887, 307. P. S. 102.

300. Repealed. 1887, 214, § 112. P. S. 119.

302. Extended. 1892, 165. P. S. 80, 82.

304. Amount increased. 1890, 192. P. S. 158.

308. Repealed. 1887, 214, § 112. P. S. 119.

309. Extended. 1887, 445. P. S. 102.

312. Affected. 1891, 221. Certain exemptions from, 1886, 178,

254, 304; 1887, 312; 1888, 73, 144, 185, 229, 392; 1889,
68, 157, 172, 176 ; 1890, 120, 121, 135, 142,203, 258, 271,
444; 1891,150,230,301,316,324; 1892,42,45,150,153,
155. § 4 amended, 1889, 372. P. S. 29.

313. § 3. Repealed. 1887, 267. P. S. 80.

314. Affected. 1888, 350. § 1 amended, 1889, 373. § 5 re-

pealed, 1891, 351. §§ 6, 7, 9, 12, 13, 14 extended, 1887,
382. § 7 amended, 1886, 346, § 2. P. S. 61.

320, § 2. Amended. 1886, 101, § 4. P. S. 222.

321. Repealed. 1886, 13. P. S. 161.

326. Repealed. 1888, 426, § 14. P. S. 104.

758 Changes ix

Statutes of 1885 — Concluded.

Ch. 327. Affected. 1887, 31. P. S. 20.

334. Affected. 1891, 129, 204. P. S. 112.

339. Affected. 1889, 414; 1892, 53. P. S. 87.

341. Repealed. 1887, 98, § 16. P. 8. 97.

344. Affected. 1891, 266. P. S. 19.

345. Amended. 1886,45,203; 1891,419. § 5 amended, 1887,

36. § 7 repealed, 1887, 329. P. S. 160.

351. Repealed. 1890, 423, § 228. P. S. 7.

352. Amended. 1886, 317, 318. P. S. 56, 57.

353. Affected. 1888, 405. P. S. 157.

354. Repealed. 1887, 214, § 112. P. S. 119.
369. Repealed. 1889, 440, § 14. P. S. 4.

374. Repealed. 1892, 419, § 138. P. S. 104.

375. In part repealed. 1891, 427. P. S. 207.

379. In part superseded. 1890, 213 ; 1892, 286. P. S. 26.
382, §§ 2, 4-10. Repealed. 1892, 419, § 138. P. S. 104.
384, § 14. In part nullified. 1892, 169. P. S. 152, 178.

Statutes of 1886.

Ch. 15, § 6. Superseded. 1892, 100. P. S. 154.

31. Superseded. 1888, 58. (See 1892, 271.) P. S. 152.

37. § 2. Amended. 1890, 294. P. S. 159.

38. Affected. 1886, 334. P. S. 16.

39. Repealed. 1889, 301, § 10. P. S. 30.

45. Added to. 1891,180. (See 1892, 348.) P. S. 160.

49. Repealed. 1890, 423, § 228. P. 8. 7.

51. Amended. 1887, 289. P. S. 188.

63. Superseded. 1887, 411. P. S. 14.

66, § 1. Repealed. 1891, 24. P. S. 5.

68. Repealed. 1890, 423, § 228. P. S. 6.

78. Repealed. 1890, 423, § 228. P. S. 7.

82. Repealed. 1887, 391, § 4. P. S. 98.

85. Superseded. 1888, 362. P. S. 11.

87. Amended. 1887, 399. § 2 amended, 1891, 239. P. S. 74.

90. Repealed. 1887, 280, § 2. P. S. 74.

95. Repealed. 1890, 168. P. S. 116.
101, § 3. Amended. 1889, 370. P. S. 79.
105. Superseded. 1887, 411. P. S. 14.
110. Repealed. 1889, 301, § 10. P. 8. 30.
125. Extended. 1890, 181. P. S. 115.

THE Statutes. 759

Statutes of 188G — Continued.

Ch. 130. In pai-t superseded. 1888, 19.5. P. S. 1.54.
155. Superseded. 1889, 28. P. S. 154.
109. Repealed. 1887, 428, § 8. P. 8. IG.
173, § 1. Amended. 1890, 179. P. S. 104.
184. Superseded. 1889, 251. P. S. 1.58.
187. Repealed. 1887, 214, § 112. P. S. 119.
192. Limited. § 4 repealed, 1891, 327. (See 1887, 197; 1890,

229.) P. S. 91.
194. Limited. 1890, 289. P. S. 83.

202. Repealed. 1887, 120. P. S. 91.

203. Amended. 1891, 419. Affected, 1892, 348." P. 8. ICO.
21G. Affected. 1889, 402, 425. P. S. 17.

222. Repealed. 1887, 214, § 112. P. S. 119.

231. Superseded. 1889, 405. P. S. 11.

237. Superseded, 1887, 411, § 13. P. 8. 14.

238. Superseded. 1891,410. P. S. 15.

241. Repealed. 1887, 179, § 2 ; 1888, 239, § 2. P. 8. 41.
2.50. Amended. 1890,252; 1892,07. P. 8. 01.

251. In part superseded. 1889, 339 ; 1892, 298. P. 8. 22.

252. Superseded. 1889, 77, 321 ; 1892, 248. P. 8. 110.
2.59, § 1. Repealed. 1889, 454, § 0. P. 8. 102.

200, § 1. Amended. 1890, 83. P. 8. 104.

202. Repealed. 1890, 423, § 228. P. 8. 7, 27.

203. Amended. 1887, 209. Affected, 1892, 382. § 1 amended,

1888, 201. § 4 amended, 1890, 385. P. 8. 74.

204. Repealed. 1890, 423, § 228. P. 8. 7.
274. Repealed. 1888, 375. P. 8. 80.

270, § 1. Superseded. 1.S91, 142. § 3 affected, 1890, 249. § 0
limited, 1887, 300. Added to, 1891, 254. In part repealed,
1892, 102. P. 8. 92.

283, § 1. Amended. 1889, 115. P. 8. 28.

295. Amended. 1888, 221. Affected, 1889, 191 ; 1890, 254.
P. 8. 27.

298, § 4. Repealed. 1887, 123. P. 8. 87.

305. Amended. 1888, 391. P. 8. 202.

319, § 3. Amended. 1890, 414. P. 8. 87.

320. Repealed. 1888, 390, § 95. P. 8. 12.
323, §§ 2, 3. Repealed, 1892, 302. P. 8. 221.
334. Amended. 1889, 349. P. S. 10.

340. Restricted. 1892, 50. P. 8. 102.

760 Changes ix

Statutes of 18 Sd— Concluded.
Ch. 346, §§ 1, 2, 5. Extended. 1887, 382. § 2 amended, 1888, 122.
P. S. Gl.
352. Superseded by 1892, 59. P. S. 2.

Statutes of 1887.
Ch. 24. In part repealed. 1889, 324. P. 8. 159.

38. Repealed. 1888, 209, § 2. P. S. 208.

74. Amended. 1892, 133. P. S. 159.

83. Superseded. 1891, 411. P. S. 15.

86. Superseded. 1890, 242. P. S. 11.

96, § 1. Limited. 1888, 238. P. S, 91.
103. Amended. 1888, 305. P. S. 48, 74.
105, § 2. Amended. 1890, 30. P. 8. 91.
110. Superseded. 1888, 390. P. S. 12.
112. Superseded. 1888, 257. P. 8. 159.
122. Repealed. 1889, 301, § 10. P. 8. 30.
127. In part superseded. 1892, 12.S. P. 8. 103.
142. Repealed. 1888, 390, § 95. P. S. 12.
147. Repealed. 1890, 423, § 228. P. S. 7.
160. In part superseded. 1889, 238 ; 1892, 233. P. 8. 17.
179. Repealed. 1888, 239. P. 8. 41.
193, § 3. Amended. 1891, 137. P. 8. 91.

196. Amended. 1888, 213. P. S. 116.

197. Repealed. 1891,327. (See 1887, 197 ; 1890, 229.) P.S.91.
202, § 5. Amended. 1890, 402. P. 8. 32.

209. Superseded. 1892, 287. P. 8. 5,
212. Amended. 1889, 111. P. 8. 20.

214. Limited. 1888, 429, § 19. § 5 amended, 1888, 84. § 7

amended, 1890, 304. § 20 amended, 1891, 368 ; 1892, 47.
§ 31 amended, 1888, 141. §§ 42, 43, 44 revised, 1890, 26.
§ 60 added to, 1888, 151. § 62 amended, 1889, 378. § 73
amended, 1892, 372. §§ 78-82 affected, 1890, 197. § 80
amended, 1889, 356 ; 1891, 195. § 82 amended, 1890, 304.
§ 90 affected, 1892, 372. § 94 affected, 1891, 233. P. S.
119.

215. Affected. 1887, 280, § 1. Amended, 1887, 330. P. 8.

48, 74.
219. Repealed. 1887, 276. P. S. 104.
221. Superseded. 1891, 429. P. 8. 15.
234. Extended. 1888, 181. P. S. 220.

THE Statutes. 761

Statutes of 18811 — Contimied.

Ch. 2-45. Superseded. 1892, 143. P. S. 20.

249. Repealed. 1890, 423, § 228. P. S. 27.
252, § 13. Amended. 1892, 195. P. S. 58, 90.
266. Repealed. 1888, 248, § 2. P. S. 89.

269. Affected. 1892, 382. § 1 extended, 1888, 261. § 3

amended, 1890, 3.S5. P. S. 74.

270, § 1. Amended. 1892, 260. § 3 amended, 1888, 155; 1892,

260. P. S. 74, 112.
272, Repealed. 1890, 423, § 228. P. S. 7.
274, § 2. Superseded. 1889, 92. P. S. 154.
280, § 1. Affected. 1892, 357, § 1. P. S. 48, 74.
283. Affected. 1888, 154 ; 1890, 197 ; 1892, 129. P. S. 13.
295. Shall not apply to provisions of 1890, 428. P. S. 112.
342, § 2. In part repealed. 1891, 342. P. S. 13.
355. Repealed, so far as inconsistent with 1888, 264. P. S. 221.

361. Repealed. 1891, 125. P. S. 74.

362. Affected. 1891, 249. P. S. 112.

371. Repealed. 1890, 423, § 228. P. S. 27.

373. Extended. 1889, 286 ; 1891, 116. P. S. 11.

382, § 3. Amended. 1891,274. P. S. 61, 106.

399. Amended. 1891, 239. P. S. 74.

403. Affected. 1892,211. P. S. 221.

404. Extended. 1891,265. P. S. 38.
406. Amended. 1888, 297. P. S. 100.

411, § 11. Amended. 1892, 238. §§ 33, 42, 119, 128, 147, 148
amended, 1889, 360. §§ 27, 98, 99, 106, 107, 114 affected,
1891, 232, § 1. §§ 26, 28, 55, 58, 65, 69, 70, 71, 73, 124,
133 amended and § 168 added, 1890, 425. §§ 127, 12^ in
part repealed, 1891, 232, § 5. P. S. 14.

423. Repealed. 1888, 90. P. S. 116.

432. Repealed. 1890, 423, § 228. P. S. 6.

433, § 1. Repealed. 1888, 348, § 12. § 2 amended, 18«9, 135;

1890, 48, 299 ; 1891, 317. P. S. 48.

437. Affected. 1889, 473. P. S. 21.

438. Affected. 1888, 275. § 2 amended, 1890, 306. § 5

amended, 1890, 210. P. S. 16.

441, § 2. In part repealed. 1890,354; 1892,407. § 4 in part

superseded, 1.S.S9, 230, § 2. P. S. 86.

442, § 1. Amended. 1889,415, §1. Affected, 1891, 407. P. S.

162.

762 ' Changes in

Statutes of ISSl — Concluded.

Ch. 443. Repealed. 1888, 434, § 6. P. S. 100.

447. Amended. 1888, 22. Affected, 1888, 403, § 1 ; 1891, 228.

§ 5 repealed, 1891, 228. § 7 repealed, 1888, 403, § 6.
§ 12 amended, 1888, 403, § 4. P. S. 220, 221.

448, § 1. Superseded. 1892, 388. P. S. 99.

Statutes of 1888.

Ch. 22. Amended. 1888, 403, § 5. P. 8. 220, 221.

23. Repealed. 1889, 440, § 14. P. S. 4.

41. Superseded. 1889, 177. P. S. 21.

58. Superseded. 1892,271. P. S. 152.

85. Repealed. 1889, 440, § 14. P. S. 4.

90. Amended. 1890, 369. P. S. 116.

120. Amended. 1890, 222. P. S. 116.

122. Repealed. 1889, 440, § 14. P. S. 4.

127. In part superseded. 1890, 44. P. S. 4,'416.

146. Repealed. 1890, 423, § 228. P. S. 27.

148. Affected. 1888, 380. P. S. 132, 134.

149. Appeals given. 1890, 438 ; 1891, 261. P. S. 104.
151, § 1. Amended. 1891, 291. P. S. 119.

154. Affected. 1890, 197 ; 1892, 129. P. S. 13.

155. Amended. 1892, 260. P. S. 74, 112.
158. Superseded. 1889, 465. P. 8. 11.
164. Repealed. 1890, 423, § 228. P. S. 7.
186. Repealed. 1889, 440, § 14. P. S. 4.
191. Superseded. 1889, 440. P. S. 4, 116.
•199. Repealed. 1889, 451, § 8. P. S. 35.
200. Repealed. 1890, 423, § 228. P. S. 6.
203. Repealed. 1890, 423, § 228. P. S. 27.

206. Repealed. 1890, 423, § 228. P. S. 27.

207. Repealed. 1888, 426, § 14. P. S. 104.
221. Affected. 1889, 191 ; 1890, 254. P. S. 27.
223. Affected. 1892, 188. P. S. 91.

239. Extended. 1889, 226. P. S. 41.

254, § 1. Amended. 1889, 347. P. S. 100.

256. Repealed. 1889, 440, § 14. P. S. 4.

257, § 1. Amended. 1892, 95. § 3 repealed, 1891, 87, § 2. § 4

affected, 1891, 236. P. S. 159.

262. Amended. 1889,361. P. S. 100.

264. Superseded. 1889, 412. P. S. 221.

THE Statutes. 763

Statutes of 1888 — Continued.

Ch. 274. Superseded. 18<J2, 10-i, 328. P. S. 150.

27G. Repealed. 1890, 193. P. S. 91.

280. Affected. 1889, 418. P. S. 158.

287. Amended. 1892, 234. P. S. 91.

288. Repealed. 1889, 275. P. S. 70.
292. Superseded. 1891, 142. P. S. 92.
304. Amended. 1889,112. P. S. 40.

31G. Repealed so far as relates to Boston. 1892, 419, § 138.

Appeal given. 1890, 438. P. S. 104.
335. Superseded. 1889,408. P. 8. 221.
337. Repealed. 1889, 294. P. S. 221.
340. Amended. 1892, 280. P. S. 7, 31, 100.

348, § 2. Amended. 1892, 352. § 4 added to, 1890, 209. § 7

amended, 1889, 291. P. S. 48, 74.

349. Extended. 1889, 300. P. S. 5.

353. Repealed. 1890, 423, § 228. P. S. 7.

365. Extended. 1889, 154. P. S. 26. .

366. Repealed. 1892, 366. P. S. 14.
375. Added to. 1890,441. P. S. 80.
382. Repealed. 1890, 423, § 228. P. S. 9.

388. Limited. 1890, 416, § 6. § 1 amended, 1892, 428, § 1.
P. S. 77, 192.

390, §§ 2, 28, 29, 41 and forms 5, 6, 7 repealed, 1889, 334.
§§ 3-5 aflfected, 1892, 370. §§ 3, 7, 8, 19, 23, 24, 30, 32,
33, 37, 49, 51, 69, 72 amended, 1889, 334. § 7 further
amended, 1890, 331, § 2. §§ 53, 54 amended, 1892, 109.
§ 57 affected, 1889, 253 ; 1891, 288 ; 1892, 168. P. S. 12.

396, §§ 2, 4, 5. Repealed. 1891, 196, § 2. P. S. 30.

397. Affected. 1891, 323. In part superseded, 1892,415, § 3.

P. S. 49.
403, § 2. Amended. 1891, 371. P. S. 219, 220.
413. Affected. 1889, 342, 452; 1890, 315; 1892, 327. P. S.

118.
419. Amended. 1889, 415. Aflfected, 1891, 407. § 6 amended,

1891, 271. P. S. 162.
426. Appeal given. 1890, 438. §§ 1-8 repealed so far as they

relate to Boston, 1892, 419, § 138. P. S. 104.
429. Affected. 1892, 435. Not aflfected by 1890, 421, § 1, or

1890, 360 ; 1892, 201. §§ 9-12_amended, 1890, 341 ; 1892,

40. P. 8. 115, 119.

764 Changes in

Statvites of 188S — Concluded.
Ch. 431, § 4. Superseded. 1891, 272. (See 1890, 379.) P. S.
44.
434. Repealed. 1890, 423, § 228. P. 8. 27.
436. Amended. 1889, 413. Affected, 1891, 269. §§ 16-18

affected, 1892, 316. § 20 affected, 1890, 219. P. S. 7.
438. Repealed. 1889, 298. P. S. 30.

