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






^5 2' 






If. 






ACTS 



RESOLVES 



PASSED ISY THE 



€tmxnl ^mvi of piassarhtisette, 



IN THE TEAK 

18 9 3, 

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. 

1893. 



A CONSTITUTION 



FORM OF GOVERNMENT 



CommontD^altb of Stassarbusetts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body ^o^'"'"™''"'- 
politic, to protect it, and to furnish the individuals who 
compose it with the power of enjoying in safety and tran- 
quillit}' 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 pontic, 
of individuals : it is a social compact, by which the whole it°8^aul^!''' 
people covenants with each citizen, and each citizen wnth 
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 Coxstitutiox of the Com- 
monwealth OF Massachusetts. 



PART THE FIRST. 

A Declaration of the RigJitti of the Inhabitants of the 
Oommomcealth of 3Iassachu setts. 

Equality and ARTICLE I. All men are born free and equal, and have 

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

which may l)e 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, Jt jg the right as well as the duty of all men in 

of public reli . itit i i-i 

gious worship, society, publicly, and at stated seasons, to worship the 
the°reTn?°° SuPREME Being, the great Creator and Preserver of the 
i2^AUeD!*i29. univcrsc. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most agreeable to the 
dictates of his own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not disturb the 
public peace, or ol)struct others in their religious worship. 
Amendment, jn, [As the happiucss of a pcoplc, and the good order 

Art. XI. subBti. L i • -1 J. 4.- n 1 1 

tuted for this, and preservation ot civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 

T.egiBiat^ure em- instructioiis ill i)iety, relioion, and moralitv : Therefore, 

powered to com- i-i- t , i" i i 

pel provision for to proiiiotc their liappuiess, and to secure the good order 
pu ic^\or8 ip' ,^^^ preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 
the support and maintenance of public Protestant teachers 



COMMONWEALTH OF MASSACHUSETTS. 5 

of piety, relifrion, and morality, in all cases Avhere such 
provision shall not be made voluntarily. 

And the i)eoi)le of this commonwealth have also a riirht anf'toe°Join 

'■.'■,, , ^ atlendance 

to, and do, invest their legislature with authority to enjoin thereon, 
upon all the subjects an attendance upon the instructions 
of the ])ul)lic teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notAvithstanding, that the several towns, par- Exclusive right 
ishes, precincts, and other bodies politic, or religious socie- giourteafhera" 
ties, shall, at all times, have the exclusive right of electing secured. 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of w^omVa^rochiai 
public worship, and of the public teachers aforesaid, shall, taxes may be 
if he require it, be uniformly applied to the support of the 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said mone}- s are raised. 

And every denomination of Christians , demeaning them- aii denomina. 
selves peaceably, and as good subjects of the commonw^ealth , p°oTectid'!''^ 
shall be equally under the protection of the law : and no lubo'r'dlnation 
subordination of any one sect or denomination to another ^^ °"'' ^'^'^^ '° 

111 1 II- 1111 T another pro- 

shall ever be established by law.] hiwied, 

TV. The people of this commonwealth have the sole Right of seif. 
and exclusive right of governing themselves, as a free, fe°curedT^'" 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 
them expressly delegated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and ^/aH"o°fficMl*^ 
being derived from them, the several magistrates and etc. 
officers of government, vested w^ith 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 puiTnc bein| the 
and exclusive privileges, distinct from those of the com- peiuiiarVrM- 
muuity, than what arises from the consideration of ser- Jeges, heredi- 

*' . tary otticos are 

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



6 CONSTITUTION OF THE 

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

frDra^eDt^^ right ^^^' Grovemment is instituted for the common good ; 

ristumiViid ^'"^' ^^^ protection, safety, prosperity, and happiness of the 

change it. pcoplc ; and not for the profit, honor, or private interest 

of any one man, family, or class of men : Therefore the 
people alone have an incontestible, unalienable, and inde- 
feasible right to institute government ; and to reform, 
alter, or totally change the same, when their protection, 
safety, prosperity, and happiness require it. 

.^^S™//.^??'^ VIII. In order to prevent those who are vested with 

lO Secure roiS" -*■ 

tion in office, 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. 

All, having the jx. All clectious ought to be free ; and all the inhab- 

quahhcations . n i • iii- i ^• r' • 

preacribed, itauts ot this commonwealtli, having such qualifications as 
fo office.^ '^' ^ they shall establish by their frame of government, have an 
uono^'fnhriVit. equal right to elect officers, and to be elected, for public 

lect'^^Art'^'li' employments. 122 Mass. 595, 596. 

Right of protec- X. Eacli individual of the society has a right to be 

tion and duty of , , . . , . j_ j> i • t /• t i i 

contribution protcctcd by it 111 the enjoyment ot his lite, liberty, and 
property, according to standing laws. He is obliged, con- 
sequently, to contribute his share to the expense of this 
I'l^^r^ifl^' protection ; to give his personal service, or an equivalent, 
T Pick! su. when necessary : but no part of the property of any indi- 
16 Pick'. 87.' ' vidual can, with justice, be taken from him, or applied to 
T^FeT.'ssI!'^' public uses, without his own consent, or that of the repre- 

7 Gray' 363* sciitative body of the people. In fine, the people of this 
14 Gray, 154. comiiionwealth are not controllable by any other laws 

1 Allen 150. . , , . ^ 

4 Allen,' 474.' thau thosc to which their constitutional representative 
T/ty not^to°be body liave given their consent. And whenever the pub- 
taken for public \\q exiffeucics I'equire that the property of any individual 

uses without, ~ 1 _ 11./ 1 ,1 

etc. should be appropriated to public uses, he shall receive a 

eCush. 327. 11 J.- j.\ V 

14 Gray, 155. rcasouable compensation thereior. 

16 Gray, 417, 

431 ■' 1 Allen, 150. 103 Mass. 120, 624. 113 Mass. 45. 127 Mass. 50, 52, 

11 Allen, 530. 106 Mass. 356, 362. 116 Mass. 463. 358,363,410,413. 

12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 129 Mass. 559. 
100 Mass. 544, 510. Ill Mass. 130. 

Remedies, by XI. Evcrv sublcct of the commoDwealtli ought to find 

recourse to the . iii. iiz-ii 

law, to be free, a Certain remedy, by having recourse to the laws, tor all 

complete and ... i-ii ••!• 

prompt. injuries or wrongs which he may receive in his person, 

property, or character. He ought to obtain right and 
justice freely, and without being obliged to purchase it ; 



correlative. 



Taxation found 
ed on consent 



COMMONWEALTH OF MASSACHUSETTS. 7 

c'oinpletoly, and without any denial ; promptly, and with- 
out delay ; contbi'mal)ly to the laws. 

XH. Xo subject shall be held to answer for any crimes Prosecutions 
or otience, until the same is fully and plainly, substantially^ rpickl^^Vi. 
and formally, described to him ; or l)e compelled to accuse, J" pick.' 434. 
or furnish evidence against himself. And every subject f^'J^.;^oQ^' 
shall have a right to produce all proofs that may be j-<^^"^^^j-^^- 
favorable to him ; to meet the witnesses against him face sGiay'iijo. 
to face, and to be fully heard in his defence by himself, 10 Gray, 11! 
or his counsel, at his election. And no subject shall be 2A!ie''ni'3fi^' 
arrested, imprisoned, despoiled, or deprived of his prop- 2lo^204°'439^" 
eity, immunities, or privileges, put out of the protection 473! 
of the law, exiled, or deprived of his life, liberty, or QZMaBs.'s-'u,' 
t^tate. but by the judgment of his peers, or the law of ^ioMass. 28-, 
tbe land. io3Ma88.4i8. 

lOT Mass. 17-2, ISO. 118 Maes. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. 
lOS Mass. 0, e. 120 Mass. 118, 120. 124 Mass. 464.' 129 Mass. 559. 

And the legislature shall not make any law that shall '^'s^ *" ^'i'^'l ^y 

O . , . ^ '^ . , i"''y in criminal 

subject any person to a capital or infamous punishment, cases, except, 
exce])ting for the o'overnment of the army and navy, with- s Gray, 329, 373. 

, , • I"-! . "^ 103 Mass. 418. 

out trial by jury. 

XHI. In criminal prosecutions, the verification of facts, Crimes to be 

, ... J 1 J 1 1 • !• J 1 1 proved in the 

in the vicmity where they happen, is one ot the great- vicinity. 

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

citizen. 

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

T , , -, . I' 1 • !• ^nd seizure 

unreasonable searches, and seizures, ot his person, his regulated. 
houses, his papers, and all his possessions. All warrants, A°nen"d*'t iv. " 
therefore, are contrary to this right, if the cause or founda- 5 cusii^leo. 
tion of them be not previously supported by oath or affir- l^^^l' \^ 
mation, and if the order in the warrant to a civil officer, to 10 Alien, 403. 

, ' , . > 1 1 J , '100 Mass. 136, 

make search in suspected places, or to arrest one or more 139. 
suspected persons, or to seize their property, be not accom- 273. ^^^' '^^' 
paniedwith a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and wdth the formalities prescribed by 
the laws. 

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

11 •, 1 , i '--''-'■.. "^ . jury sacred, ex- 

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

which it has heretofore been otherways used and practised. Amend*-! vii.' 

the parties have a right to atrial by jury ; and this method Ypjck.lee." 

of procedure shall be held sacred, unless, in causes arising ^9.^"y'l^- 

1 1 • 1 11 1 • , ^ Gray, 3i3. 

on the high seas, and such as relate to manners wao;es, 11 Alien, 574, 
the legislature shall hereafter find it necessary to alter it. io2'Ma88. 45, 

114 Mass. 3S8, 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 way of addresses, 
petitions, or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer. 

XX. The power of suspending the laws, or the execu- 
tion of the laws, ought never to be exercised but by the 
legislature, or by authority derived from it, to be exercised 
in such particular cases only as the legislature shall ex- 
pressly provide for. 

XXI. The freedom of deliberation, speech, and debate, 
in either house of the legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 

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

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



CO:\DIOXWEALTH OF MASSACHUSETTS. 9 

XXIY. Laws made to punish for actions done before Erpost/acto 
the existence of such hiws, and which have not been de- i'^'aumI^^i?*^* 
chired crimes by preceding hiws, are unjust, oppressive, '*-^> •i-'*> "^34. 
and inconsistent with the fundamental principles of a free 
government. 

XXA'. Xo subject ought, in any case, or in any time. Legislature not 
to be declared guilty of treason or felony by the legisla- ueaaon! ac. 
ture. 

XXVI. Xo magistrate or court of law shall demand Excessive bail or 

~ . . • /> • n' iines, and cruel 

excessive bail or sureties, impose excessive nnes, or inflict punishmentB, 

, , . , , prohibited. 

cruel or unusual punishments. 5 Gray, 482. 

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

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

XXVIII. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tiTiTuni^^^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- court! •'"'*"^"*^ 
ter, that there be an impartial interpretation of the laws, \^^^y^l]i_ 
and administration of iustice. It is the right of every ^ -^jien, 591. 

- .,,.'', ^ . .~, , . 1 ' Allen, 385. 

Citizen to be tried by judges as tree, impartial, and mde- 105 m.iss. 219, 
pendent as the lot of humanity will admit. It is, therefore, TeAure'of their 
not only the best policy, but for the security of the rights °^''®* 
of the people, and of every citizen, that the judges of the 
supreme judiTjial court should hold their offices as long as 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing salaries. 
laws. 

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive ci^iu^andVglfl.'" 
and judicial powers, or either of them : the executive shall J{Jg2t*g''''P^'"'' 
never exercise the legislative and judicial powers, or either 2 cush. 577. 
of them: the judicial shall never exercise the legislative s Alien,' 247 ,'253. 
and executive powers, or either of them : to the end it 286. ^*^' "' 
may be a government of laws and not of men. 249.^''*^'^^'^' 



116 Mass. 317 
129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

TJie Frame of Government. 

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



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- 
BtaudiDg. 



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 been laid l^efore the governor for his 
revisal ; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But if 
he have any objection to the passing of such bill or resolve, 
he shall return the same, together with his objections there- 
to, in writing, to the senate or house of representatives, in 
whichsoever the same shall have originated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branch of the legislature., where it shall also be reconsid- 
ered, and if approved by two-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases, 



COMMONWEALTH OF MASSACHUSETTS. 11 

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

.,. Ti .p i.,i in case of ad- 

And m order to prevent unnecessary delays, it any bill joummentof 
or resolve shall not be returned by the governor within court^"*itilin 
live davs after it shall have been presented, the same shall see fmeuj.^ "*' 
have the force of a law. rSier: ^' 

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

-, , ^ rD^ ^/ o^ ]'2 Gray, 14 (, 

mining of all manner of crimes, otlences, pleas, processes, is-i. 

plaints, actions, matters, causes, and things, Avhatsoever, 

arising or happening within the commonwealth, or between 

or concerning persons inhabiting, or residing, or brought 

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

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

whether the said pleas be real, personal, or ^_nixed ; and 

for the awarding and making out of execution thereupon. 

To which courts and judicatories are hereby given and courts, etc., 

-,,.,, T , . « , ^ ~ . may administer 

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

IV. And further, full power and authority are hereby General court 
given and granted to the said general court, from time to ftc^^^^'^ ^^^' 
time to make, ordain, and establish, all manner of whole- 4l[ren',47l. 
some and reasonable orders, laws, statutes, and ordinances, 237^''^°' ""' 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out ; so as the same be not repugnant or contrary to this iieMass. 467, 
constitution, as they shall judge to be for the good and 
welfare of this commonwealth, and for the government jaws^^ctc^n'ot 
and ordering thereof, and of the subjects of the same, and repugnant to 
for the necessary support and defence of the government 6 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- ii5°MasI.^602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several thSr dut'ies!"''^ 
duties, powers, and limits, of the several civil and military 
officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 CONSTITUTION OF THE 

ta^a^ete^°^^ tliis coDstitution ; and to impose and levy proportional 
12 Mass. 252. and reasonable assessments, rates, and taxes, upon all the 
6 Allen,' 558.' inhabitants of, and persons resident, and estates lying, 
lo^Cuenftk"'' ' within the said commonwealth ; and also to impose and 
12 Allen '7"7!^223, levy reasonable duties and excises upon any produce, 
ii^n'ffo'fi^'^nn' ffoods , warcs, merchandise, and commodities, whatsoever, 

800, 312, olo, oOO, o' ' ' ', .-,. 

612. brouofht into, produced, manufactured, or bemg within 

98 Mass 19, ^ . . ■ 

100 Mass. 285. tlic saiiic ; to bc issued and disposed of by warrant, under 

101 Mass. 5/0, ^1^^ liand of the governor of this commonwealth for the 
114 Masai S88,' time bciiig, with the advice and consent of the council, 
iieMass 461 ^"^^ ^^^® public service, in the necessary defence and sup- 
118 Mass. 386, port of thc govemmeut of the said commonwealth, and 
123 Mass. 493, the protcctiou and preservation of the subjects thereof, 
i27'Mas8. 413. accordiug to such, acts as are or shall be in force within 

the same, 
taresylt^rto^be ^"^ while the public charges of government, or any 
disposed of for p^vt thcrcof, sliall be assessed on polls and estates, in the 

defence, proteo- i iii-i i • -i • ij_i^ 

tion, etc. ^ manner that has hitherto been practised, in order that 
vahwti'onof"' ' such asscssmcuts may be made with equality, there shall 
tln''ye*a?8°,''at"' - bc a valuatiou of estates within the commonwealth, taken 
s^^^uen ^'4^7' ^^''' iinew once in every ten years at least, and as much oftener 
i26Ma88. 547. as the general court shall order. ^# 

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



CHAPTEE I. 
Section II. 

Senate. 
Senate, number ARTICLE I. TThere sliall be amiuallv elected, by the 

of, and by whom „ ,,, i^, .ii-i , p j\ ■ i.l1 

elected. freeholders and other inhabitants ot this commonwealth, 

amendmra'tsy qualified as in this constitution is provided, forty persons 
which'was'aiso to be couucillors and senators for the year ensuing their 
ame"dmems'7 elcctiou ; to be choscu by the inhabitants of the districts 
Art.xxii. ' jf^to which the commonwealth may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
Por provision as timelv luake known to the inhabitants of the common- 

to councillors, ,,,,.. ,^ , t , . . i j 1 1 l' 

see amend- Wealth the limits ot each district, and the number ot coun- 

ments.Art. eilloi's and sciiators to be chosen therein; provided, that 

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



COiMINIONWEALTH OF MASSACHUSETTS. 13 

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

xVnd the several counties in this commonwealth shall, counties to be 

., , , 1 11 1 • • districts, until, 

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

II. The senate shall be the first l)ranch of the legisla- Manner and 
ture ; and the senators shall be chosen in the following man- seMto^s anJT"*^ 
ner, viz. : there shall be a meeting on the [first Monday in ameudm°emsf^* 
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 

1.11, 1 1-1 ^1 , ameudnients, 

by the selectmen, and warned in due course ot law, at Art. ii. 
least seven days before the [first Monday in April,] for quauficauonsof 
the purpose of electing persons to be senators and coun- gededbyamend- 
cillors ; [and at such meetings every male inhabitant of i^ents^ Arts. 
twenty-one years of age and upwards, having a freehold xxviii.'.xxx.. 
estate within the commonwealth, of the annual income of xxxii.^" 
three pounds, or any estate of the value of sixty pounds, unT" djtined!' 
shall have a riaht to give in his vote for the senators for see aiso amend- 

^ . . . . naents, Art. 

the district of which he is an inhabitant.] And to remove xxiii.,which 

U11. • ji • r.ji -t • \ 1 ', was annulled by 

doubts concerning the meaning oi the word " inhabit- An^xxvi. 

ant" in this constitution, every person shall be considered iL^ass.'sgs, 

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 

, ^. . .,, 1111 •! preside at town 

such meetings impartially ; and shall receive the votes meetings. 
of all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk, Return of votes 
who shall make a fiiir 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, se* 
the selectmen and the town clerk, and shall be sealed up, ArtTii™^" *' 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



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



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



Plantation 
meetings. 
*rime of eler 
tion changed 
by amend- 
ments, Art. XV. 
Assessors to 
notify, etc. 



Oovernor 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 
BmendmentB, 
Art. XIV. 



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



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 certiticates by him received, into the 
secretary's office, seventeen days before the said [last 
Wednesday in May.] 

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where they reside, as town inhabitants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April] , at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elect- 
ors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be assessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the town where they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where they shall be assessed, for 
that purpose, accordingl3\ 

III. And that there may be a due convention of sena- 
tors on the [last Wednesday in ISIay] 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, Ton the said Ti"»e changed 

T 1-f- 1 1 '-urT 11 ii -111 to first Weuues- 

last >\ ednesday m JNlayJ annually, deternnne and declare day of January 
who are elected by each district to be senators [by a a^ux" ™''"'*' 
majority of votes ; and in case there shall not appear to chan^o'd to 
be the full number of senators returned elected by a plurality by 
majority of votes for any district, the deficiency shall be An.xiv. 
supplied in the following manner, viz. ; The members of 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of gi^g^"'^'*^^' ^°^ 
senators sufficient to fill up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in people" ^ 
every district of the commonwealth ; and in like manner meVtB?Art". 
all vacancies in the senate, arising by death, removal out ^^^v- 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be Qualifications of 
capable of being elected as a senator, [who is not seised propenyquaii- 
in his own right of a freehold, within this commonwealth, fsl'^Jd*?" '''^°' 
of the value of three hundred pounds at least, or possessed ^'g''„j™^rt 

of personal estate to the value of six hundred pounds at xiii. ' 
least, or of both to the amount of the same sum, and] who vis[onLt'o'^^'°' 
has not been an inhabitant of this commonwealth for the aUo'ame'iKr^ 
space of five years immediately preceding his election, and, xxii.'^''" 
at the time of his election, he shall be an inhabitant in the 
district for which he shall be chosen. 

VI. The senate shall have power to adjourn themselves, senate not to 
provided such adjournments do not exceed two days at a thia"two™ays. 
time. 

VH. The senate shall choose its own president, appoint ., s'^?,!' choose 

. . ••■ ' a; J^ Its otticers and 

its own oincers, and determine its own rules of pro- establish its 

-, . ■•■ rules. 

ceedings. 

VIII. The senate shall be a court with full authority . shaiitryaii 
to hear and determine all impeachments made by the 
house of representatives, against any officer or officers of 
the commonwealth, for misconduct and mal-administration 
in their offices. But previous to the trial of every im- 
peachment the meml^ers of the senate shall respectively 
be sworn, truly and impartially to try and determine the oath. 
charge in question, according to evidence. Their judg- Limitation of 
ment, however, shall not extend further than to removal ^''°^'""'^- 
from office and disqualification to hold or enjoy any place 



IG 



CONSTITUTION OF THE 



Quorum. 
See amend- 
ments, Arts. 
XXII. and 
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 members of the senate 
shall constitute a quorum for doing business.] 



Representation 
of the people. 



Representa- 
tives, by whom 
chosen. 

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



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
fine in case, etc. 



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



Qualifications of 
a representa- 
tive. 



CHAPTEE I. 

Section III. 

House of Representatives. 

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

II. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represen- 
tative ; every corporate town containing three hundred 
and seventy-five ratable polls may elect two representa- 
tives ; every corporate town containing six hundred ratable 
polls may elect three representatives ; and proceeding in 
that manner, making two hundred and twenty-five ratable 
polls the mean increasing number for every additional 
representative. 

Provided, nevertheless, that each town now incorporated^ 
not having one hundred and fifty ratable polls, may elect 
one representative ; but no place shall hereafter be incor- 
porated with the privilege of electing a representative, 
unless there are within the same one hundred and fifty 
ratable polls.] 

And the house of representatives shall have power from 
time to time to impose fines upon such towns as shall 
neglect to choose and return members to the same, agreea- 
bly to this constitution. 

The expenses of travelling to the general assembly, and 
returning home, once in every session, and no more, shall 
be paid by the government, out of the public treasury, to 
every member who shall attend as seasonably as he can, in 
the judgment of the house, and does not depart without 
leave. 

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



COMMONWEALTH OF MASSACHUSETTS. 17 

least next preceding his election, shall have been an inhab- New provision 
itant of, and have been seised in his own right of a free- seoamcnd- 
hold of the value of one hundred pounds within the town xxV'' ''^' 
he shall be chosen to represent, or any ratable estate to ncatiolisabot'^" 
the value of two hundred pounds ; and he shall cease to jf,'"',fg^V,'™®°^' 
represent the said town immediately on his ceasing to be xiii.' 
qualified as aforesaid.] 

lY. [Every male person, being twenty-one years of ^"o||.'j.^''"°°*°^ 
aae, and resident in any particular town in this common- These pio. 

vT ' ./ X -.. . Visions Buper- 

wealth for the space of one year next preceding, havmg a sededby 
freehold estate within the said town of the annual income Art8.iii.,x'x., 
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 q^^I^o amend- 
or representatives for the said town.l 5?^"/,^' ^""'v:- ,, 

-tr 1 1 nil • • 1 11 XXm., which 

V . fThe members of the house ot representatives shall was annulled by 

L ^ 1 1 Art XXVI 

be chosen annually in the month of May, ten days at least RepVesentai 
before the last Wednesday of that month.] choUZ^^"^ 

Time of election changed 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. 

YII. All money bills shall originate in the house of lu-ueTu money 
representatives ; but the senate may propose or concur '^'"*' 
with amendments, as on other bills. 

YIII. The house of representatives shall have power more*than°two 
to adjourn themselves ; provided such adjournment shall ^ays. 
not exceed two days at a time. q^,^^^,^ g^^ 

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

■- . 1 11 • p 1 • 1 • Arts. XXI. and 

representatives shall constitute a quorum lor doing busi- xxxiii. 
ness.] 

X. The house of representatives shall be the judge of Jeuirnsfeuf., of 
the returns, elections, and qualifications of its own mem- terr-^to'choose 
bers, as pointed out in the constitution ; shall choose their its officers and 
own speaker; appoint their own ofiicers, and settle the nu'es, etc. 
rules and orders of proceeding in their own house. They fo'r^cJ'rtaia'^ 
shall have authority to punish by imprisonment every offices. ^^^ 
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 tow^n where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
•arrest, any witness^ or other person, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

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

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



nis title. 
To be chosen 
annually. 
Qualifications. 
[Sec amend- 
ments, Arts. 
VII. and 
XXXIV.] 



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

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



CHAPTER II. 

EXECUTIVE POWER. 

Section I. 
Governor. 

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

II. The governor shall be chosen annually; and no 
person shall be eligible to this office, unless, at the time of 
his election, he shall have been an inhabitant of this com- 
monwealth for seven years next preceding ; [and unless he 
shall at the same time be seised, in his own right, of a 
freehold, within the commonwealth, of the value of one 
thousand pounds ;] [and unless he shall declare himself to 
be of the Christian religion.] 

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



COMiMONWEALTII OF MASSACHUSETTS. 1» 

in oiien town meeting, v'^ort and count the votes, and form 

a list of the persons voted for, with the number of votes 

for each person against his name ; and shall make a fair 

record of the same in the town books, and a public decla- As to dtiee. see 

ration thereof m the said meeting; and shall, m the pres- Art. ii. 

ence of the inhabitants, seal up copies of the said list, 

attested by him and the selectmen, and transmit the same 

to the sherirt" of the county, thirty days at least before the 

[last Wednesday in Mavl ; and the sheriff shall transmit Time changed 

L •/ ^ J ' . 1 , to first \V ednes. 

the same to the secretary s otface, seventeen clays at least day or January 
before the said [last Wednesday in May] ; or the select- Arux" '"'^" **' 
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 ]\Iay], to be by them chansredto 
examined ; and [in case of an election by a majority of all amendments, 
the votes returned! , the choice shall be by them declared ^V'' '^^^ ' 

ii'iiri-/» 1111 •• i- IIo^' chosen, 

and pul>lished ; [but it no person shall have a majority ot when no person 
votes, the house of representatives shall, by ballot, elect *"* -^ '"■'^"" > • 
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 wdiich the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor.] 

IV. The governor shall have authorit3% from time to Power of gov- 
time, at his discretion, to assemble and call together the governor and 
councillors of this commonwealth for the time being ; and '^°"""'- 
the governor with the said councillors, or five of them at 

least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have May adjourn or 
full power and authority, during the session of the gen- generai'coVin 
eral court, to adjourn or prorogue the same to any time "nd'conveue'' 
the two houses shall desire : [and to dissolve the same on thesame. 

L I'HT 1 As to dissolu- 

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 ™^° », r . . 
time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 



20 



CONSTITUTION OF THE 



As to dissolu- 
tion, see amend- 
ments, Art. X. 

Governor and 
council may 
adjourn the gen- 
eral court in 
cases, etc., but 
not exceeding 
ninety days. 



G-overnor to be 
comraander-in- 
chief. 



coui't is next at any time to convene, or any other cause 
happening, whereby danger may arise to the health or 
lives of the members from their attendance, he may direct 
the session to be held at some other, the most convenient 
place within the state. 

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

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

VII. The governor of this commonwealth, for the time 
being, 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 w^ar or invasion, and also in time 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, 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 agreeablv to the rules and regulations of the 
constitution, and the laws of the land, and not other- 
wise. 



COMMONWEALTH OF IMASSACHUSETTS. 21 

Provided, that the said jrovcrnor sludl not, at any time Limitation. 
hereafter, by virtue of any power l»y this constitution 
granted, or hereafter to he granted to him by the legis- 
hiture, 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 be neces- 
sary to march or transport them l)y land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

VIII. The power of pardoning otfences, except such ^un^cTma^'y '^ 
as persons may be convicted of before the senate by an pardon offences, 
impeachment of the house, shall be in the governor, by 

and with the advice of council ; but no charter of par- 
don, granted by the governor, w^ith advice of the council 
before conviction, shall avail the party pleading the same. But not before 
notwithstanding any general or particular expressions con- io9Ma8s.°323. 
tained therein, descriptive of the ofience or otfences in- 
tended to he pardoned. 

IX. All iudicial officers, Fthe attorney-general, 1 the Jiuiiciai ofa- 

u %^ K^ ^ _i ccrs etc how 

solicitor-general, [all sheriffs,] coroners, [and registers of nominated and 
probate,] shall be nominated and appointed by the gov- ror°'rovt'ion8 
ernor, by and wnth the advice and consent of the council ; o? attorn°ey°" 
and every such nomination shall be made by the aovernor, general, see 

1 -, -I -, . !• amendments, 

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

For provision as toelectionof sheriffs, registersof probate, etc., see amendments. Art. 
XIX. For provisiou as to appoLutmeut of notaries public, see amendments, Art. IV. 

X. The captains and subalterns of the militia shall be MUitia officers, 
elected by the written votes of the train-baud and alarm Lhuiration of 
list of their respective companies, [of twenty-one years bf'^amend'- °"'' 
of age and upwards ;] the field officers of regiments shall ments, Art.v. 
be elected l)y the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- nowcommis. 
missioned by the governor, who shall determine their rank. *'°°^ ' 

The legislature shall, by standing laws, direct the time Election of 
and manner of convening the electors, and of collect- 
ing votes, and of certifying to the governor, the officers 
elected. 

The major-generals shall be appointed by the senate and ^^i^ajfiSed' 
house of representatives, each having; a neo-ative upon the a"dcommis- 

I 1, ••111 sioned. 

other ; and be commissioned by the governor. 

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

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



22 



COXSTITUTION OF THE 



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



Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



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



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



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

[And no officer, duly commissioned to command in the 
militia, shall be removed from his office, 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 officers of regiments shall appoint 
their adjutants and quartermasters ; the brigadiers their 
brigade-majors ; and the major-generals their aids ; and 
the governor shall appoint the adjutant-general. 

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

XI. No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) but by warrant under the hand of the governor 
for the time being, with the advice and consent of the 
council, for the necessary defence and support of the com- 
monwealth ; and for the protection and preservation of 
the inhabitants thereof, agreeably to the acts and resolves 
of the general court. 

XII. All public boards, the commissary-general, all 
superintending officers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in every three months, officially, and without requisition, 
and at other times, when required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and garrisons ; and the said commanding officer shall ex- 



COMMONWEALTH OF MASSACHUSETTS. 23 

hibit to the governor, Avhen required by him, true and 
exact jihins 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- 
numicate to the governor, as soon as may be after receiving 
the same, all letters, despatches, and intelligences of a 
I)nblic nature, which shall be directed to them respectively. 

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

Permanent and honorable salaries shall also be estab- fice*'"ofg°p,^"me 
lished by law for the justices of the supreme judicial court, judicial court. 

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

CHAPTER II. 

Section H. 
Lieutenant- Governor. 

Article I. There shall be annually elected a lieuten- Lieutenant- 
ant-governor of the commonwealth of Massachusetts, utie^'and'quauti- 
whose title shall be — His Honor; and who shall be ^'^^'JJ^If^^JJf;' 
qualified, in point of [religion,] property, and residence Ans^vii. and 
in the commonwealth, in the same manner with the gov- 
ernor ; and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are 
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 nowchoBen. 
be found to have a majority of all the votes returned, the Election by 
vacancy shall be filled by the senate and house of repre- 



24 



CONSTITUTION OF THE 



vided for by 
araendments, 
Art. 5IV. 



President of 
council. 
Lieuteuant- 
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 bow 
chosen. 
Modilied by 
amendments, 
Arts. X and 

xni. 

Superseded by 
amendments, 
Art. XVI. 



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



CHAPTEll II. 

Section III. 

Council, and the Manner of settling Elections hij the Leg is- 

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 assem])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 

III. The councillors, in the civil arrangements of the Rank of 
C(Mnnionwealtli, shall have rank next after the lieutenant- *'''""'^'""'«- 
governor. 

IV. [Not more than two councillors shall be chosen No district to 
out of any one district of this commonwealth.] {'Zl '"°'''' '^*'° 

Superseded by ameudments, Art. XVI. 

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

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

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

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

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

from day to day until the same shall be completed. And gu^'ersede'd'b' 
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.] 



CHAPTEE II. 

Section IV. 

Secretary^ Treasurer, CommissarTj, etc. 

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

1 . . /» 1 1 1 /• urer, and re- 

the citizens oi this commonwealth may be assured, from ceiver.generai. 
time to time, that the moneys remaining in the public aitorlleyge'n*" 
treasury, upon the settlement and liquidation of the pub- mentrATt"""*^ 
lie accounts, are their property, no man shall be eligible ■^^^^- 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for more 
than live suc- 
cessive years. 

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



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

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

II. The records of the commonwealth shall be kept in 
the office of the secretary, who may appoint his deputies, 
for whose conduct he shall be 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 
oUicers to be 
expressed. 
Judicial oflicers 
lo hold office 
during good 
behavior, ex- 
cept, etc. 
But may be 
removed ou 
address. 



Justices of su- 
preme judicial 
court to give 
opinions when 
required. 
122 Mass. 600. 
126 Mass. 557, 
661. 

Justices of the 
peace; tenure 
of their office. 
3 Cush. 584. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



CHxVPTER III. 

JUDICIARY POWER. 

Article I. The tenure, that all commission officers 
shall by law have in their offices, shall be expressed in 
their respective commissions. All judicial officers, duly 
appointed, commissioned, and sworn, shall hold their offices 
during good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the 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 
with 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 prol)ate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time 
to time, hereafter, appoint such times and places ; until 
which appointments, the said courts shall be holden at 
the times and places which the respective judges shall 
direct. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of inarri:i£je, divorce, and alimony, and ^'"•riage, 

1 • 1 • 1 • 1 1 II 1 I 1 divorce, and ah- 

ull appeals from the iud<2'es ot ijrobatc, shall bo heard and mony. 

1 1 _ " ^ ' . . Other pro- 

determined l)y the governor and council, until the legis- viBionsmade 

lature shall, by law, make other provision. lo^) Mass. 327. 

116 Mass. 317. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

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



CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 

The University. 

Article I. Whereas our wnse and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, College. 
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 Fellow^s of rowers, privi- 
Harvard College, in their corporate capacity, and {hl'^prlsldent 
their successors in that capacity, their officers and ser- confirael^' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immunities, 
and franchises, which they now have, or are entitled to 



28 CONSTITUTION OF THE 

have, hold, use, exercise, and enjoy ; and the same are 
hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to their suc- 
cessors, and to their oflScers 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 gifts, grants, all the Said gifts, grauts, devises, legacies, and convey- 

etc, confirmed* o'c^' 'O' »/ 

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. 

HI. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, consti- 
tuted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
WTio shall be asccrtaiu who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
1851^224?^*^*' that the governor, lieutenant-governor, council, and senate 
isl'li"" ^^ t^^^ commonwealth, are, and shall be deemed, their 

1865; 173.' 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- 
town, Charlestown, Boston, Eoxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
Power of altera- provided, that nothing herein shall be construed to pre- 

lion reserved to ^ , , , % • , , '> xi • ij-i x' i • 

the legislature, vciit the legislature oi this commonwealth irom making 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
- the Massachusetts Bay. 



COMMONWEALTH OF MASSACHUSETTS. 29' 

CHAPTER V. 

Section II. 

The Encouragement of Literature^ etc. 

Wisdom and knowledge, as well as virtue, difiused gen- putyofie^isia. 
erally among the body of the people, being necessary for tures and magie- 
the preservation of their rights and liberties ; and as these future periods. 
depend on spreading the opportunities and advantages of vision"' a/to^'^*'' 
education in the various parts of the country, and among see^amend^"'*' 
the ditierent orders of the people, it shall be the duty of ™^"j'j«^ ^""t- 
legislatures and magistrates, in all future periods of this i2Aiien, 500- 
commonwealth, to cherish the interests of literature and losMass. 94, 97. 
the sciences, and all seminaries of them ; especially the 
university at Cambridge, pulilic schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social aflections, and gen- 
erous sentiments, among the people. 



CHAPTER VI. 