Statutes of 1889.

Ch. 19, Superseded. 1892, 93. P. S. 154.

32. Repealed. 1889, 440, § 14. P. S. 4.

35. Repealed. 1889, 440, § 14. P. S. 4.

69. Repealed. 1890, 423, § 228. P. S. 6.

98. Error corrected. 1889,178. P. S. 27.
101, § 1. Repealed. 1890, 239. P. S. 15.
108. Affected. 1890, 132. P. S. 50.
114. Operation restricted. 1889, 268. P. S. 100.
124. Repealed. 1889, 440, § 14. P. S. 4.
135. Affected. 1890,48. Amended, 1891, 317. P. S. 74.
150. Repealed. 1889, 440, § 14. P. S. 4.
164. Repealed. 1889, 440, § 14. P. S. 4.
186. Extended. 1889, 361. P. S. 100.

196. Repealed. 1890, 423, § 228. P. S. 6.

197. Amended. 1892, 129. P. S. 13.
202. Repealed. 1891, 164. P. S. 91.
212. Repealed. 1889, 440, § 14. P. S. 4.
230. Affected. 1892, 407. P. S. 86.
237. Amended. 1889, 269. P. S. 156.
267. Affected. 1891, 304. P. S. 207.

279, § 9. In part superseded. 1892, 291. P. S. 30.

286. Affected. 1891, 116. P. S. 11.

289. Superseded. 1891, 71. P. S. 154.

298. Superseded. 1890, 447. P. S. 30.

309. Affected. 1892, 318. § 2 added to, 1891, 194. P. S. 48.

316, § 1. Amended. 1892, 192. P. S. 113.

334, § 3. Amended. 1890,331, § 2. Affected, 1890, 331, § 1.

P. S. 12.
337, §1. Repealed. 1892, 351, § 48. P. S. 6.
356. Amended. 1891, 195. P. S. 119.
572. Affected. 1891, 221. P. S. 29.
374, § 2. In part repealed. 1891, 235. P. S. 4, 21.

THK Statutes. 765

Statutes of 1SS9 — Concluded.
Ch. 395. Affected. 1802, 184. P. S. 30.

404, §$ 1,3, 4, 5. Repealed. 1890, 423, § 228. P. S. 6.
408, § 1. Amended. 1890, 255. P. S. 221.

413. Amended. 1890, 43G. Affected, 1891, 74. §§ 2-7 affected,

1891, 270. § 7 affected, 1892, 40G. § 10 affected, 1892,
280. §§ 16-18 affected, 1892, 316. §§ 21-30 extended,

1890, 386. § 25 amended, 1891, 238. P. S. 7, 9.

414, § 4. Amended. 1890, 251. §§ 6, 16 amended, 1891, 158.

Aft"ected, 1892, 53. P. S. 87.

415, § 3. Amended. 1890, 128. § 7 extended, 1891, 313. P. S.

162.

416. Repealed. 1892, 318, § 16. P. S. 48, 80.
418. Superseded. 1892, 230. P. S. 158.

427, §§ 1, 4. Amended. 1891,275. P. S. 118.

440. Added to. 1890, 50, 97, 126; 1891, 76, 191. Restricted,

1891, 193. In part repealed, 1891, 292. P. S. 4.
442. Amended. 1890, 427, § 2. P. S. 176.

451. Affected. 1891, 229. P. S. 216.

452. Affected. 1890,320. P. S. 117.
464, § 1. Amended. 1890, 384. P. S. 44.

469. Affected. 1890, 440 ; 1891, 325. P. S. 199.
471, § 4. Superseded. 1892,380. P. S. 159.

Statutes of 1890.

Ch. 59, § 4. Amount increased. 1891,54. P. S. 16.
95. Superseded. 1891, 210. P. S. 20.
137. In part superseded. 1892, 249. P. S. 103.
143. Superseded. 1892, 295. P. S. 23.
175. Repealed. 1890, 423, § 228. P. S. 7.
183, § 1. Amended. 1892, 83. P. S. 48, 74.
193. Amended. 1891, 138. P. S. 91.

196, § 2. Amended. 1«91, 49 ; 1892, 147. P. S. 54.

197. Amended. 1892,129. P. 'S. 13.
1891, 236. P. S. 159, 217.

1890, 423, § 228. P. S. 7.

1891, 327. P. S. 91.
1890, 395. Affected, 1891, 220. P. S. 102.

. 1891, 142. P. S. 92.

1892, 67. P. S. 61.

218.

Affected.

219.

Repealed.

223.

Repealed.

229.

Repealed.

230.

Amended.

249.

Superseded

252.

Amended.

766 Changes in

Statutes of 1890— Concluded.
Cb. 284. Addedto. 1890, 452. P. S. 212.
293. Ameuded. 1891, 122. P. S. 94.
305. Repealed. 1890, 423, § 228. P. S. 27.
309. Affected. 1891, 426; 1892, 62. P. S. 47.
341. Affected. 1892, 40. P. S. 115, 119.

353, § 1. Affected. 1891, 325. P. S. 199.

354, § 2. In part superseded. 1892, 407. P. S. 86.

355, Amended. 1890, 405. P. S. 29.
360. Eepealed. 1891, 87, § 2. P. S. 199.

364. Repealed. 1891, 366. P. S. 113.

365. Repealed. 1891, 179, § 5. P. S. 28.
375, § 1. Amended. 1891, 350. P. S. 74.
379. Superseded. 1891, 272. P. S. 44.

385. Affected. 1892, 382. P. S. 74.

386. Affected. 1891, 74, 155, 269, 270, 278, 305. § 2 amended,

1891, 10, § 1. § 13 amended, 1891, 31. P. S. 7, 27.

1891, 220. P. S. 102.
1891, 171. P. S. 13.

1892, 428. P. S. 192.
1892, 435. § 24 extended, 1892, 372. P. S.

1891, 74, § 1. §§ 2-17, 23-55, 57, 58, 60-65, 208
repealed, 1892, 351, § 48. § 66 amended, 1891, 314. § 75
in part repealed, 1891, 256. § 89 amended, 1892, 405.
§ 95 affected, 1891, 328; 1892, 190, 224. §§ 84, 87, 118
affected, 1891, 329. § 172 affected, 1892, 280. § 201 super-
seded, 1892, 115. § 222 affected, 1891, 31, 32. P. S. 6,
7, 9, 27.

425, § 12. In part repealed. 1891, 232, § 5. P. S. 14.

428. Affected. 1892,178. § 4 amended, 1892, 312. § 5 added
to, 1891, 33, 123, 262. Not affected by 1891, 170. P. S.
112.

436. Affected. 1891, 74. § 4 ameuded, 1891, 279. § 5 repealed,

1892, 406. P. S. 7.
438. Aft-ected. 1891,261. P. S. 104.
440. Affected. 1891, 325, 392, 416. § 5 repealed, 1891, 416.

§ 11 amended, 1891, 70. P. S. 22, 154, 199, 217.
449, § 2. Amended. 1891, 144. P. S. 67.
456, §§ 1,2, 3, 6. Amended. 1891,223. P. S. 2.

395.

Affected.

406.

Extended

416.

Aff'ected.

421.

Affected.

119.

423.

Affected.

THE StATXJTES.

767

Ch. 125.
185.
194.
23G.
242.
270.
277.
28G.
290.
323.

328,
356,

357,
360.
368.
370.
372.
412.
419.
425,
426,
427.

Statutes of 1891.

Repealed. 1892, 410. P. S. 74.

Amended. 1891,406. P. S. 81.

Affected. 1892, 318. P S. 48, 80, 141.

Affected. 1891, 392, 416. P. S. 22, 199.

Repealed. 1892, 351, § 48. P. S. 6.

Affected. 1892, 406. P. S. 7.

Repealed. 1892, 351, § 48. P. S. 6.

Affected. 1892, 401. P. S. 50. §§ 2, 5, 9 amended, and
§§ 8, 10, 11, 14, 15, 16, 17 superseded, 1892, 418. (See
1892, 415.) P. S. 49.
§ 4. Amended. 1892, 431. P. S. 7.
§ 1. Amended. 1892,242. Affected, 1891, 427 ; 1892, 276.

P. S. 212.
§§ 1, 3, 4. Amended. 1892, 296. P. S. 80.

Amended. 1892, 198. Restricted, 1892, 201. P. S. 105.

Amended. 1892, 47. P. S. 119.

Affected. 1892, 259. P. S. 27, 28, 61, 106.

Superseded. 1892, 267. P. S. 219, 221.

Affected. 1892, 139. P. S. 20, 56, 57.

Affected. 1892, 348. P. S. 160.
§ 12. Amended. 1892, 379. P. S. 11, 136.
§ 1. Amended. 1892,62. P. S. 11.

Affected. 1892, 160, 200. P. S. 155, 199. § 5 amended,
1892, 303. P. S. 207, 221.

Statutes of 1893.

Ch. 40. Affected. 1892, 435. P. S. 115, 119.
195, § 1. Amended. 1892,432. P. S. 58.

Commonivicaltb of glassutbusttts*

Office of the Secretary, Boston, Aug. 6, 1892.

I certify that the Acts and Resolves contained in this
volume are true copies of the originals, and that the
accompanying papers are transcripts of official records
and returns.

I further certify that the tables showing what general
statutes have been afiected by subsequent legislation have
been prepared, and are printed as an appendix to this
edition of the laws, by direction of the Governor, in
accordance with the provisions of Chap. 238 of the Acts
of 1882.

WILLIAM M. OLIN,

Secretary of the Commomvealth.

INDEX.

Page

Abingtou, towu of, may issue bonds, etc. 149

Abolition of grade crossings of railroads, relating to, 70, 150, 171, 264,

265, 392, 439, 53*3
Accident, fidelity and guaranty insurance companies, relating to

taxes upon 125

Action, right of, for payment for labor performed on public build-
ings, etc., belonging to cities and towns, relating to . 231
Actions, real, jurisdiction of the supreme judicial and superior

courts in, relative to 153

Acts and resolves, early, to be furnished to each state and territory,

etc. ........... 555

Adams, town of, name of South Adams Fire District in, changed . 199

Adams Fire District, name established, etc 200

Adamson, David L., may be granted a pension by the city of Boston, 565

Address, inaugural, of the governor to the legislature . . . 593
Adjutant general, allowance for indexing names of soldiers of the

war of the rebellion 567

Adoption of infants, relating to 271

Advances from the treasury, may be made to the metropolitan sewer-
age commissioners 68

Aged Men, Home for, may hold additional real and personal estate, 32
Agricultural College, Massachusetts, allowance for assistance to

students of 553

allowance for improvements at 581

Agricultural and horticultural exhibitions, police officers, etc., may

be assigned for special duty at 159

Agriculture, state board of, salary of clerk to secretary of . . 133
Aldermen, board of, city of Boston, rules and orders of . . . 110
boards of, to furnish to highway commission information con-
cerning highways 327

Almshouse, state, at Tewksbury, improvements at . . . . 555
Amendment to the constitution, proposed, abolishing the property
qualification for the office of governor^ to be voted upon

by the people 577

relative to the payment of mileage to members of the general

court oS3

Amendments, constitutional, proposed, publication and posting of . 122

772 Index.

Page
America, relative to the observance of the four huudredth anniver-
sary of the discovery of 581

Amesbury, town of, portion of expense of repairs on Rocks bridge

to be paid by 121

Ancient Order of Hibernians, Division Number Nineteen, of North-
bridge, may hold real and personal estate, etc. . . . 147
Andover, town of, may make an additional water loan . . .163
Anniversary of the discovery of America, four hundredth, to be

observed 581

Anniversary celebration, city of Somervllle may appropriate money

for Ill

Anniversary celebrations, cities and towns may appropriate money

for 152

ApoUonio, Nicholas A., relating to salary of 52

Appeal, board of, from the inspector of buildings, to be created in

the city of Boston 473

Appleton Temporary Home and Boston Industrial Temporary Home,

may unite 135

Appointments on the staff of the commander in chief, relative to . 207
Apportionment of state and county taxes, basis of . . • . 100
Appropkiations :

Maintenance of Government, —
Legislative, Executive, Secretary's, Treasurer's, Auditor's,
Attorney-General's, Agricultural, Educational, Tax Com-
missioner's and Military Departments ; miscellaneous . 15
Maintenance of Government, additional, —
Supreme Judicial, Superior, and Probate and Insolvency

Courts, and District Attorneys, salaries .... 4

Maintenance of Government, further additional, —
Legislative, Executive, and Agricultural Departments, com-
missioners, state house, miscellaneous, incidental and con-
tingent expenses, expenses resulting from the war of the

rebellion 11

compensation, etc., of committee on municipal charters . . 156
investigations into the best methods of protecting the purity

of inland waters 34

Commonwealth's flats Improvement fund 22

compensation and mileage of members of the legislature, etc., 3

certain allowances authorized by the legislature ... 13

payment of state and military aid 13

sundry agricultural expenses 10

sundry charitable expenses 23

certain educational expenses 28

compensation and mileage of officers and men of the volunteer

militia, etc 24

compensation and expenses of commissioners on Inland fish-
eries and game 31

Index.

773

rage
AppRorRiATioxs — Concluded.

certain expenses authorized in the year 1892, and for other

expenses authorized by law . . 40, 127, 253, 328, 430, 543
iucideutal, contingent and miscellaneous expenses of the vari-
ous commissions of the Commonwealth .... 35
deficiencies in appropriations for certain expenses authorized

in the year 1891 41

employment of prisoners in the prisons of the Commonwealth, 26

salaries and expenses of the district police .... 15

salaries and expenses at the state farm 30

salaries and expenses at the state almshouse .... 30

salaries and expenses at the state industrial school for girls . 38

salaries and expenses at the state primary school ... 39

salaries and expenses at the Lyman school for boys . . 40
salaries and expenses at the state prison, Massachusetts re-

formator_v, the reformatory prison for women, etc. . . 42

printing and binding public documents, etc 8

prison and hospital loan sinliing fund, the state house loan
sinking fund, 1901, and the state house construction loan

sinking fund 14

Arbitration and conciliation, state board of, expert assistants

appointed by, duties and compensation of . . . . 423

Arlington, town of, may incur indebtedness for high school building, 122

authorized to borrow money to extend water supply . . 452

Armory, in Lawrence, relative to the furnishing of . . . . 566

in Lowell, city may take additional land for .... 129
Arrests for drunkenness, fees of certain officers for . . . .178

Assessment of damages for laying out, etc., highways, relating to . 455

Assessors, duties of, in relation to tlie assessment of poll taxes . 845

Assistant assessors, to be appointed in the city of Brockton . . 50

Associate justices of the superior court, number increased . . 232

salaries established 313

Associate medical examiner, county of Sufiblk, salary established . 240

Association, Red Men's Building, incorporated 376

Cambridge Firemen's Relief, incorporated .... 89

Cape Cod Pilgrim Memorial, of Provincetown, incorporated . 32
Chestnut Hill Real Estate, of Marlborough, may reduce capital

stock 97

Evergreen Cemetery, incorporated 142

Fall River Real Estate, incorporated 314

Holyhood Cemetery, may take and convey certain real estate . 159

Nathan Slade Cemetery, incorporated 153

Oak Grove Cemetery, may convey property to the town of

Plymouth 256

Tremont Advent-Christian Camp Meeting, incorporated . . 97
Worcester District Methodist Episcopal Church Camp Meet-
ing, number of trustees increased 94

774

Index.

Associations, edncational and religious, may define, etc., grounds
under tlieir control, and enforce regulations

Asjium, Medficld Insane, established

Attleborough, Fire District Number One of, may increase its water
supply

Attorney-general, certain boards, etc., may consult with, on ques-
tions of law relating to their official business .
to be a member of the ballot law commission ....

Page

132
512

148
448

Ballot law commission, relating to 448

Ballots, counting of, when voting is in progress .... 447

for electors of president and vice-president, relating to . . 236

fraudulent marking of, during elections, etc., penalties . . 384
recount of, cast in towns upon question of granting licenses

for the sale of intoxicating liquors 201

specimen, and cards of instructions, relating to . . . 267
to secure secrecy of, when voters are challenged . . .316

Bank, Savings, Millis, incorporated 45

Wiidey, incorporated 72

William stoAvn, incorporated 133

Bankrupt and insolvent debtors, special judgments against, relating

to 182

Banks and banking, examination of the laws relating to . . . 569
Baptist Charitable Society, in Massachusetts, may receive property

now held by the Lam son Home 200

Baptist Society, East Gloucester, name changed .... 35

Barbour, James K., granted an annuity 563

Barnard, George A., eligible to receive state aid .... 556

Barnes, Augustus, eligible to receive state aid 556

Barnstable county, clerk of the courts for, salary established . . 99

Basis of apportionment for state and county taxes .... 100

Battle monument at Trenton, N. J., relating to 5G9

Beaches and shores, penalty for unauthorized removal of gravel, etc.,

from 181

of Boston harbor, for protection of 377

of Marblehead, for protection of 187

Beacon Trust Company, incorporated 441

Beetle, David S., eligible to receive state aid 662

Belchertown, town of, proceedings at town meeting confirmed . 239
Belmont, town of, Cambridge may take land in, for improving its

water service 508

Beneticiary organizations, fraternal, etc., relating to . . 44, 539
Benevolent Fraternity of Churches in the city of Boston, may hold

additional real and personal estate 155

Bent, George O., in favor of 567

Iin^Ex. 775

Page
Berkshire county, may pay salary of the hite Charles H. Iiigalls to his

widow and daui/jliter ........ 53

Beverly Marine Haihvay, may contlrm its proceedings and convey its

real estate 180

Billerica, town of, Thomas Talbot Memorial Hall in, exempt from

taxation 156

Births, marriages and deaths, records of, concerning . . . 256
Black Hocks and Salisbury Beach Street Railway Company, pro-
visions affecting 192, 193

Blasting of rocks in the city of Boston, regulated .... 229

Bloodhounds, relating to the keeping of 51

Board of aldermen, city of Boston, rules and orders of . . . 110
Board of appeal, from the inspector of buildings, to be created in the

city of Boston 473

Board of arbitration, state, to appoint expert assistants . . . 423
Board of commissioners of savings banks, salary of first clerk la

office of 220

Board of education, state, to publish revised editions of course of

studies for ungraded schools, etc 566

salary of clerk of, established 240

Board of gas and electric light commissioners, certain returns to be

made to, etc 225, 229

Board of harbor and land commissioners, piers for support of Rocks

bridge, subject to approval by 120

Board of health, state, relative to a laboratory for the . . . 580
duties of, in relation to preserving the purity of the waters of

Spot pond 235

Board of lunacy and charity may grant licenses for boarding houses

for infants, etc 268

Board of registration in pharmacy, state, allowance to, for the bet-
ter enforcement of the law regulating the practice of

pharmacy 575

Board of trustees of Medfield Insane Asylum, to be appointed . . 512

Boarding houses for infants, to be licensed and regulated . . 268
Boards of aldermen, to furnish to highway commission information

concerning highways ........ 327

Boiler insurance companies, mutual, relating to risks of . . . 49

Boston, city of, blasting of I'ocks in, regulated .... 229

construction of sewers in, regulated 444

construction of sidewalks in, regulated 443

construction, maintenance and inspection of buildings in . 471

may deepen, etc. , channels in Sudbury river .... 536

open spaces for open air meetings, etc., relating to . . 243
to issue bonds for furnishing the courthouse upon the request

of the commissioners 240

laying out, etc. , highways in, relating to . . . . 457, 464

relative to pensioning members of the flre department of . 339

776

Index.

Page

Boston, city of — Concluded.

members of police department of, may be retired and pensioned, 358
may grant pensions to Andrew C. Scott and David L. Adam-
son, disabled firemen 565

may pay salary of the late Nicliolas A. Apollonio to his widow, 52

income from the water supplies of , relating to . . , 187

may take Jamaica and Ward's ponds for a public park . . 386
abolition of grade crossings on the Boston and Providence

Railroad 536

grade crossings on Chelsea bridge, etc., in, to be abolished . 392
municipal court of, for civil business, third assistant clerk of,

salary established 56

municipal court of, assistant probation officers for . . 211, 234
statistics of families residing in rented tenements in, to be

collected 550

board of aldermen in, relating to regulations, etc., of . . 110

overseers of the poor in, organization of .... 127

city registrar of, appointment, powers and duties of . . 266

street commissioners may widen Walter street in . . . 242
time of completing bridge across the reserved channel on

South Boston flats in, extended 22

may deepen and widen channels in Sudbury river, for the pur-
pose of protecting the water supply of said city . . 537
Benevolent Fraternity of Churches in, the, authorized to hold

additional real and personal estate 155

Edison Electric Illuminating Company of, may increase its'

■ capital stock 203

Park Street Congregational Society in, may acquire tombs,

etc., under the meetinghouse 540

Quincy and Boston Street Railway Company may locate its

tracks in 258

Red Men's Building Association in, incorporated . . . 376

Shawmut Congregational Society of, may sell its property . 93
Trustees of the Bromfleld Street Methodist Episcopal Church

in, may sell real estate 112

Wildey Savings Bank in, incorporated 72

Boston and Albany Railroad, grade crossing of, in Brookline, maybe

discontinued, etc 150

grade crossing of, in Pittsfleld, may be abolished . . . 171

grade crossings of, in the city of Newton, abolition of . . 70

Bostou and Chelsea Railroad Company, provisions affecting . . 393
Boston and East Boston, bridge between, allowance for payment of

expenses in connection with the hearing on the subject of, 579

Boston and Lowell Railroad Corporation, provisions affecting . . 424
Boston and Maine Railroad, grade crossing on, at Chelsea bridge,

abolition of 393

shares of, subject to lien of a mortgage of the Eastern Rail-
road Company 439

Index,

777

Page
Boston and Providence Railroad, abolition of grade crossings of,

relating to 536

Boston, Revere Beach and Lynn Railroad, provisions affecting . . 147
Boston and Revere Electric Street Railway Company, may construct

traclis upon locations granted by selectmen of Winthrop, 147

Boston harbor, for protection of shores and beaches of . . . 377
Boston Industrial Temporary Home and the Appleton Temporary
Home, may unite under name of the Boston Industrial

Home 135

Boston Rubber Shoe Company, may increase capital stock . . 34
Boston Seamen's Friend Society, may hold additional I'eal and per-
sonal estate 234

Boundary line in tide water, between Gloucester, Essex and Ipswich,

established 157

Bounty for destruction of seals, law relating to, amended . . 206
Bourne, Sandwich and Mashpee, towns of, to unite in the employ-
ment of a superintendent of schools 336

Braintree, town of, water supply for 454

Brickley, John, eligible to receive state aid 559

Bridge, Groveland, support and maintenance of .... 177

Lagoon, maintenance, repairing, etc. 92

across the Merrimac river, additional piers to be constructed, 120
between Boston and East Boston, allowance for payment of

expenses of hearing on the subject of ... . 579
may be built over tide water in the town of Falmouth . . 231
over the north canal of the Essex Company, to be main-
tained by the city of Lawrence 66

across the reserved channel in South Boston, time for com-
pletion extended 22

Bridgewater, town of, may lay out a highway over land of the nor-
mal school 423

state farm at, providing for repairs, etc., at ... . 551
state normal school at, allowance for printing a catalogue and

for improvements 565

Bridgewaters Water Company, may issue bonds .... 224

Bristol county, treasurer of, clerical assistance for .... 134

Brockton, city of, abolition of grade crossings in . . . . 439

may incur indebtedness beyond the fixed limit for completion

of a new city hall building 46

may incur indebtedness beyond the prescribed limit . . 219

may make an additional water loan 66

limit of the municipal debt and rate of taxation in, relating to, 45

maj' alter and widen West street 208

authorized to take lands for sewerage purposes in the town of

West Bridgewater 342

assistant assessors in, appointment, etc 50

Brockton Street Railway Company, may take lease of the East Side

Street Railway Company, etc 39

778

Index.

Page
Brokers, etc , relating to fraudulent conversion of money or

securities deposited with 131

Brorafield Street Methodist Episcopal Church in Boston, Trustees

of, raay sell real estate 112

Brookline, town of, may issue certain bonds 515

laying out of ways in, relating to 69

grade crossing at St. Mary's street in, may he discontinued . 150

Building Association, Red Men's, incorporated 376

Buildings, in the city of Boston, relating to the construction, main-
tenance and inspection of 471

resorted to for unlawful gaming, relating to obstructions in . 436

and land, relative to liens on 168

Bulletin of committee hearings, publication authorized . . . 548
Bureau of statistics of labor, to collect statistics relative to families

residing in rented tenements in Boston .... 550
chief of, to make an enumeration of summer residents in cer-
tain towns 237

Burial expenses of soldiers and sailors dying in state institutions,

payment of, etc 164

Burke, James, in favor of 551

Burt, William, eligible to receive state aid, etc. .... 560

Cambridge, city of, may make an additional water loan . . . 130

high service water supply 508

may lay out and maintain public parks 332

Cambridge Firemen's Relief Association, incorporated ... 89

Camp Meeting Association, Tremont Advent-Christian, incorporated, 97

Worcester District, Methodist Episcopal Church, number of

trustees increased . . . . . . . . 94

Canvass of votes cast in elections, how to be made .... 534

Cape Cod Pilgrim Memorial Association, of Provincetown, incorpo-
rated 32

Car couplers and brakes, resolutions relating to .... 585

Cards of instruction and specimen ballots, relating to . . . 267

Cars, electric, relative to appliances for deadening the noise of . 571

Cases in the supreme judicial court, authorizing transfer of . . 124
Cattle, to prevent spread of tuberculosis among . . . 175, 535

Cellars, grade for, to be established by the town of Revere . . 123

Cemeteries, public, in the city of Woburn, law relating to, amended, 136

in towns, care and control of lots and tombs in . . . 151
Cemetery, Melville Street, city of Pittsfleld may remove the remains

of the dead from 332

Cemetery Association, Evergreen, of Stoughton, incorporated . . 142

Holyhood, may take, hold and convey certain real estate . 159

Index. 779

Page
Cemetery Association — Concluded.

Natiiaii Slade, incorporated 153

Oak Grove, maj' convey its property to the town of Plyraoutli, 256

Central Massacliusetts Railroad Company, may issue bonds . . 424

Charal)erlain, Luther F , allowance to 554

Change of names of corporations, relating to . . . . 177,179

Change of names of persons 645

Chapel Street Baptist Church of Gloucester, The Parish of the, name

established 35

Charitable Eye and Ear Infirmary, Massachusetts, in favor of . . 574

Charles, John, eligible to receive state aid 651

Charles river valley system of sewerage, maintenance of . . . 238

Charters, city, to be issued bj' the secretary of the Commonwealth, 397

Chatham, town of, may refund a portion of its debt .... 181

Check lists in town meetings, relating to the use of . . . . 52

Chelsea, city of, funded debt, relating to payment of . . . 395
to be reimbursed by the Commonwealth for expenses of burial

of soldiers dying in the soldiers' home . . . .164

may take land for a park 311

Chelsea bridge and Chelsea bridge avenue, grade crossings on, to

be abolished 392

Chestnut Hill Real Estate Association, of Marlborough, may reduce

capital stock 97

Chicopee, city of, water supply for 273, 425

Chief of the district police, salary established 125

Children, hospital cottages for, trustees to be appointed . . . 449
Children and women, employment of, relating to . . . 357, 376

Christian Workers, School for, may admit women as students . . 131
Church, Bromfield Methodist Episcopal, in Boston, trustees may sell

real estate 112

Crombie Street, in Salem, proprietors of pews, etc., may vote

at meetings 206

Pilgrim Congregational, of Duxbury, may convey meeting-
house, etc 115

Wellesley Congregational, may remove bodies from its old

cemetery, etc 202

Zion's Evangelical Lutheran, name established . . .257
CiTiKS :

Boston, time of completing bridge across the reserved channel

on South Boston flats in, extended ..... 22
grade crossings of the Boston and Providence Railroad in,

to be abolished 536

construction and inspection of buildings in, relating to . 471

laying out, etc., highways in, relating to .... 464

construction of sewers regulated 444

construction of sidewalks regulated 443

income from the water supplies of, relating to . . . 187

780 Index.

rage

Cities — Continued.

Boston, may deepen, etc., channels in Sudbury river to pi'e-

serve the purity of the water supply, etc 537

may grant pensions to Andrew C. Scott and David L. Adam-
son ........... 565

may pay salary of the late Nicholas A. Apollonio to his

widow 52

may prepare open spaces in, for playgrounds, etc. . . 243

may talie Jamaica and Ward's ponds for a public park . 386

relative to pensioning members of the flre department of . 339

to issue bonds for furnishing the courthouse in . . . 240
municipal court of, for civil business, third assistant clerk

of, salary established 56

municipal court of, assistant probation officers for . 211, 234

board of aldermen of, relating to regulations, etc., of . . 110

city registrar of, appointment, powei's, duties, etc. . . 266

overseers of the poor, organization of 127

street commissioners may widen Walter street in . . 242

blasting of rocks in, regulated 229

grade crossings on Chelsea bridge, etc., in, to be abolished . 392
members of the police department of, may be retired and

pensioned 358

statistics relative to families residing in rented tenements

in, to be collected 550

Benevolent Fraternity of Churches in, may hold additional

estate 155

Edison Electric Illuminating Company of, may increase

capital stock 203

Industrial Temporary Home and the Appleton Temporary

Home in, may consolidate 135

Park Street Congregational Society in, may acquire tombs,

etc., under the meetinghouse, etc 540

Red Men's Building Association in, incorporated . . . 376

Shawmut Congregational Society in, may sell its property . 1)3
Trustees of the Bromfleld Methodist Episcopal Church in,

may sell and convey real estate 112

Wildey Savings Bank in, incorporated 72

Brockton, abolition of grade crossings in .... 439
authorized to take lauds for sewerage purposes, in the town

of West Bridge water 342

limit of the municipal debt and rate of taxation in, relating

to 45

may incur indebtedness beyond the limit, for the completion

of a new city hall building, etc 46,219

may make an additional water loan 66

may alter and widen West street 208

assistant assessors in, appointment of, etc 60

Index.

781

CiriKS — Continued.

Cambriclg:e, may make an additional water loan
to lay out and maintain public parks
high service water supply for
Firemen's Relief Association of, incorporated
Chelsea, may take land for a park .
to be reimbursed by the Commonwealth for expenses
incurred in the burial of soldiers dying in the soldiers'

home

payment of funded debt of, relating to .
Chicopee, water supply for ....

Everett, incorporated

Fall River, assessment of damages for property taken by, for
protection of water supply, relating to . . .
may borrow money beyond the debt limit for street im
provements, etc. .....•••

Fitchburg, may increase its water supply
Gloucester, boundary line in tide water between towns oi
Essex and Ipswich and, established ....

waters of Squam pond in, placed under control of the United
States fish commission ....

Haverhill, protection of water supply of .

Lawrence, to maintain bridge over the north canal of the

Essex Company

Lowell, charter revised

may take additional land for armory lot . . .
Massachusetts Real Estate Company in, incorporated .

Lynn, additional water loan

inspector of provisions, to be appointed
water board of, may fix water rates, etc.
Maiden, may incur debt for park purposes, beyond debt limi
board of fire commissioners of, may be appointed

water supply for, etc

Marlborough, superintendent of schools of, duties, etc. .

additional water supply for

Chestnut Hill Real Estate Association of, may reduce capital

stock

Medford, incorporated

New Bedford, may borrow money for park purposes bej'ond

debt limit

Newton, grade crossings in, abolition of .
Northampton, grade crossings in, abolition of

may issue additional sewer scrip .
Pittsfleld, abolition of a grade crossing in
additional water supply for ....
may remove remains of the dead from Melville Street Ceme-
tery in said city

Page

130
332

508

311

164
395
425
359

378

383
57

157

45
463

66
280
129
336
379
384
228
145
161
235
240
432

97
294

138
70
264
110
171
164

332

782 Index.

Page
Cities — Concluded.

Pittsfiekl, Protestant German Evangelical Parish in, name

changed 257

Quincy, may purchase property, etc., of the Quincy Water

Company, etc 390

may grant locations to street railway companies over Wey-
mouth Fore river, etc. 221

Salem, may issue bonds for paying or ref undin:^ indebteduess, 8

relating to voting at meetings of the Proprietors of the

Crombie Street Church in 20G

Somerville, may borrow money beyond debt limit, for paving

certain avenues 141

may raise money for celebration of fiftieth anniversary . Ill

payment of funded debt 70

Taunton, additional water loan 99

Waltham, additional loans for sewers and drains ... 55
Cambridge may talce land in, for improving its water service, 508

Woburn, relating to public cemeteries in 136

Worcester, name of Old Men's Home in, changed to Home for

Aged Men in Worcester 51

■water loan for 93

Odd Fellows' Home of Massachusetts in, exempt from tax-
ation on certain property 179

Cities of seventy-five thousand inhabitants, may retire and pension

members of police departments 421

Cities and towns, may appropriate money for anniversary celebra-
tions 152

buildings or public works owned by, relating to payment for

labor performed on 231

certain, to make returns to board of gas and electric light

commissioners 225

powers of, in relation to construction of sewers . . . 212
duties of clerks of, in relation to the records and accounts of

collectors of taxes 385

clerks of, to notify commissioners of prisons of appointment

of certain police officers 241

may regulate peddling by minors 315

expense for burial of soldiers or sailors dying in state institu-
tions, to be reimbursed by the Commonwealth . . . 164
may incur indebtedness for paying damages caused by taking

land for alteration of grade crossings . . . .159

may make rules for regulation of itinerant musicians and per-
sons coasting in the streets ...... 439

inspectors of provisions and animals, etc., to be appointed

in . . . . . . . . . • • 175, 536

City governments, establishment of, provided for .... 395

City Point, resolutions relative to a life saving station at . . . 588

Index.