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

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

"I, A. B., do declare, that I believe the Christian reli- f^endmfntsf^^ 
gion, and have a firm persuasion of its truth ; and that I Art. vii. 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
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- 



so 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
officers. 



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



Oath of office. 



Proviso. 
See amend- 
ments, Art. VI, 



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

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

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

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

the best of my abilities and understanding, agreeably to 
the rules and regulations of the constitution and the laws 
of the commonw^ealth. So help me, God." 

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



CO:\DrONWEALTH OF :MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his athrniation in the foregoing 
form, and subscribe the same, omitting the words, [" 7t/o 
sivea)-,'' '' and abjure " " oatJi or,'" " and abjuration " in the 
first oath, and in the second oath, the words] '■'■swear 
and," and [in each of them] the words " /So help me, 
God ; '' subjoining instead thereof, " This I do under the 
2)ainft andjjenalties of perjury." 

And the said oaths or affirmations shall be taken and ^jj^^j.^^^^j^^^^^^ 
subscribed l)y the o:ovcrnor, lieutenant-governor, and coun- how admiuis- 
cillors, before the president of the senate, in the presence 
of the two houses of assembly ; and by the senators and 
representatives iirst elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards l)efore the governor and 
council for the time being ; and l\y the residue of the 
officers aforesaid, before such persons and in such manner 
as from time to time shall be prescribed by the legislature. 

II. Xo governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial court, shall hold any other office or place, ed to governor,' 
under the authority of this commonwealth, except such as Se'i3"amend'' '^"'' 
])y this constitution they are admitted to hold, saving that men^te.Art. 
the judges of the said court may hold the offices of justices 
of the peace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power whatever. 

Xo person shall l)e cai)able of holding or exercising at Same suLject. 

i . . 1 • 1 • 1 /. 1 1 Allen, 553. 

the same time, within this state, more than one ot the 
following offices, viz. : judge of probate — sheriff — regis- 
ter of probate — or register of deeds; and never more 
than any two offices, which are to be held by appointment 
of the governor, or the governor and council, or the senate, 
or the house of representatives, or by the election of the 
people of the state at large, or of the people of any county, 
military offices, and the offices of justices of the peace ex- 
cepted, shall be held by one person. 

Xo person holding the office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- For'^further pro- 
general — treasurer or receiver-general — judge of probate inco°mpafib°e 

— commissary-general — fpresident, professor, or instruct- omces, see 

J G LI _ ' 1 ' ameudraents, 

or of Harvard College] — sheriff — clerk of the house of Art. vm. 
representatives — register of probate — register of deeds vardcoiiege 

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



32 



CONSTITUTION OF THE 



Incompatible 
ofBces. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 

Property quali- 
fications may 
be increased. 
See amend- 
ments, Arts. 
XIII. and 
XXXIV. 

Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Mot. 68. 
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 corpus 
secured, except- 
etc. 



same time have a seat in the senate or house of represen- 
tatives ; but their being chosen or appointed to, and accept- 
ing the same, shall operate as a resignation of their seat in 
the senate or house of representatives ; and the pkice so 
vacated shall be filled up. 

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

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

III. In all cases where sums of money are mentioned 
in this constitution, the value thereof shall be computed 
in silver, at six shillings and eight pence per ounce ; and 
it shall be in the power of the legislature, from time to 
time, to increase such qualifications, as to property, of the 
persons to be elected to offices, as the circumstances of 
the commonwealth shall require. 

ly. 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 kw, shall be in the name of the Conmion- 
wealth of jNIassachusetts ; they shall be under the seal of 
the court from whence they issue ; they shall bear test of 
the first justice of the court to which they shall be returna- 
ble, who is not a party, and be signed by the clerk of such 
court. 

VI. All the laws winch 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 w^rit of /labeas 
corpus shall be enjoyed in this commonwealth, in the most 
free, easy, cheap, expeditious, and ample manner; and 
shall not be suspended by the legislature, except upon the 
most urgent and pressing occasions, and for a limited 
time, not exceeding twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

VIII. The onactins: style, in makinsc and i)Mssini>- all The enacting 
act?;, statutes, and laws, shall be — " Be it enacted by the 
Senate and House of Representatives in General Court 
assembled, and by the authority of the same." 

IX. To the end there may be no failure of justice, or omcersof 
dano-er arise to the commonwealth from a change of the ment'^cobtinued 
form of government, all officers, civil and military, hold- '^"'''' ""=• 
ing conmiissions under the government and people of 
^Massachusetts Bay in New England, and all other officers 

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all courts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and legislative officers, bodies, and 
powers shall continue in full force, in the enjoyment and 
exercise of all their trusts, employments, and authority ; 
until the general court, and the supreme and executive 
officers under this constitution, are designated and in- 
vested with their respective trusts, powers, and authority. 

X. [In order the more effectually to adhere to the rrovjsionfor 
principles of the constitution, and to correct those viola- eutrnk)!*^"" 
tions which by any means may be made therein, as well provt^on "f to 
as to form such alterations as from experience shall be amendments, 

. i . see umenci- 

found necessary, the general court which shall be in the meuts, ah. ix. 
year of our Lord one thousand seven hundred and ninety- 
tive, 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 emuti^l.'^"'' 
shall assemlile and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

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



34 



CONSTITUTION OF THE 



Provision for 
preserving and 
publishing this 
constitution. 



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



Bill, etc., not 
approved within 
five days, not to 
become a law, 
if legislature 
adjourn in the 
mean time. 
3 Mass. 567. 
See Const., Ch. 
I., § 1, Art. II. 



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



Proviso. 

112 Mass. 200. 



Qualifications of 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
See amend 
ments. Arts. 
XXX. and 
XXXII. 
11 Pick 538,540. 
14 Pick. 341. 
14 Mass 367. 
5 Met. 162, 298, 
591, 594. 
7 Gri-y, 299. 
122Mass.595,597. 
124 Mass. 596. 



AKTICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be ol)jected to, 
and not approved l)y the governor ; and if the general 
court shall adjourn within five days after the same shall 
have been laid before the governor for his approbation, 
and thereby prevent his returning it with his objections, 
as provided by the con.stitution, such bill or resolve shall 
not become a law, nor have force as such. 

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city gov- 
ernments, in any corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to th& 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of returning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in any town not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and A'oting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laws, made by such municipal or 
city government, shall be subject, at all times, to be an- 
nulled by the general court. 

Art. III. Every male citizen of twenty-one years of 
age and upwards, excepting paupers and persons under 
guardianship, who shall have resided within the common- 
wealth one year, and within the town or district in w^hich 
he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, [and who shall have paid, by 
himself, or his parent, master, or guardian, any state or 
county tax, which shall, within two years next preceding; 



COMMONWEALTH OF MASSACHUSETTS. 35 

such election, have been assessed upon liiui, in any town For educational 

,..,... , , ' , , '' . qualification, 

or district ot this conmionwealth ; and also eveiy citizen seeamend. 
who sliall he, l)y hiw, exempted from taxation, and who PoTprovi'sVonas 
shall he, in all other respects, qualilied as above mentioned,] ll!,ve°J|^!'rv,,d" „ 
shall have a rii>ht to vote in such election of jjovernor, th«;"myor 

~ • 1 navy 111 time of 

lieutenant-governor, senators, and representatives ; and no war, see amend 
other i)erson shall be entitled to vote in such elections. xxviii.aud 

• XXXI 

See also amendments, Art. XXIII., which was annulled bj' amendraeuls, Art. XXVI. 

Akt. IV. Notaries public shall l)e appointed by the Notaries pnbiic^ 
governor in the same manner as judi<dal officers are ap- aud^ removed!*^ 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the 
legislature. 

[Ill case the office of secretary or treasurer of the com- Vacancies in the 
mon wealth shall become vacant from any cause, during ta^y Md^^-ll?-" 
the recess of the o^eneral court, the o:overnor, with the n^'if;1'i^°^,^"'"^" 

~ ' o " iniH Clause 

advice and consent of the council, shall nominate and ^^p'^T''*'^ ^'y 

. , T 1 ■, . ■ -, -111 amendments, 

appoint, under such regulations as may be prescribed by An. 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 gen^j^i^majbe 
require the appointment of a commissary-general, he shall appointed, in 
be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, by law, prescribe. 

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

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

Art. VI. Instead of the oath of allegiance prescribed path to be taken 

... o 1 by all omcers. 

by the constitution, the following oath shall be taken and see const., 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

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

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



36 



CONSTITUTION OF THE 



Teste 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 
mider 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 ,'lieuteuant- 
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 meml>er of the 
Congress of the United States, and accepting that trust; 
but the acceptance of such trust, by any of the officers 
afoi'esaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 

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



co:mmonwealtii of Massachusetts. 37 

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

AiiT.X. The political year shall begin on the first ^f7ouuca?yeTr! 
"U'ednesday of January, instead of the last Wednesday of 
.May ; and the general court shall assemble every year on 
the said first 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 which has heretofore commenced on the 
last AVednesday of May. And the general court shall be and termination 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general court from assembling at such other times as 
they shall judge necessary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant- ^leet'ngf for the 

L o •1111111 choice of gov- 

o-overnor, senators, and representatives, shall be held on emor. ueuten. 

Ti 1 T r 1 1' -\^ 1 • 1 J. J. ant-governor, 

the second Monday ot JNovember m 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 am^e^dments,^ 
succeeding day, but no further. But in case a second ^'•'•^v. 
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 oificers or persons whatever, that 
have reference to the last Wednesday of May, as the com- 
mencement of the political year, shall be so far altered, as 
to have like reference to the first Wednesday of January. 

This article shall go into operation on the first day of go'^futo'oper ° '° 
October, next following the day when the same shall be "on. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 
January then next following, and until others are chosen 
and qualified in their stead, and no longer ; and the first 



38 



CONSTITUTION OF THE 



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 1.S37, 
and decennially 
thereafter. 
This article was 
superseded by 
amendments, 
Art. XIII., 
which was also 
superseded by 
amendments. 
An. XXI. 
Representa. 
lives, how 
apportioned. 



election of the governor, lieutenant-governor, senators, and 
representatives, to be had in virtue of this article, shall 
be had conformably thereunto, in the month of November 
following the day on which the same shall be in force, and 
go into operation, pursuant to the foregoing provision. 

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

Art. XI. Instead of the third article of the bill of 
rights, the following modification and amendment thereof 
is substituted : — 

" As the public worship of God and instructions in 
piety, religion, and morality, promote the happiness and 
prosperity of a people, and the security of a republican 
government ; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and liolden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which may be thereafter made, or entered 
into by such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good citi- 
zens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

Art. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equality, a census of the ratable polls, in each 
city, town, and district of the commonwealth, on the first 
day of May, shall be taken and returned into the secre- 
tary's ofiice, 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 nuinl)er of ratable rruibic^poiU 
])oi:s, at the last preceding decennial census of polls, shall ^^^ represent. 
l)e 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 fj'pre^e^t^d."'' 
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 

% . t" ••i/'jiiii 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 
within the months of July and August, in the year of our determ"ine\he 
Lord one thousand eight hundred and thirty-seven, accord- ""s'entttives'^to' 
ing to the foregoing principles, the number of representa- ^l^Q'^is^entiUeA 
fives, which each city, town, and representative district is 
entitled to elect, and the number of years, w^ithin 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 ii 1 M J J.1 meut to be made 

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



Inconsistent 
provisions 



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 fixed and unalterable 
for the period of ten years. 

All the provisions of the existing constitution incon- 
annuiied. sistcnt witli the provisious herein contained, are hereby 

wholly annulled.] 
£nt™to'bJtike''n Art. XIII. [A ccusus of the inhabitants of each city 
in 1840, and de- and town, ou the first day of May, shall be taken, and 

cennially there- I'jji i? n^ i/> iij 

after, for basis rcturncd luto tlic sccrctary s oince, on or beiore the last 
ot^representa- ^^^^ of Juuc, of the year ouc thousaud eight hundred and 
Mnsus'supeT/" foi'ty, and of every tenth year thereafter; which census 
seded by amend- shall determine the apportionment of senators and repre- 

raenls. Arts. • n j n 

xxi.andxxii. scutatives for the term or ten years. i22Mas8.595. 

frlcfs d^ciat'ed The scvcral senatorial districts now existing shall be 
permanent permanent. The senate shall consist of forty members ; 

Provisions as to X . i • i i i i i /> 

senators super- and lu the year one thousand eight hundred and torty, 

mentSjAru^'^ and Gvcry tenth year thereafter, the governor and council 

^^^^" shall assio-n the number of senators to be chosen in each 

district, according to the number of inhabitants in the 

same. But, in all cases, at least one senator shall be 

assigned to each district. 

Sn'tauvisThow Thc memlicrs of the house of representatives shall be 

apportioned. apportioucd iu the followins: manner : Every town or city 

Provisions as to 11 iiii-ii- i 

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

it to an additional representative. 
h"w'!-epre°*' Every town containing less than twelve hundred inhab- 

eented. itants 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. 
TniTeTnto^r^pre. ^^J ^wo or morc of the scvcral towns may, by consent 
sentative 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]MMONWEALTH OF MASSACHUSETTS. 41 

The luimber of inhabitants wliich shall entitle a town Basis of repre-- 

. 1 , , , • 1 J I • • sentiilion, and 

to elect one representative, and the mean niereasnig num- ratio oiiucrease. 
ber which shall entitle a town or city to elect more than 
one, and also the number by which the })opulation 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 po})ulation of the 
connnonweallh shall have increased to seven hundred and 
seventy thousiind, 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 oovernor and The governor 

." _ ' & _ and council to 

council shall, before the first day of September, ai)portion apportion the 

1 iiuiutxir of I'f p« 

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

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the first Wednesday of January, the people at' 
or as soon thereafter as may be, by the joint ballot of the provisions as to 
senators and representatives, assembled in one room, who gupgrgHded by 
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 jears immediately preceding his election ; 
and not more than one councillor shall l)e chosen from 
any one senatorial district in the commonwealth.] 

No possession of a freehold, or of any other estate, shall qufuStion^for 
be required as a qualification for holding a seat in either a seat in general 

^ ^ . , .• .1 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 commonwealth, whose election is provided for pfurauty o/ "^^ 
l)y the constitution, the person having the highest number "^"'^''''• 
of votes shall be deemed and declared to be elected. 

Art. XV. The meeting for the choice of governor. Time of annual 
lieutenant-governor, senators, and representatives, shall emor and legie. 
be held on the Tuesday next after the first Monday in ''''""'• 
November, annually ; but in case of a failure to elect repre- 
sentatives on that day, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 



42 



CONSTITUTIOX OF THE 



Eight council, 
iors to be chosen 
by the people. 
122 Mass. 595, 
S98. 



Legislature to 
district state. 



Eligibility 
defined. 



Day and manner 
of election, etc. 



Vacancies, how 
filled. 

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



Organization of 
the government. 



Art. XVI. Eight councillors shall be annually chosen 
by the inhabitants of this commonwealth, qualified 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 l)een 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 numl^er 
of inhabitants as nearly equal as practical)le, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : pi^ovided, hoicever, that if, at anytime, the 
constitution shall provide for the division of the common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legisla- 
ture. No person shall be eligible to the ofiice of council- 
lor who has^not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 
tion. The day and manner of the election, the return of 
the votes, and the declaration of the said elections, shall 
be the same as are required in the election of governor. 
[Whenever there shall be a failure to elect the full num- 
ber of councillors, the vacancies shall 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 before the said first Wednesday in 
January he shall issue his summons to such persons as 
appear to be chosen, to attend on that day to be qualified 
accordingly' ; and the secretary shall lay the returns before 
the senate and house of representatives on the said first 
Wednesday in January, to be by them examined ; and in 
case of the election of either of said officers, the choice 
shall be by them declared and published ; but in case 
there shall be no election of either of said officers, the 
legislature shall proceed to fill such vacancies in the 



COMMOXWEALTII OF MASSACHUSETTS. 43 

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

Art. XVIL The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen m^r! anditorT'" 
annually, on the day in November prescribed for the g"nefai°byTh8 
choice of governor; and each person then chosen as such, pi^opie. 
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 
qualiried in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of governor. In case of a failure to elect vacancies, how 

. ^ . . . filled. 

either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third Wednesday in January next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from any cause, during an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualitied in his stead. 
In case any person chosen or appointed to either of the To qualify with. 
offices aforesaid, shall neglect, for the space of ten days o'therwisJ^offica 
after he could otherwise enter upon his duties, to qualify 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabit- ^^^^^^^ ^' 
ant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and pued^forBTta- 
all moneys which may be appropriated by the state for pororig'iniV 
the support of common schools, shall be applied to, and ^chTOTs*' self *** 
expended in, no other schools than those which are con- p°"^p^*l°°irt. 
ducted according to law, under the order and supermtend- iii. 



to be deemed 
vacant. 



44 



CONSTITUTION OF THE 



12 Allen, 500, 

508. 

103 Mass. 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. 



Beading consti- 
tution inEnglish 
and writing, 
necessary quali- 
fications of 
voters. 
Proviso. 
For other quali- 
fications, see 
amendments, 
Art. III. 
See also amend- 
ments, Art. 
XXIII., which 
was annulled by 
amendments, 
Art. XXVI. 

Census of legal 
voters and of 
inhabitants, 
when taken, etc. 
See P. S. c. 31. 



House of repre- 
sentatives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613. 



ence of the authorities of the town or city in which the 
money is to be expended ; and such moneys shall never 
be appropriated to any religious sect for the maintenance, 
exclusively, of its own school. 

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

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

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not l)e able to read the constitution in 
the English language, and write his name : provided ^ how- 
evej', that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty -five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters ; and in each city, 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each Avard 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 j 



co:m:sionwealth of ]\lissachusetts. 45 

and it shall be the duty of the secretary of the common- secretary shaii 

wealth, to certify, as soon as may be after it is determined authodzed^ir'^* 

by the legislature, tlie numl)er 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 

commissioners of other counties than Suffolk, — or in lieu 

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

county commissioners in each county other than Suffolk, 

such board of special commissioners in each county, to 

be elected by the people of the county, or of the towns 

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

shall, on the first Tuesday of Auo-ust next after each Meeting for 

. ' . "^ ~ divisiou to be- 

assignment of representatives to each county, assemble at first Tuesday 
a shire town of their respective counties, and proceed, as proceediugs. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county; and such districts 
shall be so formed that no towm or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding Qualifications of 
his election, shall have been an inhabitant of the district 122 Mass .'595^' 
for which he is chosen, and shall cease to represent such ^^^' 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- de^rfbeduad 
tion of each, with the numbers thereof and the number of *'®''"^®'*' 
legal voters therein, shall be returned by the board, to the 
secretary of the commonwealth, the county treasurer of 
each county, and to the clerk of every town in each dis- 
trict, to be 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 Aruxxxiii. 
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 ofiice of the secretary of the common- 
wealth, on or before the last day of June, in the year one 



46 



COXSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
eenators. 



•Senate to consist CBllSllS 
of forty mem 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



•Qualiflcations 
of senators. 



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 
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 : jjrovided, however, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhal)- 
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. [Xo person of foreign birth shall be en- 
titled to vote, or shall be eligible to ofiice, unless he shall 
to entitle to sufI have resided within the jurisdiction of the United States 
eiig1bie\™offlce. for two ycars subsequent to his naturalization, and shall 
annulled by he Otherwise qualified, according to the constitution and 
Art. XXVI. laws of this comnionv^ealth: provided, that this amend- 
ment shall not affect the rights which anj^ person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further, that it shall not atfect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

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

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



Quorum, see 
amendments, 
Art. XXXIII. 



Hesidence of 
two years re- 
-quired of natu- 
ralized citizen 



Vacancies in the 
senate. 



Vacancies in the 
tsouncil. 



COMMONWEALTH OF MASSACHUSETTS. 47 

of representatives shall, by concurrent vote, choose some 
oliiiible person from the people of the district wherein such 
vacancy occurs, to till that office. If such vacancy shall 
ha]ii)on when the leiiit^lature is not in session, the governor, 
with the advice and consent of the council, may till the 
same by a))pointment of some cli<»il)lc person. 

Art. XXVI. The twenty-third article of the articles Twenty.third 
of amendment of the constitution of this commonwealth, mentsannuried! 
which is as follows, to wit : " No person of foreign birth 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and la'svs of this commonwealth : p7'ovi'ded, that this amend- 
ment shall not allect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
lirovided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom," is hereby 
wholly annulled. 

Akt. XXVII. So much of article two of chapter six Provisions, of 
of the constitution of this commonwealth as relates to vi., reiating^fo 
persons holding the office of president, professor, or vfrdToUeg^r 
instructor of Harvard College, is hereby annulled. annulled. 

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

Art. XXIX. The general court shall have full power voting pre- 
and authority to provide for the inhabitants of the towns 
in this Commonwealth more than one place of public meet- 
ing within the limits of each town for the election of of- 
ficers under the constitution, and to prescribe the manner 
of calling, holding and conducting such meetings. All 
the provisions of the existing constitution inconsistent with 
the provisions herein contained are hereby annulled. 

Art. XXX. No person, otherwise qualified to vote in voters not aia- 
elections for governor, lieutenant-governor, senators, and ?ea* on of change 
representatives, shall, by reason of a change of residence untiufx*'monthB 
within the Commonwealth, be disqualified from voting for jg^,']^J^*°' 
said officers in the city or town from which he has removed 
his residence, until the expiration of six calendar months 
from the time of such removal. 



48 



CONSTITUTION OF THE 



Amendments 
Alt. XXVIII. 
amended. 



Person who 
served in army 
or navy, etc., 
not disqualified 
from voting for 
non-paj'ment of 
poll tax. 



Provisions of 
amendments, 
Art. HI. relative 
to payment of a 
tax as a voting 
qualification, 
annulled. 



Quorum, in each 
branch of the 
general court, 
to consist of a 
majority of 
members. 



Provisions of 
Art. II., § I., 
Chap. 11., Part 
II., relative to 
property quali- 
fication of 
governor, 
annulled. 



Art. XXXI. Article twenty-eight of the Amendments 
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 
XXVIII. No person having served in the army or navy 
of the United States in time of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or 
because of the non-payment of a poll tax. 

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

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

Art. XXXIV. So much of article two of section one 
of chapter tw^o of part the second of the Constitution of 
the Commonwealth as is contained in the following words : 
" and unless he shall at the same time, be seized in his 
own right, of a freehold within the Commonwealth of the 
value of one thousand pounds ; " is hereby annulled. 



The constitution of Massachusetts was agreed upon by delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of Sejitember, 1779, and continued by adjournments to the 
second day of March, 1780, when the convention adjourned to meet 



COMMOXWEALTII OF MASSACHUSETTS. 49 

on the first Wednesday of the ensuing June. In the mean time the 
constitution Avas submitted to tlie people, to be adopted by them, 
provitled two-thirds of the votes given should be in the aflirmative. 
When the convention assembled, it was found that the constitution 
had been adopted by the rocpiisite number of votes, and the con^•en- 
tion accortlingly Resolved, " 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, 
agreeable to this resolution." The first legislature assembled at Bos- 
ton, on the twentj'-fifth day of October, 1780. 

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

The tenth Article was adopted by the legislatures of the political 
years 1829-30, and 1830-31, respectively, and was approved and rati- 
fied by the people May 11, 1831. 

The eleventh Article was adopted hj the legislatures of the politi- 
cal yeai's 1832 and 1833, respectively, and was apjoroved and ratified 
by the people November 11, 1833. 

The twelfth Article was adojited by the legislatures of the jjolitical 
years 1835 and 1836, respectively, and was apj^roved 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 1840, respectively, and was approved and ratified 
by 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 1855, respectively, and ratified by the people the 
twenty-third day of May, 1855. 

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

The twenty-third Article was adoj^ted by the legislatures of the 
political years 1858 and 1859, respectively, and ratified by the peojjle 
on the ninth day of May, 1859, and was rejiealed by the twenty-sixth 
Amendment. 

The twent3--fourth and twenty-fifth Articles were adojDted by the 
legislatui-es of the political j^ears 1859 and 1860, and ratified by the 
people on the seventh day of JMay, 1860. 



50 CONSTITUTION OF MASSACHUSETTS. 

The twenty-sixth Article mms adoiJted by the legislatures of the 
political years 1862 and 1863, and ratitied 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, 1877. 

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

The twenty-ninth Article was adopted by the legislatures of the 
political years 1884 and 1885, and was apju-oved and ratified by the 
people on the third day of November, 1885. 

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

The thirty-second and thirty-third Articles were adopted by the 
legislatures of the political years 1890 and 1891, and were aj^proved 
and ratified by the people on the third day of November, 1891. 

The thirty-fourth Article was adopted by the legislatures of the 
l)olitical years 1891 and 1892, and was approved and ratified by the 
people on the eighth day of November, 1892. 



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



INDEX TO THE CONSTITUTION. 



A. 

Page 
Address of both houses of the legislatui-e, judicial officers may be 

removed by governor witli 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 Qualcers, 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 
house present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court ; if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 3G, 37 

Apportionment of councillors, 24, 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 forty 

districts, 46 

Apportionment of representatives, 16, 39, 40, 44 

to tlie several counties, made on the basis of legal votei's, . 44 
Armies, dangerous to liberty, and not to be maintained without con- 
sent of the legislature, 8 

Anns, 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 general assembly, 18 

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

warrant 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 filled by joint baUot of legis- 
lature from the two persons having the highest number of 

votes at November election, 43 

51 



52 INDEX TO THE CONSTITUTION. 



Page 



Jk^ttomey-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 legislatui'e, filled by gov- 
ernor by appointment, with consent of council, . . 43 

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

next preceding election or appointment, .... 43 

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

to be qualified within ten days, 43 

Attornej's, district, elected by the people of the several distx'icts, . 44 
Auditor, to be chosen by the people annually in November, . . 43 

to hold office for one j'ear from third Wednesday in January 

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

election detennined by legislature, 43 

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

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

next preceding election, 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

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

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

^ills 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 
branch in which originated, and may be passed by two- 
thirds of each branch present and voting thereon by yeas 

and nays, 10 

if not returned I)}' governor within five days after presenta- 
tion, to have force of law, unless the legislature adjom-us 

before that time expires, 11,34 

Boards, public, to make quarterly reports to the governor, . . 22 

Body politic, formation and nature of, 3 

title of : The Commonwealth of Massachusetts, ... 10 
Bribery or corruption used in procuring an appointment or election, 

to disqualify from holding any office of trust, etc., . . 32 

c. 

Census of ratable polls, 38 

of inhabitants, 40, 44, 45 

of inhabitants and legal voters taken in the year 1SG5, and 

every tenth year thereafter, 44, 46 

enumeration of voters to determine the apportionment of 

representatives, 44 



INDEX TO tup: constitution. 53 

Page 
Cities, maj' be chartered by tlie general court, if containing tAvclve 
tliousaud inhabitants and consented to by a majority 

tliereof, 34 

Civil officers, meeting for election to be Iield annually on the Tues- 
day next after the first Monday in November, . . . 41 
"wliosc election is pi'ovided 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, continued in 

force, 32 

Commander-in-chief, governor to be, 20 

Commerce, agriculture and the arts, to be encoux'aged, ... 29 
Commissary-general, appointed and commissioned as tixed by law, . 25, 35 
Commission officers, tenure of office to be expressed in commissions, 2G 
Commissioners of insolvency, elected by the people of the several 

counties, 44 

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

seal affixed, 32 

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-thii"ds of the house 
present and voting thereon by yeas and nays; entered 
upon the journals of both houses, and referi'ed to the next 
general court; if the next general court agrees to the 
pi'oposition in the same manner and to the same effect, it 
shall be submitted to the people, and, if approved by them 
by a majority A^ote, becomes a part of the constitution, . 8G, 37 

Constitution, provisions for revising, 33, 36 

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

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

Coroners, 21 

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

Council, five members to constitute a quorum, 24 

eight councillors to be elected annually, 24, 42 

election to be determined by rule required in that of gover- 
nor, 42 

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

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

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

by the members present, 25 

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

and lieutenant-governor is vacant, 25 



54 INDEX TO THE CONSTITUTION. 

Page 

Council, no property qualification required, 41 

eight districts to be formed, each composed of five contiguous 

senatorial districts, 42 

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

term of office, 37 

vacancy to be filled by election of a resident of the district by 
concurrent vote of the senate and house; if legislature is 
not in session, to be filled bj' 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 ipiestions 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 holcUng, 26 

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

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

may administer oaths or affirmations, . . . . 11 

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

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

D. 

Debate, freedom of, in the legislature 8 

Declaration of the rights of the inliabitants 4 

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

Delegates to congress, 27 

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

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

senatorial districts, 42 

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

several counties, 39, 45 

Divorce, alimony, etc., 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free, ......... 6 

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



INDEX TO THE CONSTITUTION. 55 

Page 
Election of civil officers, mcetinj; to be hokl annually on the first 

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

on fourth Monday in November, 41 

Election returns l:^, 42 

Enacting style of laws, established, 33 

Equality and natural rights of all men, 4 

Estates, valuatiou 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, .... U 

F. 

Felony and treason, no subject to be declai-ed guilty or, by the legis- 
lature, 'J 

Fines, excessive, not to be imposed, 9 

Frame of government, 10 

Freetlom of speech and debate In the legislature, .... 8 

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

general court or council, . . . . . . . 41 

possession of, by governor, provision requiring, annulled, • 48 
Fundamental principles of the constitution, a frequent recurrence to, 

recommended, 8 

G. 

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

for making laws, ........ 8 

freedom of speech and debate in, 8 

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

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other .... 10 

to assemble every year on the first Wednesday of January, at 
such other times as they 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, . . . . . . li 

may provide for the election or appointment of officers, and 

prescribe their duties, II 

may impose taxes, etc., to be used for the public service, . 12 
to be dissolved on the day next preceding the tirst Wednes- 
day of January, 20, 37 

travelling expenses of members, ...... 10 

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

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



56 INDEX TO THE CONSTITUTION. 

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

to office, . 32 

certain officers not to have seat« in, 31 

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

houses disagi'ee, etc. , 20 

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

empowered to charter cities, 34 

to determine election of governor, lieutenant-governor and 

councillors, 41, 42 

to prescribe bylaw for election of slierifl's, registers of probate 
and commissioners of insolvency by tlie people of the 
counties, and district attorneys by the people of the 

districts 44 

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

Government, objects of, 3, 5, 6 

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

state, 5 

Governor, the supreme executive magistrate, styled, — The Gover- 
nor of the Commonwealth of Massachusetts; with the 
title of, — His Excellency ; elected annually, . . . 18 

qualifications, 18, 36, 48 

term of office, 37 

should have an honorable stated salary, 23 

the commander-in-chief, of the army and navy, but may not 

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

to appoint the adjutant-general, 22 

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

not to hold certain other offices, 31 

to talvc oaths of office before president of the senate In pres- 
ence of the two houses of assembly, 31 

to sign all commissions, 32 

election determined by the legislature, 42, 43 

veto power, 10 

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

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

with advice of council, may adjourn or prorogue tlie legisla- 
ture upon request, and convene the same, .... 19 
may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may dlre'ct session 
to be held in other than the usual place In case of an In- 
fectious distemper prevailing, 19 

to appoint all judicial officers, notaries public and coroners ; 
nominations to be made at least seven days before appoint- 
ment, 21, 35 



INDEX TO THE CONSTITUTION. 57 

Page 
Groveruor, to appoint officers of the continental army, ... 22 
may pardon ofteuces, but not iK'fore conviction, ... 21 
may fill vacancy in council occurring when legislature is not 

in session, 47 

with consent of council, may remove judicial oflicers, upon 

the address of both houses of the legislature, . . . 2G 
Governor and council, to examine election returns, . . . .14,42 
may punish persons guilty of disrespect, etc., by imprison- 
ment not exceeding thirty days, 17, IS 

quormn to consist of governor and at least live members of 

the coimcii, 19 

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



H. 

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

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

board of overseers established, but the govei'nment of the 

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

officers may be elected members of the general court, . . 47 

Hereditary offices and privileges, absurd and unnatural, . . . 5, G 

House of Representatives, members may be instructed by the people, 8 

a representation of the people annually elected and founded 

upon the principle of equality, 16 

may impose lines upon tOAvns not choosing members, . . IG 
expense of travel once every session each way, to be paid by 

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

to enter ol^jections made by governor to a bill or resolve at 

large upon records, 10 

qualifications of members, 17,41,45 

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

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

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

the grand inquest of the commonwealth, 17 

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

concur with amendments, 17 

not to adjourn more than two daj^s at a time, .... 17 

quorum of, 1"> ■^5, 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. 

PagB 
House of Eepresentatives, privileges of members, .... 18 

may require the attendance of secretary of the commonwealth 

in person or by deputy, 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 lield on the Tuesday next after the 

first Monday of November, 41 

in case of failure to elect, meetmg to be held on the fom-th 

Monday of November, 41 

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

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

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

board authorized to divide county into districts, to be certi- 
fied to by the secretary, tlie number of representatives to 
which the county is entitled, 45 

I. 

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

mdictment, 15, 16 

Incompatible offices, 31, 36 

" Inliabitant," the word defined, 13 

luliabitants, census to be taken in 1865, and every tenth year there- 
after, 38, 40, 44, 45 

Insolvencj% commissioners of, elected by the people of the several 

counties, . .44 

Instruction of representatives 8 

J. 

Judges of courts may not hold certain other offices, . . , . 31, 36 
Judges of tlie supreme judicial court, to hold oflice during good 
behavior, and to have liouorable 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, 81 

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

may administer oatlis or affirmations, 11 

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



INDEX TO THE CONSTITUTION. .')9 

Page 
Judicial ofticcrs, appointed by tlie governor with consent of coun- 
cil ; nominations to be made seven days prior to appoint- 
ment, 21 

to hold ollice during good l)eliavior, except when otlierwisc 

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

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

of both houses of the legislature, 26 

Jury, trial by, riglit secured, 7 

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

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



L. 

Law-martial, only those employed in the army and navy, and the 
militia in actual sei'vice, 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 province, colony and state, not repugnant to the constitu- 
tion, continued in force, 32 

Legislative power, 9 

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

Legislature (see General Court). 

Liberty of the press, essential to the security of freedom, . . 8 

Lieutenant-governor, to be annually elected in November, — title of, 

His Honor; who shall be qualified same as governor, 23, 37, 

41, 48 
in the absence of governor, to be president of the council, . 2-1 
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 

tei"m of office, 37 

Literature and the sciences to be encoui-aged, 29 

M. 

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

concurrent vote, 21 

may appoint tlieir aids 22 



60 



INDEX TO THE CONSTITUTION. 



MaiTiage, divorce and alimony, . 

Martial law, only those employed in the army and navy, and the 
militia in actual ser\'ice, subject to, except by authority of 

legislature, 

Military power, subordinate to civil authority, .... 
Militia, not to be obliged by commander-in-chief to march out of the 

limits of the state, 

captains and subalterns, elected by the train-bauds, . 

all members of companies may vote, including minors, . 

field officers, elected by captains and subalterns, . . 

brigadiers, elected by field officers, 

major-generals, elected by senate and house of representatives 

by concurrent vote, 

mode of election of officers to be fixed by standing laws, 

if electors refuse to elect, governor with advice of council 

may appoint officers, 

officers commissioned to command may be removed as may 

be prescribed by law, 

appointment of stafi' officers, 

organization; divisions, brigades, regiments and companies. 
Money, issued from treasury by warrant of governor, etc. , 

mentioned in the constitution, to be computed in silver at six 

shillings and eightpence per ounce, .... 

Money bills, to originate in house of representatives, 

Moneys, raised or appropriated for public or common schools, not 

to be applied for support of sectarian schools, . 
Moral obligations of lawgivers and magistrates, 
Moral qualitications for office, 



Page 

27 



21 
21, 35 
35 
21 
21 

21 
21 



22, 35 
22 



32 

17 

43 

8 



]sr. 

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

address of both houses, 35 



o. 