783

Page

Civil government 653

Civil service commission, rooms to be provided for- .... 557
Claims against real estate, filing of, for record, relating to . .241
Clerical assistance, for the treasurer of the count)' of Bristol, to pro-
vide for 134

in the office of register of probate and insolvency, county of

Suflfolk, relating to 204

Clerk, first, in office of commissioners of savings banks, salary

of 220

fifth assistant, superior court, civil session, county of Suflblk,

to be appointed 96

of the courts, county of Barnstable, salary established . . 99
third assistant, municipal court of Boston, salary established . 56
police court of Marlborough, salary established ... 98
first, of secretary of state board of agriculture, salary estab-
lished ... 133

second, in the office of chief of district police, salary of . 220
Clerks of the courts, assistant, county of Middlesex, salaries estab-
lished 166

Clinton, town of, may increase water supply . . . . . 244
Clothing made in unhealthy places, manufacture and sale of, relat-
ing to 247, 587

Club, South Berkshire Mountain, incorporated 337

Coal, anthracite, resolution against monopoly of mining, etc. . • 589

Coasting in the streets, may be regulated by cities and towns . . 438

Columbia Trust Company, incorporated 443

Columbian exposition at Chicago, world's, participation of the Com-
monwealth in 566, 571, 580

Collateral legacies and successions, tax on, act relating to, amended, 422
College, Massachusetts Agricultural, allowance for assistance to

students of 553

allowance for improvements at 581

Collection of taxes, service of process in, relating to ... 152

Collectors of taxes, disposition of records and accounts . . . 385

Commander in chief, appointments on stafi" of 207

Commission, ballot law, to be appointed by the governor . . . 448

rapid transit, abolished 512

to improve the highways of the Commonwealth, established . 327
Commissioner, insurance, companies eflecting a reinsurance to make

sworn statement to 50

Commissioner of corporations, may authorize certain corporations to

change their names 177

Commissioner of public records, to be appointed . . . .316

report of, additional copies to be printed 575

Commissioner of state aid, salary established 242

Commissioners, civil service, rooms to be provided for . . . 557
Commissioners, county. (See County Commissioners.)

784 Index.

Page
Commissioners, gas and electric light, certain cities and towns to

make returns to 225

penaltj- for failure to raalie certain returns to . . . . 229
Commissioners, harbor and land, stones, gravel, etc., not to be taken

from shores, beaches, etc., without consent of . 181, 187, 377
piers for support of Rocks bridge, subject to approval by . 120
Commissioners, library, may expend one hundred dollars for books
for the use of free public libraries in towns of a less valua-
tion than $600,000 223

Commissioners, metropolitan sewerage, advances to, from the

treasury 68

may sell certain property taken for sewerage purposes . . 221
Commissioners, prison, to furnish measurements and descriptions

of criminals for purpose of identification .... 265

to be notified of the appointment of certain police officers . 241

may grade and classify prisoners in state prison . . . 230
Commissioners, railroad, duties of, in cases where access to lands

is cut ofi" by railroads 155

issue of bonds by street railway companies, to be approved by, 170

powers of, in relation to crossings of railroads . . . 203
powers of, in relation to the abolition of grade crossings of

railroads 265

Marlborough Street Railway Company not to cross tracks of

steam railroad at grade without consent of . . .173
to investigate appliances for deadening the noise of electric

cars 671

Commissioners, savings banks, salary of first clerk of . . . 220

to examine and report on laws relating to banks and banking, 569

report of, additional copies may be printed .... 582
Commissioners, state house construction, to take land on east side of

state house extension 446

Commitment of insane persons, relating to 204

Committee hearings, bulletin of, publication authorized . . . 548

Compensation, for members of the state dairy bureau . . . 131

for travel and attendance of members of the legislature . . 56
Complaint, form of, for violation of laws regulating employment of

women and minors in manufacturing establishments . 184
Concord, town of, board of trustees of town donations, provided for, 160
Conditional sales of furniture, etc., law relating to, amended . .451
Congregational Church, Pilgrim, of Duxbury, may convey meeting-
house, etc 115

Congregational Society of Boston, The Shawmut, may sell its

property 93

"West, of Warren, proceedings ratified 149

Congress, members of ......... . 673

Congressional districts, map of, to be printed and distributed . . 561

Consolidating and arranging election laws, providing for . . . 578

Index.

785

Constables, may be assigned for special service at agricultural and

horticultural exhibitions

Constitution, amendment to, proposed, abolishing property qualifi-
cation for office of governor, to be voted upon by the

people

relative to payment of mileage to members of the general
court ..........

Constitutional amendments, proposed, publication and posting of
Controller of county accounts, returns of county treasurers to be

made to

Conway, town of, proceedings of town meeting confirmed

Corporations, change of name of, relative to . . .

certain, dissolved .......

Corrupt practices in elections, to prevent ....

Costs, recovery of, from insolvent estates ....

reduced, where two or more cases are tried together
County, Barnstable, salary of clerk of courts of, established
Bristol, clerical assistance for treasurer of
Dukes, an additional trial justice to be appointed in
Hampshire, time for arranging and indexing records in office

of register of probate of, extended .
Middlesex, establishing number of officers in attendance upon
the superior and supreme judicial courts in
first assistant clerk of the courts for, salary established
one or more truant schools to be erected in .
superior court of, civil business, time of sitting changed
Norfolk, salary of treasurer established ....

SulTolk, superior court of, for civil business, fifth assistant
clerk of, provided for . . .....

fixing time and place for holding sessions of probate court in,

clerical assistance in the office of register of probate and

insolvency for .........

city of Boston may borrow money for payment of expense
of fui'nishing new courthouse in .... .

salary of the associate medical examiner of, established
County commissioner, Berkshire, deceased, salary of, may be paid

to widow

County commissioners, filling of vacancies in office of . . .
to furnish to highway commission information concerning

highways

Dukes County, duties of, in respect to the draw of Lagoon

bridge

Essex, duties of, in respect to Rocks bridge ....

salaries established

Norfolk, may enlarge courthouse at Dedham ....

salaries established ........

Plymouth, salaries established

177,

160

577

583
122

534
540
179

73
457
377
205

99
134
450

119

114
1G6
232
439
246

96
179

204

240
240

118

327

92
120
359

96
442
250

786 Ii^DEx.

Page

County taxes, granted 560, 562

Count}' treasurers, to make annual return to the controller of county

accounts, etc. ......... 534

County or union truant schools, removal of truants to ... 64

Court, district. East Boston, salary of justice established . . Ill

municipal, city of Boston, for civil business, third assistant

clerk of, salary established 56

assistant probation officers of 211, 234

police, Marlborough, salaries of justice and clerk of . . 98

probate, county of Suffolk, time and place of holding . . 179

superior, relating to payment of official stenographers of . 128
for civil business, Middlesex county, to be held at Lowell

on the second Monday of September 439

civil session, county of Suffolk, fifth assistant clerk for, to

be appointed 96

jurisdiction of, in real actions, relative to . . . . 153

associate justices of, number inci'eased .... 232
presiding judges of, not required to write their decisions,

etc., during progress of a trial 113

salaries of justices established 313

in counties of Suffolk and Middlesex, relating to equity

docket of 547

supreme judicial, concurrent jurisdiction with probate courts,

in equity, in relation to trusts ...... 119

jurisdiction of, in real actions ...... 153

salary of reporter of decisions of, established . . . 422

salaries of justices established 113

transfer of cases in, authorized ...... 124

Coui'thouse, in Dedham, enlargement of 96

in county of Suffolk, city of Boston may borrow money for

payment of expense of furnishing ..... 240
Courts, district, police and municipal, original writs issued by, not

returnable more than sixty da}'s from date . . . 136
in Middlesex county, officers in attendance upon, duties, sal-
aries, etc 114

inferior, naturalization in, relating to 339

inferior, relating to special justices of 231

probate, given concurrent jurisdiction with supreme judicial

court in equity, I'elating to trusts 119

probate, in county of Suffolk, fixing time and place of holding

sessions of 179

supreme judicial, superior, police, etc., to reduce witness fees

and costs in, in certain cases 205

Cottage City and Tisbury, towns of, to maintain and repair Lagoon

bridge 92

Cox, Joanna L., in favor of 549

Cranberry lands, erection of dams across navigable streams, etc.,

for flowing 63

Index.

787

Page
Criminal cases, relating to procedure upon writ of error, etc., in . 230

Criminals, ideutittcatiou of 265

Criminals and paupers, immigration of 576, 590

Crombie Street Churcli in Salem, proprietors of pews, etc., may vote

at meetings of 206

Crossings, railroad companies to maintain, to give access to lands

cut off by railroads 155

Crossings of railroads, etc., at grade, relating to . 70, 159, 203, 265

Crowell, Horace S., may build causeways, etc., in Falmouth . . 231
•Current events, trustees and librarian of state library to prepare an

index of 132

Dairy bureau, state, compensation of members 181

Damon, Samuel H. , eligible to receive state aid 553

Dams across navigable streams, etc., for flowing cranberry lands,

may be erected under certain conditions .... 53

Deaf Mutes, New England School for, in favor of .• . . . 580

Death by violence, use of embalming fluid in cases of . . . 141

Deaths, births and marriages, records of, concerning . . . 256

Debtors, bankrupt and insolvent, special judgments against . . 182

Dedham, courthouse in, may be enlarged 96

Deed, etc., purporting to affect title to lands, record of, to be con-
clusive evidence of deliver}^ 223

Deeds, registries of, re-recording of certain records in . . . 222

registers of, place of residence of, etc 121

Deerfield Valley Railroad, provisions affecting 33

Dennis and Yarmouth, towns of, may unite for the employment of a

superintendent of schools 378

Deposit of money, etc., for a speciflc purpose, penalty for fraudulent

conversion of 131

Detention of a material witness in case of felony, relating to . . 378
Dipsomaniacs and inebriates, Massachusetts hospital for, allowance

for repairs, expenses, etc., of 563

Dipsomaniacs and lunatics, notice to be sent to overseers of the
poor, etc., before commitment of, etc., to a state lunatic

hospital 52

Dissolution of certain corporations 73

District attorney, southern district, salary established . . . 272

first assistant, Suffolk district, salary established . . . 205
District, police and municipal courts, writs issued by, not returnable

more than sixty days from date 136

District court. East Boston, salary of justice established . . .111

District police, salary of chief established 125

salary of second clerk in oflice of chief, established . . 220

Dogs known as English bloodhounds, relative to the keeping of . 51

788

Index.

Street Railway

Doherty, Catherine R., eligible to receive state aid
Dolan, Owen, eligible to receive state aid .
Dracut, town of, Lowell, Lawrence and Haverhill

Company, may lay traclvs through
Drunkenness, fees of certain officers for arrests for
jurisdiction given to trial justices in cases of
Dulies County, commissioners of, duties in respect to the draw of

Lagoon bridge

an additional trial justice to be appointed
Duplicate records in registries of deeds provided for
Duxbury, Pilgrim Congregational Church of, may convey meeting

house, etc

Pago
559
561

194
178
149

92
450
222

115

Early acts and resolves, copy to be furnished to each state and ter-
ritory 555

East Boston district court, salary of justice established . . . Ill
East Bridgewater, town of Whitman may establish electric light

plant in 435

East Gloucester Baptist Society, name changed .... 35

East Side Street Railway Company, may lease railway, etc., to the

Broclcton Street Railway Company 39

Eastern Railroad Company, mortgage of, shares of the Boston and

Maine Railroad subject to lien of . .... 439
Easthampton, town of, may refund money paid for a liquor license, 114
Edgell, Stillman "W., allowance for expenses in connection witli the

disappearance and funeral of 572

resolutions on the death of 589

Edison Electric Illuminating Company of Boston, may increase

capital stock 203

Education, boai'd of, to publish new edition of course of studies for

ungraded schools, school laws, etc 566

Educational and religious associations may define grounds, etc.,

under their control, and enforce regulations, etc. . . 132
Eels and white perch, taking of, regulated in the waters of the town

of Mattapoisett 165

Egremont, town of, aid for schools in 252

Election laws, relating to the consolidation and arrangement of . 578

Election officers, canvass of ballots by 534

in towns divided into voting districts, examination and cor-
rection of returns of 168

Election of county commissioner to fill a vacanc)', relating to . . 118
Elections, fraudulent marking of ballots during and subsequent to,

penalties for 384

ballots cast in, in towns, on the question of granting licenses

for the sale of intoxicating liquors, may be recounted . 201

Index.

789

Page

Elections — Concluded.

canvass of votes cast in, liow to be made ....

in precincts having more tlian six hundred voters, ballots may

be counted while voting is in progress
relative to posting proposed constitutional amendments prior

persons qualified to vote at, registration of . . .
secrecy of ballot at, when a voter is challenged
cards of instructions and specimen ballots for, relating to
ballot law commission to consider objections to nominations

of candidates to be voted for

method of voting for presidential electors

at special town meetings, check lists to be used

to prevent corrupt practices in, etc. .....

Electors of president and vice-president, method of voting for
Electric cars, relative to appliances for deadening the noise of
Electric Freight Railway Company, Quincy, may change portion of

its location

Electric Illuminating Company of Boston, Edison, may increase

capital stock

Electric light commissioners, board of gas and, certain cities and

towns to make returns to

Electric light companies, gas and, penalty for not making returns
to commissioners .......

Electric light plant, town of Whitman may establish
Electric light wires, erection, etc., of, regulated
Electric Street Railway Company, Boston and Revere, may con-
struct tracks upon locations granted by the selectmen of

Winthrop 14

Essex, may lease property, etc., to the Naumkeag Street

Railway

Electricity, as a motive power, may be used by steam railroads

Embalming fluid, use of, in certain cases

Embezzlement of money, etc., deposited for a specific purpose, relat-
ing to

Employees, engaged in weaving, deduction of wages prohibited

liability of employers to make compensation for personal

injuries suffered by 226

penalty for intimidating 315

Employees and employer, relating to controversies between . . 423
Employers, liability of, to make compensation for injuries suflered

by employees 226

Employment of children and women, relating to . . . 357, 376
Employment of women and minors engaged in manufacturing, relat-
ing to 94, 184

English bloodhounds, certain provisions of law not to apply to keep-
ing of 51

534

447

123
344
316

267

448
236
52
457
236
571

203

225

229
435
233

230
116
141

131
451

790 Index.

Page
Equity, probate courts given concurrent jurisdiction witli supreme

judicial court in, in relation to trusts 119

Equity docket, superior court, counties of Suffolk and Middlesex,

relating to 547

Error, writ of, in criminal cases, procedure upon .... 230
Essex Company, bridge over the north canal of, to be maintained by

city of Lawrence 66

Essex county, commissioners to construct additional piers for sup-
port of Rocks bridge 120

salaries of county commissioners established .... 359

Essex County Safe Deposit and Trust Companj% incorporated . . 441
Essex Electric Street Railway Company, may lease property, etc., to

the Naumkeag Street Railway Company .... 230
Essex and Ipswich, towns of, boundary line in tide water established,

between city of Gloucester and 157

Establishment of city governments, to provide for the . . . 395

Estates, insolvent, relating to recovery of costs from . . . 377
Eustis, Governor, allowance for altering, improving and care of

burial lot of 574

Everett, city of, incorporated 859

town of, may issue bonds for improving water supply . . 167

Evergreen Cemetery Association, of Stoughton, incorporated . . 142

Executive department 653

Exhibitions, agricultural and horticultural, constables, etc., may be

assigned for special service at 159

Expenses of elections, to provide for publicity of ... . 457
Exposition, woi'ld's Columbian, at Chicago, participation of the

Commonwealth in 566, 571, 580

Eall River, city of, assessment of damages for property taken for

protection of water supply 378

may borrow money beyond debt limit, for street improve-
ments, etc 383

Fall River Real Estate Association, of Fall River, incorporated . 314
Falmouth, town of, causeways, etc., in, may be built by Horace S.

Crowell 231

Fees, of certain officers for arrests for drunkenness, in relation to . 178

Fees reduced, when two or more cases are tried together . . . 205

Felony, detention of material witnesses in cases of . . . . 378
Feoffees of the grammar school in IpsAvich, may sell certain real

estate 67

Fifty-eight hours to constitute a week's work for minors and women, 376

Fines, forfeitui'es, etc., returns of, to be made by county treasurers, 534
Fire commissioners, city of Maiden, providing for appointment of

board of 161

Index. 791

Page

Fire department, city of Boston, members of, may be pensioned . 339
Fire District, North Adams, may borrow money in anticipation of

taxes 207

Nnraber One of Attleborough, may increase water supply . 54
Number One of Nortli Attleborough, franchise and property

may be bought by the town ; additional water loan, etc., 150, 381
South Adams, name changed to Adams Fire District; may

refund indebtedness 199

Number One, in the town of South Hadley, powers enlarged,

etc 47, 199

Firemen's Association, Massachusetts State, annual appropriation

for 157

Firemen's Relief Association, Cambridge, incorporated ... 89

Fish, sale of trout less than six inches in length, prohibited . . 222

Fisheries, of Massachusetts, resolution relating to ... . 586

in town of Mashpee, regulated . 176

eel and white perch, in town of Mattapoisett, regulated . . 165

lobster, relating to 446

oyster, in the town of Yarmouth, relating to . . . . 72

scallop, in waters of town of Marion, regulated . . . 166

Fisk, Christie A., in favor of 568

Fitchburg, city of, may increase water supply 57

Fitchburg Street Railway Company, may purchase the Leominster

Street Railway, etc 94

Fitchburg and Leominster Street Railway Company, name estab-
lished 95

Fleming, Michael J. , eligible to receive state aid .... 558

Floyd, John A., in favor of 568

Form of complaint for violation of laws regulating the employment

of women and minors ....... 184

Foxborough, town of, certain inhabitants of, to be supplied with

water by the Foxborough Water Supply District . . 205
Framingham, town of, allowance to, for right to discharge sewage

from reformatory prison for women into main sewer of . 186

normal school at, land may be sold 554

normal school at, allow^ance for iinpi'ovements . . . 563
Fraternal beneficiary corporations, etc., doing business of insurance

upon the assessment plan, in relation to . . . . 539
Fraternal beneficiary organizations of other states, relating to ad-
mission of 44

Fraternity of Chiirches, Benevolent, may hold additional estate . 155
Fraudulent conversion of money, etc., deposited for a specific pur-
pose, punishment for 131

Fraudulent marking of ballots, in elections, fine and imprisonment

for 384

Free passes not to be issued by railroad corporations to certain pub-
lic ofticials 56

792 Index.

Page

Free public libraries, expense of transportation of state publications
supplied to, to be paid by tlie secretary of the Common-
wealth 511

library commissioners may expend one hundred dollars for

the purpose of supplying books to, in certain towns . 223
Turniture, mortgage of, to secure a small loan, relating to . . 516
rurniture and other household effects, conditional sales of, law re-
lating to, amended 451

Game, pursuit of wild fowl regulated 112

Game or hazard, relating to 450

Gaming, unlawful, obstructions in buildings resorted to for purpose

of, relating to 436

Gardner, town of, proceedings of annual town meeting confirmed . 178

Gas, illuminating power of, standard fixed 67

Gas or electric light companies, penalty for not making returns . 229
Gas and electric light commissioners, certain cities and towns to

make returns to ........ . 225

General court, members of, compensation and travelling expenses ;

issue of railroad passes to, prohibited .... 56

German Evangelical Parisli in Pittsfield, Protestant, name changed . 257

Gettysburg battlefield memorial association, relating to . . . 550

Girls, state industrial school for, repairs and improvements at . 567
Gloucester, city of, boundary line in tide water between towns of

Essex and Ipswich and, established 157

waters of Squam pond in, placed under control of the United

States fish commission 45

The Parish of the Chapel Street Baptist Chui'cli of, name

established 35

Goodhue, John M., resolutions relative to 588

Goshen, town of, proceedings at town meeting confirmed . . 239

Gould, George H., eligible to receive state aid 554

Government, city, towns containing twelve thousand inhabitants

may vote to adopt 395

Governor, relative to appointments oft the staff of ... . 207

inaugui-al address of, to the legislature 593

special messages of 616

salary established Ill

Governor and council, may appoint an executive stenographer . . 26

Governors of the Commonwealth, resolution concerning portraits of, 588

Grade crossings, abolition of, relating to 265

of the Boston and Providence Railroad, abolition of . . 536

in Brockton, abolition of 439

on Chelsea bridge and avenue, in Boston, abolition of . . 392

in the citv of Newton, abolition of 70

Index. 793

Page
Grade crossings — Concluded.

in citj' of Northampton, abolition of 264

at St. Mary's street in Broolsliue, abolition of . . . . 150

in the city of Pittsfleld, abolition of 171

cities and towns may iuci;r indebtedness to pay damages in-
curred by taking of laud for alteration of . . . . 159
Grammar school in Ipswich, feoft'ees of, may sell certain real estate, 67
Gravel, sand, etc., unauthorized removal of, from beaches, pro-
hibited 181, 187, 377

Groveland, town of, exempt from part of expense of maintaining

Groveland bridge 177

Guaranty insurance companies, accident, fidelity and, relating to

taxes upon 125

Gypsy moth, to prevent depredations by 549

report on, to be printed 557

Hampshire county, time extended for indexing records, etc., in office

of register of probate 119

Harbor and land commissioners, piers for support of Rocks bridge,

subject to approval by 120

payment of expenses of hearing before 579

may prohibit the removal of gravel, sand, etc., from beaches,

etc 181-187, 377

Haverhill, city of, portion of expense of repairs on Rocks bridge to

be paid by 120

protection of water supply of 463

Haverhill and Araesbury Street Railway Company, incorporated . 191
Haverhill and Groveland Street Railway Company, provisions

afiecting 198

Health, state board of, relative to a laboratory for the . . . 580
duties of, in I'elatiou to preserving the purity of the Avaters of

Spot pond 235

Herrick, Sidney, in favor of 552

Hibernians, Division No. 19, Ancient Order of, may hold real and

personal estate, etc 147

Highways of the Commonwealth, commission to improve the,

established 327

in the city of Boston, laying out, etc., relating to . . . 464

locating and laying out of, in the town of Brookline . . 69

assessment of damages for lajiug out, etc 455

relating to crossings of 203

Hingham, town of, locations of street railways in . . . .221

Holbrook, town of , additional water loan for 116

Holyhood Cemetery Association, may take, hold and convey certain

real estate 159

794

Index.

Page

Home, Boston Industrial, name established, etc 135

for Aged Men, in Worcester, name establislied ... 51
for Aged Men, may Iiold additional estate .... 32
Odd Fellows', of Massachusetts, property exempt from taxa-
tion 179

soldiers, in Massachusetts, in favor of 548

Hoosac Tunnel and Wilmington Railroad Company, may issue bonds

and mortgage road, etc 33

organization and proceedings confirmed 180

Hopkinton, town of, additional water loan for 182

Horses entered or driven for a premium, not to be disguised, etc. . 152
Horse Railroad Company, Newburyport and Amesbury, may issue

mortgage bonds 27

Hospital cottages for children, trustees of, to be appointed . . 449

Hospital, Marlborough, may hold real and personal estate . . 96

Massachusetts, for dipsomaniacs and inebriates, allowance for

repairs, current expenses, etc 563

New England, for women and children, may hold additional

estate 123

Waltham, ma}^ hold additional estate 97

Westborough insane, allowance for improvements, repairs

and expenses at 576

Hours of labor for women and minors employed in manufacturing, 94, 376

Housatonic Railroad Company, provisions aflecting .... 249

Household eflects or furniture, conditional sales of . . . . 451
Household furniture, mortgage of, to secure a small loan, relating

to . 546

Howard Benevolent Society, Newburyport, may hold additional

estate 90

Hubbard, George F., eligible to receive state aid .... 559

Hudson, town of, may refund portion of debt 121

Marlborough Street Railway Company, may extend its road

into 172

Identification of criminals, relating to . . .
lUirminating power of gas, standard fixed .
Immigration of paupers and criminals, relating to

resolutions relating to

Inaugural address of governor to the legislature
Index of current events, preparation of, authorized .
Industrial education, providing for a continuance of the investiga-
tion into the subject of

Industrial School for Deaf Mutes, New England, in favor of .

for girls, state, allowance for repairs and improvements at
Infants, boarding houses for, license and regulation of

265

67
576
590
59S
132

669
580
567

268

Index.

795

Page^

Infirniarv, Massachusetts Charitable Eye and Ear, in favor of . . 574
lugalls, Charles IL, late county commissioner, salary may be paid

to widow, etc. ......... 53

Insane Asylum, Medfleld, established 512

Insane hospital, Westborough, allowance for improvements, repairs

and expenses at 576

Insane persons, relating to commitment of .... 52, 204
maintenance of, certain towns to be reimbursed for ex-
pense of 211

Insolvent debtors, special judgments against, relating to . . . 182

Insolvent estates, recovery of costs from ...... 377

Inspection of buildings in the city of Boston, relating to . .471

Inspector of provisions, to be appointed for the city of Lynn . . 384
Inspectors of provisions, animals, etc., to be appointed in cities and

towns . . . . . . . . . .175, 536

Institute, Worcester polytechnic, may hold additional estate . . 90
Insurance commissioner, companies eflecting a reinsurance to make

sworn statement to ........ 50

Insurance companies, mutual boiler, relating to insurance risks of . 49
relating to taxes upon certain accident, fidelity and guaranty, . 125
Insurance organizations, fraternal beneficiary of other states, ad-
mission of 44

Insurance policies, life, proof of claims under, etc. .... 389
Insurance upon the assessment plan, corporations organized for bus-
iness of, in relation to ....... 539

Interest, on small loans, relating to 516

Intimidation of laborers, penalty for 315

Intoxicating liquor, recount of ballots cast in towns upon the ques-
tion of granting licenses for sale of . . . . . 201
licenses for sale of, in towns which are summer resorts . . 237
portion of fee for license for sale of, may be refunded by

the town of Easthampton 114

Ipswich, town of, the feoflees of the grammar school in, may sell

certain real estate 67

Ipswich and Essex, towns of, boundary line in tide water established

between city of Gloucester and 157

Jamaica pond and Ward's pond, may be taken for a public park by
the city of Boston ......

Judges of probate and insolvency, relating to duties of .

Judgments, special, against bankrupts and insolvent debtors, relat
ing to

Judicial department .

Jurisdiction, of the supreme judicial and superior courts in real

actions, relative to

of trial justices in cases of drunkenness .

386
326

182
670

157
14«^

796 Index.

Justice, East Boston district court, salary established
police court of Marlborough, salary established

Justice of the peace, Edward L. Tead, acts confirmed

Alden E. Viles, acts confirmed

Justices, associate, of the superior court, number increased
special, of inferior courts, relating to .
of the superior court, salaries established
of the supreme judicial court, salaries established .

Ill
98
552
560
232
231
313
113

Kingston, town of, Pljanouth and Kingston Street Railway Com-
pany, may lay its tracks through streets and highways of,
etc 30

Konkapot Valley Railroad Company, incorporated .... 249

Labor, employees engaged in, at -weaving, deduction of wages pro-
hibited, except, etc 451

form of complaint for violation of laws relating to hours of,

for women and minors 184

hours of, for women and minors employed in manufacturing,

etc 94, 376

of children, in relation to 357

on public works, etc., relating to paj-meut for . . . 231
Labor controversies, duties of expert assistants appointed by the

state board of arbitration in 423

Laboratory for state board of health, room to be leased and fur-
nished for 580

Laborers, intimidation of, penaltj^ for 315

Lagoon bridge, maintenance, repairing, etc 92

Lamson Home, property of, may be received by the Massachusetts

Baptist Charitable Society 200

Land, relative to taking of, for taxes 115

I'elative to filing of claims against, for record .... 241

record of instrument afl'ectiug title to, evidence of delivery . 223

and buildings, relative to liens on 168

Lands of the Commonwealth in Provincetowu, plan for the im-
provement of 508

Lawrence, city of, to maintain bridge over the north canal of the

Essex Company 66

relative to new armory at 506

Laws relating to elections, consolidation and arrangement of . . 578
Lease purporting to aflect title to lands, record of, to be evidence of

delivery 223

Index.

797

Page
Legacies, collateral, and successions, tax on, law relating to,

amended 422

Legislative department 654

Legislature, members of, compensation for attendanee and travel of;

issue of railroad passes to, prohibited .... 56

inaugural address of the governor to 593

special messages to 616

Leominster Street Railway, may be purchased by the Fitchburg

Street Railway Company 94

Lexington, town of, burial lot of Governor Eustis in, to be improved

and cared for 574

Lexington Water Company, authorized to improve and increase

water supply 340

Liability of employers to make compensation for personal injuries

sutfei'ed by their employees 226

Liability of shareholders in trust companies, in relation to enforcing, 312

Librarian, assistant state, salary established 240

Libraries, free public, iu certain towns, books for, to be furnished

by library commissioners 223

expense of transportation of state publications to, to be paid

by the Commonwealth ....... 511

Library, state, an index of current events to be prepared for . . 132
Library commissioners, may expend one hundred dollars for books
for the use of free public libraries in towns of a less val-
uation than .$600,000 223

Licenses for the sale of intoxicating liquor, recount of ballots cast

in towns upon the question of granting .... 201

iu towns which are summer resorts, in relation to granting . 237

Licensing and regulating boarding houses for infants . . . 268

Liens on buildings and lands, relative to 168

Life insurance policies, proof of claims under, relating to . . 388

Life saving station, relative to establishing, at City Point in Boston, 588
Liquor, intoxicating, licenses for sale of, in towns which are summer

resorts, in relation to ... . .... 237

recount of ballots cast iu towns upon the question of granting

licenses for sale of ....... . 201

Liquor license, portion of fee for, may be refunded by the town of

Easthampton . . . . . . . . .114

Loans, small, and the redemption of the security given, relating to . 515

Lobsters, taking of, in certain cases prohibited .... 446

Loring, Charles F., resolution relative to the decease of . . . 585

in favor of widow of ........ 548

Lotteries and policy lotteries, relating to ..... . 450

Lowell, city of, charter revised 280

may take additional land for armory lot 129

Massachusetts Real Estate Company in, incorporated . . 336

Washington Savings Institution of, incorporated . . . 130

798 Index.

Page
liowell, Lawrence and Haverhill Street Railway Company, incorpo-
rated 194

Lowell and Suburban Street Railway, provisions affecting . . 194
Xunacy and charity, state board of, licensing and regulating board-
ing houses for infants by 268

Lunatic hospital, Northampton, allowance for enlargement and re-
pair of 562

Taunton, allowance for repairs and improvements at . . 557

Lunatics, certain towns to be reimbursed for the maintenance of . 211

commitment of, relating to 52, 204

Lyman school for boys, allowance for repairs and improvements at, 556

Lynn, city of, may malie an additional water loan .... 379

inspector of pi'ovisious for 384

water board of, may fix water rates, etc 228

Lynn and Boston Railroad Company, provisions affecting . . 393

Maintenance of insane, certain towns to be reimbursed for expense

of 211

Maiden, city of, board of fire commissioners for, may be appointed, 161
may incur a debt for parlc purposes beyond the prescribed

limit 145

to preserve the purity of water supply for .... 235

Manchester, town of, allowance to 562

Manual training and industrial education, providing for continuance

of an investigation into the subject of ... . 569
JSIanufacture and sale of clothing made in unhealthy places, relating

to 247,587

Manufacturing, hours of labor for women and minors employed in . 94
Manufacturing establishments, form of complaint for violation of

laws regulating employment of women and minors in . 184
certain minors and women not to be employed in, more than

fifty-eight hours in a week 376

Map of congressional districts, to be printed aud distributed

Map of Massachusetts, in relation to

Marblehead, town of, protection of beaches and shores of
may make an additional water loan ....
Marine Railway, Beverly, may confirm its pi'oceediugs and convey

its real estate 180

Marines who served in the war of the rebellion, eligible to receive

state and military aid 573

Marion, town of, relative to fishing in Barlow's pond aud Matta-

poisett river 166

scallop fishery in, regulated 166

Marlborough, city of, additional water supply for .... 432
superintendent of schools in, duties, etc., of .... 240

5G1

551

187

IxDEX. 799

Page
Marlborough, city of — Concluded.