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

how and by whom tal<en and subscribed, . . . 29,30,31,35 

forms of 29, 30, 35 

Quakers may affirm, 31, 35, 36 

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

Objects of government, " 3, G 

Offences and crimes, prosecutions for, regulated, .... 7 

Office of trust, person convicted of bribery, etc., not to hold, . . 32 
Office, rotation in, right secured, 6 



INDEX TO THE CONSTITUTION. 61 

Page 

Office, all persons having the prescribed qualifications equally eli- 

ilil)le to, 6 

no person cligilile to, unless they can read and write, . . 44 
Offices, plurality of, prohibited to governor, lieutenant-governor and 

judges, 31,36 

incompatible, 31, 32, 36 

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

of, 11 

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

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

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

33 

21 

. 22, 35 

5 

22 



Officers of former government, continued, . 
Officers of the militia, election and appointment of, 

removal of, 

Officers and magistrates, accountable to the people, 
Organization of the militia, .... 



P. 

Pardon of offences, governor with advice of council may grant, but 

not before conviction, 21 

People, to have the sole right to govern themselves as a free, 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, 14 

Plurality of offices, 31 

of votes, election of civil officers by, 41 

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

Polls, ratable, census of, 38 

Preamble to constitution, 3 

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

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

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, . . 82 

partially abolished, 41 

of governor, annulled, 48 

Prosecutions for crimes and ofiences regulated, .... 7 



62 INDEX TO THE CONSTITUTION. 

Page 
Provincial laws, not i-epuguaut 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 liaviug the prescribed qualifications equally eli- 
gible, 6 

Public notary (see Notary pulilic). 

Public religious worship, right and duty of, 4 

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



Q. 



Quakers, may make affirmation, 31,35 

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

the legislature, 32 

Qualification, property, of governor, abolished, .... 48 

Qualification, property, partially abolished, 41 

Qualifications of a voter, 13, 17, 34, 44, 46, 47, 48 

of governor, 18,43 

of lieutenant-governor, 23, 43 

of councillors, 41,43 

of senators, 15, 40, 46 

of representatives, o . .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, 16, 4G, 48 

of house of representatives, 17, 45, 48 

R. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, 44 

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

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

signed by members present, 25 

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

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

to be established by law, 5, 38 

Religious societies, may elect their own pastors or religious teachers, 6, 38 

membership of, defined 38 



INDEX TO THE CONSTITUTION. 63 

Pago 

Roligious Avorship, public, right and duty of, and protection therein, 4 

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

worsliip, . . . . . . . . = 4, 5, 38 

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

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

Returns of votes, 13, 19, 42, 43 

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

s. 

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

poll tax, 48 

Salary, a stated and honora])le salarj- to be established for the gov- 
ernor, ........... 23 

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

if not sufficient, 9, 23 

School moneys, not to be appropriated for sectarian schools, . . 44 
Seal, great, of the commonwealth to be affixed to all commissions, . 32 

Search, seizure and arrest, right of, regulated, 7 

Secretary of the commonwealth, to be chosen bj^ the people annually 

in November, . . . • 2"), 43 

to hold office for one year from third Wednesday in January 

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

joint ballot of the legislature from the people at large, . 43 

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

not eligible, unless an inhabitant of the state for fi-se years 

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified mthin ten days, 43 

records of commonwealth to be kept in office of , . . . 2G 

may appoint deputies, for whose conduct he shall be account- 
able, 26 

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

by deputies, as they shall require, 26 

to attest all commissions, 32 

t/?' 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. 



12, 



Sectarian schools, not to he maintamed at pnhlic expense. 
Selectmen, to preside at town meetings, elections, etc.. 

Self-government, right of, asserted, 

Senate, the first branch of the legislature, .... 
to consist of forty members, apportionment, etc., . 

to be chosen annually, 

governor and at least five coimcillors, to examine and count 

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

to be final judges of elections, returns and qualifications of 

then* own members, 

A-acancy to be filled by election, by people of the district, upon 
order of majority of senators elected, . . . . 

qualifications of a senator, 

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

shall try all impeachments, 

quorum of, . . . . . . . . , .16, 

may punish for certain offences ; trial may be b}^ committee, . 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, 

may I'equire the opinions of the justices of the supreme 
judicial court upon important questions of law, and upon 

solemn occasions, 

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

resolve, at large on records, .... 
districts, forty in number, to be of adjacent territory, and to 

contain, as near as may be, an equal number of voters, 
apportionment based upon legal voters, .... 
Sheriffs, elected by the people of the several counties. 
Silver, value of money mentioned in the constitution to be computed 

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

consent of owner, 

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

tax, ... 

Solicitor-general, 

Standing armies, dangerous to liberty and not to be maintained with 

out consent of the legislature, .... 
State or body politic, entitled, — The Commonwealth of Massachusetts 
Supreme judicial court, judges to have honoral)le salaries fixed by 
standing laws, and to hold office during good behavior, 
to give opinions upon important questions of law, etc. , when 
required by either branch of the legislature or by the gov 

ernor and council, 

not to hold certain other offices, 

Sureties of bail, excessive, not to be I'equired 



44 

13 

5 

10, 13 

39, 40 

13 

14 

14 

15, 4G 
15, 41 

15 

15 

15, 17 

4G, 48 

18 

2G 



26 

10 

46 

46 

21, 44 



48 

21 



10 
9, 23 



26 

31, 36 

9 



INDEX TO THE CONSTITUTION. 65 

T. 

Page 

Taxation should be founded on consent, G, S 

Taxes, not to he levied witliout the consent of the people or their 

representatives, 8 

may be imposed by the lei;;islatnre, 12 

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

years, X2 

Tenure that all commission officers shall by law have in their offices, 

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

Tests abolished, 36 

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

Title of governor to be, — His Excellency, 18 

Title of lieutenant-governor to be, — His Honor, .... 23 
Town clerk, to make record and return of elections, .... 13 

Town meetings, selectmen to preside at, 13 

Town representation in the legislature, 16,39,40 

Towns, voting precincts in, 47 

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

Treason and felony, no subject to be declared guilty of, by the 

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

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

in November, 25, 26, 43 

to hold office for one year from third Wednesday in January 

next thereafter and until another is chosen and qualitied, . 43 
manner of election, etc., same as governor, .... 43 
not eligible, unless an inhabitant of the state for five yeai-s 

next preceding election or appointment, .... 43 
no man eligible more than five years successively, . . . 25, 26 
in failure of election by voters, or in case of decease of person 
elected, vacancy to be filled by joint ballot of legislature 
from tlie two persons having the highest number of votes 

at November election, 43 

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

Treasury, no moneys to be issued fi-om, but upon the warrant of 

governor, except, etc., 22 

Trial by jui*y, right to, secured, 7 

guaranteed in ci'imiual cases, except in army and navy, . . 7 



66 INDEX TO THE CONSTITUTION. 

U. 

Page 
University at Cambridge, 27, 28, 47 

Y. 

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

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

be exercised by the council, 25 

Vacancy in the council, to be filled 1)y the election of a resident of the 
district by concurrent vote of the senate and house ; if 
legislature is not in session, to be filled by governor with 

advice of the council, 42, 47 

Vacancy in the senate to be filled by election by the people upon the 

order of a majority of senators elected, . . . . 15, 4G 

V'acancy in office of secretary, treasurer, auditor and attorney -gen- 
eral, caused by decease of person elected, or failure to 
elect, miled by joint ballot of legislature from the two 
persons having highest number of votes at November 
election, .......... 43 

occurring during session of legislature, filled by joint ballot 

of legislature from people at lai'ge, 43 

occurring when legislature is not in session, to be filled Ijy 

governor, by appointment, with advice of council, . . 85, 43 
Vacancy in militia office, filled by governor and council, if electors 

neglect or refuse to make election, 21,22 

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

least, 12 

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

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

have served in the army or navy in time of war, etc. , . 48 
male citizens, twenty-one years of age, who have resided in 
the state one year, and within the town or district six 
months, who have paid a state or county tax within two 
years next preceding the election of state officers, and 
such as are exempted l)y law from taxation, but in other 
respects qualified, and who can write tlieir names and 
read the constitution in the English language, . . 17, 34, 44 
the basis upon which the apportionment of representatives 

to the several counties is made, ..... 44 

basis of apportionment of senators, . . . . . 4G 

census of voters to be talcen in 18()5, and every tenth year after, 44, 40 

Votes, returns of 13, 19, 42, 43 

plurality of, to elect civil otlicers, 41 

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 67 



Page 
Worship, public, tlic i*ia:ht and duty of all men, .... 4 

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended l)y 

legislature, except for a limited time, 32 

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

l)y the clerk, 32 

Writing and reading, necessary qualifications for voting, or holding 

office, 44 

Y. 

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



ACTS AN"D EESOLVES 



MASSACHUSETTS. 



1893. 



g^^ The General Court of the year eighteen hundred and ninety-three 
assembled on "Wednesday, the fourth day of January. The oaths of office 
were taken and subscribed by His Excellency William E. Russell, and 
His Honor Roger "Wolcott, on Thursday, the fifth day of January, in 
the presence of the two Houses assembled in convention. 



ACTS. 



Ax Act making ax appropriation for expenses in connec- (JJkij), 1, 

TION WITH THE FUNERAL OF THE LATE EX-OOVERNOR BENJAMIN 



F. BUTLER. 



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

Section 1. There shall be appropriated from the treas- Appropriaiion 

, ^^ , , ,. , ,. for expenses at 

ury oi the Commonwealth trom the ordinary revenue, a tuneiai of 
sum not exceeding four thousand dollars, for the purpose Butier'."" 
of paying certain expenses in connection with the funeral 
of the late Benjamin F. Butler, formerly g. ivernor of this 
Commonwealth, as provided for by a resolve passed by 
the present legislature. 

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

Approved January 16, 1893. 



Ax Act to authorize the town of west tisbury to receive (JJk^j)^ 2. 

ITS proportion of the income of the MASSACHUSETTS SCHOOL 
FUND. 

Be it enacted, etc., as follows: 

Section 1. The town of West Tisbury shall receive To sharp in 

ji ,• r> J.1 • i z' ii • ly J.^ t\ r distribution of 

the proportion or the moiety or the income or tlie Massa- income of 
chusetts school fund for the year eighteen hundred and *°''°°' ^""'^* 
ninety-two, to be distriliuted to towns on the twenty-fifth 
day of January in the year eighteen hundred and ninety- 
three, in the same manner and to the same amount said 
town would have received if incorporated in time to make 
the returns prescribed by law. 

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

Approved January 25-, 1893. 



678 



Acts, 1893. — Chap. 3. 



Chap. 3. 



Appropriations 



Senators, com- 
peusalion. 



Mileage. 



Travelling 
expenses. 

Kepresenta- 
tives, compensa- 
tion. 

Mileage. 



Travelling 
expenses. 

Chaplains. 



Senate and 
house, clerks. 



Assistant 
clerlis. 



Clerical 
assi:itauce. 



8ergeant-at- 
arms. 

Clerk. 



Doorkeepers. 



Postmaster, 
messeugeis, 
pages, eic. 



Contingent 
expenses. 



An Act makixg appropriations for the compensation, mile- 
age AND TRAVEL OF THE MEMBERS OF THE LEGISLATURE, FOR 
THE COMPENSATION OF OFFICERS THEREOF, AND FOR EXPENSES 
IN CONNECTION THEREWITH. 

Be it enacted^ etc. , as follows : 

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

For the compensation of senators, thirty thousand seven 
hundred and fifty dollars. 

For the mileage of senators, a sum not exceedino- four 
hundred and fi'ty dollars. 

For the travelling expenses of senators, a sum not ex- 
ceeding three thousand dollars. 

For the compensation of representatives, one hundred 
and eighty thousand seven hundred and fifty dollars. 

For the mileage of representatives, a sum not exceed- 
ing twenty-five hundred dollars. 

For the travelling expenses of representatives, a sum 
not exceeding twenty thousand dollars. 

For the compensation of the chaplains of the senate and 
house of representatives, throe hundred dollars each. 

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 ]:)ublic business, a sum not exceed- 
ing three thousand dollars. 

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

For the salary. of the clerk of the scrgeant-at-arms, 
eighteen hundred d' liars. 

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

For the compensation of the assi>tant doorkeepers, post- 
master, messengers and pages to the senate and house of 
representatives, a sum not exceeding twenty-four thousand 
one hundred dollars. 

For contingent expenses of the senate and house of rep- 



Acts, 1893. — CnArs. 4, 5. 079 

resentatives, and necessary expenses in and about the state 
house, a sum not exceedino; seven thousand dolhirs. 

For the payment of postage and expressage on docu- rostaee, etc., on 

, . , f a\ 1 i J. • 1 1 documents Bent 

ments sent to members or the general court, to include lo members. 
expenses incurred in packing the same, a sum not exceed- 
ing fifteen hundred dolhirs. 

For expenses of summoning: witnesses before commit- Committees, 

I o witneseea. 

tees, and for fees for such witnesses, a sum not exceeding 
two hundred dollars. 

For authorized expenses of committees of the present Expenses. 
legislature, to include clerical assistance to committees 
authorized to employ the same, a sum not exceeding fifteen 
thousand dollars. 

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

Approved January 26, 1893. 

An Act making appropkiations for the payment of state QJinjy 4 

AND MILITARY AID AND FOR EXPENSES IN CONNECTION THERE- ^ 

'^^^TH. 
Be it enacted^ etc. , as folloios : 

Sectiox 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes speci- 
fied, to meet expenses for the year ending on the thirty- 
first day of December in the year eighteen hundred and 
ninety-three, to wit : — 

For reimbursement to cities and towns for money paid state and miii. 

•^' ^ tciry aid, reiin- 

on account of state and military aid to Massachusetts vol- bursemeut. 
unteers and their families, a sum not exceeding five hun- 
dred and fifty-five thousand dollars, the same to be paid 
on or before the first day of December in the year eighteen 
hundred and ninety-three. 

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 January 27, 1893. 



Cliaj). 5. 



An Act making appropriations for the maintenance of the 

JUDICIAL department OF THE GOVERNMENT DURING THE PRES- 
ENT YEAR. 

Be it enacted, etc., as follows : 

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



680 



Acts, 1893. — Chap. 5. 



wealth from the ordinary revenue, for the purposes speci- 
fied, to meet expenses for the year ending on the thirty- 
first day of December in the year eighteen hundred and 
ninety-three, to wit : — 



Supreme judi- 
cial court, chief 
justice. 

Associate 
justices. 

Clerk. 



Clerical 

aKsistance. 



Expenses. 



Reporter of 
decisions. 



Officers and 
messenger. 



Clerk for 
Suffolk. 



SUPREME JUDICIAL COURT. 

For travelling expenses of the chief justice of the su- 
preme judicial court, five hundred dollars. 

For travelling ex}>enses of the six associate justices of 
the supreme 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 
dollars. 

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

For the salary of the reporter of decisions of the supreme 
judicial court, four thousand dollars ; and for clerk hire 
and incidental expenses of the reporter, two thousand dol- 
lars. 

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 Suifolk, fifteen hundred dollars. 



Superior court, 
chief justice. 

Associate 

justices. 



Ex-chief justice, 
retired. 



SUPERIOR COURT. 

For the salary and travelling expenses of the chief 
justice of the superior court, sixty-five hundred dollars. 

For the sahuies and travelling expenses of the fifteen 
associate justices of the superior court, ninety thousand 
dollars. 

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



Probate and 
insolvency, 
judge, Suffolk. 

Middlesex. 



Worcester. 



COURTS OF PROBATE AND INSOLVENCY. 

For the salary of the judge of probate and insolvency 
for the county of Suffolk, five thousand dollars. 

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

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



Acts, 1893. — Chap. 5. 681 

For the siihiiy of the judiie of i)r()bate and insolvency Essex. 
for the county of Essex, thiity-tive hundred dollars. 

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

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

For the salary of the judge of probate and insolvency Plymouth. 
for the county of Plymouth, two thousand dollars. 

For the i^alary 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-tive 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 Franklin. 
for the county of Franklin, fourteen hundred dollars. 

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

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

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

For the compensation of judges of probate and insol- ^" ?^t ,^!.l'^h 

I JO J . ness or vacancy. 

vency acting for judges of probate and insolvency in other 
counties, where the judge of said county is sick or the 
office vacant, a sum not exceeding three thousand dollars. 

For the salary of the register of probate and insolvency f^T^l^^' 
for the county of Suffolk, three thousand dollars. 

For the salary of the register of pi obate and insolvency Middlesex. 
for the county of Middlesex, twenty-two hundred dollars. 

For the salary of the register of probate and insolvency Worcester. 
for the county of Worcester, two thousand dollars. 

For the salary of the register of probate and insolvency Essex. 
for the county of Essex, two thousand dollars. 

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

For the salary of the regi-ter of probate and insolvency Bristol. 
for the county of Bristol, eighteen hundred dollars. 

For the salary of the register of probate and insolvency Plymouth. 
for the county of Plymouth, fifteen hundred dollars. 

For the salarv of the register of probate and insolvency Hampden. 
for the county of Hampden, eighteen hundred dollars. 

For the salary of the register of probate and insolvency Hampshire. 
for the county of Hampshire, fourteen hundred dollars. 



082 



Acts, 1893. — Chap. 5. 



BerkBhire. 

Franklin. 
Barnstable. 
Nantucket. 
Dukes County. 



Assiptant regis- 
ter, Suffolk. 



Worcester. 



Norfolk. 



Clerk, Suffolk. 



Clerical assist- 
ance, Suffolk. 



Middlesex. 



Essex. 



Bristol. 



Worcester. 



For tne 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 dol- 
lars. 

For the salary of the assistant register of probate and 
insolvency for the county of Suffolk, twenty-eight hun- 
dred dollars. 

For the salary of the assistant register of probate and 
insolvency for 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 of 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 Suffolk, fifteen hundred 
dollars. 

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

For extra clerical assistance to the register of probate 
and insolvency for the county of Essex, a sum not ex- 
ceeding one thousand dollars. 

For extra clerical assistance to the register of probate 
and insolvency for the county of Bristol, a sum not ex- 
ceeding four hundred dollars. 

For extra clerical assistance to the register of probate 
and insolvency for the county of Worcester, a sum not 
exceeding thirteen hundred and fifty dollars. 



Acts, 1893. — Chap. 5. G83 

For extra clerical assistance to the register of pr()l)ate Plymouth. 
and insolvency for the county of Plymouth, for the 
purpose of arranging and indexing the files and records in 
his office, a sum not exceeding two hundred and fifty 
dollars. 

For extra clerical assistance to the register of probate Hampshire. 
and insolvency for the county of Hampshire, for the pur- 
pose of arranging and indexing the files and records in his 
office, a sura not exceeding six hundred dollars. 

For extra clerical assistance to the courts of probate in the several 
and insolvency in the several counties of the Common- B°uff"oik!' ^^'^^^ 
wealth, excepting Suflt'olk 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. °^^' 

For the salary of the first assistant district attorney for First assistant. 
Suffolk district, thirty-three 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- 

DGV DorthsrD 

di>trict, twenty-four hundred dollars. district. 

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- ^?"t^|'Jt';''"° 
eastern district, twenty-one hundred dollars. 

For the salary of the district attorney for the southern southern 

district. 

district, twenty-two hundred dollars. 

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

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

For the salary of the district attorney for the north- ^j^^^j'^.^*'^'*"" 
western district, thirteen hundred and fifty dollars. 

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

Ap2^'>'oved January 31, 1893. 



684 



Acts, 1893. — Chap. 6. 



Appropriations. 



ChCin. 6. ^^ ^Cf MAKING APPROPRIATIONS FOR IXCIDEXTAL AND CONTIN- 
GENT EXPENSES OF THE LEGISLATIVE AND EXECUTIVE DEPART- 
MENTS OF THE COMMONAVEALTII. 

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 speci- 
fied, to meet expenses for the year ending on the thirty- 
first day of December in the year eighteen hundred and 
ninety-three, to wit: — 



Senate, station- 
ery. 

House of repre- 
sentatives, sta- 
tionery. 



Sei'geant-at- 
arma, station- 
ery, etc. 



Incidental 
expenses. 



LEGISLATIVE DEPARTMENT. 

For stationery for the senate, purchased by the clerk, a 
sum not exceeding nine hundred dolhirs. 

For stationery fir the bouse of representatives, pur- 
chased by the clerk, a sum not exceeding sixteen hundred 
dollars. 

For books, stationery, postage, printing and advei'tis- 
ing, ordered by the sergeant-at-arms, a sum not exceed- 
ing six hundred dollars. 

For incidental and contingent expenses of the sergeant- 
at-arms, a sum not exceeding three hundred dollars. 



Executive 

department, 

expenses. 

Postage, print- 
ing, etc. 

Governor and 
council. 



Executive 
couucil. 



Secretary of the 
Commonwealth. 



Treasurer and 
receiver gen- 
eral. 



Auditor of the 
Commonwealth. 



EXECUTIVE DEPAIIT3IENT. 

For contingent expenses of the executive department, 
the sum of three thousand dollars. 

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

For travelling and contingent expenses of the governor 
and council, a sum not exceeding twenty-five hundred 
dollars. 

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 
exceedinoj one thousand dollars. 



Acts, 1893. — Chap. 7. 685 

For books, stationery, postage, printing and other Auoineygen. 
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 
eiiiht hundred dollars. 



STATE HOUSE EXPENSES, ETC. 

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

For fuel and lights for the state house, a sum not exceed- ^ueiand lights. 
ing seven thousand dollars. 

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

For rent of house numbered thirteen Beacon street, for No. is Beacon 
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 f"a°i.g"e*tc. 
repairs to same, services of janitor and other necessary 
expenses at house numbered thirteen Beacon street, a sum 
not exceeding three thousand dollars. 

For the compensation of the men employed to run the state house, 
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. 

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

Approved January 31, 1893. 



An Act to change the name of the trustees of mount (JJidyj^ 7. 

HOLYOKE SEMINARY AND COLLEGE. 

Be it enacted, etc., as follows : 

Section 1. The name of The Trustees of Mount Name changed. 
Holyoke Seminary and College is hereby changed to The 
Trustees of Mount Holyoke College. 

Section 2. All devises, bequests, conveyances and ^est'fn The°" ^° 
gifts heretofore or hereafter made to said corporation by Trustees of 
either of said names shall vest in The Trustees of Mount couege. 
Holyoke College. 

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

Approved January 31, 1893. 



086 



Acts, 1893. — Chap. 8. 



Chap. 8. ^^ A.CT MAKIXG APPROPRIATIONS FOR THE MAINTEXAXCE OF THE 

GOVERXMEXT FOR THE PRESENT YEAR. 

Be it enacted, etc., as follows: 
AppropriationB. SECTION 1. The sums hereinafter mentioned are 
appropnatecl, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, except as herein 
provided, for the purposes specified, to meet expenses for 
the year ending on the thirty-first day of December in 
the year eighteen hundred and ninety-three, to wit : — 



Lieutenant- 
governor and 
couucil. 



Executive 
couucil. 

Private secre- 
tary. 

Executive clerli, 

Stenographer. 

Messenger. 



EXECUTIVE DEPARTMENT. 

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

For travelling expenses of the executive council, a sum 
not exceeding one thousand 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 stenographer, a sum not 
exceeding one thousand dollars. 

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



Secretary. 
First clerk. 
Second clerk. 
Third clerk. 
Cashier. 



Extra clerks 
messenicer. 



SECRETARY S DEPARTMENT. 

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

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

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

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

For the salary of a cashier in the department of the sec- 
retary of the Commonwealth, a sum not exceeding fifteen 
hundred dollars. 

For a messenger and such additional clerical assistance 
as the secretary may find necessary, a sum not exceeding 
thirteen thousand dollars. 



Acts, 1S93. — Chap. 8. 68'i 



TREASURER AND RECEIVER GENERAL'S DEPARTMENT. 

Yor the sjilrtiy of the treasurer and receiver general, five Treasurer, 
thousand dollars. 

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

For the salary of the second clerk in the treasurer's Second eierk. 
department, two thousand dollars. 

For the salary of the cashier in the treasurer's depart- CasWer. 
ment, two thousand dollars. 

For the salar^^ of the third clerk in the treasurer's depart- ^^^"^ '='®'"'^- 
ment, fourteen hundred dollars. 

For the salary of the fund clerk in the treasurer's depart- ^""'^ '^''^'''^• 
ment, fourteen hundred dollars. 

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

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

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

For the salary of the deputy sealer of weights, measures Deputy sealer of 

, , O ' Weights Hnd 

and balances, twelve hundred dollars. meaBures. 

auditor's DEPARTMENT. 

For the salary of the auditor of the Commonwealth, ^"<^''o»"- 
thirty-five hundred dollars. 

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

For the salary of the second clerk in the auditor's depart- ^^'^'^^^ '^'«"'^- 
ment, two thousand dollars. 

For the salaries of the three extra clerks in the auditor's Extra clerks. 
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-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. 



Attorney-gen- 
eral. 



First assistant. 



Second assist- 
ant. 



G88 



Acts, 1893. — Chap. 8. 



state house, 
engineer. 

"Watchmen. 



Sergeant at- 
arms, messen- 
gers. 



Firemen and 
janitor. 



Assistant fire- 
man. 



STATE HOUSE, ETC. 

For the salary of the engineer at the state house, fifteen 
hundred dollars. 

For the salaries of the two watchmen at the state house, 
one thousand dollars each. 

For the salaries of the three messeuirers to the seroeant- 
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. 



Tax commis- 
sioner. 

First clerk. 
Second clerk. 
Extra clerks. 



Commissioners 
of savings 
banks, chair- 
man. 
Associate 
commissioners. 

First clerk. 



Second clerk. 



Insurance 
commissioner. 

Deputy insur- 
ance commis- 
Bjoner. 

First clerk. 



Second clerk. 



Third clerk. 



COMMISSIONERS AND OTHERS. 

For the salary of the tax commissioner and commissioner 
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 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, two thousand 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 commis- 
sioner, two thousand dollars. 

For the salary 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. 



Acts, 1893. — Chap. 8. C89 

For such additionnl clerks and assistants as the insur- Extra cicrks 
ance commissioner may nnd necessary lor the despatch oi 
public business, a sum not exceeding fourteen thousand 
four hundred and fifty dollars. 

For the salary of the inspector of gas meters, two thou- inspector of 

Till " gas meters. 

sand dollars. 

For the salary of the assistant inspector of gas meters, Assistant 
twelve hundred dollars. ius^^aor. 

For the salary of the secretary of the commissioners of ot°pr"onl°°^'^^ 
prisons, twenty-five hundred dollars. secretary.' 

For clerical assistance in the otfice of the commissioners clerical 
of prisons, a sum not exceeding twenty-five hundred dol- ''^^'"''°'=®' 
lars. 

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

For the salary of the aijent foraidinof discharo^ed female Agent for aiding 

, •- ,. 1 1 J 1 i discharged fe- 

prisoners, a sum not exceeding seven hundred and sevent}^- maie prisoners. 
five dollars. 

For the salaries of the railroad commissioners, eleven Railroad 

.■I 1111 commissioners. 

thousand dollars. 

For the salary of the clerk of the railroad commission- cierk. 
ers, twenty-five hundred dollars. 

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

For the salary of the assaver and inspector of liquors, Assayerand 

'^^ *' I -i ' inspector of 

twelve hundred dollars. iiquors. 

For the salary of the chief of the bureau of statistics of ucTonalorf "'' 
labor, twentj'-five hundred dollars. '='"'^^- 

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

For the salary of the second clerk of the bureau of sta- Second cierk. 
tistics of labor, fifteen hundred dollars. 

For such additional clerical assistance and for such Extracierks, 

rt • . etc. 

expenses of the bureau of statistics of labor as may 
be necessary, a sum not exceeding five thousand dol- 
lars. 

For expenses in connection with the annual collection statistics of 

n . .• ^- n n , . f ' . mauulacturcs. 

ot statistics 01 manufactures, a sura not exceeding sixty- 
five hundred dollars. 

For the salaiy of the commissioner of state aid, ap- Cornmipsioner 
pointed by the governor and council, twenty-five hundred 
dollars. 

For clerical assistance, salaries and expenses of asrents, clerical aesist- 

11 f ^ - ' ^ auce, etc. 

and other necessary expenses ot the commissioners ot state 



090 



Acts, 1893. — Chap. 8. 



Harbor and land 
commissioners. 

Engineer, etc. 



Civil service 
commission. 



Gas and electric 
light com- 
missioners. 



Controller of 
county 



Boardof arbitra- 
tion and concili- 
ation. 



Commissioner 
for supervision 
of foreign cor- 
porations. 



State pension 
agent. 



Secretary of 
state board of 
health. 

Commissioner 
of public re- 
cords. 



Commissioner 
to edit provin- 
cial laws. 



aid, a sum not exceeding seven thousand one hundred and 
sixty dolhirs. 

For the salaries of the harbor and land commissioners, 
five thousand five hundred dollars. 

For the compensation and expenses of the engineer, for 
clerical and other assistants authorized by the harbor and 
land commissioners, a sum not exceeding five thousand 
dollars. 

For the salary of the chief examiner of the civil service 
commission, three thousand dollars; for the salary of the 
secretary of said commission, two thousand dollars ; and 
for the compensation and expenses of the members of the 
civil service connuission, a sum not exceeding two thou- 
sand dollars. 

For the salaries of the gas and electric light commission- 
ers, eight thousand dollars ; and for the compensation and 
expenses of the clerk, and for clerical assistance of said 
commissioners, a sum not exceeding twenty-five hundred 
dolhirs. 

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 dol- 
lars. 

For the compensation of the commissioner for the super- 
vision of foreign corporations engaged in the business of 
sellins: or neffotiatins; bonds, 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 of public records, 
twenty-five hundred dollars ; and for travelling, clerical 
and other necessary expenses, a sum not exceeding twenty- 
three hundred dollars. 

For the salary of the commissioner appointed to edit the 
provincial laws, one hundred and sixty-six dollars and 
sixty-seven cents ; and for the salaries of clerks, and for 
contingent expenses in connection with the preparation 
and publication of the provincial laws, a sum not exceed- 
ing five hundred dollars. 



Acts, 1893. — Chap. 8. 601 



AGRICULTURAL DEPARTMENT. 

For the sal:iry of the secretary of the state board of agri- Bo'»''f> "f 

"^ '^ O agriculture, 

culture, twenty-nve hundred dollars. eecroiary. 

For the salary of the first clerk of the secretary of the cierks. 
state board of agriculture, sixteen hundred dollars ; and 
for the salary of an assistant cleric for said secretary, one 
thousand dollars. 

For other clerical assistance in the office of the secretary Clerical assist- 
of the state board of agriculture, and for lectures before ''"*^®>^"^- 
the board at its annual and other meetings, a sura 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 Assistant to the 
state board of agriculture, to assist in the work of the ^^'''■•^'^'■y- 
state dairy bureau, twelve hundred -dollars. 

EDUCATrONAL DEPARTMENT. 

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

For the salary of the assistant librarian and clerk of the Assistant libra- 
state board of education, three thousand dollars. rian and cierk. 

For such clerical assistance in the state library as the Clerical 
trustees and librarian may find necessary, a sum not ex- ***'^'''°°^- 
ceeding thirty-five hundred dollars. 

For preparinor an index to current events, and such index to current 

^ GVGDIS 6tC 

other matters as may be deemed important by the trustees 
and librarian of the state library, and contained in the 
newspapers of the day, a sum not exceeding one thousand 
dollars. 

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



MILITARY DEPARTMENT. 

For the salary of the adjutant general, thirty-six hun- Adjutant gen. 
dred dollars. ^'■'''• 

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



692 



Acts, 1893. — CnAr. 9. 



Second clerk. 



Additional 
clerk. 



Extra clerks. 
Messenger. 



Clerical aasist- 
ance, etc. 



Surgeon gen- 
eral. 



Military and 
naval historian, 



For the salary of the second clerk in the adjutant gen- 
eral's department, sixteen hundred dollars. 

For the salary of an additional clerk in the adjutant 
general's department, sixteen hundred dollars. 

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

For the salary of a messenger in the adjutant general's 
department, eight hundred dollars. 

For such additional clerical assistance as the adjutant 
general may find necessary, and for compenstition of 
employees at the state arsenal, a sum not exceeding five 
thousand five hundred dollars. 

For the salary of the surgeon general, twelve hundred 
dollars. 

For the salary of the state military and naval historian, 
two thousand dollars ; and for clerical assistance and 
other necessary expenses of said historian, a sum not 
exceeding fifteen hundred dollars. 



Arrangement of 
stale records, 
etc. 



Clerical asBiat- 
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 thuusand 
dollars. 

For clerical assistance in the ofi3ce 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. 

Ajiproved January 31, 1893. 



Cliap. 9. 



An Act making ArrROPRiATiONS for salaries and expenses 

OF THE DISTRICT POLICE. 



Be it enacted, etc., asfolloivs: 

Appropriations. SECTION 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
salaries and expenses of the district police during the year 
ending on the thirty-first day of December in the year 
eighteen hundred and ninety-three, to wit : — 

District police, YoY the Salary of the chief of the district police, a sum 
not exceedino; two thousand five hundred dollars. 



Acts, 1893. — Chap. 10. 693 

For the salary of the first cicik in tlie office of the First cicrk. 
chief of the district police, the sum of fifteen hundred 
dollars. 

For the salary of the second clerk in the olfice of the Second cseik. 
chief of the district police, the sum of one thousand dol- 
lars. 

For compensation of the thirty-six members of the dis- Members. 
trict police, a sum not exceeding fifty-three thousand 
dollajs. 

For travellino^ expenses actually paid by members of Travelling 

o 1 J I J expenses. 

the district police, a sum not exceeding twenty thousand 
eight hundn^d dollars. 

For incidental, contingent and office expenses of the incidental and 
chief and members of the district police, a sum not exceed- o^'^e expenses. 
ing two thousand dollars. 

8ectiox 2. This act shall take effect upon its passage. 

Approved January 31, 1893. 

An Act makixg appkopriations for tpie prison and hospital njjffj-x IQ 

LOAN SINiaNG FUND, STATE HOUSE LOAN SINKING FUND, 1901, 
AND THE STATE HOUSE CONSTRUCTION LOAN SINKING FUND. 

Be it enacted, etc., as Jolloios : 

Section 1 . The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes herein 
specified, to wit ; — 

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

For the state house loan sinking fund, due in the year state honse loan 
nineteen hundred and one, as provided for in chapter two "" '°^ 
hundred and twenty-four of the acts of the year eighteen 
hundred and ninety-one, the sum of forty-five thousand 
dollars. 

For the state house constiuction loan sinking fund, as state house con- 
provided for in section eight of chapter three hundred and siuknVgfuud" 
ninety-four of the acts of the year eighteen hundred and 
eighty-nine, being the estimate of the treasurer and re- 
ceiver general, the sum of ninety-two thousand thirty- 
eight dollars and sixty-five cents. 

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

Approved January 31, 1893. 



694 



Acts, 1893. — Chap. 11. 



(7^02^.11 



Appropriations. 



Obstructions in 
tide waters. 



Agricultural 

experiraenl 

Btation. 



Agricultural 
college, free 
scholarsnips. 



Aid to students 
<etc. 



sSchool for the 
feeble-minded. 

School for the 
blind. 

School super- 
intendents. 



Inspection of 
:food and drugs, 



Extraordinary 
-expenses. 



Premiums on 
securities. 



Transportation 
■of state publica- 
tions. 



Ax Act making appkopriations for certain allowances 

AUTHORIZED BY THE LEGISLATURE. 

Be it enacted, etc., asfoUoios: 

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

For expenses in connection with the removal of wrecks 
and other obstructions from tide waters, a sum not exceed- 
ing five thousand dollars. 

c^ ... 

For maintaining an agricultural experiment station at 
the Massachusetts agricultural college, in the town of 
Amherst, the sum of ten thousand dollars. 

For the Massachusetts agricultural college, for the pur- 
pose of providing eighty free scholarships, the sura often 
thousand dollars. 