Chestnut Hill Real Estate Association of, may reduce its capi-
tal stock 97

police court of, salaries of justice and clerk .... 98

Marlborough hospital, may hold real and personal estate ... 96
Marlborough Street Railway Company, may extend road and increase

capital stock 172

Marriage of a testator, revocation of a will upon .... 120

Marriages, births aud deaths, concerning 256

record and return of, in relation to 250

Mashpee, town of, fisheries in, regulated 176

Mashpee, Bourne and Sandwich, towns of, authorized to unite in the

employment of a superiuteudeut of schools . . . 336
Massachusetts Agricultural College, allowance for assistance to

students of 553

allowance for improvements at 581

Massachusetts Baptist Charitable Society, may receive property now

held by the Lamsou Home 200

Massachusetts Charitable Eye and Ear Infirmary, in favor of . . 574
Massachusetts hospital for dipsomaniacs and inebriates, allowance

for repairs, current expenses, etc 563

Massachusetts Medical Benevolent Society, may hold additional

estate 72

Massachusetts Real Estate Company of Lowell, incorporated . . 336

Massachusetts reformatory, allowance for additional cell room at . 571

allowance for purchase of books for library at . . .571

sentences to 252, 253

Massachusetts soldiers' home, in favor of 548

Massachusetts State Firemen's Association, annual appropriation for, 157

Mattapoisett, town of, eel and white perch fisheries in, regulated . 165

Mayor and aldermen may make and renew marks on shade trees . 136

McDonald, Margaret, granted an annuity 581

Medford, town of, to preser\-e purity of water supply for . . 235

city of, incorporated 294

Medfleld Insane Asylum, established 512

Medfield Water Company, incorporated 276

Medical Benevolent Society, Massachusetts, may hold additional

estate 72

Medical examiner, associate, for the county of Suflblk, salary estab-
lished 240

Medical examiners, permit from, to be obtained before usiug

embalming fiuid in cases of death by violence . . . 141

Medway "Water Company, incorporated 321

Meetings, open air, city of Boston may procure open spaces for . 243

Melrose, town of, may refund a portion of its town hall bonds . 197

may refund a portion of its water fund bonds . . . . 201

to preserve the purity of water supply for .... 235

800 Iot)ex.

Page

Members of congress 673

Memorial Hall, Thomas Talbot, in Billerica, to be exempt from taxa-
tion 156

Merrimac, town of, portion of expense of repairs on Rocks bridge

to be paid by 121

Merry, William C, eligible to receive state or military aid . . 558

Messages, special, to the legislature 616

Messengers and pages of the senate and house of representatives, in

favor of 581

Methodist Episcopal Church, Bromfleld Street, in Boston, may sell

real estate 112

Methodist Episcopal Church Camp Meeting Association, Worcester

District, number of trustees increased .... 94

Methuen, town of, water supply for 259, 394

Lowell, Lawrence and Haverhill Street Railway Company,

may lay tracks through . . . . , . .194

Methuen Water Company, incorporated 259

Metropolitan park commissioners, to be appointed .... 335
Metropolitan sewerage commissioners, advances from the treasury

to 68

may sell certain property taken for sewerage purposes . . 221
Middlesex county, assistant clerks of the courts for, salaries estab-
lished 166

commissioners of, may erect truant schools, etc. . . . 232

courts in, officers in attendance upon, duties, salaries, etc. . 114
Mileage tickets, issued by railroad companies, to be received on all

railroads 438

Militia, volunteer, appointments on the staff of the commander in

chief of 207

naval brigade, to be attached to 381

Miller, Horace E. , in favor of widow of 582

resolutions on the death of 590

Millis Savings Bank, incorporated 45

Millis Water Company, incorporated 215

Mills, Washington, may increase capital, etc 250

Milton, town of, Quincy and Boston Street Railway Companj^ may

locate tracks in 285

Minors, peddling by, relating to 315

relating to employment of 357

Minors and women, form of complaint for violation of laws regu-
lating the employment of 184

hours of labor in manufacturing and mechanical establish-
ments, regulated 94, 376

Money or securities deposited for a specific purpose, penalty for

fraudulent conversion of 131

Monopoly of mining and transporting anthracite coal, resolution

against 589

Index. 801

Page
Monson, state primary school at, allowances to . . 5(52, 508, 575

Mortgage or pledge of liousehold furniture or personal propertj-, to

secure small loans, relating to 516

Mount Washington, South Berkshire Mountain Club in, incor-
porated 337

Municipal court, city of Boston, civil business, third assistant clerk

of, salary established 50

assistant probation oflicers for, in relation to . . . 211, 234
Municipal courts, original writs issued by, not returnable more than

sixty days from date 136

Musicians, itinerant, may be controlled by cities and towns . . 438
Mutual boiler insurance companies, relating to insurance risks of . 49

Nails, packing and branding of, relating to 65

Names of corporations, relative to change of . . . . 177, 179

Names of persons changed 645

Nantucket, town of, preservation of the public health in . ... 209

in favor of 563

may elect a board of sewer commissioners .... 209

Nathan Slade Cemetery Association, incorporated .... 153

Natick, town of, in favor of 582

Naturalization, in inferior courts, relating to 339

Naukeag Water Company, may increase water supply , . .311
Naumkeag Street Railway Company, may lease the Essex electric

street railway 230

Naval brigade, to be attached to the volunteer militia . . .381

Needham, town of, may make an additional water loan . . . 224
New Bedford, city of, may borrow money beyond the debt limit for

park purposes 138

Newbury, town of, may construct a wharf on the Elver Parker . 232

proceedings of town meeting confirmed 267

Newburyport and Amesbury Horse Railroad Company, to

extend tracks into 27

Newburyport Howard Benevolent Society, may hold additional estate, 90
Newburyport and Amesbury Horse Railroad Company, may issue

mortgage bonds 27

provisions afl'ecting 198

New England Hospital for Women and Children, may hold additional

estate 123

New England Industrial School for Deaf Mutes, in favor of . • 580

New Marlborough, town of, aid from the state for schools in . . 252

Newton, city of, grade crossings in, relating to abolition of . . 70
Newton and Boston Street Railway Company, may increase capital

stock, extend location, etc. 134

802

Index.

Page
Norfolk county, commissioners of, may enlarge the courthouse in

Dedham 96

salaries of county commissioners established .... 442

salary of treasurer established 246

Normal art school building, allowance for iinishing .... 564
Noi-mal school, state, Bridgewater, allowance for printing a cata-
logue, etc 565

Framingham, allowance for improvements at . . . . 563

land at, may be sold 554

Westfield, allowance for improvements at ... . 573

"Worcester, allowance for furnishing dormitory at . . . 557

Normal schools, purchase of educational books for, etc. . . . 566
North Adams Fire District, may borrow money in anticipation of

taxes 207

Northampton, city of, abolition of grade crossings in . . . 264

may issue additional sewer scrip 110

state lunatic hospital at, allowance for enlargement and repair, 562
North Attleborough, town of, may purchase franchise, etc., of Fire

District Number One 381

North Attleborough, Fire District Number One of, additional water

loan 150

Northbridge, Ancient Order of Hibernians of, authorized to hold

real and personal estate .147

North Brookfleld, town of, proceedings at annual meeting confirmed, 188

Norton, Shubael C., eligible to receive state aid .... 553

'O'Donnel, Edward, portion of license fee paid by, in the town of

Eastharapton, may be refunded to widow of . . .114
■ Oak Grove Cemetery Association, may convey its propertj'^ to the

town of Plymouth 256

•Ocneria dispar or gypsy moth, to prevent depredations by . . 549

report on, to be published 557

■Odd Fellows' Home of Massachusetts, exempt from taxation, etc. . 179
.Officers, sailors and marines, on list prepared bj^ the adjutant

general, to be eligible to state aid 573

Official stenographers of the superior court, relating to payment of, 128
Old Colony Railroad, abolition of grade crossings on, in the city of

Brockton 439

Old Colony Railroad Company, may lease the Plymouth and Middle-
borough Railroad 117

provisions affecting 173, 53G

Old Men's Home in the city of Worcester, name changed . . . 51

Onset Water Company, incorporated 317

Orange, town of , may supply itself with water . . . . 61,206

Ord, John, eligible to receive state or military aid .... 554

Index. 803

Pnge
Overseers of the poor, city of Boston, organization of . . .127

Oxford, town of, in favor of . . .' 549

Oysters, in the town of Yarmonth, taking of 72

Parish, Protestant German Evangelical, in Pittsfield, name changed, 257
Parish of the Chapel Street Baptist Cliurch of Gloucester, name

established .......... 35

Park, public, in Boston, Jamaica pond and Ward's pond may be

taken for 3S0

Park commissioners, metropolitan, to be appointed .... 335
Park Street Congregational Society in Boston, may acquire tombs,

etc 540

Parks, public, Cambridge may lay out and maintain .... 332
Maiden may borrow money for constructing and maintaining, 145
New Bedford may borrow money for constructing and main-
taining 138

Paupers and criminals, immigration of, relating to . . . 576, 590

Peabody, town of, vote legalized 186

Peddling by minors, relating to 315

Pensioning members of the police department of the city of Boston,

relative to 358

Pensioning members of police departments in cities containing not

less than seventy-flve thousand inhabitants, relating to . 421
Pensions, may be granted to members of the Are department of

Boston 339

People's Street Kailway Company, incorpoi'ated .... 197

Perjury, punishment for 122

Personal property, mortgage or pledge of, to secure a small loan,

relating to 516

Pharmacy, practice of, providing for the better enfoi'cement of law

regulating 574

Phillipston, town of, part of, annexed to town of Templetou . . 126
Pilgrim Congregational Church of Duxbury, may convej" meeting-
house, etc 115

Pilgrim Memorial Association of Provincetown, Cape Cod, incorpo-
rated 32

Pilotage, for landing places in Winthrop regulated .... 118

Pittsfield, city of, additional water supply 164

may remove the remains of the dead from Melville street

cemetery in 332

to provide for the abolition of grade crossings in . . . 171

Protestant German Evangelical Parish in, name clianged . 257

Pixley, Andrew J., in favor of 570

Playgrounds, city of Boston may procure open spaces for . . 243

Plymouth, town of, may discontinue a public landing place . . 97

Oak Grove Cemetery may be conveyed to .... 256

804 Index.

Page

Plymoiith county, commissioners of, salaries established . . . 250

Plymouth County Railroad Company, incorporated , . . . 139

Plymouth County Safe Deposit and Trust Company, incorporated . 442
Plymouth and Kingston Street Railway Company, may extend tracks

and increase capital stock 29

Plymouth and Middleborough Railroad Company, may lease its road

and franchise to the Old Colony Railroad Company, etc. • 117
Police, district and municipal courts, to reduce Avitness fees and costs

when certain cases are tried in 205

relating to special justices of 231

Police, district, salary of chief of, established 125

salary of second clerk in office of, established .... 220
Police of cities of seventy-five thousand inhabitants, members may

be retired and pensioned 421

Police of the city of Boston, members may be retired and pensioned, 358

Police court, Marlborough, salaries of justice and clerk of . . 98
Police courts, original writs issued by, not to be returnable more

than sixty days from date 136

Police officers, appointment of certain, commissioners of prisons to

be notified of 241

may be assigned for special service at agricultural and horti-
cultural exhibitions ........ 159

special, non-residents of the state not to be appointed . . 453

Policies, life insurance, proof of claims under, relating to . . 388

Policy, lottery, etc. , penalty for promoting 450

Political committees, relating to 457

Polls and estates of the several cities and towns established • . 100

Polytechnic Institute, Worcester, may hold additional estate . . 90

Portraits of former governors, resolutions concerning . . . 588

Powers, Mary, in favor of 552

President and vice-president of the United States, electors of, method

of voting for 236

Primary school, state, at Monson, allowance to. . . 562,568,575

Printing, state, relating to 575

Prison, state, repairs at 565, 508

Prison for women, reformatory, disposal of sewage from, etc., re-
lating to 186, 565

Prisoners in state prison, may be graded and classified . . . 230
Prisoners transported through Massachusetts by authorities of Ver-
mont, relative to . . . . . . . . .511

Prisons, commissioners of, may furnish descriptions of professional

criminals to any national bureau, etc. .... 265

to be notified of appointment of certain police officers . . 241
may provide for grading and classifying prisoners in the

state prison 230

Probate, office of register of, in county of Hampshire, time for ar-
ranging and indexing records in, extended . . . 119

Index. 805

Prol)ate and insolvency, clerical assistance in the office of register

of, county of Suffolk 204

judges of, relating to the duties of 326

Probate courts given concurrent jurisdiction with the supreme judi-
cial court in equity, in relation to trusts . . . .111)

Probate courts in the county of Sufiblk, time and place of holding, 179
Probation officers, assistant, in the municipal court of the city of

Boston 211, 234

Procedure upon writ of error in criminal cases, relating to . . 230
Proprietors, of the Crombie Street Church in Salem, relating to

voting at meetings of 206

of Oak Grove Cemetery Association, may convey its property

to the town of Plymouth 256

Protestant German Evangelical Parish in Pittsfleld, name changed to

the Zion's Evangelical Lutheran Church .... 257
Provincetown, town of, lands of the Commonwealth in, plans to be

made for improvement of 508

may appropriate money to water streets 44

Cape Cod Pilgrim Memorial Association of, incorporated . 32

Provisions, inspector of, in the city of Lynn, to be appointed . . 384

Public cemeteries in towns, care and control of lots and tombs in . 151

Public health, preservation of, in the town of Nantucket . . . 20i)

Public libraries, free, iu certain towns, books for .... 223
transportation of state publications to, to be paid by the

Commonwealth 5U

Public records, commissioner of , to be appointed .... 316

extra copies of report of, to be printed 575

Public works, relating to payment for labor performed on . . 231

Publicity of election expenses, providing for 457

Punishment of perjury, provided and defined 122

Quincy, city of, and towns of Weymouth and Hingham, may grant
locations to street railways over "Weymouth Fore and
Back rivers 221

Quincy and Boston Street Railway Company, may locate its tracks

in towns of Weymouth and Milton 258

Quincy Electric Freight Hallway Company, may change portion of

location 91

Quincy Water Company, property and rights of, may be purchased

by the city of Quincy 390

Railroad commissioners, board of, powers of, in relation to grade

crossings of railroads 203, 265

806

Index.

Page

Railroad commissiouers, board of — Concluded.

to investigate and report on appliances for deadening the noise

of electric cars

duties of, in cases where access to lands is cut off by railroads,

issue of bonds by street railway companies, to be approved by,

Marlborough Street Eailway Company, not to cross tracks of

steam railroad at grade, without consent of . . .

Eailroad companies, to maintain crossings to give access to lands

cut off by their railroads .......

not to issue free passes to certain public officials

to issue mileage tickets to be received for fare on all railroads,

steam, may use electricity as a motive power ....

Eailroad Corpokations :

Boston and Albany, grade crossing of, in Brookline, may be

abolished

grade crossing of, in Pittsfield, may be abolished
grade crossings of, in Newton, may be abolished

provisions affecting

Boston and Lowell, provisions affecting ....
Boston and Maine, grade crossing on, at Chelsea bridge, to

be abolished

shares of, subjtct to lien of mortgage of the Eastern Rail

road Company

Boston and Providence, abolition of grade crossings of.
Boston and Chelsea, provisions affecting ....

Central Massachusetts, may issue bonds ....

Deerfleld Valley, provisions affecting ....

Hoosac Tunnel and Wilmington, may issue bonds and mort
gage road, etc. ........

organization and proceedings confirmed

Housatonic, provisions affecting

Konkapot Valley, incorporated

Lynn and Boston, provisions affecting ....
Old Colony, may take a lease of the Plymouth and Middle-
borough Eailroad

provisions affecting . . . . . . .173

Plymouth and Middleborough, may lease its road to the Old

Colony Eailroad Company

Plymouth County, incorporated

Worcester and Shrewsbury, may extend tracks across Lake

Quinsigamond

Railroads, to prevent rights of way across, by prescription

grade crossings of, cities and towns may incur debt to pay

damages caused by alterations of

crossings of, by anotlier railroad, conditions and restrictions

imposed

grade crossings of, relating to the abolition of . . .

571
155
170

173

155

438

116

150
171
70
172
424

393

439
536
393
424
33

33
180
249
249
393

117
536

117
139

379
233

159

203
265

Index. 807

Page

Railway companies, street, may refund funded and floating debt in

certain cases . . . . . . . . . 1G;>

may refund tlieir lloating debt in certain cases . . . . 169

to contribute to expense of printing tlieir reports . . . 223
Railway Company, Quiucy Electric Freight, may change a portion of

its location 91

Railway Company, Street, Black Rocks and Salisbury Beach, pro-
visions affecting 192

East Side, may lease railway, etc., to the Brockton Street

Railway Company 39

Electric, Boston and Revere, may construct tracks upon loca-
tions granted by the selectmen of Wiuthrop . . . 147
Essex Electric, may lease property, etc., to the Naumkeag

Street Railway Company 230

Fitchburg, may purchase the Leominster Street Railway, . 94

Haverhill and Amesbury, incorporated 191

Lowell and Suburban, provisions affecting .... 194

Lowell, Lawrence and Haverhill, incorporated . . . 194
Marlborough, may extend its road and increase its capital

stock 172

People's, incorporated 197

Plymouth and Kingston, may extend tracks and increase capi-
tal stock 29

Quincy and Boston, may locate its tracks in Weymouth and

Milton 258

Weymouth and Hingham, provisions affecting .... 258
Whitman, may lease property, etc., to the Brockton Street

Railway Company 39

Randolph, town of, may make an additional water loan . . .116

Rapid transit commission, abolished ....... 512

Raymond, Ella, granted an annuity 564

Reading, town of, may make an additional water loan . . . 148
Real actions, jurisdiction of the supreme judicial and superior courts

in, relative to 153

Real estate, liling of claims against, for record 241

relative to the taking of , for taxes . . . . . .115

record of instrument affecting title to, conclusive evidence of

delivery 223

Real Estate Association, Fall River, incorporated .... 314

Real Estate Company, Massachusetts, of Lowell, incorporated . 336

Record and return of marriages, relating to 250

Recoi'd of instrument affecting title to land, to be conclusive evidence

of delivery 223

Records, duplicate, in registries of deeds, provided for . . . 222
deeds, etc., in office of registers of deeds, relative to place of

keeping, etc. 121

of collectors of taxes, relating to the custody of . . . 385

808

Index.