For the Massachusetts agricultural college, the sum of 
ten thousand dollars, to be expended under the direction 
of the trustees, for the following purposes, to wnt : — five 
thousand dollars for the estal)lishment of a labor fund to 
assist needy students of said college, and five thousand 
dolhirs to provide the theoretical and practical education 
required by its charter and the laws of the United States 
relating thereto. 

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

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

To enable small towns to provide themselves with school 
superintendents, a sum not exceeding 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 ex- 
pended 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 Massachusetts school fund, a sum not exceeding 
fifty thousand dolhirs. 

For expenses of transportation of the state publications 
to the free public libraries in this Commonwealth, by the 
secretary thercot", a sum not exceeding five hundred dollars. 



Acts, 1S93. — Chap. 12. G95 

For the Massachusetts state firemen's association, the state ruemon's 
sum of ten thousand dolhirs. association. 

For the cost of maintenance and operation of the sys- sewage disposal 
tern of sewage disposal lor the cities of Boston, Newton ciues and towns. 
and Waltham, and the towns of Brooklinc and Water- 
town, for the year eighteen hundred and ninety-three, a 
sum not exceeding twenty-six thousand five hundred dol- 
lars 

For building an asylum for the chronic insane, in the Medfteid 
town of Medfield, a sum not exceeding two hundred thou- '"^''"*^ ''^^ ^"^' 
sand dollars, being in addition to the one hundred and 
fifty thousand dollars appropriated by chapter four hun- 
dred and thirty-nine of the acts of the year eighteen hun- 
dred and ninety-two. 

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

Approved January 31, 1893. 



As Act making appropkiatioxs for sundry agricultural 

EXPENSES. 



Chax^. 12. 



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- 
wealth from the ordinary revenue, to meet sundry agri- 
cultural expenses for the year ending on the thirty-first 
day of December in the year eighteen hundred and ninety- 
three, to wit : — 

For bounties to agricultural societies, twenty-one thou- Bounties to 
sand dollars. ^°"^"^^' 

For travelling and other necessary expenses of the Board of 
members of the state board of agriculture, a sum not ex- exponserof 
ceeding nineteen hundred dollars. members. 

For incidental expenses of the state board of a^ricult- Tncidentai 

',. ., 11111 expenses. 

ure, a sum not exceedmg six liundred dollars. 

For travelling and other nece>jsary expenses of the Expenses of 
secretary of the state board of agriculture, a sum not ex- ^'^""^^^''y- 
ceeding five hundred dollars. 

For disseminating useful information in agriculture, by Farmers' 
means of lectures at farmers' institutes, a sum not exceed- '°*'^' "^^*' 
ing seventeen hundred and fifty dollars. 

For travellino^ and other necessary expenses of the Trustees of 

4. i £• ii Vt > • 1 1 11 agricultural 

trustees ot the Massachusetts agricultural college, a sura college. 
not exceedino- five hundred dollars. 



69G 



Acts, 1893. — Chap. 13. 



State dairy 
bureau. 



Prcfervation 
of shade trees, 
etc 



Cnntag;iouB 
diseases amoDg 
aQluiats. 



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

For purchasing nails or spikes to be driven into certain 
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 
among horses, cattle and other animals, a sum not exceed- 
ing live thousand dollars. 

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

Apj^roved February 9, 1893. 



Chap, 13. 



Appropriations. 



Public docu- 
ments. 



Pamphlet edi- 
tion of laws. 



Term reports. 



Blue book 
edition of laws. 



Newspaper 
publication of 
laws, etc. 



Term reports 
furnished to 
new towns. 



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

Be it enacted, etc., as follows: 

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

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

For printing the pamphlet edition of the acts and 
resolves of the present year, for distribution in the Com- 
monwealth, a sum not exceeding three thousand dollars. 

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

For printing and binding the blue book edition of the 
acts and resolves of the present year, with the governor's 
message and other matters in the usual form, a sum not 
exceeding five thousand dollars. 

For the newspaper publication of the general laws and 
all information intended for the public, a sum not exceed- 
ing five hundred dollars. 

For rejoorts of decisions of the supreme judicial court, 
to be furnished to each newly incorporated town by the 
secretary of the Commonwealth, a sum not exceeding five 
hundred dollars. 



Acts, 1893. — CuAr. 13. 697 

For assessors' books and blanks furnished cities and Assessorg' 

hooks aiul 

towns by the secretary of the Commonwealth, a sum not tiauks. 
exceeding one thousand dollars. 

For reiristration books and blanks, indcxlno; returns and J^e'^'sfnt'on 

. . ' . . ^ . books, etc. 

editing the registration report, a sum not exceeding two 
thousand dollars. 

For the purchase of paper for the Commonwealth, used P'^ppr for state 
in the execution ot the contract tor tlie state prmtmg, 
under the direction of the secretary of the Commonwealth, 
a sum not exceeding twenty-seven thousand dollars. 

For printinor ;uid distributing at the public expense bal- P""t'ngand 
lots cast at elections for national, state, district and county ballots. 
officers in the cities and towns in the Commonwealth, a 
sum not exceeding ten thousand dollars. 

For blank forms for town officers, and for laws and p'i«°>8,iawg 

, ' , find instiuciious 

instructions on all matters relating to elections, to be pro- foreiecuous. 
vided by the secretary of the Commonwealth, a sum not 
exceeding one thousand dollars. 

For furnishing cities and towns with ballot boxes, a sum Baiiot boxes. 
not exceeding one thousand dollars. 

For repairs, improvements in and inspection of ballot Baiiotbox 

•I • /•! i-'i n t repairs, tic. 

boxes m the possession ot the several cities and towns or the 
Commonwealth, a sum not exceeding five hundred dollars. 

For providing election officers at each polling place in Blanks and ap. 
the Commonwealth with blank forms and suitable appa- erecuon ouicers. 
ratus for the count and canvass of the votes cast at each 
state, city and town election, a sum not exceeding one 
thousand dollars. 

For furnishing suitable blank books to registrars of ^jfte'i^s""^" °^ 
voters, bj' the secretary of the Commonwealth, a sum not 
exceeding five hundred dollars. 

For collating, indexing and publishing, in a style simi- Eariyiaws. 
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 collating, indexing and publishing the records of Revolutionary 

tT ' o I *^ records. 

the Massachusetts troops of the period of the revolution- 
ary war, a sum not exceeding eight thousand six hundred 
thirty-seven dollars and twenty-five cents, as provided for 
by chapter one hundred of the resolves of the year eight- 
een hundred and ninety-one, the same being the unex- 
pended balance of the amount authorized by chapter four 



698 Acts, 1893. — Chaps. 14, 15. 

hundred and thirty-one of the acts of the year eighteen 
hundred and ninety-one, the appropriation having expired 
by limitation. 
Leeisiative YoY printing and binding ordered by the senate and 

printing and , /• • i 

binding. housG ot representatives, or by concurrent order or the 

two branches, a sum not exceeding twenty-four thousand 
tive hundred dollars. 
Tables and For the preparation of tables and indexes relatinor to 

to the statutes, the statutcs of the present and previous years, under the 
direction of the governor, a sum not exceeding five hun- 
dred dollars. 

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

Approved February 9, 1893, 

QJldT). 14. -^^ ^^^ MAKING AN APPROPRIATION FOR IN~VESTIGATIONS INTO 
THE BEST METHODS OF PROTECTING THE PURITY OF INLAND 
AVATERS. 

Be it enacted, etc., as follows : 

Appropriation. Skction 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-three, to wit: — 

Purity of inland For providing for investigations into the best methods 

Waters, etc. i _ c c 

of assuring the purity of water supplies and disposal of 
sewage, for services of engineers, clerks and other 
assistants, made necessary and authorized by chapter 
three hnndied and seventy-five of the acts of the year 
eighteen hundred and eighty-eight, which requires the 
state l)oard of health to have general care and oversight of 
all inland waters and report measures for preventing the 
pollution of the same ; also for proper disposal of all sew- 
age matter, a sum not exceeding twenty-seven thousand 
dollars. 

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

Approved February 9, 1893. 

CllCtB. 15. -^^ ■^^'^ MAKING APPROPRIATIONS FOR INCIDENTAL, CONTINGENT 
AND MISCELLANEOUS EXPENSES OF THE VARIOUS COMMISSIONS 
OF THE COMMONAVEALTII. 

Be it enacted, etc., as folloivs : 

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



Acts, 1893. — Chap. 15. 699 

we;ilth from the ordinary revenue, for the purposes speci- 
fied, to meet expenses for the year ending on the thirty- 
first day of December in the year eighteen hundred and 
ninety-three, to wit : — 

COMMISSIONERS AND OTHERS. 

For incidental and contingent expenses of the tax com- t^x commis- 

T . . ^ P , . . sioner and com- 

missioner and commissioner ot corporations, a sum not mumonerof 

exceeding thirty-four hundred dollars. ^ _ corporations. 

For expenses of the state valuation, under the direction state vaiuauon. 
of the tax commissioner, a sum not exceeding three thou- 
sand dolhirs. 

For travelling and incidentiil expenses of the commis- commisMorera 
sioners of savings banks, a sum not exceeding thirty- bankL'"^* 
three hundred dollars. 

For incidental and contino-ent expenses in the depart- insurance 

O , 1 '■ .. coinmiBSioner. 

ment of the insurance commissioner, a sum not exceeding 
three thousand dollars. 

For travellino; and other necessary expenses of the har- Hartorand land 

, 111 «• j_ T • commissioners, 

bor and land commissioners, a sum not exceeding six travelling ex- 
hundred dollars. penses. 

For incidental and contingent office expenses of the incidental 
harbor and land commissioners, a sum not exceeding eight 
hundred dollars. 

For the compensation of experts or other agents of the Railroad com- 

I . . ^ *? ,. missionere, 

board ot railroad commissioners, a sum not exceeding agents. 
thirty-eight hundred dollars. 

For rent of office, care of office and salary of messenger Messenger, etc. 
for the board of railroad commissioners, a sum not exceed- 
ing thirty-one hundred dollars. 

For books, maps, statistics, stationery, incidental and Expenses. 
contingent expenses of the board of railroad commission- 
ers, a sum not exceeding two thousand dollars. 

For travellino; and incidental expenses of the inspector itispector and 

. . c> 1. I assistant 

and assistant inspector ot gas meters, a sum not exceed- inspector of gas 
ing six hundred and fifty dollars ; and for such addi- 
tional apparatus as the inspector of gas meters may find 
necessary, a sum not exceeding two hundred and fifty 
dollars. 

For clerical assistance, expenses of examinations, print- civii service 

, '■ . ^ ^ • n commissioners, 

inff of civil service rules and resrulations and other mtor- 
mation for the use of applicants, printing, advertising 
and stationery, care of office and rent of room for regis- 
tration of laborers, travelling and incidental expenses of 



700 



Acts, 1893. — Chap. 15. 



Controller of 
couniy accounts, 



Board of 
arbitration and 
conciliation. 



State board of 
health. 



State pension 
agent. 



Deputy sealer 
of w»-ights, 
measures and 
balances, etc. 



Commissioner 
of foreitjn 
corporations. 



Ballot law com- 
mission. 

Treasurer, tax 
on collateral 
legacies, etc. 



the civil service commissioners, chief examiner and 
secretary, a sum not exceeding nine thousand dolhirs. 

For travelling and office expenses of the controller of 
county accounts, a sum not exceeding fifteen hundred 
dollars. 

For travelling, incidental and contingent expenses of 
the state board of arbitration and conciliation, a sum not 
exceeding thirty four hundred dollars, which shall include 
the compensation of expert assistants. 

For general work of the state board of health, including 
all necessary travelling expenses, a sum not exceeding 
seventy-eight hundred dollars. 

For clerical assistance, travelling expenses, rent, care 
of rooms and other necessary expenses of the state pension 
agent, a sum not exceeding four thousand dollars. 

For travelling and other necessary expenses of the 
deputy se.iler of weights, measures and balances, a sum 
not exceeding five hundred dollars ; and for furnishing 
sets of standard weights, measures and balances to towns 
not heretofore proviiled therewith and to each newly in- 
corporated town, also to provide cities and tow^ns 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, postage, 
travelling and incidental expenses of the commissioner for 
the supervision of foreign corporations engaged in the 
business of selling or negotiating bonds, mortgages, notes 
or other choses in action, a sum not exceeding twenty- 
five hundred and sixty-five dollars. 

For compensation and expenses of the ballot law com- 
mission, a sum not exceeding fifteen hundred dollars. 

For such expenses as the treasurer and receiver general 
may find necessary to carry out the provisions of the act 
imposing a tax on collateral legacies and successions, a 
sum not exceedino; five hundred dollars. 



Inquests, accl- 
denial deiiths on 
railroads. 



Moneys of ccr- 
tain insolvent 
corporationp. 



MISCELLANEOUS. 

For expenses in connection with taking evidence given 
at inquests on deaths by accidents upon steam and street 
railroads, a sum not exceeding two thousand dollars. 

For the payment of unclaimed moneys in the hands of 
the receivers of certain insolvent corporations, after the 
same have been deposited in the treasury of the Common- 
wealth, a sum not exceeding three thousand dollars. 



Acts, 1893. — Chap. 16. 701 

To c.'irry out the provisions of the act relative to the lAmdfl received 
payment from the treasury of the Commonwealth of funds admiulsiraiors. 
received from public administrators, a sum not exceeding 
four thousand dollars. 

For rent of rooms for the use of the civil service com- civii service 
missioners, a sum not exceedmg lourteen hundred and rooms, 
tifty dollars. 

For rent of rooms for the use of the bureau of statistics Burenpof 
of labor and for the services of a janitor, a sum not exceed- labor, rooms, 
ing three thousand dollars. 

For rent of a room for the bureau of statistics of labor Rooms for 
for storage purposes, a sum not exceeding five hundred 
dollars. 

For rent of suitable rooms to be used as a laboratory state board of 

1 1 <• 1 1 1 T f 1 health, labora- 

b}' the state board oi health, a sum not exceedmg nve hun- tory. 
dred dollars. 

For rent of rooms for the use of the controller of county controller of 

•1 Ti -I f f 11 county nc- 

accounts, a sum not exceedmg six hundred and fatty dol- counts, rooms. 
lars. 

For contingent expenses of the bureau of statistics of ftajfeucs^of 
labor, to be expended under the direction of the sergeant- '''^°''> expenses. 
at-arms, a sum not exceeding five hundred dollars. 

For expenses incurred in the construction and repair of Mashpe". 
roads in the town of Mashpee during the year eighteen 
hundred and ninety-two, the sum of three hundred dollars. 

For assistance to the town of Truro in maintainino- a Beach Point 

/. . 1 • 1 1 T-« 1 T-» ■ i ' 1 road in Iriiro. 

section ot its county highway, known as lieach ir^oint road, 
a sum not exceeding five hundred dollars. 

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

Approved February .9, 1893. 

An Act making appropriations for expenses in connection (JJiav.XQ, 

WITH THE PRISONS OF THE COMMONWEALTH AND CERTAIN 
OTHER REFORMATORY EXPENSES. 

Be it enacted, etc., asfolloivs: 

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

For travellino; expenses of the commissioners of prisons, Commissioners 

O I f • -t • ' of prisons, trav- 

and of the secretary and agents of said commissioners, a eiiing expenses. 
sum not exceeding twenty-five hundred dollars. 



702 



Acts, 1893. — Chap. 17. 



Incidental 
expenses. 



For incidental and contingent expenses of the commis- 
sioners ot prisons, a sum not exceeding twelve hundred 
dollars. 

For expenses incurred in removing prisoners to and 
from state and county prisons, a sum not exceeding nine 
hundred dollars. 

For aiding j)risoners discharged from the Massachusetts 
reformatory at Concord, a sum not exceeding five thou- 
sand dollars. 

For the salary of the agent for aiding prisoners dis- 
charged from the state prison at Boston, the sum of one 
thousand dollars ; and for expenses of said agent, a sura 
not exceeding three thousand dollars, to be used in ren- 
dering assistance to said prisoners. 

For expenses of the agent for aiding discharged female 
prisoners discharged from the prisons of the Common- 
wealth, including assistance rendered to said prisoners, a 
sum not exceeding three thousand dollars. 

For travelling and other necessary expenses of the trus- 
tees of the state primary and reform schools, a sum not 
exceeding one thousand dollars. 

For the support of Sarah J. Robinson, a prisoner in the 
jail at Lowell in the county of Middlesex, a sum not 
exceeding four hundred dolhirs. 

For expenses incurred in the arrest of fugitives from 
justice, a sum not exceeding two thousand dollars. 

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

Approved February .9, 1893. 

Chap.VI. Ax Act making appropkiations for salaries and expenses 

AT THE REFORMATORY PRISON FOR WOMEN AT SUERBORN. 

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 reformatory prison for women 
at Sherborn, during the year ending on the thirty-first day 
of December in the year eighteen hundred and ninety- 
three, to wit : — 

For the payment of salaries and wages at the reforma- 
tory prison for women at Siierborn, a sum not exceeding 
twenty-four thousand dollars ; and for other current ex- 
penses at said institution, a sum not exceeding thirty-one 
thousand dollars. 



Removal of 
prisoners. 



Aiding 
prisoners. 



Agent for aidint 
prisoners dis- 
charged from 
state prison. 



Agent foraidinc 
discliarged fe- 
male prisoners. 



State primary 
and reform 
schools. 



Sarah J. 
Uobinson. 



Arrest of 
fugitives from 
justice. 



Appropriations, 



Reformatory 
prison for 
women, 
expenses. 



Acts, 1893. — Chaps. 18, 19, 20. 703 

For the town of Framingham, toward the annual expense Sewaee 
of maintaining and operating the system of sewage disposal "*''°*'* • 
at the reformatory prison for women, the sum of six hun- 
dred dolhirs. 

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

Approved February 9, 1893. 

An Act making an appropriation for current expenses at Q/idj)^ 28. 

THE MASSACHUSETTS HOSPITAL FOR DIPSOMANIACS AND INEBRI- 
ATES. 

Be it enacted, etc., as follows : 

Section 1. The sum hereinafter mentioned is appro- Appropriation. 
priated, to lie paid out of the treasury of the Common- 
wealth from the ordinary revenue, to meet the necessary 
expenses in excess of any income at the Massachusetts 
hospital for dipsomaniacs and inebriates at Foxborough, 
during the year ending on the thirty-first day of December 
in the year eighteen hundred and ninety-three, to wit : — 

For the payment of current expenses at the Massachu- Hoppitai for 
setts hospital for dipsomaniacs and inebriates, a sum not auu iuebriates. 
exceeding twenty-nine thousand dollars. 

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

Apjjroved February 9, 1893. 



Chap. 19. 



An Act making an appropriation for the commonwealth's 

FLATS improvement FUND. 

Be it enacted., etc., as follows : 

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

For the Commonwealth's flats improvement fund, for Common- 
tbe purpose of continuing the improvements in the Com- iTiipVovement 
mon wealth's flats at South Boston, a sum not exceeding ^""^" 
ninety-five thousand dollars. 

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

Approved February 9, 1893. 

An Act making appropriations for salaries and expenses njinr), 20. 

AT THE MASSACHUSETTS REFORMATORY AT CONCORD. 

Be it enacted, etc., as follows : 

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



701 



Acts, 1893. — Chap. 21. 



Massachusetts 
reformatory. 



wealth from the ordinary revenue, for the payment of 
salaries and expenses at the Massachusetts reformatory at 
Concord, during the year ending on the thirty-first day of 
December in the year eighteen hundred and ninety-three, 
to wit : — 

For the payment of salaries at the Massachusetts re- 
formatory at Concord, a sum not exceeding sixty-nine 
thousand dollars ; for salaries and wages of instructors, 
teachers and other employees, a sum not exceeding twenty 
thousand dollars ; and lor other current expenses at said 
institution, a sum not exceeding one hundred and eight 
thousand and eight hundred dollars. 

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

Approved February 9, 1893. 



Chap. 21. 



Appropriations. 



General super, 
intendent of 
prisons, salary. 

Clerical assist- 
ance. 

Travelling 
expenses. 



Incidental 
expenses. 



Industries, 
State prison. 



Massachusetts 
reformatory. 



An Act making appropriations for carrying out the pro- 
visions OF THE ACT RELATING TO THE EMPLOYMENT OF LABOR 
IN THE PRISONS OF THE COMMONWEALTH. 

Be it enacted^ etc., as folloivs : 

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 purpose of 
canying 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-three, 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 superintend- 
ent of prisons, a sum not exceeding five hundred dol- 
lars. 

For incidental and contingent expenses of the general 
superintendent of prisons, including rent of office, a sum 
not exceeding fifteen hundred dollars. 

For maintaining industries at the state prison at Boston 
a sum not exceeding one hundred and forty thousand dol- 
lars. 

For maintaining industries at the Massachusetts reform- 
atory, a sum not exceeding forty-five thousand dollars. 



Acts, 1893. — Chaps. 22, 23. 705 

Foi' maintaining industries at the reformatory piison for Reformatory 
women, a sum not exceeding four thousand dolhirs. women!"' 

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

Approved February 9, 1893. 

An Act makdjg appkopkiations for salaries and expenses ni^r.^^ OO 

AT THE STATE ALMSHOUSE AT TEWKSBLRY. ^ ' 

Be it enacted, etc, as follows : 

Sectiox 1. The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Conmion- 
Avealth from the ordinary revenue, for the payment of 
salaries and expenses at the state almshouse at Tewks- 
bury during the year ending on the thirty-first day of 
December in the year eighteen hundred and ninety-three, 
to wit : — 

For the payment of salaries, wages and labor at the state aims- 
state almshouse atTewksbury, a sum not exceeding thirty- ^°^^^- 
one thousand dollars ; and for other current expenses at 
said institution, a sum not exceeding ninety-two thousand 
five hundred dollars. 

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

Approved February 9, 1893. 

An Act relative to temporary loans by cities and towns. Hhfjjy OQ 
Be it enacted, etc., as follows : 

Section 1. Section six of chapter twenty-nine of the p. s.29, §6; 
Public Statutes, as amended by section four of chapter jsgg] 372' ^^' 
three hundred and twelve of the acts of the year eighteen amended. 
hundred and eighty-five and l)y chapter three hundred and 
seventy-tw^o of the acts of the year eighteen hundred and 
eighty-nine, is further amended by adding at the end 
thereof the words ; — but such loans shall not be con- 
sidered or reckoned in determining the authorized limit 
of indebtedness of the city or town, — so as to read as 
follows : — Section 6. Cities and towns may, by ordinary Temporary 
vote, incur debts for temporary loans in anticipation of pTti'oVof'tax'i.'s. 
the taxes of the municipal year in which such debts are 
incurred and expressly made payable therefrom by vote of 
the city or town ; but such loans shall not be considered 
or reckoned in determining the authorized limit of indebt- 
edness of the city or town. 

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

Approved February 10, 1893. 



706 



Acts, 1893. — Chap. 21. 



Chap. 24. 



Appropriations. 



Militia, compen- 
Bation. 



Transportation. 



Incidental 
expenses. 



Rent of 
armories. 



Quartermasters' 
supplies. 

Incidental 
expenses. 



Camp ground. 



Military 
accouuta. 



Record of offi- 
cers, sailors, etc 



Care, etc., of 
armories. 



Clothing. 



An Act making an appropriation for compensation and 
mileage of officers and men of the volunteer militia 
and for other expenses of the military department. 

Be it enacted^ etc., asfolloivs: 

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

For the compensation of oflScers and men of the volun- 
teer militia, a sum not exceeding one hundred and two 
thousand dollars. 

For transportation of officers and men of the volunteer 
militia, when on military duty, a sum not exceeding 
eighteen thousand dcdlars. 

For incidental add contingent expenses in the adjutant 
general's department, a sum not exceeding three thousand 
dollars. 

For rent of brigade and battalion headquarters and 
company armories, a sum not exceeding thirty-seven 
thousand dollars. 

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

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

For grading and care of the camp ground of the Com- 
monwealth at Framingham, a sum not exceeding one 
thousand dollars. 

For military accounts in connection with the volunteer 
militia, not otherwise provided for, a sum not exceeding 
four thousand dollars. 

For expenses in connection with the record of Mas- 
sachusetts oflScers, sailors and marines, a sum not exceed- 
ing two thousand dollars. 

For expenses of the care, furnishing and repairs of the 
armories recently erected in the cities of Boston, Fitch- 
burg, Lawrence, Lowell and Worcester, for the use of 
certain of the volunteer militia, a sum not exceeding 
fifteen thousand three hundred dollars. 

For allowance and repairs of clothing of the volunteer 
militia, a sum not exceeding eight thousand dollars. 



Acts, 1893. — Chap. 25. 707 

For expenses in connection with the rilie practice of the R'He practice. 
vohinteer militia, a sum not exceeding nine thousand 
dolhirs. 

Any sums of money received under the provisions of J>'8po8itionof 

• • 1 */• 1 (■ 111 11 proceeds of 

section eighty-seven oi ciiapter four hundred and eleven ^le of grass at 
of the acts of the year eighteen hundred and eighty-seven, 1^'^^^^°^^ • 
and from the sale of grass at the state camp ground, 
during the 3'ear eighteen hundred and ninety-three, 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. 

SURGEON general's DEPARTMENT. 

For medical supplies for the use of the volunteer Medical sup. 
militia, and for incidental and contingent expenses of the p'®^'®"'- 
surgeon general, a sum not exceeding twelve hundred and 
fifty dollars. 

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

Approved Febncary 10, 1893. 

Ax Act relatixg to the trustees of the wesleyax academy. (JJ^rij) Q't^ 

Be it enacted, etc., as folloios : 

Section 1. The Trustees of the Wesleyan Academy Trustees of the 
elected after the acceptance of this act, as hereinafter pro- Academy. 
vided, shall hold office for a term of years, eligible for 
reelection. The entire board of thirty members shall be 
divided into five classes of six members each. The New 
England conference of the Methodist Episcopal church 
and the New York east conference of the Methodist Epis- 
copal church, shall each be entitled to elect two trustees, 
and the board of trustees the remainder, as provided in 
the following sections. 

Section 2. The New England conference and the New Election by 
York east conference, at their next annual sessions after '^^"^^^^"'^es. 
the acceptance of this act, as hereinafter provided, shall 
each have the right to elect two trustees, to serve one fin- 
five years and one for three years ; and thereafter to elect 
as each term of office shall expire one trustee for the full 
term of five years. Each conference shall determine for 
itself the manner of election, and cause its secretary to 
certify the result thereof to the board of trustees, and the 
person or persons so certified shall be deemed to have 
been elected. 



708 



Acts, 1893. — Chap. 25. 



Election by 
board of 
trusteeB, 



Term of office, 
filling of 
vacancies, etc. 



Powers, duties, 
etc. 



Repeal. 



To take effect 
upon accept- 
ance, etc. 



Section 3. At the next annual meeting held after the 
acceptance of this act the board of trustees shall elect four 
trustees to serve for the term of five years, six trustees to 
serve for the term of four years, four trustees to serve for 
the term of three years, six trustees to serve for the term 
of two years, six trustees to serve for the term of one 
year, and each year thereafter shall elect for the term of 
five years such number of trustees as together with those 
to be elected by the conferences shall not exceed the full 
number in each class. Such election shall be b}^ ballot, 
and otherwise conducted as may be determined by the 
trustees. 

Section 4. The term of ofiice of all trustees who shall 
be first elected under this act shall commence at the 
adjournment of the next annual meeting of the trustees 
held after the acceptance of this act ; and thereafter the 
ofiicial year of all trustees shall begin with each commence- 
ment day of said academy. Any vacancy may be filled 
by election by the body which elected the trustee whose 
place is vacant, all such elections to be conducted as an 
original election, and any trustee so elected to hold office 
from the time of his election until the expiration of the 
time of the trustee whose place is vacant. 

Section 5. The trustees elected under this act shall 
have all the powers and privileges and be subject to all 
the duties, liabilities and obligations contained in the act 
of incorporation of the Trustees of the Wesleyan Academy 
and in the acts in amendment thereof or in addition thereto, 
and shall be the regular and lawful successors of the Trus- 
tees of the Wesleyan Academy ; and all lands, moneys 
and other property belonging to said trustees shall be 
confirmed to the trustees elected under the provisions of 
this act, and to their successors forever, for the uses for 
which the same were originally granted or obtained. 

Section 6. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 7. This act shall not take effect until accepted 
by the board of Trustees of Wesleyan Academy at an 
annual meeting, by a two thirds vote of those present, 
and such acceptance shall not operate to subject the act 
incorporating said Trustees of Wesleyan Academy, as 
heretofore altered or amended, to repeal, alteration or 
amendment, without the consent of said corporation. 

Approved February 10, 1893. 



Acts, 1893. — Chaps. 26, 27, 28. 709 



Ax Act to aitiioiuze the state assooiatiox of ^^^^^f^ QJi(i7).2Q, 

AVC>.MEX"S CHKISTIVX ASSOCIATIOXS OF MASSACHUSETTS AXD 
KIIODE ISLAXI) l() HOLD ITS AXXUAL MEETIXGS "WITHOUT THE 
COMMOXWEAETH. 

Be it enacted, etc., as follows : 

Section 1. The State Association of Young Women's May hoid meet- 
Christian Associations of Massachusetts and Rhode Island isfaVd. ^^°^^ 
iiia}^ hold its annual meetings in the state of Rhode Island ; 
and its acts at such meetings shall have the same effect as 
if done within the Commonwealth. 

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

Approved Fehrxmry 16, 1893. 



Chap. 27. 



An Act making appropkiatioxs fok salaries axd expexses 
at the state farm at kridgewater. 

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 farm at Bridgewater 
during the year ending on the thirty-first day of Decem- 
ber in the year eighteen hundred and ninety-three, to 
wit : — 

For the payment of salaries, wages and labor at the state farm. 
state farm at Bridgewater, a sum not exceeding twent}^- 
two thousand five hundred dollars ; and for other current 
expenses at said institution, a sum not exceeding sixty- 
one thousand five hundred dollars. 

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

Approved February 16, 1893. 



^^^'^^''^- Chxip. 28 

E YEAR * 



Ax Act making appkopkiatioxs for deficiexcies ix appro- 

PRIATIOXS FOR CERTAIX EXPEXSES AUTHORIZED IX THE 
eighteex huxdred axd XIXETY-TAVO. 

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 
certain expenses in excess of appropriations therefor in 
the year eighteen hundred and ninety-two, to wit : — 

For registration books and blanks, the sum of ninety- Registration 
eight dollars and eighty-seven cents. wa^nkT'^ 



10 



Acts, 1893. — Chap. 29. 



Auxiliary 
visitors. 



State lunatic 
paupers. 



Deaf pupils. 



State primary 
school. 



State farm. 



State and mili- 
tary aid. 



Bureau of 
statistics of 
labor. 

Statistics of 
manufactures. 



For travelling and other necessary expenses of the 
auxiliary visitors of the board of lunacy and charity, the 
sum of seventy-six dollars and fifty cents. 

For the support and relief of state paupers in state luna- 
tic hospitals and asylums of the Commonwealth, the sura 
of four thousand nine hundred thirty-six dollars and 
seventy-nine cents. 

For the education of deaf pupils of the Common- 
vvealth, in the schools designated by law, the sum of 
three thousand seven hundred twenty-one dollars and ten 
cents. 

For current expenses at the state primary school at 
Monson, the sum of nine hundred ninety-nine dollars and 
forty-six cents. 

For salaries and expenses at the state farm at Bridge- 
water, the sum of four thousand seven hundred seventy- 
nine dollars and seventy- four cents. 

For reimbursement to cities and towns for money paid 
on account of state and military aid to Massachusetts vol- 
unteers and their families, the sum of ten thousand one 
hundred twenty dollars and sixteen cents. 

For expenses in the bureau of statistics of labor, the 
sum of seventy-two dollars and ninety-three cents. 

For expenses in connection with the annual collection 
of statistics of manufactures, the sum of four hundred 
forty-one dollars and thirty-four cents. 

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

Apjyroved February 16, 1893. 



Chap. 29. ^^ •'^CT MAKIXG APPROPRIATIONS FOR THE COMPEXSATIOX AND 
EXPENSES OF THE TRUSTJ-:ES OF THE MEDFIELD INSANE ASYLUM. 



Appropriations. 



5e it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the 
Commonwealth from the ordinar}'^ revenue, to meet 
certain authorized expenses at the Medfield insane 
asylum, in process of building in the town of JNIedfield, 
during the year ending on the thirty-first day of Decem- 
ber in the year eighteen hundred and ninety-three, to 
wit : — 

For the compensation of the building committee of the 
ing committee, trustccs of the jMcdtield insane asylum, a sum not exceed- 
ing sixty-five hundred dollars. 



Medfield insane 
asylum, build- 



Acts, 1893. — Chaps. 30, 31. 711 

For travelling and other necessary expenses of the Trustees. 
trustees of said asylum, to include office rent, clerk hire 
and telephones, a sum not exceeding four thousand dollars. 

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

Approved February 16, 1S93. 



Chap. 30. 



Ax Act making ArrKOi'uiATioxs for salakies and expenses 

AT THE STATE INUUSTKIAL SCHOOL FOK GIKLS. 

Be it enacted, etc., as folloios : 

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 industrial school for 
girls at Lancaster during the year ending on the thirty- 
iirst day of December in the year eighteen hundred and 
ninety-three, to wit : — 

For the payment of salaries, wages and labor at the state industrial 
state industrial school for girls at Lancaster, a sum not ^°^°°'- 
exceeding nine thousand dollars ; and for other current 
expenses at said institution, a sum not exceeding twelve 
thousand seven hundred and thirty-five dollars. 

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

Approved February 16, 1893. 



Chap.'dl. 



An Act making APPRorRiATioNS for salaries and expenses 

AT THE LYMAN SCHOOL FOR I'.OYS AT WEST BOROUGH. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
salaries and expenses at the Lyman school for boys at 
AVestborough for the year ending on the thirty-first day 
of December in the year eighteen hundred and ninety-" 
three, to wit : — 

For the payment of salaries, wages and labor at the Lyman school 
Lyman school for boys at Westborough, a sum not exceed- ^°''^°^^- 
ing twenty-one thousand six hundred and eighty-five 
dollars ; and for other current expenses at said institution, 
a sum not exceeding thirty-two thousand two hundred 
and twenty-five dollars. 

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

Apprroved February 16, 1893. 



712 Acts, 1893. — Chaps. 32, 33. 



ClldV' 32. -^^ ^*^T MAKING APPKOPRIATIOXS FOR SALARIES 'AXD EXPENSES 
AT THE STATE PRIMARY SCHOOL AT MONSON. 

Be it enacted, etc., as folloivs : 

Appropriations. SECTION 1. The suiHS hereinafter mentioned ai'G appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
salaries and expenses at the state primary school at Mon- 
son during the year ending on the thirty-first day of 
December in the year eighteen hundred and ninety-three, 
to wit : — 

fcho'oi''""'''^^ For the payment of salaries, wages and labor at the 
state primary school at Monson, a sum not exceeding 
eighteen thousand six hundred and seventy-six dollars ; 
and for other current expenses at said institution, a sum 
not exceeding thirtj^-two thousand three hundred and 
twenty-four dollars. 

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

Approved February 16, 1893. 



GJkXT) 33 -^^ ^^^ MAKING APPROPRIATIONS FOR SUNDRY CHARITABLE 

EXPENSES. 

Be it enacted, etc., as follows : 
Appropriations. SECTION 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth 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 
eighteen hundred and ninety-three, to wit: — 

STATE BOARD OF LUNACY AND CHARITY. 

Board ofiunacy YoY exoenscs of the boai'd of lunacy and charity, 

and chanty. .it h- ii c i 

includmg travellmg and other expenses ot members, 
necessary legal expenses, and salary and expenses of the 
clerk and auditor, a sum not exceeding forty-five hundred 
dollars. 