Page

256

316

. 201
. 515
. 376
. 571
252, 253

204

Records — Concluded.

of births, marriages and deaths, concerniug ....

public, commissioner of, to be appointed

Recount of ballots cast in towns on the question of granting licenses
for tlie sale of intoxicating liquor .....
Redemption of the security given for small loans, relating to .

Red Men's Building Association, incorporated

Reformatory, Massachusetts, allowances for

sentences to, etc. .......

Reformatory prison for women, disposal of sewage from, relating

to 186, 565

office of

Hampshire, further time allowed for indexing records, etc

office of

Registers of deeds, relating to

may cause duplicate copies of records to be made, etc. .
Registers of probate and insolvency, in case of vacancy in the office

of judge, to designate judge of another county to act
Registrar, city, of the city of Boston, appointment, powers and duties

Registrars of voters, to cause proposed amendments to the constitu

tion to be posted, etc.

Registration in pharmacy, state board of, allowance to, for the better
enforcement of law regulating practice of pharmacy

Registration of voters, relating to

Registries of deeds, re-recording of certain records in, provided for.
Religious and educational associations, may define, etc., grounds

under their control and enforce regulations, etc.
Report, of commissioner of public records, additional copies to be

printed

of commissioners of savings banks, additional copies to be

printed

on the gypsy moth, to be printed ....
Reporter of decisions of the supreme judicial court, salary established
Reports of street railway companies, company to bear portion of ex

pense of printing

Resolutions :

against the monopoly of mining and transporting anthracite

coal

concerning portraits of former governors of the Common-
wealth 588

on the death of Stillman W. Edgell 589

relative to the decease of Charles F. Loring .... 585
relative to the establishment of a life saving station at City

Point 588

relative to the fisheries of Massachusetts 586

119
121
222

326

266

123

575
344
222

132

575

582
557
422

223

589

Index.

809

Resolutions — Concluded.

relative to the manufacture of clothing in unhealtliy places, etc
relative to the restoration of John M. Goodhue, etc.

relative to the revenue marine

relating to car couplers and brakes . . . .
relating to the immigration of paupers, criminals and depend

ent persons

upon the death of Horace E. Miller

Eeturn and record of marriage, relating to ....

Return day, of writs issued by trial justices, etc.

Returns of election officers in towns divided into voting precincts

examination and correction of

Revenue marine, resolutions relative to

Revere, town of, may establish a grade for cellars
Revocation of will on marriage of testator, relative to
Richmond, town of, aid from state treasury for its schools
Rights of way across railroads, to prevent acquisition of, by pre

scription

Road making, relative to an exhibit of, at the world's Columbian

exposition

Robison, William H., in favor of

Rochester, town of, relative to flshiug in Barlow's pond and Matta

poisett river

Rocks bridge, over the Merrlmac river, additional piers to be con

structed

Ross, George H , eligible to receive state aid ....

Roxbury Trust Company, incorporated

Rubber Shoe Company, Boston, may increase capital stock

rage

587
588
580

585

5«0
590
250
136

108
586
123
120
252

233

580
573

166

120

558

440

Safe Deposit and Trust Company, Essex county, incorporated . 441

Plymouth county, incorporated 442

Sailors, dying in state institutions, expense of burial to be paid by

the Commonwealth .... .... 164

who served in the Avar of the rebellion, eligible to receive

state and military aid 573

Salakies :

county commissioners, Essex county ..... 359

count}' commissioners, Norfolk county ..... 442

county commissioners, Plymouth county 250

first and second assistant clerks of the courts, county of

Middlesex 166

justices of the superior court 313

justices of the supreme judicial court 113

justice and clerk, police court of Marlborough ... 98

assistant state librarian 240

810 Index.

Page

Salaries — Concluded.

associate medical examiner, county of Suffolk . . . 240

chief of the district police 125

clerk of the courts, county of Barnstable .... 99

commissioner of state aid 242

district attorney, southern district 272

first assistant district attorney, Suffolk district . . . 205

first clerk of the secretary of the state board of agriculture . 133

first clerk of commissioners of savings banks .... 220

governor Ill

justice, East Boston district court Ill

reporter of decisions, supreme judicial court; clerk hire and

expenses 422

second clerk in office of chief of district police . . . 220
third assistant clerk, municipal court, city of Boston, civil

business 56

treasurer, county of Norfolk 246

Sale of clothing made in unhealthy places, law relating to, amended, 247

resolution concerning 587

Sale of intoxicating liquors, relative to granting licenses for, in

towns which are summer resorts . . . . . 237
ballots cast in towns on the question of granting licenses

for, may be recounted 201

portion of license fee for, may be refunded by the town of

Easthampton 114

Salem, city of, may Issue bonds for paying or refunding indebted-
ness 8

Crombie Street Church in, proprietors of pews, etc. , may vote, 206

Sales of furniture and other household effects, conditional . . 451
Sandwich, Bourne and Mashpee, towns of, authorized to unite in

the employment of a superintendent of schools . . 386

Savings Bank, Millis, incorporated 45

Wildey, incorporated 72

Williamstown, incorporated 133

Savings banks, commissioners of, additional copies of report to be

printed 582

salary of first clerk, established 220

to examine and report on laws relating to banks and banking . 569
Savings Institutiou, Washington, incorporated ..... 130
Scallops, in the waters of the town of Marion, taking regulated . 166
School, for Christian Workers, may admit women as students . . 131
for girls, state industrial, allowance for repairs and improve-
ments at 667

state normal, Bridgewater, allowance for printing catalogue,

etc 565

Framingham, allowance for improvements at . . . 563

Framiugham, land at, may be sold 554

Index. 811

Page
School — Concluded.

state normal, Westfleld, allowauce for improvements at . . 573

Worcester, allowance for furnishing dormitory at . . 557

state primary, at IMonson, allowances for . . 562, 568, 575

School laws, new edition to be printed 666

Schools, union or connty truant, removal of truants to . . . 64
superintendent of, city of Marlborough, relative to duties of . 240
Scott, Andrew C, may be granted a pension by the city of Boston . 565
Seals, bounty for destruction of, law relating to, amended . . 206
Seamen's Friend Society, Boston, may hold additional real and per-
sonal estate 234

Secretary of the Commonwealth, to cause proposed amendments to
the constitution to be published and sent to registrars of

voters of cities and towns, etc 123

certificate of A^ote of directors of street railwaj^ companies

authorizing issue of bonds, to be filed in oflice of . . 170

duties of, in the establishment of city governments . . 397

to be a member of the ballot law commission .... 448
statement of expenses of political committees during election,

to be filed with, etc 461

to provide cities and towns with blank form of returns to be

made by political committees, etc 462

expense of transportation of state publications supplied to

free public libraries, to be paid by 511

to furnish to each state and territory a copy of the early acts

and resolves 555

to give bond and make annual report 228

Secretary of state board of agriculture, salary of first clerk of . . 133

Security given for small loans, relating to redemption of . . . 515

Selectmen of towns, may make and renew marks on shade trees . 136

to furnish to highway commission information concerning

highways . 327

Sentences to the Massachusetts refoi'matory, relating to . . 252, 253
Service of process in collection of taxes, relating to . . , .152
Sewage disposal, from reformatory prison for women, relating to, 186
Brockton, may boiTow money to construct and maintain sys-
tem of 219

may take land in East Bridgewater for maintaining its

system of 342

Fall River, may borrow money to pay the expense of con-
struction of system of 383

Northampton, may borrow money for the purpose of main-
taining a system of Ill

Waltham, may borrow money for the purpose of construct-
ing system of 55

Sewer commissioners, town of Nantucket to elect a board of . . 209

Sewerage, Charles river valley system of, maintenance of . . 238

812 Index.

Sewerage commissioners, metropolitan, advances from the treasury

to 68

may sell certain property taken for sewerage purposes . . 221

Sewers, construction of, in city of Boston, regulated . . . 444

construction of, powers of cities and towns in relation to . 212

Shade trees, relating to marking, for preservation . . . .136

Shareholders, in trust companies, liability of 312

Shawmut Congregational Society of Boston, may sell its property . 93

Siieffield, town of, aid from the state for schools in . . . . 252

Shellfish, relating to taking of, in the town of Marion . . . 167
Shores and beaches, provisions for protection of . . 181, 187, 377

Sidewalks, construction of, in city of Boston, regulated . . . 443
Sitting, superior court, civil business, county of Middlesex, time of,

changed 489

Society, Boston Seamen's Friend, may hold additional estate . . 234
East Gloucester Baptist, name changed to The Parish of the

Chapel Street Baptist Church of Gloucester ... 35
Massachusetts Baptist Charitable, may receive property now

held by the Lamson Home 200

Massachusetts Medical Benevolent, may hold additional estate, 72

Newburyport Howard Benevolent, may hold additional estate, 90
Park Street Congregational, in Boston, may acquire tombs,

etc., under meetinghouse, etc 540

Shawmut Congregational, of Boston, may sell its property . 93

West Congregational, of Warren, proceedings ratified . . 149
Soldiers and sailors, dying in state institutions, etc., expenses of

burial to be reimbursed by the Commonwealth . . .164

Soldiers' Home in Massachusetts, allowance to 518

Soldiers of the war of the rebellion, allowance for indexing names

of 567

Somerset, Nathan Slade Cemetery Association in, incorporated . 153
Somerville, city of, may borrow money beyond debt limit for paving

certain avenues 141

may raise money for celebration of fiftieth annivei'sary . . Ill

payment of funded debt 70

South Adams Fire District in Adams, may refund indebtedness ;

name changed 199

South Berkshire Mountain Club, incorporated 337

South Boston, bridge across reseiwed channel in, time for comple-
tion extended 22

South Hadley, town of. Fire District Number One in, powers en-
larged 47

additional water loan for 199

Special commissioners, relating to filling vacancy in office of . . 118

Special justices, of inferior courts, relating to 231

Special messages to the legislature 616

Special p jlice officers, non-residents of the state not to be appointed, 453

Index.

813

control of

Specimen ballots, for state and city elections, to be sent in separate
packages

Spot pond, preservation of purity of waters of .

Squam pond, in city of Gloucester, waters placed under
the United States fish commission

Stafl" of the commander in chief, appointments on .

Standard of illumuiating power of gas, prescribed

Staples, Hamilton B., allowance to widow of

State aid, commissioner of, salary established .

State almshouse, improvements at ... .

State board of health, relative to a laboratorj' for

State board of registration in pharmacy, allowance to, for the better
enforcement of law

State boards and commissions, certain, authorized to consult and
advise with the attorney-general upon matters of law re- •
lating to their respective offices ......

State dairy bureau, compensation of members of ... .

State farm, at Bridgewater, repairs and improvements at .

State house extension, open space provided for on east side of, 446,

State industrial school for girls, allowance for repairs and improve-
ments at

State library, index of current events, to be prepared for .

State normal school, Framingham, providing for imiDrovements at,

etc 563,

Westfleld, allowance for improvements at ... .
Worcester, providing for finishing and furnishing new dor-
mitory at

Page

267
235

45
207

67
555
242
555
580

575

State primary school, Monson, allowances for . . . 562, 568,
State printing, in relation to . . .
State prison, allowance for repairs at

grading and classifying of prisoners in

repair of workshop damaged by fire at

State tax of $1,750,000, apportioned and assessed ....

Statistics of labor, chief of bureau of, to make an enumeration of

summer residents in certain towns

to collect statistics relating to rented tenements in Boston

Statutes, changes in

Steam railroads, may use electricity as a motive power
Stenographer, executive, may be appointed by the governor and

council

Stenographers, official, of the superior court, payment of
Stoneham, town of, may aid in the construction of a street

railway

vote of, ratified

duties of selectmen of, relative to preserving the purity of the
waters of Spot pond

148
131
551
541

567
132

565
573

557
575
575
568
230
565
517

237
550
677
116

26
128

514
156

235

814 IXDEX.

Page

Stoughton, towu of, proceedings at town meeting confirmed . . 211

water supply for 338

Evergreen Cemetery Association of, incorporated . . . 142

Street railway, town of Stoneham to aid in the construction of . 514
Street railway companies, may refund their funded debt in certain

cases . . . . . . . . . . . 1G9

to contribute to expense of printing their reports . . . 223
relative to appliances for deadening the noise of cars of, when

operated by electricity 571

Street Railway Corporations :

Black Rocks and Salisbury Beach, provisions affecting . 192, 193
Boston and Revere Electric, maj"^ construct tracks upon loca-
tions granted by the selectmen of Winthrop . . . 147
Brockton, may lease franchises and property of the East Side

Street Railway Company 39

may lease franchises and property of the Whitman Street

Railway Company 39

East Side, may lease railroad, etc , to the Brockton Street

Railway Company 39

Essex Electric, may lease property, etc., to the Naumkeag

Street Railway Company 230

Fitchburg, may purchase the Leominster Sti'eet Railway . 94

Haverhill and Amesbury, incorporated 191

Haverhill and Groveland, provisions affecting . . . .198
Lowell and Suburban, provisions affecting .... 194
Lowell, Lawrence and Haverhill, incorporated . . . 194
Marlborough, may extend road and increase capital stock . 172
Naumkeag, may take lease of the Essex Electric Street Rail-
way Company 230

Newburyport and Amesbury, may issue bonds, etc. . . 27

provisions affecting ........ 198

Newton and Boston, may increase capital stock, extend loca-
tion, etc 134

People's, incorporated 197

Plymouth and Kingston, may extend tracks and increase cap-
ital stock 29

Quincy and Boston, may locate its tracks in towns of Wey-
mouth and Milton 258

Weymouth and Hingham, provisions affecting .... 258
Whitman, may lease railway, etc., to the Brockton Street Rail-
way Company 39

Street railways, relating to crossings of 203

Streets, in the city of Boston, location, laying out and construction of, 464
Streets and ways, assessment of damages for the laying out or alter-
ation of 455

Sudbury river, channels may be deepened, etc., for preservation of

the purity of the water 537

Index. 815

Page

Suffolk county, probate courts in, time and place of holding . . 179
register of probate and insolvency for, clerical assistance in

office of 204

city of Boston may borro\Y money for payment of expense of

furnishing new courthouse in ..... . 240

salary of the associate medical examiner of, established . . 240
superior court of, for civil business, fifth assistant clerk of,

provided for 96

Suffolk district, first assistant district attorney for, salary established, 205

Superintendent of schools, city of Marlborough, relative to duties of, 240

Superior court, associate justices of, number increased . . . 232

civil session, county of Suftblk, fifth assistant clerk, to be

appointed 96

civil business, Middlesex county, to be held at Lowell on the

second Monday of September 439

counties of Suffolk and Middlesex, equity docket of . . 547

jurisdiction of, in real actions 153

duties of, in relation to grade crossings . 150, 171, 265, 392, 440

payment of official stenographers of 128

presiding judges of, not required to write their decisions, etc.,

during progress of a trial 113

salaries of justices, established 313

Supreme judicial court, jurisdiction of, in real actions . . . 153
probate courts given concurrent jurisdiction in equity with, in

relation to trusts 119

salaries of justices, established 113

salary of reporter of decisions of, established .... 422

transfer of cases in, authorized 124

Supreme judicial and superior courts, to reduce witness fees and

costs when certain cases are tried in 205

number of officers in attendance upon, etc 114

Tables showing changes in legislation 677

Taunton, city of, additional water loan 99

Taunton lunatic hospital, repairs and improvements at . . . 557

Tax on collateral legacies and successions, act relating to, amended, 422

Tax, state, of $1,750,000, apportioned and assessed .... 517

Taxes, collection of, service of process in 152

collector of, disposition of books and records of . . . 385

county, granted 560, 562

relative to taking land for 115

state and county, basis for apportionment of . . . . 100
upon certain accident, fidelity and guaranty insurance compa-
nies, relating to 125

Tead, Edward L., justice of the peace, acts confirmed . . . 552

816 Index.

Page

Templeton, town of, part of town of Phillipston annexed to . . 126

Tewksbury, state almshouse at, providing for improvements in . 555
Thomas Talbot Memorial Hall, in Billerica, to be exempt from

taxation .......... 156

Tickets, mileage, to be issued by railroads, to be received for fare

on all railroads 438

Tisbury, town of, divided, and West Tisbury incorporated . . 188

may hold a second annual meeting 273

liability of, in the maintenance of Lagoon bridge ... 92
Title to real estate, judgment or decree aflecting, to be without

effect in certain cases unless recorded .... 241
Titles to land, record of any instrument affecting, to be evidence of

delivery of such instrument 223

Topographical survey and map of Massachusetts, relating to • . 551

Town meetings, relating to the use of check-lists in . . . . 52
Towns :

Abington, may issue bonds, etc 149

Adams, name of South Adams Fire District in, changed . 199

Andover, additional water loan for 163

Arlington, may incur indebtedness for erection of a high

school building 122

additional water loan for 452

Belchertown, proceedings at town meeting confirmed . • 239
Belmont, Cambridge may take land in, for improving its water

service 508

Billerica, Thomas Talbot Memorial Hall in, exempt from tax-
ation ........... 156

Braintree, water supply for 454

Bridgewater, may lay out a highway over land of the normal

school 423

Brookline, may issue bonds 515

grade crossing at St. Mary's street in, may be discontinued, 150

laying out of ways in, relating to 69

Chatham, may refund a portion of its debt .... 181

Clinton, may increase water supply 244

Concord, board of trustees of town donations of, provided

for 160

Conway, proceedings of town meeting confirmed . . . 540
Dennis, may unite with town of Yarmouth for the employ-
ment of a superintendent of scliools 378

Dracut, Lowell, Lawrence and Haverhill Street Railway Com-
pany, may lay tracks through 194

Duxbury, Pilgrim Congregational church of, may convey its

property Ho

East Bridgewater, may be furnished with electric light by the

town of Whitman 435

Easthampton, may refund money paid for a liquor license . 114

Index.