Indoor poor. YoY salai'ics and expenses in the department of indoor 

poor, a sum not exceeding forty thousand dollars. 

Outdoor poor. j^q^. salaries and expenses in the department of outdoor 
poor, a sum not exceeding twenty-one thousand five hun- 
dred dollars. 

Inspector of YoY sahirics and expenses in the department of the 

institutions. ■"■ *• 



Acts, 1893. — Chap. 33. 713 

inspector of institutions, a sum not exceeding ten thou- 
sand live hundred dollars. 

For travellinp^ and other necessary expenses of the aux- Auxiliary 
iliar}' visitors of the state board of lunacy and charity, a 
sum not exceeding iifteen hundred dollars. 

MISCELLANEOUS CHARITABLE. 

For transportation of state paupers, a sum not exceed- J/gtatepauS. 
ing eighteen thousand dollars. 

For the support and relief of state paupers in 'state state lunatic 
lunatic hospitals and asylums of the Commonwealth, and p^"p®"- 
of state lunatic paupers boarded out in families, a sum not 
exceeding one hundred and eighty-hve thousand dollars. 

The reimbursement of expenses incurred by certain Maintenance of 
towns in the maintenance of the insane, as provided for in bTceriain"^^'^^" 
chapter two hundred and forty-three of the acts of the year '°'^°*- 
eighteen hundred and ninety-two, shall be paid from the 
appropriation for the support of state lunatic paupers, and 
any unpaid bills for the year eighteen hundred and ninety- 
two may be paid from this appropriation. 

For expenses attending; the manao-ement of cases of set- Cases of settle-: 

^ ~ T^i'111 fflent and 

tlement and bastardy, a sum not exceeding niteen hundred bastardy. 
dollars. 

For care and maintenance of indigent and neglected negifcTedTwi. 
children, and juvenile offenders, a sum not exceeding ^ren. 
thirty-two thousand dollars. 

For the support of state paupers in the Massachusetts state paupers, 
school for the feeble-minded, and the hospital cottages for etc. 
children at Baldwinville, a sum not exceeding ten thousand 
dollars. 

For the support of sick state paupers by cities and p^upel-s!^ 
towns, for the year eighteen hundred and ninety-three 
and previous years, the same to include cases of wife 
settlement, a sum not exceeding seventy-five thousand 
dollars. 

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

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

For the support and transportation of pauper infants in Pauper infanta. 
this Commonwealth, including infants in infant asylums, 
a sum not exceeding twenty-five thousand dollars. 



714 Acts, 1893. — Chaps. 34, 35. 

di8eMe8°.^* 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. 

Medical Yov fccs for mcdical examiners, a sum not exceeding 

examiners. ' t3 

five hundred dollars, 
johonnot For annuities due from the Commonwealth, incurred by 

annuities. i t i 

the acceptance of the bequest of the late Martha Johonnot, 
a sum not exceeding four hundred dollars. 
Annuities to For annuities to soldiers and others, as authorized by 

lers, ec. ^^^ legislature, the sum of thirty-four hundred and thirty- 
two dollars. 
Pensions. ^ov pensious, the sum of five hundred and twenty 

dollars. 

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

Aj^lirovecl February 17 ^ 1893. 

ChCLT)' 34. ^^ -^CT TO AUTHORIZE THE WASHBURN AKD MOEN MANUFACTURING 
COMPANY TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as folloivs : 

Mpltlrs'tock. Section 1. The Washburn and Moen Manufacturing 

Company is hereby authorized to increase its capital stock, 
in the manner provided by law, at such times and in such 
Proviso. amounts as it may from time to time determine : provided, 

the whole amount of capital stock of said ^Yashburn and 
Moen Manufacturing Company shall not exceed ten million 
dollars. 

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

Approved February 17, 1893. 

ChCLl). 35. -^^ ^^'^ ^*^ AUTHORIZE THE TOWN OF WINCHESTER TO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as folloivs: 

^dm™nal^vater Section 1. The towu of "Winchester, for the purpose 
^°^^- of completing its water supply system and supplying said 

town with water, is authorized to issue notes or bonds 
from time to time as it may deem necessary, to an amount 
not exceeding one hundred thousand dollars in addition to 
the amounts alread}" authorized to be borrowed for water 
purposes, upon the conditions and in the manner set forth 
in chapter two hundred and sixty-five of the acts of the 



Acts, 1893. — Chap. 36. 715 

year eighteen hundred and seventy-two as modified by 
chapter four hundred and thirteen of the acts of the year 
eighteen hundred and ninety, the same to be denominated 
Winchester Water Fund Bonds, and to be payable at 
periods of not more than thirty years from their respec- 
tive dates. 

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

Approved February 20, 1S93. 



An Act c< )I)ii-'Yixg and amending the laws relating to the (7^^39.36, 
alewife fishery in mill and essex rivers in the town of " 

ESSEX. 

Be it enacted, etc., as folloivs: 

Sectiox 1. The selectmen of the town of Essex for the Time, place, 

, . . J /• J 1 11 manner, etc., of 

tune being, or a major part 01 them, are hereby em- uking aiewives 
powered, in the month of March or April annually, to Es^'i'iivers. 
prescribe the time, place or places, and the manner of 
taking aiewives in ^Nlill river or brook and Essex river in 
the town of Essex, such time not to exceed three days in 
a week ; and they may either appoint some suitable per- 
son or persons to take the same and fix the compensation 
to be paid therefor, or they may in their discretion annu- 
ally sell at public auction the right to take aiewives in said 
Mill and Essex rivers, under such regulations as they may 
make under this section. The said selectmen are hereby 
authorized to offer and pa}^ suitable rewards for the 
detection and punishment of persons violating the pro- 
visions of this act, and shall be entitled to reimbursement 
from said town of Essex or from the proceeds of the sale 
of said right to take said aiewives, for all sums expended 
for the said rewards or the enforcement of this act ; and 
the said town of Essex, in addition to other purposes 
authorized by law, is authorized to raise and appropriate 
money for enforcing this act. 

Section 2. The owners or occupants of dams across opening and 
said Mill and Essex rivers shall annually during such time, fishwayaTeTc. 
not exceeding sixty days in each year, as shall be pre- 
scribed by the selectmen of said town or the major part 
of them for the time being, keep constantly open and 
maintain through, over or around their respective dams a 
passageway suflScient and proper for the passage of said 
fish, to the satisfaction of said selectmen, under a penalty 
of not less than ten nor more than sixty dollars for each 



716 Acts, 1893. — Chap. 36. 

and every twenty-four hours they shall neglect to open a 
passageway as aforesaid; and the said selectmen shall, 
thirty days at least before the commencement of said 
period, notify in writing the owners or occupants of said 
dams, of the time when the said passageways shall be 
opened and the manner in which they shall be constructed 
and regulated. 
Course of SECTION 3. The Said selectmen of the town of Essex, 

obstructed, etc. either ]:)ersonally or by their agents duly authorized, shall 
have full power and authority to cause the natural course 
of the stream through which said fish pass, to be kept 
open and free of obstructions, except the dams aforesaid, 
and to remove all such obstructions except as aforesaid ; 
and for that purpose, as well as for the other purposes of this 
act, they or their agents shall have authority to go upon the 
land or meadow of any person through which said stream 
runs, without being deemed trespassers ; and if any per- 
son or persons shall molest the said selectmen or either 
of them, or any of their said agents, in the execution of 
his or their duties under this act, or shall obstruct the 
passage of said fish, except as aforesaid, the person or 
persons so ofiending shall, on conviction thereof before 
any court of competent jurisdiction in the county of 
Essex, be fined for every such ofience not less than ten nor 
more than twenty dollars. 
Penalties; evi- SECTION 4. Anv pci'son Or pcrsons taking any of the 

dence of unlaw- ^ , „ • i • -^ ^t-ii i t-< • • j.\ 

fui taking, etc. fish aiorcsaid m said Mill and Essex rivers, or in the 
ponds in which said fish cast their spawn, at any time or 
in any place or manner other than shall be allowed by said 
selectmen as aforesaid, or who shall receive such alewives 
knowing or having reasonable cause to believe that the 
same have been taken contrary to the provisions of this 
act, shall for each and every ofience, on conviction thereof, 
be fined not less than twenty-five cents nor more than one 
dollar for each and every alewife so taken, or shall be 
imprisoned in the jail or house of correction for a period 
not exceeding sixty days. The possession of alewives in 
the woods, swamps and other lands, whether public or 
otherwise, in the town of Essex bordering on the said 
Mill and Essex rivers or its tributaries, or in the I)uildings 
over or near said Mill river or its tributaries in said town, 
or in any boat or other craft, cart, wagon or other vehicle 
in or near said Mill and Essex rivers or its tributaries, or 
the pond in which said fish cast their spawn, in the months 



Acts, 1893. — Chap. 36. 717 

of April, ^lay or June of each year, by any person or 
persons other than those lawfully entitled to take the 
same under said regulations, shall be deemed prima facie 
evidence of an unlawful taking or receiving under the 
provisions of this act. 

Section 5. Any deputy sherift', police officer or con- searcii for, 
stable of the town of Essex is hereby empowered to make of tiah unlaw. 
searcli for and seize in said town without warrant any of ^""^ ^^^'"^' ''"'* 
said tish which he has reason to suspect w^ere taken at any 
time or place or in any way prohibited by law, together 
with any boat or other craft, cart, wagon or other vehicle, 
or the cask, barrel or other vessel containing the same, 
which, if used in such illegal taking or receiving, are hereby 
declared to be forfeited. Said officer immediately after such 
seizure shall give public notice of the same by posting up 
notices thereof in tw^o pul)lic places near the place where 
such seizure was made, and if no person or persons shall 
appear and claim said fish of such officer within twelve 
hours after posting said notices, said fish and the boat or 
other craft, cart, wagon or other vehicle, and the cask, 
barrel or other vessel containing the same shall be forfeited, 
and the same shall be sold by public auction and the net 
proceeds of such sale shall enure to the benefit of the 
town of Essex. If a claimant for such property shall 
appear within said twelve hours after the posting of said 
notices, the ofiicer shall libel the same according to law, 
or at the request of said selectmen or any of them shall 
sell said fish or other proi)erty at public auction and liljel 
the proceeds of such sale according to ]aw. In case said 
property or proceeds are forfeited the benefit thereof shall 
enure to said town of Essex. 

Section 6. From and after the passage of this act ^"'eactffamiiy^ 
the inhabitants of said town of Essex at their annual to be deter-' . 
March meeting shall determine the quantity of said fish that 
each family in said town shall receive, and establish the 
price they shall pay therefor. 

Section 7. One third of all the forfeitures incurred ^fpoSnof 
by virtue of this act shall be paid to the person or persons forfeitures. 
giving information, and the remaining two thirds to the 
town of Essex, to be recovered in an action of contract 
in any court having jurisdiction of the same, to be 
brought by the treasurer of said tow^n, or, if said treasurer 
shall neglect to bring such action for a space of ten days 
after being thereto requested, by the person or persons 



718 Acts, 1893. — Chaps. 37, 38, 39. 

o:iving the information, in the name and for the sole bene- 
Fish commis- fit of such person or persons. The fish commissioners 

eioners to have i 1 1 i i 

control of dams. Shall have the same control or dams on said streams as 
given them in chapter ninety-one of the Public Statutes. 
^®P''"^- Section 8. All acts and parts of acts inconsistent 

with the provisions of this act are hereby repealed. 

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

Approved February 21, 1893. 

Chap. 37. -^^ ■^^"'^ '^** EXEJIPT THE CITY OF CHICOPEE FROM THE PROYISIOXS 
OF AX ACT RELATIVE TO THE LIMIT OF THE MUNICIPAL DEBT 
AXD THE RATE OF TAXATION IX CITIES. 

Be it enacted, etc., as folloivs : 

i^^deMand'"' Section 1. The city of Chicopee is hereby exempted 
rate of taxation froHi the Operation of section one of chapter three hun- 
dred 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 effect upon its passage. 

Apjproved February 21, 1893. 



Chap. 38. ^^ ^* "^ '^•* INCREASE THE CAPITAL STOCK OF THE AMERICAN 

CONGREGATIONAL ASS(.>CIATION. 

Be it enacted, etc., as folloivs : 
May increase Section 1 . The AmeHcan Congregational Association 

capital stock ;., ,.,. .~'?, 

Investments. IS hereby authorized to increase its capital stock by adding 
thereto a sum not exceeding five hundred thousand dol- 
lars, and to invest such portion thereof in real and per- 
sonal estate as may be necessary and convenient for the 
purposes for which it was incorporated. 

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

Approved February 21, 1893. 

Chap. 39. ^^ ^^^ RELATIVE TO THE APPOINTMENT AND ELECTION OF SPECIAL 
COMMISSIONER, IN CASE OF VACANCY OR FAILURE TO ELECT. 

Be it enacted, etc., as follows : 

vlclnc°in Section 1. Whenever a vacancy occurs in the office 

office of special of spcclal comiuissiouer, or there is a failure to elect a 

commissioner . , . . . - , i 

by appointment, spccial commissioHcr, lu any county, the county commis- 
sioners for the county, or a majority of them, may, if 
they shall deem it expedient and for the interest of the 
public, appoint some suitable person to be special com- 



Acts, 1893. — Chap. 40. 719 

missioner, who shall exercise all the powers and be sub- 
ject to all the disabilities which pertain to such office, 
under the statutes of this Commonwealth ;.and the person 
so appointed shall hold his office until the first Wednes- 
day in January succeeding the appointment. 

Sectiox 2. If there is a failure to elect a special com- Fining of 
missioner in any county the board of examiners shall duly ereTuon, ^ 
order a special commissioner to be chosen at the annual 
election in Novemlier following, whether an appointment 
has been made under the provisions of this act or other- 
wise, and shall issue their warrants therefor in the same 
manner as provided in section two of chapter one hun- 
dred and fifteen of the acts of the year eighteen hundred 
and ninety-two ; and the person chosen shall fill the office 
for the remainder of the term. 

Section 3. The provisions of this act shall apply in Applicable 
any case where there was failure to elect at the annual was failure to 
election held in November, eighteen hundred and ninety- *'^"'" 
two. 

Section 4. So much of the provisions of section one Repeal of isoo, 
hundred and ninety-eight of chapter four hundred and ' ' 
twenty-three of the acts of the year eighteen hundred 
and ninety as relates to special commissioners, and all 
provisions of law inconsistent herewith, are hereby re- 
pealed. 

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

Approved February 23, 1893. 



Ax Act making ArPKOPRiAxiONS for the Massachusetts nau- CluiJ). 40. 

TICAL TKAIXING SCHOOL. 

Be it enacted, etc., as foUoivs : 

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 
expenses in fitting up, properly equipping and for the 
current expenses of the United States ship Enterprise, 
which has been detailed for the use of the Massachusetts 
nautical training school, during the j'ear ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-three, to wit : — 

For properly fitting up and equipping the United States NauUcai train- 
ship Enterprise for the use of the Massachusetts nautical ship Enterprise! 
training school, and for carrying out certain contracts 



720 Acts, 1893. — Chaps. 41, 42. 

made with the navy department in relation to repairing 
the same, a sum not exceeding thirty-nine thousand three 
hundred sixty-seven doHars and seventy-five cents, tbe 
same being tlie unexpended balance of the amount author- 
ized by chapter four hundred and two of the acts of the 
year eighteen hundred and ninety-one, the appropriation 
having expired by limitation. 

Expenses. j^q^ currcut cxpeuses of said nautical training school, a 

sum not exceeding lift 3^ thousand dollars. 

^eTcTiryfeic'.^' For ucccssary expenses of the board of commissioners 
of the Massachusetts nautical training school, to include 
compensation of secretary, clerical services, printing, 
stationery and other contingent expenses, a sum not ex- 
ceeding six thousand dollars. 

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

Approved February 25, 1893. 



Chap. 4:1. 



An Act kelative to the sale of milk ox the lord's day. 
Be it enacted, etc., as follows: 
Pif'V* ^'^"^ °" Nothino- in section two of chapter ninety-eight of the 

the Ijord'a dav. o i ./ o 



the Lord's day. 



Chap. ^2. 



Public Statutes, or acts amendatory thereof, shall be held 
to prohibit the wholesale or retail sale or delivery of milk 
on the Lord's ^ay. Apjnoved February 25, 1893. 

Ax Act to authorize the city of bostox to pay a suii of 

MOXEY to the WIDOAV of GEORGE B. MUXROE LATE AX OFFICER 
IX ATTEXDAXCE UPOX THE SUPElilOR COURT FOR THE COUNTY OF 
SUFFOLK. 



Be it enacted, etc. , as follows : 

May pay salary Section 1. The board of aldermen of the city of 

-George B.° Bostou, acting as county commissioners, are authorized to 

Muuroe. ^^^ ^^ ^^^^ widow of Geoi'ge B. Munroe late an officer in 

attendance upon the superior court within and for the 

county of Suffolk, the balance of the salary for the year 

eighteen hundred and ninety-two to which he would have 

been entitled had he lived and continued to be such officer 

during the remainder of said year ; but no part thereof 

shall be paid by the Commonwealth. 

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

Approved February 25, 1893. 



Acts, 1893. — Chap. 43. 721 



An Act making APi'KorKiATiONS von slnduy f.ducatioxal (^^^^ 43^ 

EXPENSES. 

Be it enacted, etc., asfolloivs: 

Sectiox 1. The sums hereinafter mentioned are ap- Appropnatious. 
propi'iated, to be paid out of the treasury of the Com- 
monwealth 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-three, to wit : — 

For the support of state normal schools, including an state normal 
accountant and certain other expenses of the boarding *"''"° ^' 
houses at Bridge water, Framingham and Westfield, a sum 
not exceeding one hundred and six thousand two hundred 
and seventy-four 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 state normal 
not exceeding eighteen thousand 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 expenses of teachers' institutes, a sum not exceed- j^gtitutes' 
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 County teach- 
not exceeding three hundred dollars, to be paid out of the «*'« ''««°°"»i°d«' 
moiety of the income of the Massachusetts school fund 
applicable to educational purposes. 

For the Massachusetts teachers' association, the sum of Massachusetts 

' , teachers asso- 

three hundred dollars, to be paid out of the moiety of elation. 
the income of the Massachusetts school fund applicable to 
educational purposes, subject to the approval of the state 
board of education. 

For salaries and expenses of agents of the state board uonll^e^nu."*"'' 
of education, a sum not exceeding nineteen thousand six 
hundred and fifty dollars. 

For incidental and contingent expenses of the state incidental 
board of education, and of the secretary thereof, a sum ^^p®"**^*- 
not exceeding eighteen hundred dollars^ 

For the Dukes County teachers' association, the sum Dukes County 

c ncj. ^ M teachers' asso- 

01 Illty dollars. elation. 



'22 



Acts, 1893. — Chap. 44. 



Pupils in state 
uornial schools. 



Travelling 
expenses of 
board. 



Deaf pupils. 



Free public 
libraries. 



Contingent 
expenses of 
state library. 



Rogers book 
fund, Todd 
normal school 
fund. 



For aid to pupils in normal schools, a siira not exceed- 
ing four thousand dollars, payable in semi-annual instal- 
ments, to be expended under the direction of the state 
board of education. 

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

For the education of deaf pupils of the Commonwealth 
in the schools designated by law, a sum not exceeding 
thirty-eight thousand dollars. 

To carry out the provisions of the act to promote the 
establishment and efficiency of free public libraries, a sum 
not exceeding three thousand dollars ; and for clerical 
assistance, incidental and necessary expenses of the board 
of library commissioners, a sum not exceeding five hun- 
dred dollars. 

For contingent expenses of the state library, to be ex- 
pended under the direction of the trustees and librarian, 
a sum not exceeding one thousand dollars. 

The income of the Rogers book fund, of the Todd 
normal school fund, and of the two educational funds, 
shall be expended in accordance with the provisions of the 
various acts relating thereto. 

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

Approved February 25, 1893. 



May pay salary 
to widow of 
Francis J. 
Baxter. 



Chcip. 44, ^^ Act to authorize the city of bostox to pay a sum of 

MONEY TO THE WIDOAV OF FRANCIS J. BAXTER LATE AN OFFICER 
IN ATTENDANCE UPON THE SUPERIOR COURT FOR THE COUNTY 
OF SUFFOLK. 

Be it enacted, etc., asfolloivs: 

Section 1. The board of aldermen of the city of 
Boston, acting as county commissioners, are authorized to 
pay to the widow of Francis J. Baxter late an ofiicer in 
attendance upon the superior court within and for the 
county of SuflTolk, the balance of the salary for the year 
eighteen hundred and ninety-two to which he would have 
been entitled had he lived and continued to be such officer 
during the remainder of said year ; but no part thereof 
shall be paid by the Commonwealth. 

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

Approved February 25, 1893. 



Acts, 1893. — Chaps. 45, 46, 47. 723 

Chap. 45. 



Ax Act to autiiokize the vixeyard haven water compaxy 

TO IXCKEASE ITS CAPITAL STOCK. 



Be it enacted^ etc., as follows: 

Section 1. The Vineyard Haven Water Company is May increase 
hereby authorized to increase its capital stock to an '^''P'"'''"°'''- 
amount which, together with the amounts heretofore 
authorized by hiw, shall not exceed in the aggregate the 
sum of tifty thousand dollars. 

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

Approved February 25, 1893. 

Ax Act making an appropriation for compexsation axd H'kf.^^ AC\ 

EXPEXSES of the JOIXT SPECIAL COMMITTEE ON SHORTEXIXG ^ ' 

THE SESSIOXS OF THE GEXERAL COURT, APPOINTED BY THE 
LEGISLATURE OF THE YEAR EIGHTEEN HUNDRED AND NINETY- 
TWO. 

Be it enacted, etc., as follows: 

Section 1. The sum of fifty-seven hundred dollars is Appropriation, 
hereb}^ appropriated, to be paid out of the treasury of the Bhmteninu ""^ 
Commonwealth from the ordinary revenue, for the com- feguram°e^. 
pensation and expenses of the joint special committee 
appointed by the legislature of the year eighteen hundred 
and ninety-two to sit during the recess, to examine into 
the system of introducing business into the general court 
and to consider what steps should be taken to shorten the 
sessions. 

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

Approved February 25, 1893. 



Chap. 47. 



Ax Act to amexd the law' relative to fraterxal bexefi- 

CIARY CORPORATIOXS SO AS TO FURTHER THE FORMATION OP 
SUCH ORGAXIZATIOXS AMOXG PERMAXEXT EMPLOYEES OF TOWXS 
AXD CITIES. 

Be it enacted, etc., as follows: 

Section 1. Section ten of chapter four hundred and 1858.429, §io; 
twenty-nine of the acts of the year eighteen hundred and amended! 
eighty-eight as amended by chapter three hundred and 
forty-one of the acts of the year eighteen hundred and 
ninety, is hereby amended by striking out in the ninth 
and tenth lines, the words "a particular town or city", 



724 Acts, 1893. — Chaps. 48, 49. 

and insertino; in place thereof the words: — towns and 
Aasessments. cities, — SO as to read as follows: — Section 10. Any 
corporation organized under or conducting its business in 
accordance with the provisions of this act, and which has 
no per capita tax, may make not exceeding three assess- 
ments per year to meet its reasonably necessary expenses. 
The purpose of such assessments shall be clearly stated in 
calls therefor, and no assessment shall be called while the 
Limitation as to auiouut of oue assessmcut remains on hand. Any corpo- 
fuuds" ° ration organized as aforesaid which limits its membership 

to the permanent employees of towns and cities and which 
pays only annuities or gratuities contingent upon disa- 
bility or long service, shall not be subject to the foregoing 
limitation as to the amount of funds to be held for pur- 
poses of its organization, and may accept and hold gitts, 
memblrshh) Icgacics or othcr contributions therefor. No corporation 
certiflcates, etc. shall rciusurc with or transfer its membership certificates 
or funds to any organization not authorized to do business 
in this Commonwealth. 

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

Approved February 25, 1893. 



C7l(lV» 48. -^^ -^^^^ AUTHOKIZING THE TOWN OF MARBLEHEAD TO APPROPRI- 
ATE MONEY FOR PURCHASING A SET OF FLAGS. 

Be it enacted, etc., as follows : 

Xp^ro'^rfauon Section 1. The towu of Marblchcad is hereby author- 

f or flags for u. jzed to appropriate a sum not exceeding three hundred 

8. ship Marble- ill ^ o 

head. dolUii's, for the purpose of purchasing a set of flags to be 

presented to the United States government for the use of 
the war ship Marblehead. 

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

Approved February 25, 1893. 

ChCtV. 49. "^^ -^^^ ^^^ ^^^ BETTER PROTECTION OF QUAIL ON THE ISLAND 

OF NANTUCKET. 

Be it enacted, etc., as folloivs : 
Penalty for Whocver takcs or kills a quail on the island of Nan- 

taljing or killing , i , , ,• -ii • j. r xi l' 

quail at Nan- tuckct at any tmie within two years from the passage ot 
tucket. ^i^ig ^^^ shall be punished by a fine of twenty dollars for 

every bird so taken or killed. 

Approved February 25, 1893. 



Acts, 1893. — Chaps. 50, 51. 725 



Ax Act to autiiokize the trustees of the thayer academy nj/r/jy 5() 

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as folloivs : 

Section 1. The Trustees of the Thayer Academy are Mayhoidad- 
liereby authorized, for the put poses set forth in its act of pei-BouaUsuue. 
iiicor[)oration, to hold real and personal estate to an 
:iniount which together with the amounts heretofore 
authorized by law shall not exceed in the aggregate seven 
hundred thousand dollars. 

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

Approved February 25, 1893. 

Ax Act relating to rEXSiONnxG members of the police de- (7/tar). 51. 

PARTMENT OF THE CITY OF BOSTON. 

Be it enacted, etc. , as Jolloivs : 

Section 1. Section two of chapter three hundred and a^eLded.^"* 
tift3^-three of the acts of the year eighteen hundred and 
ninety-two is hereby amended by adding at the end of 
said section the following : — and the said board may, by 
majority vote of the meml)ers thereof, with the approval 
ot the mayor, hereafter allow and pay to former members 
of the police department of said city, pensioned under 
the provisions of chapter two hundred and fort}— four of 
the acts of the year eighteen hundred and seventy-eight 
or of chapter one hundred and seventy-eight of the acts 
of the year eighteen hundred and eighty-seven and now 
on the pension rolls of said city, as an annual pension, 
one half of the amount of compensation received by them 
at the time of their retirement, — so as to read as fol- 
lows : — Section 2. The amount of the annual pension Amount of 
allowed to any person retired under the provisions of this fo pre^sem anT 
act shall be one half of the amount of compensation o°fTpan^m.'^ 
received by him at the time of such retirement, the same 
to be paid by the city of Boston ; and the said board may, 
l)y majority vote of the members thereof, with the ap- 
proval of the mayor, hereafter allow and pay to former 
members of the police department of said city, pensioned 
under the provisions of chapter two hundred and forty- 
four of the acts of the year eighteen hundred and seventy- 
eight or of chapter one hundred and seventy-eight of the 
acts of the year eighteen hundred and eighty-seven and 
now on the pension rolls of said city, as an annual pen- 



726 Acts, 1893. — Chaps. 52, 53. 

sioD, one half of the amount of compensation received h^i 

them at the time of their retirement. 
«ponaccepr SECTION 2. This act shall take effect upon its accept- 
ance, ance by the city council of the city of Boston. 

Approved February 25, 1893. 

CllClp. 52. ^^ ^CT TO ArXHORIZE THE TOWN OF BRADFORD TO INCUR 
INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAW. 

Be it enacled^ etc., as follows : 
May incur Section 1. The town of Bradford, for the purpose 

indebtedness for . , . , , . '■.'■.■. 

the purpose of 01 grading and pavmg that part ot Mam street m said 
street.^ °^ **'" towu extending from Haverliill brido:e to the common, 
near the junction of Main and Elm streets, and laying 
edgestones on that part of Main street, may incur an 
indebtedness of twenty-five thousand dollars beyond the 
limit of indebtedness iixed by law, and may issue bonds 
therefor, denominated Main Street Improvement Bonds, 
signed by its treasurer and countersigned by a majority 
of its board of selectmen, payable as follows: — Twenty- 
five hundred dollars on the first day of January in the 
year nineteen hundred and three, and twenty-five hundred 
dollars on the first day of January of each successive year 
for nine years thereafter, and bearing interest at a rate 
not exceeding four and one half per centum per annum, 
payable semi-annually. 
Bonds to be SECTION 2. Said towu may scU said bonds at public 

sold or used in • j ^ i • i f ^ ^ ^ 

payment of or privatc saic, or use the same in payment ot the debts 
prOTe°meut/™' coutractcd in said work, upon such terms and conditions 
as it may deem proper : 2^''^ovided, that said bonds shall 
not be sold at less than par. 

Section 3. This act !?hall take effect upon its passage. 

Approved February 25, 1893. 

C/ldl). 53. ^^ ^^^ ^^ LEGALIZE A A^OTE OF THE TOWN OF WATERTOA\T^ 
PROVIDING FOR PAYMENT OF COST OF LAYING THE SYSTEM OF 
COMMON SEWERS IN SAID TOWN. 

Be it enacted, etc., as Jolloivs : 

Vote legalized. SECTION 1. The votc of the towH of Watcrtowu, 
passed on the seventeenth day of May in the year eighteen 
hundred and ninety-two, authorizing the payment by the 
town of the entire cost of laying the system of common 
sewers in said town, is hereb}^ declared legal and valid, 
and the town of Watertowu is hereby authorized to pay 



Acts, 1893. — Chaps. 5i, 55, 50. 727 

tlie entire cost of layinir, maintaining: find repairing the 
system of common sewers in said town. 

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

• Approved February 23, 1893. 

Ax Act to EXLAKGE the limits within which CERTAIX mutual (JJidyj^ 54, 
EIRE IXSUKAXCE COMPANIES MAY DO BUSINESS. 

Be it enacted, etc., as follows: 

Section tifty-one of chapter two hundred and fourteen iss-, 214, §5i, 
of the acts of the year eighteen hundred and eighty-seven ^'^'^'^ '^ 
is hereby amended l)y inserting after the word "manu- 
facturing", in the fifth line, the words : — as well as other, 
— and hy striking out in said fifth line, the word " only ", 
so as to read as follows: — Section SI. Mutual fire Location of 

, • X- J. I propettv ihat 

insurance companies may insure property in any ot the companks may 
New England states, New York, New Jersey, and Penn- *"'^"'"®- 
sylv^ania. Such companies which have a guaranty capital 
or which insure manufacturing as well as other property 
may make insurances upon property located in any part 
of the United States or in Canada. 

Approved February 25, 1S93. 

Ax Act relating to the takixg of scallops ix the waters (Jhnr) 55 

OF THE TOWN OF MARION. ■' 

Be it enacted, etc. , as follows : 

Section four of chanter one hundred and ei2:hty-ei2:ht of iso-, iss, §4, 

I . ' . "^ '^ . amended. 

the acts of the year eighteen hundred and ninety-two is 
hereby amended by inserting after the word "flats", in 
the third line of said section, the words : — and waters, — 
so as to read as follows : — Section 4. All the privileges Privileges of 
which the citizens of Rochester and Mattapoisett had Rnchesterand 
before this act takes eflect, to take scale and shellfish ^oraffecied! 
fi'om the shores or flats and waters within the town of 
Marion, shall remain the same as if this act had not passed. 

Approved February 25, 1893. 

An Act relative to the trustees of the sterling camp nj^fj^-. ^jf? 
meeting association. ^ 

Be it enacted, etc., as follows : 

Section 1. The number of trustees of the Sterling Trustees, uum. 
Camp Meeting Association shall be eleven, one of whom tiong?e?ec'ii^o''n, 
shall be, ex officio, the presiding elder of the district, and ®'*^' 



728 Acts, 1893. — Chaps. 57, 58. 

all of Avhom shall be members of the Methodist Episcopal 
church. They shall be elected in the manner described 
in chapter eighty-two of the acts of the year eighteen hun- 
dred and eighty-seven, by the Sterling camp meeting 
board of control. All vacancies shall be filled by said 
board at their annual meeting. Six of the trustees shall 
constitute a quorum for the transaction of business, 
^ea^ed*'"^^' SECTiOiS' 2. Chapter eighty-four of the acts of the 

year eighteen hundred and ninety-two is hereby repealed. 
Section 3. This act shall take eflect upon its passage. 

Approved February 25, 1893. 

Chan. 57 ^^^ ^^^ ^^ change the name of the first baptist society IX 

NEWTON. 

Be it enacted, etc., as fulloivs : 
Name changed. Sectiox 1. The name of the Fii'st Baptist Soclcty in 

Newton is hereby changed to the First Baptist Church in 

Newton. 
Devises etc., to Section 2. All dcviscs, bcouests, conveyances and 

vest lu first , . ^ . .' » . 

Baptist Church gifts hcrctoforc made to said corporation by either of said 

in Newton. ^ in • ^i -r-<- j -r. j • j /^i * i • -v- i 

names shall vest in the l^irst Baptist Church in JNewton. 
Section 3. This act shall take efl'ect upon its passage. 

Approved February 23, 1893. 



Chap. 58. 



An Act to altiiorize the brockton and holbrook street 
railway compant to lease its railway, franchises and 

OTHER property TO THE BROCKTON STREET RAILWAY COMPANY. 



Be it enacted, etc., as follows : 



May lease rail. Section 1. The Brockton and Holbroolv Street Rail- 
Brocktoii' Street Way Compauy is hereby authorized to lease its railway, 
pa^nj-l etc!^°" frauchiscs and other property, to the Brockton Street 
Railway Company, upon such terms and conditions as the 
directors and stockholders of the respective corporations 
may agree upon, including any guaranties by the Brock- 
ton Street Railway Company of the obligations or securities 
of the Brockton and Holbrook Street Railway Company ; 
and the Brockton Street Railway Company is hereby 
authorized to accept such lease and to operate thereunder, 
and to make such guaranties if it so elects. 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 2d, 1893. 



Acts, 1893. — Chaps. 59, 60, 61. 729 

Ax Act to imjovide conditions under which tkout and trout QJidj)^ 59^ 

s;rAWX SIIALU liE FURNISHED BY THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

Section 1. No person, corporation or association shall under^^hfch 
hereafter he furnished hv the Commonwealth with any font ami trout 

" 111 sP'iwn shall be 

trout or trout spawn, to stock any waters owned or leased fumisheu. 
by him or them or under his or their control, unless he 
or they shall first agree in writing with the commissioners 
of inland fisheries and game that such waters so stocked 
shall l)e free for the ])ut)lic to fish in during the season in 
which the capture of trout is permitted by law. 

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

Approved February 27, 1S93. 

An Act providing for assistant town clerks. Chan 60 

Be it enacted, etc., as follows : 

Section 1. The town clerk in any town may appoint Assistant town 

, , 1 • I • 1 1 1 1 • clerks, appoint- 

an assistant town clerk, which appointment shall be in ment, powers, 
writing, and said assistant shall be duly sworn to the "^*^*''^''- 
faithful performance of his duties ; and such appointment 
and oath shall be recorded in the records of the town. 
Such assistant may, in the al)sence of the town clerk, 
perform any and all duties which the towm clerk could 
perform if personally present, but such assistant shall not 
be entitled to any salary or fees as such, and his compen- 
sation, if any, shall be paid by the town clerk appointing 
him ; but such assistant shall collect all fees for services 
performed by him and account to the town clerk therefor 
during the time he may act as aforesaid. 

Section 2. This act shall take etiect on the first Mon- when to take 
day of March in the year eighteen hundred and ninety- ^ 
three. Approved March 6, 1893. 