817

Towns — Continued.

Egremont, aid from state for scliools in

Essex, boiiiulary line between city of Gloucester and town of

Ipswich and, established

Everett, may Issue bonds, etc

Fahnonth, causeways, etc., in, may be built by Horace S

Crowell

Fox l)o rough, water supply for ......

Framingham, allowance to, for right to discharge sewage

from reformatory prison for women into main sewer of
Gardner, proceedings at annual meeting confirmed .
Goshen, proceedings at town meeting confirmed
Groveland, relative to support of Groveland bridge by
Holbrook, additional water loan ....
Hopkinton, additional water loan ....
Hudson, may refund a portion of its debt
Marlborough Street Railway Company may extend its

into

Ipswich, boundary line between Essex and, established
the feoffees of the grammar school in, may sell certain real

estate

Kingston, Plymouth and Kingston Street Railway Company

may lay its tracks through streets and highways of,

etc

Lexington, burial lot of Governor Eustis in, to be improved

and cared for

road

Page

252

157
IG7

231
205

186
178
239
177
116
182
121

172

157

574

water supply for ......... 340

Manchester, allowance to 562

Marblehead, for protection of beaches and shores of . . 187

additional water loan 46

Marion, relative to fishing in Barlow's pond and Mattapoisett

river 166

scallop fishery in waters of, regulated 166

Mashpee, fisheries in, regulated 167

Mattapoisett, eel and white perch fisheries in, regulated . . 165

Medfield, water supply for 276

Medford, water supply for, etc. 235

Med way, water supply for 321

Melrose, may refund a portion of its town hall bonds . . 197

may refund a portion of its water fund bonds . . . 201

water supply for, etc 235

Merrimac, portion of expense of repairs on Rocks bridge, to

be paid by 121

Methuen, water supply for 259, 394

Lowell, Lawrence and Haverhill Street Railway Company,

may lay tracks through 194

Millis, water supply for 215

818

Index.

Page
Towxs — Continued.

Milton, Quincy and Boston Street Railway Company may

locate tracks in 258

Mount Washington, South Berkshire Mountain Club in,

incorporated 337

Nantucket, in favor of 563

preservation of public health in 209

may elect a board of sevper commissioners .... 209

Natick, in favor of 582

Needham, additional water loan 224

Newbury, may construct a wharf on the River Parker . . 232

proceedings of town meeting confirmed .... 267
Newburyport and Amesbury Horse Railroad Company to

extend tracks into 27

New Marlborough, aid from state for schools in . . . 252
North Attleborough, may purchase property, etc., of Fire Dis-
trict Number One 381

North Brookfield, proceedings at annual meeting confirmed . 188
Nortlibridge, Division No. 19 Ancient Order of Hibernians of,

may hold real and personal estate, etc 147

Orange, may supply itself with water .... 61, 206

Oxford, in favor of 549

Peabody, vote of, legalized 186

Phillipston, part of, annexed to the town of Terapleton . . 126
Plymouth, Plymouth and Kingston Street Railway Company

may lay its tracks through streets and highways of, etc., 30

may discontinue a public landing place 97

Oak Grove Cemetery may be conveyed to . . . . 256
Provincetown, lands of the Commonwealth in, improvement

of 508

may appropriate money to water streets .... 44

Randolph, additional wjiter loan 116

Reading, additional water loan 148

Revere, may establish a grade for cellars 123

Richmond, aid from state for schools in 252

Rochester, relative to fishing in Barlow's pond and Mattapoi-

sett river 166

Sheffield, aid from state for schools in 252

Somerset, Nathan Slade Cemetei-y Association in, incorporated, 153
Soutli Hadley, Fire District Number One in, powers enlarged,

etc 47, 199

Stonehara, may aid in construction of a street railway . . 514

vote ratified 156

duties of selectmen of, relative to preserving the purity of

the waters of Spot pond 235

Stoughton, Evergreen Cemetery Association in, incorporated, 142
proceedings at town meeting confirmed . . . .211

Index. 819

Page
Towns — Concluded.

Stoughton, water supply for 338

Templeton, part of town of Phillipston annexed to . . . 126

Tisbury, divided, and West Tisbury incorporated . . . 188

may liold a second annual meeting 273

Tyngsborough, proceedings of town meetings confirmed . 257
Wareham, Tremont Advent-Christian Camp Meeting Associa-
tion in, incorpoi'ated 97

Avater supply for 317

Watertown, Cambridge may take land in, for improving water

service 508

Wenham, may refimd its debt and issue bonds, etc., therefor, 268
West Bridgewater, laud in, may be taken by city of Brockton,

etc 342

West Newbury, may take shares in stock ox the People's Street

Railway Company 199

West Stockbridge, aid from state for schools in . . . 252

West Tisbury, incorporated 188

Westborough, Marlborough Street Railway Company may

extend its road into 172

Weymouth, may grant locations to street railway companies

over Weymouth Fore river, etc. 221

Quincy and Boston Street Railway Company may locate

ti'acks in 258

Whitman, may purchase land, etc., in East Bridgewater, and

furnish electric light 435

. 239

. 325

. 118

Williamsburg, proceedings at town meeting confirmed

Williamstowu, water supply for ....

Winthrop, pilotage for landing places in, regulated

Yarmouth, taking of oysters in, regulated

may unite with town of Dennis for the employment of a

superintendent of schools 378

Towns, buildings or public works owned by, relating to payment for

labor performed ou . 231

divided into voting precincts, examination and correction of

returns of election oflicers in 168

inspectors of provisions and animals, etc., to be appointed

in 175, 536

public cemeteries in, care and control of . . . . . 151

recount of ballots in, upon the question of granting licenses

for tlie sale of intoxicating liquors 201

to be reimbursed by the Commonwealth for expenses incurred
in the burial of soldiers and sailors dying in state institu-
tions 164

licenses forsale of intoxicating liquor in certain, relating to . 237

having a valuation of less than five hundred thousand dollars,
to be reimbursed by the state for expense of support of
insane in state lunatic hospitals 211

820

Index.

Towns — Concluded.

containing not less tlian twelve thousand inhabitants, may

vote to adopt a city government

of Sandwich, Bourne and Mashpee, authorized to unite in the
employment of a superintendent of schools
Towns and cities, certain, to make returns to board of gas and

electric light commissioners

clerks of, to notify the commissioners of prisons of the ap-
pointment of certain police officers

may appropriate money for anniversary celebrations

may incur indebtedness for paying damages occasioned by

taking land for alteration of grade crossings .
may make rules for regulation of itinerant musicians, etc.
powers of, in relation to construction of sewers

Transit, rapid, commission dissolved

Transportation of publications sent to free public libraries, to be

paid by the secretary of the Commonwealth
Treasurer, county of Bristol, clerical assistance for ....

county of Norfolk, salary established

Treasurer and receiver general, may borrow money in anticipation

of revenue

Treasui'ers, county, to make annual returns to controller of county

accounts

Trees, shade and ornamental, relating to marking for preservation,
Tremont Advent-Christian Camp Meeting Association, incorporated,
Trenton, N. J., battle monument at, relating to
Trial justices, given jurisdiction in cases of drunkenness

entitled to compensation upon discliarge without complaint

of persons arrested for drunkenness
original writs issued by, not returnable more than sixty days
from date .... ....

Dukes county, number increased ....

Trout, less than six inches in length, sale of, prohibited .
Truant schools, Middlesex county commissioners may erect
Truants, removal of, to union or county truant schools
Trust companies, liability of shareholders in
Trust Company, Beacon, incorporated

Columbia, incorporated

Esses County Safe Deposit and, incorporated .
Plymouth County Safe Deposit and, incorporated

Roxbury, incorporated

West Lynn, incorporated

Trustees, Bromfield Street Methodist Episcopal Church

may sell real estate

town donations of the town of Concord, board of, provided

for

hospital cottages for children, number increased

Boston

Page

395

336

225

241
152

159
438
212

512

511
134
246

548

534
136
97
569
149

179

136
450
222
232
64
312
441
443
441
442
440
441

112

160
449

Index. 821

Page
Trustees — Concluded.

Medfiekl insane asylum, board of, to be appointed . . . 512
Worcester District Methodist Episcopal Church Camp Meet-
ing Association, number increased 94

Public Reservations, authorized to report a plan for improv-
ing province lands ........ 508

Trusts, probate courts and supreme judicial court, to have concur-
rent jurisdiction in equity 119

Tuberculosis, to prevent the spread of 175,535

Tufts, Gardiner, in favor of widow of 549

relative to bust of 582

Tyngsborough, town of, proceedings of town meetings confirmed . 257

Undertakers, not to use embalming fluid in case of death by violence,

without permit from medical examiner .... 141

United States fish commission, waters of Squam pond in the city of

Gloucester, placed under control of 45

Vacancies, in office of county commissioner, relating to the filling of, 118
Vermont, state of, ti'ansportation of prisoners from, through Massa-
chusetts, relating to 511

Viles, Alden E., justice of the peace, acts confirmed .... 560
Volunteer militia, appointments on stafl' of the commander in chief

of 207

naval brigade to be attached to . . . . . .381

Voters, registration of, relating to 344

Votes, method of canvassing 534

in precincts having more than six hundred voters, may be

counted while election is in progress 448

Voting for electors of president and vice-president provided for . 236

Wages, of employees engaged at weaving, reduction of, prohibited, 451

Waltham, city of, additional loans for sewers and drains . . . 55

Cambridge may take land in, for improving its water service, 508

water supply for 317

Waltham hospital, may hold additional estate 97

Warehara, town of, Tremont Advent-Christian Camp Meeting Asso-
ciation, incorporated 97

Warrants for meetings of voters at elections, to contain a copy of

proposed constitutional amendment 122

Warren, West Congregational Society of, proceedings ratified . . 149

822 IlSTDEX.

Page

Washingtou Mills Companjs ma.y increase capital stock, etc. . . 250

Washington Savings Institution, incorporated ..... 130

Water commissioners, city of Quincy, board of, to be appointed . 390

Water Company, Bridgewaters, may issue bonds .... 224

Medfleld, incoi'porated 276

Medway, incorporated . . . . . . . .321

Methuen, incorporated 259

Millis, incorporated 215

Naukeag, may increase water supply 311

Onset, incorporated 317

Quincy, property and rights of, may be bought by city of

Quincy . . . . . . . . ... 391

Williarastown, may increase water supply .... 325

Williamansett, incorporated 273

Water Loan :

Abington 149

Adams Fire District 200

Andover 163

Arlington 453

Attleborough Fire District Number One 55

Braintree 454

Bridgewaters Water Company 224

Brockton 66

Cambridge 130

Chicopee 275, 427

Clinton 245

Everett 167

Fitchburg 60

Holbrook 116

Hopkinton 182

Lynn 379

Marblehead .46

Marlborough 434

Melrose 201

Methuen 262

Millis 218

Needham 224

North Attleborough Fire District 150

Orange . , 62

Pittsfleld 165

Quincy 391

Randolph 116

Reading 148

South Iladley 48

South Iladley Fire District Number One 199

Stoughton 338

Taunton 99

Index. 823

Water Loan — Conchulcd.

Wareham 320

Worcester ........... 93

Water rates, providing for collection of, in the city of Lynn . . 228

Water supplies, city of Boston, income of 180

Watkr Supply :

Arlington 452

Ashburnham 311

Attleborough Fire District Numl)er One 54

Boston 537

Braintree ........... 454

Cambridge 508

Chicopee 273, 425

Clinton 244

Fitchbiirg 57

Foxborougli 205

Haverhill 463

Lexington 340

Maiden 235

Marlborough 432

Medfleld 276

Medford 235

Medway 317

Melrose 235

Methuen 259, 394

Millis 215

North Attleborough 381

Onset Bay, etc. 317

Orange 61, 206

Pittsfield 164

South lladley 47

Willi am stown 325

Watertovvn, town of, Cambridge may take land in, for improving its

water service 508

Weaving, deduction of wages of persons engaged at, pi'ohibited . 451

Welch, Harry W., in favor of 572

Wellesley Congregational Church, may remove bodies from its old

cemetery and devote the land to the use of the church . 202
Weuham, town of, may refund debt and issue bonds, etc., therefor . 208
West Bridgewater, town of, land in, may be taken by city of Brock-
ton for sewerage purposes ....... 342

West Congregational Society of Warren, proceedings ratified . . 149

West Lynn Trust Company, incorporated 441

West Newbury, town of, portion of expense of repairs on Uocks

bridge to be paid by 120

may take shares in stock of the People's Street Railway Com-
pany 199

824 Index.

Page

West Stockbridge, town of, aid from treasury for schools . . 252

West Tisbury, town of, incorporated 188

Westborougli, town of, Marlborough Street Railway Company may

extend its road into 172

Westborougli Insane Hospital, allowance for improvements, repairs

and expenses at 576

Westfield, state normal school at, in favor of . . . . . 573
Weymouth, town of, Quincy and Boston Street Railway Company,

may locate its tracks in 258

Weymouth Fore and Back River, locations for street railways

over 221, 258

Weymouth and Hingham Street Railway Company, provisions

affecting 258

Wharf, town of Newbury may construct, on the River Parker . . 232
Whitman, town of, may establish electric light plant in East Bridge-
water 435

Whitman Street Railway Companj^ may lease railway, etc., to the

Brockton Street Railway Company 39

Wild fowl, pursuit of, regulated 112

Wildey Savings Bank, incoi'porated 72

Will, revocation of, on the marriage of the testator . . . .120

Williamsburg, town of, proceedings at town meeting conflrraed . 239

Williamstown, town of, water supply for, may be increased . . 325

Williamstown Savings Bank, incorporated 133

Willimansett Water Company, incorporated 273

Winthrop, town of, pilotage for lauding places in, regulated . . 118

Wire nails, packing and branding of 65

Wires, electric light, erection, etc , of, regulated .... 233

Witness, material, detention of, in case of felony .... 378
Witness fees, etc., reduced where two or more cases are tried

together 205

Woburn, city of, public cemeteri^ iu, relating to . . . . 13G
Woman, chief justice of municipal court of Boston may appoint a,

to be assistant probation officer 234

Women, may be admitted as students in the School for Christian

Workers 131

and Children, New England Hospital for, may hold additional

estate 123

and minors, employment of, in manufacturing establishments,

form of complaint for violation of laws regulating . . 184
and minors employed in manufacturing, hours of labor regu-
lated 94, 376

186, 5G5

. 557

reformatory prison for, disposal of sewage from ,
Worcester, city of, additional water loan for

state normal school at, for furnishing dormitory at
Old Men's Home in, name changed ....
Odd Fellows' Home in, real and personal property of, to be

exempt from taxation . . . . . . .179

I:nt)ex. 825

Page

Worcester countj\ tax grant amended 5(52

Worcester District Methodist Episcopal Clinrcli Camp Meeting Asso-
ciation, number of trustees of, increased .... 94

Worcester Polytechnic Institute, may hold additional real and per-
sonal estate .......... !)0

Worcester and Shrewsbury Railroad Company, may extend its tracks

across Lake Quinslgamond .'570

World's Columl)lan exposition, at Chicago, participation of the Com-
monwealth in 566, 571, 580

Worthington, Betsey, annuity granted to 561

Writ of error, etc , In criminal cases, procedure upon . . . 230
Writs, issued by trial justices, etc., not returnable more than sixty

days from date 136

Yarmouth, town of, taking of oysters in, regulated .... 72
Yarmouth and Dennis, towns of, may unite for the employment of a

superintendent of schools 878

Zion's Evangelical Lutheran Church, name established . . . 257

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

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

See other formats