An Act concerning appeals in suits in equity. CJinr) 61 

Be it enacted, etc., as follows : 

Section seven of chapter two hundred and twenty-three 1883,223. §7, 
of the acts of the year eighteen hundred and eighty-three '*™*"'^*''^- 
is hereby amended by inserting after the words " of the", 
in the second line thereof, the words : — supreme judicial 
or, — so as to read as follows: — Section 7. In cases of incase of 

1 . -, . . ^ . . appeal justice to 

appeal Irom a decree in equity of the supreme judicial or riport, upon 



730 



Acts, 1893. — Chaps. 62, 63. 



request, facts 
found by him, 
etc. 



superior court, the justice by whom the decree was made, 
shall, at the request of the appelhmt, report the facts 
Ibund by him as far as material, provided that such request 
be made within four days after the appellant has been 
notified of the entry of the decree, otherwise the granting 
of such report shall be in the discretion of the justice. 

Approved March 7, 1893. 



Ghap, 62. ^^ -^CT RELATIVE TO MAGISTRATES' FEES IN POOR DEBTOR PRO- 
CEEDINGS. 



Fees in poor 
debtor proceed- 
iutfg before 
certain courts, 
etc. 



Be it enacted^ etc., as follows : 

Section 1. So much of section sixty-eight of chapter 
one hundred and sixty-two of the Public Statutes and sec- 
tion thirteen of chapter four hundred and nineteen of the 
acts of the year eighteen hundred and eighty-eight as pro- 
vides for the fees for examinations and continuances, and 
the issuing of all certificates required to be made or issued, 
is hereby repealed, so far as the same may be applicable 
to proceedings before any police, district or municipal 
court pending prior to the sixth day of June in the yea 
eighteen hundred and ninety-one. 

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

Approved March 7, 1893. 



Chap.(J3. 



1891, 213, §2, 
amended. 



May discontinue 
tracUBand make 
uew locations. 



An Act relative to the removal and relocation of cer- 
tain RAILROAD TRACKS IN THE CITV OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and 
thirteen of the acts of the year eighteen hundred and 
ninety-one is hereby amended by inserting after the word 
"twenty", in the eighteenth line of said section, the 
w^ord : — six, — and by inserting after the word " cross", 
in the nineteenth line, the words : — Tilden street and, — 
so as to read as follows : — Section 2. Whenever the city 
of Lowell shall have arranged for the removal and reloca- 
tion of said railroad tracks as provided in the preceding 
section the Boston and Lowell Kailroad Corporation, for 
the purpose of carrying out such arrangements and in 
compliance w^ith the contracts made pursuant thereto, may 
discontinue and abandon the whole or any part of its road 
as now located on Moody street in said city of Lowell, 
and may make such new location between any point of its 
road us now existing on Button street and any point on 



Acts, 1893. — Chap. 64. 731 

its road as no\y existing on Trcmont street in said city, as 
may l^e approved by the mayor and aldermen of said city, 
and also such other location or locations as may be 
rocjuired in order to connect said new location between 
Tremont and Dutton streets with existing locations, and 
as shall be provided for in the arrangements and contracts 
aforesaid, and approved by said mayor and aldermen. 
'Jlie road thus located shall not exceed twenty-six feet in 
width, and may cross Tilden street and Tremont street at 
grade. The location or locations thereof, prepared and f^^Sfli'led'wuii' 
certified as required by section eighty-nine of chapter one g?^^°'^g'=°'^™'*- 
hundred and twelve of the Public Statutes, together with 
a description of that portion of its road and location dis- 
continued and abandoned as herein authorized, shall be 
filed with the county commissioners of the county of Mid- 
dlesex. 

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

Approved March 7, 1893. 



Ax Act makixg APrROPRiATioxs for the compexsation axd 

EXPEXSES OF THE COMMISSIOXERS OX IXLAXD FISHERIES AXD 
GAME. 



Chap. 64. 



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 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-three, 
to wit : — 

For the compensation and expenses of the commissioners commiHsioners 
on inland fisheries and game, a sum not exceeding thirty- ene" and yame, 
two hundred and fifty d'ollars. cunnxn«ation. 

For one half of the expenses of the hatching at Plymouth, nutchinK at 
in the state of Xew Hampshire, a sum not exceeding nine '^™°"' • 
hundred and fifty dollars. 

For the enforcement of laws, propagation and distribu- Propagation 

,• c -I Jill iiij^ i' and distriljution 

tion 01 salmon, trout, shad, carp and lobsters, tor of lish, etc. 
incidentals, printing and contingent expenses, rent of 
hatcheries, payment for land, running expenses and main- 
tenance of hatcheries, a sum not exceeding fifty-five 
hundred dollars. 

Fur travelling expenses for a member of the district J^''^J®^|;gS 



732 Acts, 1893. — Chap. 65. 

police detailed for service with said commission, a sum 
not exceeding five hundred dollars. 
Expenses of For the payment of runnino- expenses and for repairs to 

the steamer in charge of the commission, a sum not exceed- 
ing forty-tive hundred dollars. 

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

Approved March 7, 1893. 



Chap 



. 65. ^^ ^^'^ ^^ RELATION TO PUBLIC WAYS AND LAYING SEAVERS AND 

WATER PIPES THEREIN. 



Be it enacted, etc., as folloios : 



Laying of SECTION 1. When a town way is laid out, altered or 

water pipes in wideucd, the sclcctmcn may enter and lay sewers and 



town ways, etc. 



water pipes therein before possession is taken for the pur- 
pose of constructing such way, in like manner as if such 
way had been actually constructed ; and the town shall not 
1)6 liable to pay any damages for the laying of such sewers 
or pipes, except as hereinafter provided. Such entry so 
made for the laying of sewers and water pipes shall not be 
deemed an entry for the purpose of constructing such 
way, but until such way is constructed, sewer assessments 
shall be levied only upon the estates of such persons as 
shall connect their drains with such sewers. If such lay- 
ing out, alteration or widening shall become void by 
reason of failure to take possession of such way for the 
purpose of constructing the same, all sewers or water 
pipes so laid within the limits thereof shall be deemed to 
have been legally laid and placed therein ; and damages 
may be recovered therefor in the manner provided by law 
in the case of the laying of sewers or water pipes in private 
lands ; and the right of any person to recover damages for 
the laying of such sewers or water pipes shall be deemed to 
have accrued at the time when such laying out, alteration 
or widening became void. 
^ectV'"''^ Section 2. This act shall take effect upon its passage, 
so far as to allow any town to vote upon the acceptance 
hereof; but shall take full effect in any such town only 
after it shall have been accepted 1)y a majority of the 
voters of such town present and voting thereon by balldt 
at a town meeting called for that i)urpose. The ballots 
shall be furnished by the town, and shall be in the follow- 
ing form : Shall the act entitled, " An act in relation to 



Acts, 1893. — Chaps. 66, 67. 733 

]iul)lic ways and layinp: sewers and water pipes therein", 
heino- chapter of the acts of 1893, be accepted? Yes. 
(or) No. Approved March 7, 1893. 



An Act relative to the issue of ijoxds by the iioosac tun- (JJidp^ 5(5, 

NEL AND WILMINCiTON KAILKOAD COMPANY. 

Be it enacted, etc., asfolloivs: 

Section 1. Section three of chapter two hundred and j^^Hf'^^^' 
eight of the acts of the year eighteen hundred and ninety- amemied. 
one, as amended by chapter twenty-six of the acts of the 
year eighteen hundred and ninety-two, is hereby amended 
by striking out in the tenth, eleventh and twelfth lines 
thereof, the words "eight thousand dollars per mile for 
narrow gauge track and fifteen thousand dollars per mile 
for standard gauge track", and inserting in place thereof 
the following words : — the amount of the authorized capi- 
tal stock of said company, — so as to read as follows : — 
Section 3. The HoosacTunnel and Wilmington Railroad ^^^^^j^^'j;^. 
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 exceeding 
the amount of the authorized capital stock of said company ; 
said bonds to be issued, recorded and approved in accord- 
ance with the provisions of section sixty-two of chapter 
one hundred and twelve of the Pul)lic Statutes «and acts 
amendatory ihexQoi: provided, that in any case the amount Proviso. 
of l)onds so issued shall not exceed the capital stock 
authorized and actually paid in at the time of the issue of 
the bonds. 

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

Approved March 7, 1893. 



An Act authorizing the boston wesleyan association to QJiftjy (57, 

HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows : 

Section 1. The Boston Wesleyan Association may M^y how addi- 
hold real and personal estate, for the purpose set forth in personarestate. 



734 Acts, 1893. — Chaps. 68, GO. 

its act of incorporation, to an amount not exceeding seven 
hundred and fifty thousand dollars. 

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

Approved March 7, 1893. 

Chan, 68. ^^ -"^CT to authorize the XAXTUCKET ATHEX^EUai TO HOLD 
ADDITIONAL REAL AXD PERSONAL ESTATE. 

Be it enacted., etc., as foUotos : 
May hold addi. Sectiox 1. The Nautucket Athenn?um may, for the 

tioual real and , , , t i t i 

personal estate, purpose for whicli it was incorporated, take by bequest, 
gift, grant, or otherwise, and hold, real and personal 
estate not exceeding one hundred thousand dollars, exclu- 
sive of the value of all books, papers, pictures, arms, im- 
plements and utensils illustrative of ethnology or other- 
wise, now owned or which may be acquired by said society. 
Section 2. This act shall take effect upon its passage. 

Approved March 7, 1893. 

CJlCtJ)' 69. ^^ ^^'^ ^*^ AUTHORIZE THE TOWN OF ATTLEBOROUGH TO PUR- 
CHASE THE PROPERTY AND FRANCHISE OF ATTLEBOROUGH FIRE 
DISTRICT NUMBER ONE. 

Be it enacted., ^tc, as follows : 

Jh°aTe° property'' Section 1. The towu of Attlcborough is hereby au- 
etc.of fire ' thoHzed to r)urchase and hold the franchise and corporate 

d)sirict. T 11 1 • 1 1 • •\ Tj.' 

property and all the rights and privileges, on condition 
of assuming all the debts, obligations and liabilities, of the 
Attleborough Fire District Number One of said Attle- 
borough, at a price which may be mutually agreed upon 
between* said town and said district ; and the said tire 
district may sell and convey the same to the said town. 
In case said town and district are unable to agree then the 
compensation to be paid shall be determined by three 
commissioners, to be appointed by the superior court 
upon application of either party and notice to the other, 
whose award when accepted l)y said court shall be binding 
Authority to upou all parties. This authority to purchase and convey 
Tect't. faLent by Said frauchisc and property is granted on the condition 
ajBajority ^^xixt the saiHC is asscutcd to by said town and district by 
a majority vote of said town and said district, of the 
voters present and voting thereon, at a meeting duly 
called for that purpose within two years from the passage 
of this act. 



Acts, 1893. Chap. 69. 735 

Section 2. Upon the execution of said conveyance, Town may 

II .1 • 1 J • -1 1 !• 1 'i-i- i" • 1 12 !• » • 1 suiiplj' water to 

!ill the lights, privileges and liai)ilities ot said hre di.stnct inhabuams, etc 
shall vest in and be assumed by said town of Attleborough, 
and said town may supi)l3^ water to all the inhabitants of 
said town and others, subject to all the duties, restrictions 
and liabilities applicable to said tire district. 

Section 3. Said town at a meeting duly called for water commis. 
that purpose shall choose by ballot a board of water com- liouTterrasof 
missioners, which shall have in charge the construction du'iies/e'ir.'"^*' 
and maintenance of the works of the water supply, and 
shall expend, for the purposes prescribed by said town, 
the money raised for the water de})artment, whether by 
taxation, water rates, bonds or otherwise, subject to such 
instructions, rules and regulations as said town may from 
time to time prescribe. Said board of commissioners 
shall consist of three meml)ers, one of whom shall be 
elected for one year, one for two years and one for three 
years from the last annual meeting, and thereafter at each 
annual meeting one for three years. Said board of water 
commissioners shall annually make a full report to said town 
at its annual meeting, of their doings and expenditures ; 
they shall annually appoint a superintendent and registrar Superintendent 
of the water supply department, and shall prescribe the powerf,"dut[es, 
duties of each office, and for cause may remove them, or ^'°' 
either of them, at any time the interests of said town, in 
their opinion, shall demand. The registrar shall collect 
all water rates and pay the same to the treasurer of the 
town, and shall annually give a good and sufficient bond, 
with sureties, approved by said commissioners and payable 
to said town, in such an amount as the said commissioners 
may determine. The compensation of the superintendent 
and registrar shall annually be determined by the said town 
at its annual meeting. 

Section 4. The said town may, for the purpose of Auieborough 

, -^ ' . , .,.,.^ .* , Water Supply 

paying the necessary expenses and liabilities incurred Bonds not 

exceeding 

under this act and for extending its water pipes, issue $00,000. 
Ijonds in addition to those already issued l)y said district, 
to an amount not exceeding fifty thousand dollars, bearing 
interest at a rate not exceeding five per centum per annum, 
the principal payable at periods of not more than thirty 
years from date of issue. Said town may sell said bonds 
at public or private sale upon such terms and conditions 
as it may deem proper. The said bonds shall be signed 
by the treasurer of the town and countersigned by the 
water commissioners, and shall be denominated Attle- 



73G 



Acts, 1893. — Chap. 70. 



Sinking fund. 



Fire depart- 
ment. 



Chief and assist- 
ant engineers, 
flection, 
powers and 
duties, etc. 



bovoufrli Water Supply Bonds, the interest on which shall 
annually be provided for, either by taxation or by the 
revenue from the water rates or otherwise, as the town shall 
determine. The said town shall annually raise, by tax- 
ation or otherwise, and contribute to the sinking fund of 
the town from year to year, an amount sufficient with its 
accumuhitions to pay the said bonds at maturity. 

Section 5. The selectmen of said town shall have the 
care and custody of the property of the tire department, 
and shall expend for the purposes prescribed by said town 
the money appropriated for the tire department. 

Section 6. The said town shall at its annual town 
meeting choose by ballot a chief and as many assistant 
engineers as the service may require, not exceeding twelve, 
"whose terms of office shall he, for one year. The engineers 
shall be notified and qualified as required by law for other 
town officers, and the provisions of chapter thirty-five of the 
Public Statutes in relation to engineers and their powers 
and duties, so far as applicable, shall apply to this act. 

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

Approved March 8, 1893. 



ChnV 70 ^^ ^^'^ RELATING TO THE PUBLICATION 



1890, 126. §1, 
amended. 



Annual report 
may be pub- 
lirthed in two 
volumee, etc. 



OF THE ANNUAL REPORT 
OF THE BOARD OF COMMISSIONERS OF SAVINGS BANKS. 

Be it enacted, etc., asfolloivs: 

Section 1. Section one of chapter one hundred 
twenty-six of the acts of the year eighteen hundred and 
ninety is hereby amended by striking out the w^ords " fif- 
teen hundred", in the tenth line of said section, and 
inserting in place thereof the words : — two thousand, — 
so as to read as follow^s : — /Section 1. The annual report 
of the board of commissioners of savings banks, required 
to be made to the general court, may hereafter be pub- 
lished in two volumes : that portion relating to savings 
banks, institutions for savings, safe deposit, and loan and 
trust companies to constitute one volume, designated as 
Part I., of which twenty-five hundred copies shall be 
printed ; and that portion relating to coJiperative banks 
and loan companies to constitute another volume, desig- 
nated as Part II., of which tw^o thousand copies shall be 
printed ; the two parts to remain as number eight in the 
series of public documents. 

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

Approved March 9, 1893. 



Acts, 1893. — Chap. 71. 737 

Ax Act to autiiohize the tom^n of easthampton to elect a /^/i^yj^ 71 

150AUD OF SEWEIt COMMISSION EKS AND TO CONSTKUCT AND MAIN- ■* 

TAIN A SYSTEM OF SEWEKACiE AND OF SEAVAGE DISPOSAL. 

Be it enacted, etc. , as follows : 

Section 1. The action of the town of Easthampton at Adoption of 
the annual town meeting held on the fourteenth day of 8ewer'!!g° and 
i\hirch in the year eighteen hundred and ninety -two, raufifd and'"^"^ 
adopting a system of sewerage and sewage disposal, as counrmtd, etc. 
approved by the state board of health, is hereby ratified 
and confirmed ; and the board of sewer commissioners of 
said town, hereinafter named, is hereby authorized to con- 
struct and maintain said system or any part thereof, as 
said board may from time to time determine. 

Sectiox 2. The le<ral voters of said town are authorized T^oard of sewer 

'- 111' commissioners, 

at a meetmg called tor the purpose to elect a board of election, teims 

three commissioners, voters of Easthampton, who shall be 

called the board of sewer commissioners of Easthampton ; 

one of whom shall be elected to serve until the next annual 

IMarch meeting succeeding such election, one to serve until 

one year and one until two years from said annual March 

meeting next succeeding their election. After the first 

election said commissioners shall be chosen, one for each 

year, at the annual March meeting, and shall serve three 

years. If vacancies occur in said board because of death, 

resignation or removal from town, such vacancies shall be 

tilled in the same manner in which vacancies in the board 

of road commissioners are filled. Said commissioners shall cieik, supenn- 

annually appomt a clerk, to be under the direction and poimment, 

,,,. .1 .. i.i • J 1 compensation, 

control ot said commissioners, and they may appoint, bui etc. 
not from their own number, a superintendent ; said com- 
missioners may remove, for sufficient cause, such clerk or 
superintendent. The compensation of such clerk and 
superintendent shall be fixed by the town. The mem- 
bers of said board of commissioners shall serve without 
compensation. 

Section 3. Said board of commissioners alone shall ^tc^oT commits- 
have power to construct, maintain and repair all sewers, sioners. 
drains and works necessary to complete the system of 
sewerage and of sewage disposal adopted by the town and 
herein ratified and confirmed ; but no contract shall be 
made by said commissioners which shall require the pay- 
ment of any greater sum of money than the unexpended 
balance of such sum as may have been appropriated l)y 
the town for the use of said commissioners. Said board 



738 Acts, 1893. — Chap. 72. 

of commissioners may permit any person or corporation 
to enter their private drain into any sewer or sewers con- 
structed or maintained under the authority of this act, 
under such terms and conditions as they may determine. 
Said board, in all matters concerningdrains and sewers, shall 
have the same powers and be subject to the duties, liabili- 
ties and penalties of selectmen and road commissioners. 
Proportion of Sectiox 4. The Said town may by vote determine 

to be paid bT what proportion of the cost of the system of sewerage and 
'°"°* sewage disposal, herein ratified and confirmed, it shall 

ultimately pay, provided that the amount in no case shall 
be less than one quarter nor more than one half of the 
whole cost. 
Debts incurred SECTION 5. Dcbts Incurred by the town of Easthamp- 

in constructing . • i • , • ^ . . . ,^ 

sewers, etc., to tou in laymg, constructmg or mamtaining sewers and a 
thirty years, L'tc. system of scwcr purification and disposal, and in purchas- 
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 relating 
to town indebtedness. 

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

Approved March 9, 1893. 

(JJldJ), 72. ^^ ^'^^ ^^ AUTHORIZE THE HOLTOKE AND WESTITELI) KAILKOAD 
COJIPANr TO ESTAIiLISH A SINKING FUND. 

Be it enacted, etc., asfollotvs: 

Sinking fnnd Section 1. The dircctoi's of the Holyoke and West- 

of bonds due field Kailroad Company, for the purpose of providing a 
Apn 1, 1^98. sji^i^ing fand for the payment of bonds issued l3y the Hol- 
yoke and Westfield Railroad Company, to the amount of 
sixty thousand dollars, which mature on the first day of 
April in the year eighteen hundred and ninety-eight, are 
hereby authorized to loan and invest the balance now 
remaining in the hands of the treasurer of said corpora- 
tion, together with the unexpended appropriations of each 
succeeding year, until the said first day of April. 
Securities in SECTION 2. The fund SO provided and all appropria- 

which fund may , , t c 'i-i' f i i • 

be invested. tious hereafter made for said sinking fund, together with 
the accumulations thereon, shall be invested in the securi- 
ties in which by law the funds of savings banks may be 
invested, except personal securities, although guaranteed 
by sureties, and said sinking fund shall remain inviolate 
and pledged to the payment and redemption of said debts 
and be used for no other purpose. 



Acts, 1893. — Chaps. 73, 74. 739 

Section 3. The directors of said Holyoke and West- commissioners 

,,,-,-,., 1 y^ ,, . . . 01 the Sinking 

tield Kauroad Company shall be, ex oincio, commissioners fund. 
of said sinking fund, and all securities for such loans and 
investments shall he made to them as commissioners of 
the sinking fund of the Holyoke and Westtield Railroad 
Company. 

Section 4. Said directors may in writing authorize Treasurer of the 
and direct the treasurer of said railroad company to take "° '°^ 
charge of said sinking fund and make such loans and 
investments and all necessary reinvestments, in such man- 
ner as they shall determine in accordance with the pro- 
visions of this act ; and, in such event, said treasurer shall 
include in his annual statement of receipts and expendi- 
tures a report of the condition of said sinking fund. 

Sections. Neither said directors nor said treasurer officials not 
shall be entitled to receive any additional compensation ditionai com- 
for the performance of any duty required by the provisions p^"^''^'^"- 
of this act. 

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

Approved March 9, 1893. 

An Act relating to conveyances of real estate by the QJiaj) 73 

TRUSTEES or THE WESLEYAN ACADEMY. ^ 

Be it enacted, etc., asfolloius: 

Section 1. All deeds and other conveyances of real conveyances of 

•^ real estate by 

estate made by the Trustees of the Wesleyan Academy trustees. 
after the acceptance of this act as hereinafter provided, 
shall be sealect with the corporate seal and signed with the 
corporate name of said trustees by the president and treas- 
urer of the corporation, and acknowledged by one of them. 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Section 3. This act shall not take effect unless To take effect 
accepted by the said trustees at their next annual meet- ance. ^*'*'^^*' 
ing held after the passage hereof. 

Approved March 9, 1893. 

An Act to authorize the Massachusetts cotton mills to f^j^nj) 74 

INCREASE ITS CAPITAL STOCK AND ENGAGE IN BUSINESS BEY^OND "' 

THE LIMITS OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts Cotton Mills is hereby May increase 
authorized to increase its capital stock to an amount not "^^^^^^ ®'°''^* 



740 



Acts, 1893. — Chaps. 75, 76, 77. 



May manufact- 
ure goods iu 
any part of the 
■Dnited States. 



exceeding three million dollars, and to invest such portions 
thereof in ^'eal and personal estate, either within or with- 
out the Commonwealth, as may be necessary and conven- 
ient for carrying on its business ; and said Massachusetts 
Cotton Mills is hereby further authorized to carry on the 
business of manufacturing cotton and woolen goods in any 
part of the United States of America. 

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

Approved March 9, 1893. 



Chap. 75. 



Buildings for 
shelter and re- 
freshment may 
be erected in 
certain parks. 



P. 8. 54,§16, nol 
to apply. 

Not to apply 
to Boston. 



An Act relating to the erection of buildings in public parks. 
Be it enacted^ etc., as folloivs : 

Section 1 . The park commissioners of any city or 
town in this Commonwealth may erect and maintain in 
the parks of their respective cities or towns, that now are 
or hereafter may be under their control, except in such 
parks as comprise less than one hundred acres in extent, 
structures for the shelter and refreshment of persons 
frequenting such parks, and for other park purposes, of 
such materials and in such places as in the opinion of the 
fire commissioners, if any, of such cities or towns, do not 
endanger buildings beyond the limits of such parks. 

Section 2. Section sixteen of chapter fifty-four of the 
Public Statutes shall not apply to such buildings. 

Section 3. This act shall not apply to the city of 
Boston. Aiiproved March 9, 1893. 



Glial). 76. ^^ ^^'^ '^^ AUTHORIZE THE TRUSTEES OF THE WORCESTER 
ACADEMY IN WORCESTER TO HOLD ADDITIONAL REAL AND PER- 
SONAL ESTATE. 

Be it enacted, etc., as follows : 

May hold addi- Section 1. The Trustccs of the Worcester Academy 
personal estate, in Worccstcr may hold real and personal estate, for the 
purposes named in its act of incorporation, to an amount 
not exceeding six hundred thousand dollars. 

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

Approved March 9, 1893. 



Chan 77 ^^ ^^^ ^^ establish an alewife fishery in eastham. 

Be it enacted, etc., as folloivs: 
May establish SECTION 1. William IT. Nickcrsou, Wilber S. Cole 

an alewife -r-i /^ i i i i • i 

fishery. and Austui E. Cole are hereby authorized to make the 



Acts, 1893. — Chap. 78. 741 

necessary improvements for the preservation and taking 
of alewives in the Herring pond, so-called, in the town of 
Eastham, and to construct an outlet from said pond to the 
great meadow, so-called, and through said meadow by 
natural creeks to the bay. 

Section 2. The said parties shall be liable to pay all Damages. 
damage that shall be sustained in any way by any person 
in his property in carrying into effect this act. If any 
person sustaining damage as aforesaid shall not agree with 
the said parties in interest as to the amount of damage to 
be paid, he may have his damage assessed in the manner 
provided by law in respect to land taken for highways. 

Section 3. An}' fishery so created shall be deemed to Fishery to be 
be the property of the said parties and their heirs and certain'parties. 
assigns. 

Section 4. No persons without the permission of the AiewWes not to 
said parties, or their heirs or assigns, shall take, kill or wuhout^permis. 
haul on shore any alewives in the fishery so created by *'°°" 
them. 

Section 5. Whoever violates any of the provisions Penalty. 
of this act, or any of the regulations of the said parties 
in interest in said fishery, shall forfeit and pay a sum not 
less than five nor more than fifty dollars for each oflence, 
to be recovered by prosecution before any court in the 
county of Barnstable competent to try the same. Said 
forfeiture shall accrue to the benefit of the parties in 
interest in said fishery. 

Section 6. All prosecutions under the preceding Prosecution, 
section shall be instituted within thirty days from the 
time the ofience was committed. 

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

Ap2)roved March 9, 1893. 



Chap. 78. 



An Act to provide for the extermination of insect pests. 
Be it enacted^ etc., as folloivs: 

Section 1. Cities and towns shall raise annually by Extermination 

. ,. 1 'J. I J? J.1 of insect pests 

taxation and appropriate such a sum ot money as they within the limits 

may deem necessary, to be expended under the direction °^ highways. 

of the mayor and aldermen in cities and the selectmen in 

towns in exterminating insect pests within the limits of 

the highways in their respective cities and towns, and in 

the removal from said highways of all trees and shrubs 

upon which such pests naturally breed : provided, however, 



742 



Acts, 1893. — Chaps. 79, 80. 



To take effect 
upon accept- 
ance. 



that where the owner or lessee of real estate abutting on 
the highway shall annually exterminate all insect pests 
from the trees and shrubs along the highway where said 
real estate abuts thereon, such trees and shrubs shall be 
exempt from the provisions of this act. 

Sectiox 2. This act shall take effect in any city when 
accepted by the city council, and in any town when 
accepted at a legal town meeting called for that purpose. 

Approved March 9, 1893. 



ChCtp. 79. ^^ ^C'T RELATIVE TO THE PAYMENT OF EXPENSES INCtRRED 

UNDER QUARANTINE REGULATIONS. 



P. S. SO, §69, 
amended. 



Owners of 
vessels to pay 
quarantine ex. 
penses. 



Be it enacted, etc., as follows: 

Section 1. Section sixty-nine of chapter eighty of the 
Public Statutes is hereby amended by striking out in the 
second and third lines thereof, the words "such person 
or", and by striking out after the word " vessel", in said 
third line, the words "or goods respectively", so as to 
read as follows : — Section 69. All expenses incurred on 
account of any person, vessel, or goods, under quarantine 
regulations, shall be paid by the owner of such vessel. 

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

Approved March 10, 1893. 



Chap 



. 80. "^^"^ '^^'^ PROVIDING THAT THE CLOSE SEASON FOR BLACK BASS 
FISHING SHALL TERMINATE ON THE FIRST DAY OF JUNE. 



Be it enacted, etc. , as follows , 



p. S. 91, §56, 
amended. 



Penalty for 
taking, buyin 



Section fifty-six of chapter ninety-one of the Public 
Statutes is hereby amended by striking out in the second 
line thereof, the word " July", and inserting in its place 
the word : — June, — so as to read as follows : — Section 
56. Whoever takes a black bass between the first day of 
bass'exfe^^"*^"^ December and the first daj' of June, or at any time except 
etc' ' with naturally or artificially baited hook and hand line, or 
buys, sells, or has in possession an^^ such fish taken in 
this Commonwealth between said dates, or otherwise than 
as allowed in this chapter, shall forfeit for each ofience not 
less than two nor more than twenty dollars : provided, 
however, that this limitation of time shall not be applicable 
to the Connecticut river or its tributaries. 

Approved March 10, 1893. 



Acts, 1893. — Chaps. 81, 82. 743 

An Act to confirm ax order ok location for street kail- QJinyy Q1 

^VAY TRACKS IN ARLINGTON. ^ 

Be it enacted, etc., asfoUoivs: 

Section 1. The location granted by the selectmen of ^o^*7o°yree^ 
the town of Arlington to the West End Street Railway railway tracks 
Company, on or about the fourth day of January in the confirmed. 
year eighteen hundred and ninety-three, for street railway 
tracks to Park avenue, in that part of said town known as 
Arlington Heights, and the provisions, terms and condi- 
tions therein contained, are hereby all and severally 
authorized, ratified, confirmed and made valid and binding 
upon all parties : provided, hoioever, that nothing in this Proviso. 
act shall take away any rights now existing in said town 
or its selectmen to revoke said location at any time, as 
now authorized by law. 

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

Ax>proved March 10, 1893. 



Chap. 82. 



An Act relative to the laying out and alteration of high- 
ways. 

Be it enacted, etc., as foUoivs : 

Section 1. Section eighty-eight of chapter forty-nine p. s. 49, §88, 
of the Public Statutes is hereby amended by inserting *'"^°'^«'^- 
after the word " accrues", in the fifth line of said section, 
the words : — or, if a different time is agreed upon by and 
between the authorities laying out such new way or 
alteration, and all the owners of the land over which such 
way as laid out or altered extends, such time shall be 
specified in the return or report of such laying out or 
alteration, which shall become void, as before provided, 
only in case possession is not taken for the purpose of 
constructing such way within the time thus agreed and 
specified, — also by striking out all after the word "alter- 
ations ", in the eighth line, so as to read as follows: — 
/Section 88. The laying out or alteration of any way Laying out way, 
under the provisions of this chapter shall be void as agai'ns" owner 
against the owner of any land over which the same is taVe^n^tithin^a 
located, unless possession is taken of such land, for the certain time, etc. 
purpose of constructing such w^ay, within two years from 
the time when the right to take such possession first 
accrues ; or, if a different time is agreed upon by and 
between the authorities laying out such new way or 



744 Acts, 1893. — Chap. 83. 

alteration and all the owners of the land over which such 
way as laid out or altered extends, such time shall be 
specified in the return or report of such laying out or 
alteration, which shall become void, as before provided, 
only in case possession is not taken for the purpose of 
constructing such way within the time thus agreed and 
What may be Specified; but an entry for the purpose of constructing 
pos^Bsion."'^ any part of the laying out or alterations shall be deemed 
a taking of possession of all the lands included in the 
laying out or alterations. 

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

Approved March 10, 1893. 

Chcip* 83. A^ Act relating to the disposal of sewage from the Massa- 
chusetts SCHOOL FOR THE FEEBLE-MINDED. 

Be it enacted, etc., as Jollows: 

dtJ-TfWaiJham Section 1. There shall be allowed and paid to the 
for construction city of Waltham a sum not exceeding eighteen thousand 

01 SBwer. 6to« o o 

dollars in full compensation for the construction of a 
public sewer to be owned and operated by said city, and 
to be built by said city from and connecting with its 
present sewerage system to the line of land of the Massa- 
chusetts school for the feeble-minded, located in Waltham, 
and to be used for the disposal of the sewage of said 
school through the present sewerage system of said city, 
subject to the rules and regulations of said city relating 
to the use of said system. The said sum is to be paid to 
said city out of the treasury of the Commonwealth upon 
the first day of July in the year eighteen hundred and 
ninety-three, provided said sewer is then constructed, 
otherwise as soon thereafter as said sewer may be 
constructed. 
cuy°oTwaitham SECTION 2. There shall be allowed and paid to said 
for disposal of city of Waltham as full compensation for the right of dis- 

eewage, etc. i/-! ^ • -i ^ i ^ -i 

posal ot the sewage ot said school through said sewerage 
system, and as the proportionate assessment upon said 
school for the expense of construction of said sewerage 
system, such sum as may be determined by agreement or 
award in the manner provided in section three of this 
act for determining the annual payment therein named. 
Said sum shall be paid out of the treasury of the Com- 
monwealth to the city of Waltham on the first day of July 
in the year eighteen hundred and ninety-three or as soon 



Acts, 1893. — Chap. 84. 745 

thereafter as the amount thereof is certified as provided 
in said section three. 

Section 3. There i^hall be allowed and paid to said aVce"othl°cTt'y 
city of Waltham anniuillv on the first day of July, bc";in- of waithamfor 
ning on the first day oi July in the year eighteen hundred and opeiaiion of 
and ninety-three or as soon thereafter as the certificate *®^^*^''' 
hereinafter named is filed, such amount towards the 
annual expense of maintaining and operating its public 
sewers, including the amount paid annually by said city 
for the disposal of its sewage through the metropolitan 
sewerage system, as maybe agreed upon between the said 
city of Waltham through its board of commissioners of 
sewers, and the Commonwealth through the board of 
trustees of said school ; and in case said boards shall be 
unable to agree, then the amount to be annually paid shall 
be determined by three commissioners to be appointed by 
the supreme judicial court upon the application either of 
said city or said board of trustees, and notice to the other 
of said parties, whose award when accepted by said court 
shall be binding upon said city and the Commonwealth. 
The amount of said annual payment when once fixed shall 
be certified to the auditor of the Commonwealth by a 
certificate thereof signed by a majority of each of said 
boards, in case of an agreement, or by certificate of a 
clerk of said court, in case of an award, filed with said 
auditor, and shall continue to be so paid annually until 
changed by a new agreement or a new award made upon 
application of either said city or the Commonwealth, duly 
certified to the auditor in the manner above-provided ; but 
no change shall be made oftener than once in five years. 
The auditor shall issue his certificate to the governor and 
council for the payment of such sums as the certificates 
shall call for, in the same manner as other claims against 
the Commonwealth. 

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

Approved March 10, 1893. 

An Act makixg appkopkiatioxs for salaries and expenses QJiQr)^ 84. 

AT THE STATE PRISOX AT BOSTON. 

Be it enacted, etc., as Jolloios: 

Section 1. The sums hereinafter mentioned are ap- AppiopriationH 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 



746 



Acts, 1893. — Chap. 85. 



salaries and expenses at the state prison at Boston during 
the year ending on the thirty-first day of December in the 
year eighteen hundred and ninety-three, to wit : — 
State prison. YoY the payment of salaries at the state prison at 

Boston, a sum not exceeding sixty-nine thousand dollars ; 
and for other current expenses at said institution, a sum 
not exceeding ninety-nine thousand and one hundred 
dollars. 

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

Approved March 10, 1893. 



Chap. 85. 



Appropriations. 



Widow of 
Henry B.Wood. 



Annie Fitz- 
gerald. 



Commissioner 
on public 
records. 



Commissioners 
on topographi- 
cal survey. 



Trustees of the 
soldiers' home. 



Widow of 
William S. 
Stoddard. 



Charles A. 
Ruggles. 



An Act making appropeiations for the Massachusetts 

SOLDIEKS' home, TOI'OGRAPHICAL SURVEY AKD MAP OF MASSA- 
CHUSETTS, AND FOR CERTAIN OTHER EXPENSES AUTHORIZED BY 
LAAA'. 

Be it enacted, etc., asfolloivs: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes 
specified in certain resolves of the present year, and for 
certain other expenses authorized by law, to wit : — 

For the widow of Henry B. Wood, the sum of eleven 
hundred twenty-two dollars and fifty-eight cents, as 
authorized by chapter four of the resolves of the present 
year. 

For Annie Fitzgerald, the sum of one hundred dollars, 
as authorized by chapter five of the resolves of the present 
year. 

For printing extra copies of the first report of the 
commissioner on public records, as authorized by chapter 
six of the resolves of the present year, a sum not exceed- 
ing seventy-five dollars. 

For printing extra copies of the report of the commis- 
sioners on the topographical survey of Massachusetts, as 
authorized by chapter seven of the resolves of the present 
year, a sum not exceeding twenty dollars. 

For the trustees of the soldiers' home in Massachusetts, 
the sum of thirty thousand dollars, as authorized by 
chapter eight of the resolves of the present year. 

For the widow of William S. Stoddard, the sum of four 
hundred and eight dollars and six cents, as authorized by 
chapter nine of the resolves of the present year. 

For Charles A. Ruggles, the sum of two hundred and 



Acts, 1893. — Chap. 86. 747 

fifty dollars, as authorized by chapter ten of the resolves 
of the present year. 

For continuing the determination by triangulation of of°cufes'^Ld°^^ 
the boundary lines of the cities and towns of the Com- to^ns- 
monwealth and marking said l)oundary lines, for supple- 
menting and correcting maps, and other expenses in 
connection with the work, a sum not exceeding fourteen 
thousand dollars, as authorized by chapter eleven of the 
resolves of the present year. 

For travelling and incidental expenses of the gas and nghtTc^mls'"" 
electric light commissioners, a sum not exceeding two toners. 
thousand dollars. 

For the travelling expenses of senators, the sum of fj^i^fjn"; 
seventy dollars, being in addition to the three thousand expenses. 
dollars appropriated by chapter three of the acts of the 
present year. 

For the payment of supervisors who served at the state Supervuora at 
election in the city of Boston in the year eighteen hundred issg!^'' 
and eightj'-nine, a sum not exceeding five hundred dollars, 
as authorized by chapter eighty-six of the resolves of the 
year eighteen hundred and ninety-one, the sum heretofore 
appropriated having expired by limitation. 

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

Approved March 10, 1893. 



Chap. 86. 



Ax Act relative to the state i.ibkaky. 
Be it enacted etc., asfolloios: 

Section 1. The first vacancy occurring in the trustees Trustees of 
of the state library shall be filled by the appointment of a ap^pointmenV, 
person to serve for one year from the first day of June in terms of office. 
the year eighteen hundred and ninety-three, the second 
vacancy shall be filled by the appointment of a person to 
serve for two years from the first day of June in the year 
eighteen hundred and ninety-three, the third vacancy shall 
be filled by the appointment of a person to serve for three 
years from the first day of June in the year eighteen 
hundred and ninety-three, and annually thereafter one 
person shall be appointed to serve for three 3'ears from 
the first day of June in the year of his appointment. 

Section 2. The librarian of the state library shall be Librarian, ap- 
appointed by the governor, by and with the advice and o°offi?e, salary, 
consent of the council, to hold office during their pleasure. 
He shall receive an annual salary of three thousand dollars. 



748 Acts, 1893. — Chaps. 87, 88. 

Hbfirian'to be SECTION 3. The present assistaiit librarian of the State 
librarian, etc. library shall be the librarian until a successor is appointed 

and qualified. 
fsgf^V^^' Section 4. Section seventeen of chapter five of the 

repealed'. PubHc Statutcs and chapter two hundred and eighty-seven 

of the acts of the year eighteen hundred and ninety-two 
are hereby repealed. Approved March 10, 1893. 



GJlQ/D. 87. -^^ -^^^ '^^ AUTHORIZE TOWNS TO REVOKE THE ACCEPTAXCE OF 
AN ACT TO AL'THORIZE THE PRINTING AND DISTRIBUTING OF 
BALLOTS FOR TOWN ELECTIONS AT THE PUBLIC EXPENSE 



%v. 



Be it enacted, etc., as follows. 



revoke ^cept- '^^^ acccptauce of chapter three hundred and eighty-six 
ance of 1890, of the acts of the year eio:hteen hundred and ninety may 

386 etc •/ o J <j 

' ' be revoked by any town by a two thirds vote of the voters 

present and voting thereon at an}- annual town or state 
election, and thereupon the same shall cease to be oper- 
ative in such town, and all subsequent town elections shall 
be held as if said act had not been accepted. 

Approved March 13, 1893. 

ChciT). 88. -^-^ ^^^ ^^ ADDITION TO AN ACT MAKING APPROPRIATIONS 

FOR DEFICIENCIES IN APPROPRIATIONS FOR CERTAIN EXPENSES 

AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND NINETY- 
TWO. 

Be it enacted, etc. , as follows : 

Appropriations. SECTION 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
certain expenses incurred at the various penal and reform- 
atory institutions in excess of appropriations therefor in 
the year eighteen hundred and ninety-two, to wit : — 

state prison. For expeuscs at the state prison at Boston, five thousand 

five hundred ninety dollars and eighty-six cents, which 
amount shall be paid from the appropriation for current 
expenses at said prison for the present year. 

state farm. For cxpcnscs at the state farm at Bridgewater, nine 

hundred fifty-two dollars and twenty-four cents, which 
amount shall be paid from the appropriation for current 
expenses at the said farm for the present year. 

state alms- For expcuscs at the state almshouse at Tewksbury, 

thirteen hundred sixty-six dollars and sixty-eight cents,. 



Acts, 1893. — Chaps. 89, 90. 749 

which amount shall be paid from the appropriation for 
current expenses at said ahiishouse for the present year. 

For expenses at the Lyman school for boys at West- Lyman school 

for DOYS. 

borough, twenty-six hundred ninety-two dollars and forty- 
four cents, which amount shall be paid from the appropria- 
tion for current expenses at said school for the present 
year. 

For expenses at the state primary school at Monson, state primary 
sixteen hundred eleven dollars and twenty-six cents, *°'*°°'- 
which amount shall be paid from the appropriation for 
current expenses at said school for the present year. 

For expenses at the state industrial school at Lancaster, state industrial 
eight hundred thirty-two dollars and sixty-nine cents, 
which amount shall be paid from the appropriation for 
current expenses at said school for the present year. 

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

Approved March 15, 1893. 



Chap, 89. 



Ax Act to authokize the Springfield home for friendless 

WOMEN AND CHILDREN TO HOLD ADDITIONAL REAL AND PER- 
SONAL ESTATE. 

Be it enacted, etc., as follows : 

Section 1. The Springfield Home for Friendless May hoid addi. 
Women and Children in the city of Springfield is hereby per^onausute. 
authorized to hold real and personal estate to the amount 
of two hundred thousand dollars. 

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

Approved March 15, 1893. 



Chap. 90. 



An Act to authorize the tow^n of westfield to issue addi- 
tional WATER BONDS. 

Be it enacted, etc., as follows : 

Section 1. The town of Westfield, for the purpose May issue addi- 
of paying, retiring and refunding its outstanding bonds, bondL'^'''" 
issued by said town under the authority of chapter three 
hundred and twenty-two of the acts of the year eighteen 
hundred and seventy-three, which to the amount of thirty- 
five thousand dollars become due on the first day of 
October in the year eighteen hundred and ninety-three, is 
authorized to issue new bonds, signed by the treasurer of 
said town and countersigned by the chairman of the board 
of water commissioners thereof, to be denominated West- 
field Water Bonds, to an amount not exceeding thirty-five 



750 Acts, 1893. — Chaps. 91, 92. 

thousand dollars, payable at periods not exceeding twenty 
years from the first day of October in the year eighteen 
hundred and ninety-three, with interest payable semi- 
annually, at a rate not exceeding four per cent, per 
annum ; and said town may sell said bonds 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 ; and may raise money by taxation 
to pay said bonds and the interest thereon when the same 
shall become due. 
pKTd'for^' Section 2. The town of Westfield shall, before such 
afiTssu^edllftc. t)onds are issued, provide for their payment, either accord- 
ing to the provisions of section twelve of chapter twenty- 
nine of the Public Statutes, or according to the provisions 
of chapter one hundred and thirty-three of the acts of the 
year eighteen hundred and eighty-two ; but said town 
shall not raise more than ten thousand dollars in any one 
year toward the payment of the principal of said bonds, 
except the year in w^hich the same or any part thereof 
may become due. 

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

Approved March 15, 1893. 

Ghap. 91. An Act to change the name of the trustees of the city 

HOSPITAL OF THE CITY OF 150STOX. 

Be it enacted, etc., as foUoivs : 
Name changed. SECTION 1. The name of the Trustees of the City 
Hospital of the city of Boston is hereby changed to The 
Boston City Hospital. 

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

Approved March 15, 1893. 

Chap, 92. An Act to authorize fire district number one of green- 
field TO EXTEND ITS LIMITS. 

Be it enacted, etc. , as folloios : 

dSt miy'be Section 1. Fire District Number One of Greenfield is 
extended. hereby authorized to extend the limits of said district as 

follows : commencing at the northeasterly corner of said 
district and extending the easterly line thereof northerly 
to the place where the highway from Greenfield village 
to Turner's Falls crosses the summit of Rocky mountain ; 
thence westerly to an elm tree standing on the westerly 
side of Federal street, otherwise called the Bernardston 



Acts, 1893. — Chap. 93. 751 

road, six hunclred aud eighly-tive feet northerly from a 
stone marked "8", on the westerly side of said street, 
near the northerly side of Silver street, so-called ; thence 
westerly to a point in the westerly line of the Swamp 
road, so-called, twenty rods northerly on the west line of 
said road from the northerly line of Silver street ; thence 
westerly to Green river, at the mouth of Mill brook ; 
thence southerly on the thread of the stream of the said 
Green river to the northwesterly corner of said district. 

Section 2. This act shall take effect when the same to take effect 
shall have been approved by vote of the legal voters of oFvote?s/°^^ 
said fire district at a meeting called for that purpose. 

Section 3. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. Approved March 15, 1893. 

Ax Act to authorize the lowell, LAWRE^"CE and haveijhill f^j^f^rn QQ 

STREET RAILWAY COMPAJa^ TO LOCATE AND CONSTRUCT ITS ^ ' 

RAILWAY IN THE TOWNS OF NORTH ANDOVER AND BRADFORD. 

Be it enacted, etc. , as folloivs : 

Section 1. Section two of chapter two hundred and ameiidld ^^^' ^' 
eighteen of the acts of the year eighteen hundred and 
ninety-two is hereby amended by inserting after the word 
" Methuen ", in the seventh line of said section, the 
words : — and the towns of North Andover and Bradford, 
— and section three of said chapter is hereby amended by 
inserting in the fifth line of said section, after the word 
" Dracut", the words : — North Andover and Bradford. 

Section 2. The Lowell, Lawrence and Haverhill ^^^^^^^^^''^''' 
Street Railway Company is hereby empowered from time HaveVhuiand 
to time to purchase or lease the property, rights, capital stielt Railway 
stock and franchises of the Haverhill and Groveland nTa^k vaife'/' 
Street Railway Company and the Merrimack Valley Street company!'rtcf 
Railway Company, and any other street railway company 
or companies operating its road in any of the cities or 
towns or having locations, in whole or in part, in any city 
or town included in its location, as granted by said chap- 
ter two hundred and eighteen of the acts of the year 
eighteen hundred and ninety-two or any amendments 
thereof. And said Haverhill and Groveland Street Rail- 
way Company and Merrimack Valley Street Railway 
Company are hereby authorized to lease or sell, convey 
aud assign their franchises and property, and all the rights, 
easements, privileges, locations and powers now or here- 



752 



Acts, 1893. — Chap. 93. 



Proviso, 



after granted or in any way belonging to them to the said 
Lowell, Lawrence and Haverhill Street Railway Company, 
which company shall, upon such conveyance or lease 
being made, have and enjoy, upon the terms of such con- 
veyance or lease, all the rights, privileges, locations, 
easements, franchises and property then and theretofore 
belonging to or in any way owned by said selling or 
leasing corporations : provided, however, that such pur- 
chase or lease shall not be valid unless agreed to by a 
majority of the directors of the purchasing and selling or 
leasing corporations, and said acts of the boards of direc- 
tors shall be approved by the majority in interest of the 
stockholders of each corporation at meetings called for 
that purpose. 
^^ulistocr Section 3. For the purpose of providing means for 

issue bonds, etc. the payment of debts, building and extending the lines 
and equipping the same for operation by electricity, and 
other construction purposes, and for the purchase of the 
capital stock and the payment or purchase of the out- 
standinof bonds of the said Haverhill and Groveland Street 
Railway Company and the Merrimack Valley Street Rail- 
way Company, and for purchasing the property, franchises, 
rights, easements, privileges and powers of the Haverhill 
and Groveland Street Railway Company and the Merri- 
mack Valley Street Railway Company, or any or all 
said purposes, the said Lowell, Lawrence and Haverhill 
Street Railway Company may from time to time, by a 
vote of two thirds in interest of its stockholders, at a 
meeting called and held for that purpose, increase its 
capital stock to an amount not exceeding one million five 
hundred thousand dollars over that now authorized by its 
charter, and for the same purposes, or any of them, may 
from time to time issue coupon or registered bonds bear- 
ing interest not exceeding six per cent, per annum to an 
amount not exceeding the amount of its capital stock 
actually subscribed for and paid in at the time of said 
issue, for a term not exceeding thirty j^ears from date 
thereof. And to secure payment of said bonds with 
interest thereon the said Lowell, Lawrence and Haverhill 
Street Railway Company may mortgage its road and 
franchises and all or any part of its property, and may 
include in such mortgage property thereafter to be 
acquired. Said company may in such mortgage reserve 
to its directors the right to sell or otherwise dispose of 



May mortgage 
road, franchise, 
etc. 



Acts, 1893. — Chap. 94. 753 

property i Deluded in such mortgage which may become 
worn or damaged or otherwise unsuitable to be used in 
the operation of its road, providing that an equivalent in 
value is substituted in lieu thereof. 

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

Apjjroved March 15^ 1893. 



Chap. 94. 



Ax Act to ixcouroRATE the trustees of groton school. 
Be it enacted, etc., as follows: 

Section 1. William C. Endicott, S. Endicott Pea- Trustees of 
body, James Lawrence, Endicott Peabody, William i^corpor^a'ted"' 
Lawrence and J. Pierpoint Morofan.the survivinsf persons purpose, ' 

O i- powers QUtlGS* 

named in a certain declaration of trust made and declared etc. 
by them on the fourteenth day of March in the year 
eighteen hundred and eighty-four, and duly recorded in 
the county of Middlesex, and such other persons as shall 
be elected to fill any vacancies thereunder, are hereby 
made a corporation by the name of the Trustees of Groton 
School, established for the purpose of educating boys and 
young men, and their preparation for college, having 
special regard for the cultivation of manly christian 
character and to moral and physical as well as intellectual 
development ; with all the powers and privileges and 
subject to all the duties and liabilities set forth in all 
general laws which now are or may hereafter be in force 
and applicable to such corporations : provided, said Proviso, 
trustees shall not be subject to any duties or liabilities 
inconsistent with said declaration of trust. 

Section 2. The said corporation may hold and con- Mayhoidand 
trol the lands given to said trustees by James and Prescott g^veTbi^james 
Lawrence, and mentioned in said declaration of trust, and ^^'^ Prescott 

IjawreDce* 6tc< 

the proceeds of the same, and all of the lands given or pur- 
chased for the uses of said school, and may assume, 
succeed to and carry out all contracts and agreements 
made under said declaration. 

Section 3. Said corporation is hereby authorized to May receive and 
take and receive by gift, grant, bequest, devise or other- andVer^souar' 
wise, any lands, tenements or other estate, real or personal, ^^'^'e- 
to have and to hold the same upon the terms and for the 
purposes specified in the declaration of trust aforesaid ; 
and also upon such terms and for such purposes and trusts 
as may be expressed in any deed or instrument of con- 
veyance or gift made to said corporation : provided, the Provisos. 



754 Acts, 1893. — Chap. 95. 

same shall not be inconsistent with the terms and purposes 

of the declaration of trust aforesaid, made and declared 

by said trustees ; and provided, the real and personal 

estate held by said corporation shall not exceed in value 

five hundred thousand dollars. 

Upon dissoiu- Section 4. Upon the dissolution of said corpora- 
tion of corpora- . ^ • i i • i 

tion, rights and tioD, its rights and properties shall be and vest m the 
vest in trustees, aforcsaid board of trustees under such declaration of trust, 
subject only to be taken to pay the debts of said cor- 
poration. 

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

Approved March 17, 1893. 

CllCUD. 95. -^ -^*^^ ^^ DEFINE EXEMPTIONS ■ FR03I THE CIVIL SERVICE RULES. 

Be it enacted, etc., as follows: 

1884, 320, §15, Section fifteen of chapter three hundred and twenty of 

the acts of the year eighteen hundred and eighty-four is 
hereby amended by striking out in the first line of said 
section, the words "elective or", by inserting after the 
words " and ofiScers ", in said first line, the words : — who 
are elected by the people or a city council or, — ])y strik- 
ing out in the third line, the words " a city council or a 
school committee ", and inserting in place thereof the 
words: — of the Commonwealth, or the city council of 
any city, officers who are elected by either branch of the 
general court and the appointees of such officers, — by 
striking out after the word " principal ", in the fourth line, 
the words " department in ", and inserting in place thereof 
the words : — departments of the Commonwealth or of, — 
by striking out in the fourth, fifth and sixth lines, the 
words " officers for the faithful discharge of whose duties 
a superior officer is required to give bond ", and inserting 
in place thereof the words : — the employees of the 
treasurer of the Commonwealth, and of the treasurer and 
collector of taxes of any city, two employees of the city 
clerk of any city, — by striking out in the seventh line, 
the words "private secretary", and inserting in place 
thereof the w^ords : — secretaries and confidential stenog- 
raphers, — by striking out in the eighth line, the words 
" election or", and inserting after the word " selection", 
in said line, the words : — or appointment, — by inserting 
after the word " commissioners", in the eleventh line, the 
^vord : — and, — by striking out in said eleventh line, the 



Acts, 1893. — Chaps. 96, 97. 755 

words "superintendents and", by striking out after the 
word "marshals", in the twelfth line, the words "of 
police dejiartments and chief engineers of", and inserting 
in place thereof the words : — or chiefs of police and, — so 
as to read as follows: — Section 15. Judicial officers officers and 
and officers who are elected by the people, or a city eSpted^from" 
council, or whose appointment is subject to confirmation ruiee!^""'*' 
by the executive council of the Commonwealth, or the 
city council of any city, officers who are elected by either 
branch of the general court and the appointees of such 
officers, heads of any principal departments of the Com- 
monwealth or of a city, the employees of the treasurer of 
the Commonwealth, and of the treasurer and collector 
of taxes of any city, two employees of the city clerk of 
any city, teachers of the public schools, the secretaries and 
confidential stenographers of the governor or of the mayor 
of any city, shall not be affected as to their selection or 
appointment by any rules made as aforesaid, but such 
rules shall apply to members of the police and fire 
departments, other than police and fire commissioners and 
chief marshals, or chiefs of police and lire departments. 

Approved March 17^ 1893. 



An Act to authorize james w. dearbokn and others to build (JJin^^ Orj 

AND MAINTAIN A BRIDGE OVER SAUGUS RIVER. 

Be it enacted, etc., as folloios : 

Section 1. James W. Dearborn, Adoniram J. Dear- Maybuii.iand 
born, Charles W. Dearborn and Charles C. Blanchard are blTg^ewei 
hereby authorized to build and maintain a bridge over and Sangus mer. 
across the Saugus river, so-called, connecting their land 
in the city of Lynn, called Riverside park, with their land 
in the town of Saugus, subject to the provisions of chapter 
nineteen of the Public Statutes and to any other laws 
which now are or . hereafter may be in force applicable 
thereto. 

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

Ai)p>roved March 17, 1893. 

An Act in relation to the establishment and maintenance njffyj) 07 

OF the fire DEPAIWMEN'T of the city of SPRINGFIELD. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The powers and duties conferred by the springfieidfire 
provisions of chapter one hundred and seventy-five of the <^«p*"™<^°^- 



75G Acts, 1893. — Chap. 08. 

acts of the year eiirliteen hundred and fifty-three, upon 
the city council of the city of Springfield and the mayor 
and aldermen thereof, in relation to the establishment and 
maintenance of a fire department, may be exercised and 
carried into effect by said city council in such manner as 
it may from time to time prescribe, and wholly or in part 
through the agency of any persons acting as a board whom 
it may from time to time designate, and with such limita- 
tion of power as said city council may by ordinance direct. 
Such persons shall sei've without compensation. 

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

Approved March 17, 1893. 

Chan 98 ^^ ^*-^^ '^^ authorize the citv of medfoijd to impkove and 
in'ckease its water supply and to make an additional 
w^ater loan. 

Be it enacted, etc., as follows: 

Med ford rany Section 1. For the purposc of increasing its water 

take, hold and . /.tv«-i/>i- t ^• • i 

improve certain supply the City ot Mcdford, lu addition to the authority 

IftDd water and ii.«/ «/ ^ ^ ^ %/ 

water rights, heretofore granted, may from time to time take by pur- 
chase or otherwise, hold and improve all or any part of 
the land, with the water and water rights, lying in said 
city within the area bounded on the south and southwest 
by a line running from Forest street along the south and 
west foot of Pine hill to the east line of the watershed 
of the brook iTinning from the town of Winchester's south 
reservoir ; on the west by the east line of the watershed 
of said brook and said reservoir ; on the north by the 
boundary line between Stoueham and Medford ; and on 
the east by Forest street. 

May take or Section 2. For the purpose of obtaining a supply of 

lease, hold and f -i • • n ^ . -, ' 

improve land in- watcr by mcans of driven or artesian wells, said city may 
from time to time within three years from the passage of 
this act take by purchase or otherwise, hold and improve 
the whole or any part of the land in said Medford bounded 
and described as follows : commencing at the northeasterly 
corner, at the intersection of Valley and Fulton streets ; 
thence southerly by Fulton street to a branch of Gravelly 
creek ; thence about westerly in a straight line to the 
southwesterly corner of land of Chipnian, assignee ; thence 
about westerly on land of Lawrence, of Simpson, of 
Goggin, of Garvey and of Campbell, to land formerly of 
Wait and others ; thence about northerly by the easterly 



Acts, 1893. — Chap. 98. 757 

line of said AVait land prolonged to said Valley street, and 
thence about easterly on said Valley street to the point 
liegun at. Or said city may, for tlie purposes aforesaid, 
hire or lease the whole or any part of the same from time 
to time and for such term or terms of years as it shall 
determine. 

Section 3. The said city shall, within sixty days after DeBcnpuon of 
the taking of any lands, water and water rights, as pro- to be recoVdt/" 
vided in the two preceding sections, file and cause to be deedsr"^^*^* 
recorded in the registry of deeds for the county and 
district within which such lands, water and water rights 
are situate, a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken. 

Section 4. All claims for damages sustained by tak- Damages, 
ing land, water or water rights hereunder shall be 
ascertained, determined and recovered in the manner now 
provided by law in case of land taken for highways, 
except that the complaint may be filed at any time within 
three years after said taking : j)^^ovid€d, lioicever, that no 
application for assessment of damages shall be made for 
the taking of any water, water rights, or for any injury 
thereto, until the water is actually withdrawn or diverted 
by said city under the authority of this act. 

Section 5. For the purposes of extending, improving city of Medford 

1 • ^.\ -i. r -i i. 11- Water Fund 

and preserving the purity oi its water supply and increas- Bonds. 
ing the efficiency of its water works, and for the purposes 
of this act, the city of Medford may from time to time 
issue bonds to an amount not exceeding three hundred 
thousand dollars in addition to the bonds or scrip hereto- 
fore authorized and outstanding, bearing such rate of 
interest, not exceeding five per centum per annum, pay- 
able semi-annually and to become due and payable at 
such time or times not later than the first day of July in 
the year nineteen hundred and twenty-three, as the city 
council of said city shall determine. Such bonds shall 
be denominated City of Medford Water Fund Bonds, and 
shall be signed by the mayor and treasurer of said city 
and countersigned by the auditor of said city. Said city 
may sell and dispose of the same from time to time for the 
purposes aforesaid, on such terms and conditions as the 
city council of said city shall authorize. 

Section 6. Said city upon issuing bonds shall estab- stnkiDgfund. 
lish a sinking fund sufficient, with the jearly additions 



758 Acts, 1893. — Chap. 99. 



herein provided for and its other accumulations, to pro- 
vide for the payment of the principal thereof at maturity. 
The provisions of sections seven and eight of chapter one 
hundred and sixty of the acts of the year eighteen hundred 
and seventy shall apply to such sinking fund, except that 
said city may in any year raise by taxation for the purpose 
of said sinking fund an amount not exceeding five thousand 
dollars ; and in addition any premiums received from the 
sale of bonds issued under authority of this act shall be 
paid into such sinking fund forthwith upon their receipt. 
Section 7. This act shall take efiect upon its passage. 

Ajyproved March 17^ 1S93. 



Chap. 



). 99. An Act relative to the examination of reservoirs, reser- 
voir-dams AND MILLDAMS BY COUNTY COMMISSIONERS. 

Be it enacted, etc., as folloivs : 
Sonera may""" Section 1. In auy casc whcu a reservoir, reservoir- 
td'^esamifl"^^'^^ ^^^^ °^' tiiiUdam is required to be examined by county 
reservoirs, mill- commissioners, as provided by section one of chapter 

dams, etc., and , , i i i Ai' /• i /• i • i 

report ihereon. three hundred and ntteen ot the acts oi the year eighteen 
hundred and ninety-one, the county commissioners may 
in their discretion cause and direct such examination to be 
made by a competent engineer, who shall make such 
examination as soon as practicable and submit to said 
commissioners a full written report of such examination. 
If he shall deem the reservoir, reservoir-dam or milldam 
so examined to be safe and in good condition, he shall so 
report ; but if he shall deem the same unsafe or danger- 
ous, he shall report in detail its condition and what work, 
improvement or change is required for safety and the 
public good. 

Actionupon SECTION 2. If such rcpoi't statcs, or the details of the 

report to be the ,,, n i .t.,. 

same as when conditioii ot tlic structurc examined indicate, that the 

examination is . -i i i i /• j i i 

made by county samc IS dangei'ous or probably unsate, the county com- 
commissioners. mjssioners shall take such action in relation thereto as 
they are required to take under said section if the exam- 
ination had been made by themselves, and shall act 
accordingly. 
of'Tn^neere" SECTION 3. Such engineer shall be allowed a reason- 
able compensation for his services b}'- the county commis- 
sioners, and the amount of his compensation shall be paid 
out of the county treasury. 
Section 4. This act shall take effect upon its passage. 

Axjproved March 17, 1S93. 



Acts, 1893. — Chaps. 100, 101. 759 



Ax Act authorizing the appointment of a commission to C'Tinj^ iQf) 

DRAFT AN ACT EMBODYING THE PRINCIPLES OF THE TOKRENS ^' 

SVSTEM OF LAND TRANSFER. 

Be it enacted^ etc., asfolloios: 

Section 1. The governor, by and with the advice and conimission on 

., , ,, '^ . . . act embodying 

consent of the council, shall appoint a commission to con- Torreos system 

. , ,. , •ill J. J IV 1 J °^ ^^'^ transfer. 

sist oi three suitable persons, to dratt and prepare an act 
embodying the principles of the Torrens system of land 
transfer, with such changes as may be deemed necessary 
to adapt the same to the laws of the Commonwealth. 

Section 2. Said commissioners may employ such Powers, duties, 
assistants as they may deem expedient, may send for It^^oiTommla- 
persons and papers, may have a room in the state house, ^lonere. 
and shall report said act to the next general court on or 
before the first Wednesday of February. Said commis- 
sioners ma}'^ expend such sums in the performance of their 
duties, and shall be allowed such compensation, as the 
governor and council may determine. 

Approved March 17, 1893. 

An Act to authorize the town of leominster to i^cur /nrt^„ -i a-i 

INDEBTEDNESS BEYOND ITS DEBT LIMIT FOR THE PURPOSE OF ^ 

ERECTING AND FURNISHING A NEW TOWNIIALL, AND FOR SCHOOL 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Leominster, for the purpose Mayincurin. 
of erecting a new townhall and furnishing the same, and ^^^^^tTTJl^ 
for the purpose of purchasing or acquiring lands for the taking und. 
location of schoolhouses and the erecting and furnishing buildings, etc. 
of the schoolhouses to be built thereon, may incur in- 
debtedness to the amount of one hundred and twenty-five 
thousand dollars, by the issuing of bonds or certificates of 
indebtedness, and may renew the same from time to time : 
provided, hoioever, that in no event shall the time for the 
payment of the same, or any part thereof, be extended 
beyond the period of thirty years from the passage of this 
act. 

Section 2. The indebtedness incurred under this act indebtedness 
shall not be considered or reckoned in determining the sidered I'n'^de' 
authorized limit of the town of Leominster under the pro- nrt!°'°^'^'" 
visions of section four of chapter twenty-nine of the 
Public Statutes. 



760 Acts, 1893. — Chaps. 102, 103, 104. 

mtoapph^* Section 3. Except as herein otherwise provided the 
provisions of chapter twenty-nine of the Public Statutes, 
and of chapter one hundred and twent3^-nine of the acts 
of the year eighteen hundred and eighty-four, shall apply 
to the issue of such bonds or certificates of indebtedness. 
Section 4. This act shall take effect upon its passage. 

A2yproved March 17, 1893. 

Chcip.\02i -A.N Act to authorize the toavx of provdjcetown to issue 

ADDITIONAL WATEK BONDS. 

Be it enacted, etc., as follows: 

^duS water SECTION 1. The towu of Provincctown is hereby 
bonds. authorized to issue bonds, notes or scrip to an amount 

not exceeding five thousand dollars in addition to the 
amount authorized by chapter two hundred and seventh- 
six of the acts of the year eighteen hundred and eighty- 
nine, for the purposes named in said chapter. 

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

Approved March 17, 1893. 

(7A(?P.103 -^ -^CT TO ESTABLISH THE SALAKY OF THE THIRD CLERK IN THE 
OFFICE OF THE SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

fg/abLhed. Section 1. The salary of the third clerk in the office 

of the secretary of the Commonwealth shall be eighteen 
hundred dollars a year, and at the same rate for any por- 
tion of a year, to be so allowed from the first day of 
January in the year eighteen hundred and ninety-three. 
Section 2. This act shall take effect upon its passage. 
• Approved March 17, 1893. 



CJian.\04o ^^ ^^^ ^^ AUTHORIZE THE 
ATE MONEY FOR THE CARE 



CITY OF SOMERVILLE TO APPROPRI- 
AND IMPROVEMENT OF SOMERA'ILLE 
CEMETERY. 

Be it enacted, etc., asfolloivs: 
May make The citv of Somei'ville, bv a vote of two thirds of all 

appropriations '^ \ " /> ,^ -^ -i ^ i i 

for care, etc., th© mcmbers ot cach branch ot the citv council taken by 

of Somerville i t i i y i " j i 

cemetery. ycas uud uays and approved by the mayor, may grant and 

vote such sums as they may judge »ecessaiy, for the 
enclosing, care and improvement of the burial ground on 
Somerville avenue in said Somerville known as the Somer- 
ville cemetery. Ai^jyoved 3Iarch 17, 1893. 



Acts, 1893. — Chaps. 105, 106. 761 



An Act to authouize officers qualified to serve criminal Chap. 105 

PROCESSES, and THE C0MMISSI0NT;RS ON INLAND FISHERIES AND 
GAME AND THEIR DEPUTIES, TO MAKE ARRESTS WITHOUT AVAR- 
RANT FOR VIOLATION OF FISH AND GAME LAWS. 

Be it enacted^ etc., as follows: 

Section 1. All officers qualified to serve criminal proc- Arrest of per- 

d. J . . • 1 1 12 1 • J sons for viola. 

the commissioners on inland lisneries and uon of tish or 

game and their deputies, are hereby authorized and ^^"^^^ ^'>■^^■ 
empowered to arrest without warrant any person whom 
they shall find violating any of the fish or game laws : 
provided, however, that persons engaged in the business 
of regularly dealing in the buying and selling of game as 
an article of commerce shall not be arrested without war- 
rant for having in possession or selling game at their 
usual places of business. 

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

Approved March 17, 1893. 



An Act in relation to the granting of licenses for carry- 
ing ON offensive trades. 



Chap.im 



Be it enacted, etc., asfollovys: 

Section ninety-two of chapter eighty of the Public p. s. so, §92, 
Statutes is hereby amended by inserting after the word '^'^®°'^^ 
"aldermen", in the seventh line thereof, the words : — 
and of the common council, if there is such a board, — 
and by inserting after the word "aldermen", in the 
seventeenth line thereof, the words: — and of the com- 
mon council, if there is such a board, — so as to read as 
follows : — Section 92. Whoever occupies or uses a slaughter 
building for carrying on therein the business of slaughter- I'o^brused^wi'ih- 
ing cattle, sheep, or other animals, or for a melting or ou^'eave. 
rendering establishment, or for other noxious or oflensive 
trades and occupations, or permits or allows said trades 
or occupations to be carried on upon premises owned or 
occupied by him, without first obtaining the written con- 
sent and permission of the mayor and aldermen, and of 
the common council, if there is such a board, of the city, 
or selectmen of the town in which the building or premises 
are situated, shall forfeit a sum not exceeding two hundred Penalty. 
dollars for every month he so occupies or uses such build- 
ing or premises, and in like proportion for a longer or 



762 Acts, 1893. — Chaps. 107, 108. 

Proviso. shorter time : provided, that this section shall not apply 

to any building or premises occupied or used for the 
trades or occupations before described on the eighth day 
of May in the year eighteen hundred and seventy-one ; 
but no person occupying or using any building or prem- 
ises on said date for the trades or occupations aforesaid 
shall enlarge or extend the same without first obtaining 
the written consent and permission of the mayor and 
aldermen, and of the common council, if there is such a 
board, or selectmen. Approved March 17, 1893. 

ChciD.lOl "^^ ^^'^ RELATIVE TO THE PAYMENT OF THE AVATEB DEBT OF THE 

TOWN OF NEEDHAM. 

Be it enacted, etc. , as follows : 
1888, 107, §6, Section 1. Section six of chapter one hundred and 

amended. .11 •! 

seven of the acts of the year eighteen hundred and eighty- 
eight is hereby amended by striking out after the word 
*' in", in the third line thereof, the words *' such annual 
proportionate payments as will ", and inserting in place 
thereof the words : — annual payments of such amounts as 
will in the aggregate, — also by striking out in the ninth 
line, the word "and", and inserting in place thereof the 
word: — are, — so as to read as follows: — Section 6. 
amniaYpay.^ ^^ The Said town instead of establishing a sinking fund may, 
"fTs'tab'ifshhfg ^t the time of authorizing said loan, provide for the pay- 
.sinking fund, mcnt thcrcof lu annual payments of such amounts as will 
in the aggregate 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 2. This act shall take effect upon its passage. 

Approved March 17, 1893. 

Ch(t)).\OS ^"^ -^CT TO AUTHORIZE THE PRINTING OF A LARGER EDITION OF 

THE BLUE BOOK. 

Be it enacted, etc., as follows: 

Edition of the SECTION 1. One tllOUSaud COpicS of the acts and re- 

creased, solves, in the form known as the blue book, shall be 



Acts, 1893. — Chap. 109. 763 

annually printed in addition to the number already re- 
quired by chapter four hundred and forty of the acts of 
the year eighteen hundred and eighty-nine. 

Section 2. Each member of the general court shall Distribution. 
receive three copies in addition to the number now pro- 
vided for by law. 

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

Approved March 17 ^ 1893. 



"" Chap.im 



An Act kelative to the payment of the water debt of 
the town of stoughton. 

Be it enacted, etc. , as follows : 

Section 1 . Section twelve of chapter two hundred ^^^^' ^^o- §12, 
and forty of the acts of the year eighteen hundred and 
eighty-six is hereby amended by inserting in the second 
line, after the word "loan", the words: — or any part 
thereof, — also by striking out after the word "in", in 
the third line thereof, the words " such annual propor- 
tionate payments as will ", and inserting in place thereof 
the words : — annual payments of such amounts as will in 
the aggregate, — so as to read as follows : — /Section 12. 
The said town instead of establishing a sinking fund, may May provide for 
at the time of authorizing said loan or any part thereof, m ems instead 
provide for the payment thereof in annual payments of sinkfifgfunlL^ 
such amounts as will in the aggregate 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 2. The validity and effect of all bonds, notes Determination 
and scrip heretofore issued, and all loans heretofore made and effm'V/^ 
for any of the purposes specified in the act hereby ''°°^*' ^'*^" 
amended, or any act in addition to or amendment of the 
same, and all acts and votes of the town of Stoughton and 
of its oiEcers, shall be determined in the same manner as 
if the said act had been originally enacted as hereby 
amended. 

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

Apjyroved March 17, 1S93. 



76i 



Acts, 1893. — Chaps. 110, 111, 112. 



Chaj).nO 



May incur in- 
debtednesi for 
the purpose of 
acquiring lands, 
erecting school- 
houses, etc. 



Not to be con- 
sidered in de- 
termining debt 
limit. 



P. S.29; 1884, 
129 to apply. 



An Act to 'authorize the city op fitchburg to incur indebt- 
edness BEYOND THE LIMIT FIXED BY LAW, FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows : 

Section 1. The city of Fitchburg, for the purpose 
of purchasing or acquiring lands for the location of school- 
houses and for the purpose of erecting and furnishing 
schoolhouses, may incur indebtedness to the amount of 
two hundred thousand dollars, by the issuing of bonds or 
certificates of indebtedness, payable in thirty 3'ears from 
the date of their issue and bearing interest payable semi- 
annually at a rate not exceeding four per cent, per annum. 

Section 2. The indebtedness incurred under this act 
shall not be considered or reckoned in determining the 
authorized limit of indebtedness of the city of Fitchburg 
under the provisions of section four of chapter twenty- 
nine of the Public Statutes and acts in amendment thereof. 

Section 3. Except as herein otherwise provided 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 apply 
to the issue of such bonds or certificates of indebtedness, 
and to the establishment of a sinking fund for the pay- 
ment thereof at maturity. Approved March 17, 1893. 

(JhCtn.\W -^^ '^C'^ REQUIRING THE CHIEF OK THE DISTRICT POLICE TO RE- 
CEIPT FOR REPORTS OF ACCIDENTS. 

Be it enacted, etc., as follows: 

Section 1. When notice of any accident is sent to 
the chief of the district police, un^er the provisions of 
section one of chapter two hundred and sixty of the acts 
of the year eighteen hundred and eighty-six or acts 
amendatory thereof, said chief of the district police shall 
fortkwith return to the sender of such notice a written or 
printed acknowledgment of the receipt of the same. 

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

Approved March 17, IS 93. 

.112 ^^ ^^^ CONCERNING THE EMPLOYMENT OF CLERKS AND OTHER 
ASSISTANCE IN THE DEPARTMENT OF THE SECRETARY OF THE 
COMMONAVEALTH. 

Be it enacted, etc., as follows : 

Section 1. Chapter two hundred and thirty-nine of 
the acts of the year eighteen hundred and ninety is 



Chief of district 
police to receipt 
for reports of 
accidents. 



Chap 



1890, 239, §1, 
amended. 



Acts, 1893. — Chaps. 113, 114. 7G5 

iHiiended by adding at the end of section one, the following 
Mord.s : — excepting the present engrossing clerk and the 
present corjioration clerk, who may each receive a salary 
of fourteen hundred dollars a year, to l)o so allowed from 
the tirst day of January in the year eighteen hundred and 
ninety-three, — so as to read as follows: — Section 1. 
The secretary of the Commonwealth is hereby authorized cierksand 

•J . , . "^ f , messenger, 

to eniplo}', at an expense not exceeding thirteen thousand 
dollars a year, a messenger and such additional clerks and 
other assistance as may be necessary for the despatch of 
public business : j)rovidedy that no person so employed Proviso. 
shall receive compensation at a rate exceeding twelve 
hundred dollars a year, excepting the present engrossing 
clerk and the present corporation clerk, who may each 
receive a salary of fourteen hundred dollars a year, to be 
so allowed from the first day of January in the year 
eighteen hundred and ninety-three. 

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

Approved March 20, 1893. 

Ax Act to authorize the tow^n of Randolph to pay certain (JJimjA 13 

BOUNTIES. 

Be it enacted, etc., as follows: 

Section 1. The town of Randolph is authorized to Maypayboun- 

„'i,.. n i T/> ties to certain 

raise by taxation a sum ot money not exceeding lour soldiers. 
hundred dollars, and appropriate the same to the payment 
of a bounty of one hundred dollars each to the following 
named soldiers : Hugh Hickey, George Gerald, Hiram S. 
Faunce and John W. Lyons : provided, that said town Proviso, 
shall not be reimbursed by the Commonwealth for any 
money paid under the authority of this act. 

Section 2. If either of said soldiers dies before May be paid to 
receiving his said bounty it shall be paid to his widow, 
or, if he leaves no widow, to his lawful heirs. 

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

Approved March 21, 1893. 

An Act to limit the time within which safe deposit, loan QJi(jv.'[14: 
and trust companies shall organize and commence busi- 

nt:ss. 

Be it enacted, etc., as follows : 

Section 1. Every safe deposit, loan or trust company to organize 
hereafter incorporated under the laws of this Common- year"? 



766 Acts, 1893. — Chaps. 115, 116. 

wealth shall organize and commence business within two 

years from the date of its incorporation, or its charter 

shall become void. 

busi'ne^wHhiD Section 2. Evcrj such company heretofore incorpo- 

two years. rated shall commence business within two years from the 

passage of this act, or its charter shall become void. 

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

Approved March 25, 1893. 

Chcip.W5 -^^ ■^^'^ '^^ AUTHORIZE THE BRIGHTON EVANGELICAL SOCIETY TO 
CONVEY ITS PROPERTY TO THE BRIGHTON EVANGELICAL CON- 
GREGATIONAL CHURCH. 

Be it enacted, etc., as follows: 
May convey real SECTION 1. The BHghton Evauo-elical Socicty is herc- 

and personal , i • i i ^ • i -n i • i 

estate to Brigh- by authorizcd to convey to the Brighton Lvangehcal 

cong/egatfonai Congregational Church all real and personal estate now 

Church. ^jjg property of said society, free and discharged of all 

trusts, restrictions, conditions and agreements set forth 

in and created by a certain tripartite instrument entered 

into and executed on the twenty-seventh day of March in 

the year eighteen hundred and thirty-two by James 

Greenwood and others, recorded with Middlesex deeds in 

book three hundred and sixteea, page two hundred and 

eighty. 

May convey all SECTION 2. The Said Brighton EvangcHcal Society is 

to eaid church, also authorized to convey to said Brighton Evangelical 

Congregational Church any and all other property and 

estate, real, personal and mixed, now belonging to said 

society, or to which said society is or may be entitled, or 

in which said society may be interested. 

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

Approved March 25, 1893. 

Chap.WQ ^ -^CT TO CONFIRM THE PROCEEDINGS OP CERTAIN TOWN MEET- 
INGS OP THE TOWN OF SHEFFIELD. 

Be it enacted, etc., as follows : 
Proceedings of The proceedings of the town meetings of the town of 
confirmed. Sheffield, held on the thirtieth day of March in the year 
eighteen hundred and ninety-one and the twenty-eighth 
day of January in the year eighteen hundred and ninety- 
three, relating to the acceptance of the provisions of 
chapter three hundred and eighty-six of the acts of the 
year eighteen hundred and ninety and the acts in amend- 



Acts, 1893. — Chap. 117. 767 

ment thereof, shall not be invalid by reason of any defects 
in the warrants calling said meetings or failure to comply 
with the provisions of said acts, but are hereby ratified 
and contirnied. Approved March 25, 1893. 

Ax Act kelatixg to fidelity insurance and corporate nijfjr^x '\'\'7 

SURETY. "' 

Be it enacted, etc.yas foUoivs: 

Section 1. Section sixty-one of chapter two hundred ^^^j^^^'^^^* 
and fourteen of the acts of the year eighteen hundred and 
eighty-seven is hereby amended by inserting after the 
word " amount", in the thirty-seventh line of said section, 
the words : — bv suitable and sufficient collateral agree- 
ments of indemnity, — and by adding at the end thereof, 
the following words: — or, in case such liability is in- 
curred in behalf or on account of a fiduciary holding 
property in a trust capacity, by such deposit or other 
disposition of a suitable and sufficient portion of the estate 
so held, that no further sale, mortgage, pledge or other 
disposition can be made thereof without such company's 
approval, except by the decree of a court having proper 
jurisdiction, — so as to read as follows : — Section 61. 
Any company organized under this act or chartered by May make 
any other state or governaient to transact fidelity insur- rns°urance°to 
ance and corporate suretyship, and qualified to do business uy^orpe^sous'" 
in this Commonwealth, may make contracts of insurance holding posi- 

' J iiT •• . tions of trust. 

to guarantee the fidelity of persons holdmg positions of 
trust in private or public employment or responsibility, 
and may, if accepted and approved by the court, magis- May act as 
trate, obligee or person competent to approve such bond, bondr,et^c°" 
act as surety upon the official bond or undertaking in civil 
procedure of any person or corporation to the United 
States, to the Commonwealth of Massachusetts, or to any 
county, city, town, judge of probate and insolvency, 
sheriff or other court, magistrate or public officer, or to 
any corporation or association public or private ; and also 
may act as surety upon any bond or undertaking to any 
person or corporation conditioned upon the performance 
of any duty or trust or for the doing or not doing of any- 
thing in said bond specified, and upon bonds to indemnify 
against loss any person or persons who are responsible as 
surety or sureties upon a written instrument or otherwise 
for the performance by others of any office, employment, 



768 



Acts, 1893. — Chap. 117. 



May act as sole 
surety, etc. 



Not to incur 
liability for an 
amount larger 
than one tenth 
of its paid up 
capital. 



May make 
covenant with 
the surety upon 
his official bond, 
etc. 



Copy of cove- 
nant may be tiled 
and recorded, 
etc. 



contract or trust. Where by law two or more sureties 
are required upon any obligation such company is author- 
ized to insure, it may act as sole surety thereon, and may 
be accepted as such by the court, magistrate or other 
officer or person authorized to approve the sufficiency of 
such bond or undertaking ; and so much of section one of 
chapter one hundred and forty-three of the Public Statutes 
as requires that sureties on bonds to a judge of probate 
shall be residents of the Commonwealth shall not be con^ 
strued to forbid the acceptance of a qualified foreign cor- 
poration as joint or sole surety on any such bond. No 
such company shall incur in behalf or on account of any 
one person, partdaership, association or corporation a lia- 
bility for an amount larger than one tenth of its paid up' 
capital, unless it shall be secured from loss thereon beyond 
that amount by suitable and sufficient collateral agreements 
of indemnity, by deposit with it in pledge or conveyance 
to it in trust for its protection, of property equal in value 
to the excess of its liability over such limit, or, in case 
such liability is incurred in behalf or on account of a fidu- 
ciary holding property"'in a trust capacity, by such deposit 
or other disposition of a suitable and sufficient portion of 
the estate so held, that no further sale, mortgage, pledge 
or other disposition can be made thereof without such 
comp my's approval, except by the decree of a court hav- 
ing proper jurisdiction. 

Section 2. Any person, partnership, association or 
corporation holding property for the benefit of another, 
except when acting under wills allowed or trusts created 
before the passage of this act, may make such covenants 
with the surety or sureties upon his official bond as shall 
enable such fiduciary to secure said surety or sureties from 
loss in any manner provided by section one of this act : 
provided, however, that if such fiduciary was appointed by 
the decree of any court within this Commonwealth the 
approval of such court shall first be obtained to such 
covenant. 

Section 3. A copy of such covenant, duly acknowl- 
edged in the manner required for the acknowledgment of 
deeds of real estate, may be filed and recorded as follows : 
in the office of the clerk or register of the court in which 
such fiduciary obtained his appointment ; if not appointed 
by the decree of court, in the manner provided by law for 
the record of deeds of real estate, if said covenant con- 



Acts, 1893. — Chaps. 118, 119, 120. 7G9 

cerns real estate, or mortgages of personal propert\s if 
said covenant concerns personal property. Such record 
shall be notice to and binding on all persons. 

Approved March 25, 1893. 

An Act relative to the appointment of resident agents op (JJiajy^W^ 

NON-RESIDENT EXECUTORS, ADMINISTRATORS, GUARDIANS, TRUS- 
TEES AND ASSIGNEES. 

Be it enacted, etc., asfolloivs: 

Section 1. No executor, administrator, guardian, Not emuied to 
trustee, or assignee in insolvency, appointed in but of authority 
residing out of the Commonwealth, and now required """'•'^'°- 
by law before entering upon the duties of his trust to 
appoint in writing an agent residing in the Commonwealth, 
shall be entitled to receive the letter or other evidence of 
his authority, and in the case of an assignee in insolvency, 
the instrument of assignment, until he shall have complied 
with such law in properly making and filing such appoint- 
ment. 

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

Approved March 25, 1893. 

An Act to authorize the holyoke street railway company C%tt7?.119 

TO extend I5S railway into the cities of NORTHAMPTON 
AND CIIICOPEE. 

Be it enacted, etc., as follows : 

Section 1. The Holyoke Street Railway Company is May extend raii- 
hereby authorized and empowered to extend its routes ^'^^" 
and tracks into the cities of Northampton and Chicopee, 
along such locations and routes and subject to such con- 
ditions and limitations as may be imposed by the respec- 
tive boards of aldermen of said cities of Northampton and 
Chicopee. 

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

Approved March 25, 1893. 



Chap.120 



An Act changing the name and enlarging the powers of 
the american college and education society. 

Be it enacted, etc., as follows: 

Section 1. The name of the American College and Name changed. 
Education Society is hereby changed to the American 
Education Society. 



770 Acts, 1893. — Chaps. 121, 122. 

wst'fnAmeri-*° SECTION 2. All devisGS, bequGsts, conveyauces and 
locifty"""'^''" S^^^^ heretofore or hereafter made to said corporation by 
either of said names shall vest in said American Educa- 
tion Society. 
ruthoruy°e'!£- Section 3. In addition to the uses, purposes and 

tended. objccts for wliich Said corporation has been organized and 

established, it is also hereby authorized and empowered 
to promote christian civilization in any state or territory 
of the United States, and in the District of Columbia, by 
the education of children and youth therein, under christian 
teachers ; and also by the use of such kindred agencies as 
may be at any time deemed desirable. 
i^ls outsidL^the Section 4. Said corporation is hereby authorized and 
Commonwealth, empowered to hold its meetings, annual or special, or any 
meetings of its directors or of any of its standing commit- 
tees, without the limits of this Commonwealth, as the 
by-laws of said corporation from time to time may provide. 
Subject to Section 5. This act shall be void unless the same 

acceptance by , , • i /, 

corporation. shall be acccptcd by said corporation at a meetmg thereof 
called for that purpose or at the annual meeting thereof 
held next after the passage of this act. 

Approved March 25, 1893. 



(JllCiT>.V2i\. ^^ -^C'^ '^^ PROVIDE THAT BONDS ISSUED FOR THE ARMORY LOAN 
SHALL BE REDEEMABLE IN GOLD OR ITS EQUIVALENT. 

Be it enacted, etc., asfolloivs: 
Armory loan SECTION 1. The interest and principal of the sci'lp or 

bonds to be paid • ,^ , />ii • ii i, /»yi /A 

in gold, etc. cci'tihcatcs ot debt issued by the treasurer ot the Com- 
monwealth under authority of chapter three hundred and 
eighty-four of the acts of the year eighteen hundred and 
eighty-eight, being an act to provide armories for the 
Massachusetts volunteer militia, shall be payable when 
due in gold coin or its equivalent. 

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

Approved March 25, 1893. 



Ckap.122 



An Act to incorporate the markets savings bank. 
Be it enacted, etc. , as follows : 
Marketssavings SECTION 1. Jamcs C. Mclviu, Albert S. Eustis, 

Bank incorpo- . ^i -r-i tt t -r-< t-> -n t -r-»i 

rated. Edwm Chapman, S. Everett Hyde, Ewen K. McJrherson, 

Frank O. Squire, William W. Kimball, Chandler Wright, 
Arthur W. Newell, Henry L. Lawrence, Richard H. 



Acts, 1893. — Chaps. 123, 121. 771 

Sturtevant, William H. Conant, their associates and suc- 
cessors, are hereby made a corporation by the name of 
the ^larkets Savings Bank, with authority to establish and 
maintain a savings bank 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 
savings banks and institutions for savings. 

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

Apxn'oved March 25, 1893, 



Ax Act to extend tub poavers of the st. jean baptiste 

SOCIETY OF MARLBOROUGH. 



Chap.l2^ 



Be it enacted, etc., asfoUoios. 



Sectiox 1. The St. Jean Baptiste Society of Marl- cnyemiehts 
borouoh IS hereby given all the rights and privileges con- conferred by 

^ •• 1888 429. 

ferred by the provisions of chapter four hundred and 
twenty-nine of the acts of the year eighteen hundred and 
eighty-eight and acts amendatory thereof, the same as if 
incorporated thereunder, anything in its charter to the 
contrary notwithstanding. 

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

Approved March 25, 1893. 

An Act authokizing advances to the commissioners of the ni^f^^^ 194- 

MASSACHUSETTS NAUTICAL TRAINING SCHOOL. ^ ' ^ 

Be it enacted, etc., as follows: 

Section 1. The commissioners of the Massachusetts Expenses of 
nautical training school shall submit each year an estimate shipTut'erprife, 
of the amount necessary for the payment of expenses van^f'iimu 
required in making cruises in or from the harbor of Bos- «'<=• 
ton, and the amount of said, estimate, after the same shall 
have been approved by the governor and council, shall be 
advanced from the treasury of the Commonwealth to the 
commanding officer of the United States ship Enterprise, 
which has been detailed and accepted for the uses of said 
training school ; but the amounts so advanced shall not 
exceed ten thousand dollars for six months, and shall be 
accounted for by properly approved vouchers within 
thirty days from the termination of said cruises. All 
such expenses shall be subject to the provisions of chap- 
ter sixteen of the Public Statutes. The commanding commander 
officer as aforesaid shall give a bond with sufficient sure- °^'^^ 



772 



Acts, 1893. — Chat. 125. 



ties, to be approved by the governor and council, in the 
sum of ten thousand dollars. 

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

AjJj^roved March 25, IS 93. 



Bridge over 
east branch 
of W'estport 
river to be con- 
structed, etc. 



'County conv- 
mifcionerc to 

•borrow money 
for consiruc- 

I'.ion, etc. 



Ch(l7).125 ^'^ ^^'^ '^^ AUTHORIZE THE COXSTRUCTION OF A BRIDGE OVER 
THE EAST BRANCH OF AVESTPORT RIVER IN THE TOWN OF WEST- 
PORT. 

Be it enacted, etc. , as follows : 

Section 1. The county commissioners of the county 
of Bristol are hereby authorized and required to construct, 
subject to the provisions of chapter nineteen of the Public 
Statutes and any amendment thereof, a suitable way and 
bridge, with suitable approaches thereto, over the east 
branch of AVestport river in the town of Westport, so as 
to connect Westport Point with Horse Neck beach, at an 
expense not exceeding twenty thousand dollars. Said 
bridge may be constructed with or without a draw therein, 
as the board of harbor and land commissioners shall 
approve. 

Section 2. The expense of constructing said bridge 
and approaches shall in the first instance be borne by the 
county of Bristol, and the commissioners of said county 
are hereby authorized and directed to borrow on the 
credit of sflid county such sums of money as may from 
time to time be required for the expenses of such con- 
struction. The money so borrowed shall be deposited in 
the county treasury, and the county treasurer shall pay 
out the same as ordered by said county commissioners, 
and said county treasurer shall keep a separate and 
accurate account of all sums borrowed and expended 
under the provisions of this act, including interest paid 
on the money Iwrrowed. 

Section 3. Said town of Westport shall, upon the 
expenst^^of con- complctiou of Said bridge and approaches, pay all ex- 
struction, etc. pgj-,ggg Jncurrcd under the provisions of this act and interes^t 
thereon, as shown by the account of said county treasurer, 
and if said town shall neglect or refuse to pay the same 
in accordance with any order of the county commissioners 
issued for that purpose, the said commissioners shall, 
after notice to said town, unless sufficient cause is shown 
to the contrary, issue a warrant against said town fur the 
sum it was ordered to pay, and co^ts, and the same shall 



Town of Weat- 



Acts, 1893. — Chap. 126. 773 

1)6 collected and paid into the county treasury of said 
county : provided, however, that if upon the completion Proviso. 
of said l)ridge, approaches and way, said commissioners 
shall, after such notice and hearing as they may order, be 
of opinion that the whole of the expenses incurred under 
this act and interest thereon ought not to be borne by the 
said town of Westport, they may determine, award and 
name what portion of the same shall be borne by said 
county or by any of the cities or towns therein, and issue 
their order for such payment accordingly ; and like pro- 
ceedings shall be had to collect of any such city or town 
the portion of such expense which they may be so ordered 
to pay as hereinbefore provided for enforcing said pay- 
ment against said town of Westport. 

Section 4. The said bridge and approaches shall Towntokeop 

, I'll • 'i-i p bridge, etc., m 

after their completion be kept in repair by said town ot repair. 
Westport. 

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

Approved March 25, 1893. 



An Act in relation to raising the grade and changing the 

LOCATION of the PROVIDENCE DIVISION OF THE OLD COLONY 
RAILROAD IN THE CITY OF BOSTON. 



ChapA26 



Be it enacted, etc., as follows: 

Section 1. The city of Boston, by its park commis- Park way and 
sioners, may lay out a park way, and the board of street klkrouracross 
commissioners of said city may lay out Mozart street and '■'"''"°ad, etc. 
Williams street as highways, across the location of the 
Providence division of the Old Colony railroad, as pro- 
vided by the report of the commissioners appointed by 
the superior court for the county of Suffolk to consider 
the abolition of the grade crossings of Tremont street and 
the Boston and Providence division of the Old Colony 
railroad in the city of Boston, acting under said appoint- 
ment and under chapter four hundred and thirty-three 
of the acts of the year eighteen hundred and ninety-two. 
The acceptance of the report of said commissioners by the Acceptance of 
superior court for the county of Suffolk, or any justice deemedataking 
thereof, shall be a taking of the land therein required to o^ '-''''d, etc. 
be taken for railroad and highway purposes, as therein 
specified, and damages shall be assessed and recovered 
therefor as provided by chapter four hundred and 
twenty-eight of the acts of the year eighteen hundred and 



774 



Acts, 1893. 



Chap. 127. 



Corporation to 
make changes 
in railroad and 
streets at its 
expense, etc. 



Auditor, ap- 
pointment, 
powers and 
duties; ex- 
penses, pay- 
ment, etc. 



Compensation 
and expenses 
to be paid by 
railroad com- 
pany. 



ninety. The Old Colony Eailroad Company shall raise 
the Providence division of its railroad in the city of 
Boston, and make all the changes therein and of the streets 
crossed thereby which are prescribed and required to be 
made by the report and decision of said commissioners, 
and shall primarily pay all the expenses thereof, including 
damages occasioned by taking land for and by alteration 
or construction of highways, as required by said report 
and decision. 

Sectiox 2. The court shall appoint some proper per- 
son, who may be an inhabitant of Boston, as auditor, who 
shall from time to time audit and make report to the 
court of the expenses incurred by the railroad company in 
carrying out said decision of the commissioners, which 
reports when accepted by the court shall be final ; and 
said court shall from time to time, upon said reports, 
issue its decrees for payments by the treasurer and 
receiver general of the Commonwealth to the railroad 
company of its proportion of said expenses, as fixed and 
required to be paid by chapter four hundred and thirty- 
three of the acts of the year eighteen hundred and ninet}'- 
two. The compensation of the commissioners and the 
expenses incurred in surveying, engineering and other 
matters under their direction, to enable them to make 
their said report, as well as the compensation of the 
auditor, shall be a part of the expenses of raising the 
railroad as required by said chapter and by this act, and 
be primarily paid by the railroad company. 

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

Api^roved March 27, 1S93. 



Ch(l7).\27 -^^ ^^^ '^^ AUTHORIZE THE OLD COLOISTT RAILROAD COMPANY TO 
INCREASE ITS TERMINAL FACILITIES IN THE CITY OF BOSTON 
AND INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc. , as follows : 

Section 1. The Old Colony Railroad Company is 



May take land 
t )r terminal 
tacilities, etc. 



hereby authorized, at anj'^ time within three months from 
the passage of this act, to take the whole of the tract of 
land in the city of Boston bounded by Dorchester avenue, 
"West Fourth street and the railroad of said company, tor 
the purpose of increasing its terminal facilities and for 
railroad purposes, and may discontinue and occupy for 



Acts, 1893. — Chap. 127. 775 

such purposes the streets embraced in said tract ; and it 
may also take the right to use for the same purposes that 
])()rti(>n of West Fourth street from the easterly line of 
Foundry street to the dock of Fort Point channel over 
M'hich West Fourth street is to be constructed upon a 
lii-idire, under decree of the superior court of Suffolk 
county, made on the seventeenth day of November in the 
year eighteen hundred and ninety-two, directing such 
alteration in the grade of said street so as to avoid a grade 
crossing of the railroad of said company; but such taking certain Hghta 
shall not impair any right of the city of Boston to lay ancl not impaired"^ 
maintain in that portion of West Fourth street all neces- ®"^' 
sary sewers, water and gas [)ipes, and its own electric 
wires, nor impair any obligation of the railroad company 
to properly maintain said bridge under the decree of the 
court above referred to. 

Section 2. No occupant of any portion of the land occupants not 

, 1111 • t !• • •!• required to 

taken shall be required to vacate his premises until six vacate land 
months after the passage of this act, and Bowker, Torrey ^'^^•^'^' 
and Company shall not be required to vacate the land 
owned and occupied by them for marble and stone works 
until nine months after the passage of this act. 

Section 3. The laws of the Commonwealth relating Provisions of 
to the taking of lands for railroad purposes and the loca- ^^^'"'^pp^- 
tion and construction of railroads, and the assessment of 
damages occasioned thereby, shall be applicable to and 
govern the proceedings in the taking of lands hereby 
authorized to be taken ; and in case the parties cannot 
agree upon said damages, upon petition of either party, 
made within one year after the taking of the land, to the 
superior court for Suffolk county, the same shall be 
assessed by a jury in that court. 

Section 4. Land taken under this act shall not be Land not 
exempt from taxation, and to pay for land thus taken, faxiUion!'ei". 
and to pay for the construction of freight and passenger 
stations in Boston, and for alteration of grade crossings 
of its road in the cities of Boston and Brockton, as is or 
may be required by decrees of court, said company may May increase 
from time to time issue additional capital stock, not to ^•^p'''*' «'°<=^' 
exceed in all three million dollars, to be sold at auction 
under the provisions of law. 

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

Ajyj^roved March 27, 1S93. 



776 Acts, 1893. — Chap. 128. 



C%fl79.128 An Act to authorize the city of everett to borrow moxey 

BEYOXD THE LIMIT FIXED BY LAW AND TO EXEMPT SAID CITY 
FROM THE OPERATION OF SECTION ONE OF CHAPTER THREE 
HUNDRED AND TWELVE OF THE ACTS OF THE YEAR EIGHTEEN 
HUNDRED AND EIGHTY-FIVE. 

Be it enacted, etc., as follows: 

Everett Sewer Sectiox 1. The city of Everett, for the purpose of 
constructing a system of sewerage and of sewage disposal, 
and for the purchase of lands necessary thereto, is hereby 
authorized to incur indebtedness to an amount not exceed- 
ing one hundred and twenty-five thousand dollars outside 
its debt limit, and to issue from time to time ncgotial)le 
bonds, notes or scrip therefor, denominated on the face 
thereof Everett Sewer Loan, signed by its mayor and 
treasurer, payable in periods not exceeding thirty years 
from the date of issue. 
BcZoi'Sng Section 2. The city of Everett, for the purpose of 
Loan. completing and furnishing its high school building, is 

hereby authorized to incur indebtedness to an amount not 
exceeding twenty thousand dollars outside its debt limit, 
and to issue from time to time negotiable bonds, notes or 
scrip therefor, denominated on the face thereof Everett 
High School Building Loan, signed by its mayor and 
treasurer, payable in periods not exceeding ten years from 
the date of issue, 
^verett General Section 3. The citv of Evcrctt, for the purpose of 
providing for maturing indebtedness, is hereby authorized 
to incur indebtedness to an amount not exceeding fifteen 
thousand dollars outside its debt limit, and to issue from 
time to time negotiable bonds, notes or scrip therefor, 
denominated on the face thereof Everett General Loan, 
signed by its mayor and treasurer, payable in periods not 
exceeding ten years from the date of issue. 
fs8r3r2f§r Section 4. The city of Everett is hereby exempted 

1897' '^^^' ^' fi'om 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 da}'^ of January in the 3- ear eight- 
een hundred and ninety-seven. 

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

Approved March 28, 1S93. 



Acts, 1893. — Chaps. 129, 130. 777 

An Act to i'kovide fou the impijoyemext of grounds adjoin- QJin^j "1 90 

ING the state house. 

Be it enacted, etc., asfoUoivs: 

Sectiox 1^ The state house construction commission- state house con. 
ers may sell by public auction any or all buildings on the mL'slonerrmay 
land taken by them under chapter four hundred and four buiidrng^s'^eic. 
of the acts of the year eighteen hundred and ninety-two, 
and the proceeds of such sales shall be paid into the treas- 
ury of the Commonwealth, to be placed to the credit of 
the state house loan of nineteen hundred and one. 

Section 2. Said commissioners may lay out said land, i^''^>' '^^ °"' , 

/•11111 • ''*°'' ^^ ^ park, 

together with any other portion of the land belonging to etc. 

the Commonwealth surrounding the state house, for use as 

a park, with w^alks, grassplots, curbing and railing ; may 

furnish a site thereon for the Beacon Hill monument, and 

may establish and change grades ; may close any portion 

or the whole of any street within the boundaries of said 

land ; may construct new approaches to the buildings from 

any adjacent public streets, and may build retaining walls 

and fences. They may also, in behtdf of the Common- May make 

wealth, agree with the city of Boston in regard to any mlnTs^wftlT tuy 

changes of grade in streets on which the Commonwealth's of Boston, etc. 

land is bounded, and may waive any or all grade damages 

or claims for land taken for street widenings. 

Section 3. All expenses incurred under this act shall ^^ppneei, to be 

,.,-,, ', - Pi'id from state 

be paid trom the state house loan of nineteen hundred and house loan or 
one, authorized by chapter three hundred and forty-nine 
of the acts of the year eighteen hundred and eighty-eight, 
chapter three hundred of the acts of the year eighteen hun- 
dred and eighty-nine and chapter four hundred and thirty- 
eight of the acts of the year eighteen hundred and ninety- 
two, in the same manner as is provided for tli»e payment 
of expenses under the said chapter four hundred and four 
of the acts of the year eighteen hundred and ninety-tw^o. 
Section 4. This act shall take effect upon its passage. 

Approved March 28, 1893. 



Chap.VSO 



An Act to establish the salary of the second clerk of the 
secretary of the state board of agriculture. 

Be it enacted, etc. , as folloios : 

Section 1. The salary of the second clerk of the sec- gaiary 
retary of the state board of agriculture shall be twelve e*'^'^''*'^^^- 



778 Acts, 1893. — Chaps. 131, 132, 133. 

hundred dollars a year, to be so allowed from the first day 

of January in the year eighteen hundred and ninety-three. 

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

Apjyroved March 28, 1893. 

C/itty. 131 "^^ ^^'^ '^^ PROVIDE FOR QUARTERLY STATEMENTS BY RAILROAD 

CORPORATIONS. 

Be it enacted^ etc., as follows: 
Railroad corpo- Sectiox 1. Everv railroad corporation operating a 

rail )i)s to ruake -i. • r iiiii • ^ • i^ c i 

quarterly sute- ralhoad withiu tliis Commonwealth shall, withm fifty days 
after the expiration of each quarter of the calendar year, 
transmit to the board of railroad commissioners a quar- 
terly statement of its business and financial condition, 
made up in such form and with such detail as said board 
may require ; and such statement shall at reasonable times 

Penalty. jjg opcu to public inspection. A railroad corporation 

neglecting to make and transmit any such quarterly state- 
ment within the time above prescribed shall forfeit fifty 
dollars for each day's neglect. 

1889,241, Section 2. Chapter two hundred and forty-one of the 

acts of the year eighteen hundred and eighty-nine is 
hereby repealed. Ajii^roved March 28, 1893. 



Chap.l?,2 



An Act to authorize the cape cod bay land association to 
build a bridge in the town of wellfleet. 

Be it enacted, etc., as follows : 
May build a Section 1. The Cape Cod Bay Land Association may 

fleetr'" ^ ' build and maintain a bridge in that part of Wellfleet called 
South Wellfleet, across tide water, from or near the old 
wharf, so-called, to Lieutenant's island, subject to the 
approval of the board of selectmen of the town of Wellfleet 
and the provisions of chapters nineteen and forty-nine of 
the Public statutes and acts in amendment thereof and in 
addition thereto. 

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

Ap2yroved March 28, 1893. 

C/ift».133 ^^ ^^'^ '^'^ CHANGE THE NAME OF THE WINTHllOP UNITARIAN 

ASSOCIATION. 

Be it enacted, etc., as follows: 

Name changed. Section 1. The name of the Winthrop Unitarian 
Association is hereby changed to the First Unitarian 
Church of Winthrop. 



Acts, 1893. — Chaps. 134, 135. 779 

Sectiox 2. All devises, bequests, conveytmces and /^'^vestlnTir'st 
sifts heretofore or hereafter made to said corporation by }|'"^'"^"", 
cither of said names shall vest in the iirst Unitarian wiuthrop. 
Church of Winthrop. 

i^ECTiox 3. This act shall take effect upon its passage. 

Approved March 2S, 1893. 



Chajy.lSi: 



Ax Act to confirm the puoceedings of the newton ceme- 
tery CORPOUATION. 

Be it enacted, etc.., as follows: 

Sectiox 1. The proceedin2:s, prior to the passa^-e of Prooeedings 
this act, of the Newton Cemetery Corporation in the city 
of Newton shall not be invalid by reason that certain per- 
sons have been accepted and treated as members of said 
corporation through their purchase of burial rights there- 
from, without actual election as contemplated in the 
organization of said corporation, nor by reason that 
certain persons as proprietors of lots have been accepted 
and treated as members of said corporation to whom deeds 
of burial rights have been delivered by it not strictly in 
the forms prescribed by the by-laws of said corporation. 

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

Approved March 28^ 1898. 



Ax Act to establish the fire department of the city of 

HAVERHILL. 



Cliap.\^5 



Be it enacted, etc., as follows : 

Sectiox 1. The fire department of the city of Haver- Fire department 
hill shall consist of a chief engineer and four assistant HaverhTiif °^ 
engineers, who shall constitute a board of engineers, and 
as many enginemen, hosemen, hook-and-ladder men, and 
other persons, permanent and call, as the care, manage- 
ment and equipment of the fire apparatus belonging to the 
city shall from time to time require. 

Sectiox 2. The mayor shall in the month of Decern- CHef eng] 
ber in the year eighteen hundred and ninety-three appoint, \ 
subject to the approval of the board of aldermen, a chief vacancie°s?ac!'' 
engineer of the fire department, for a term of four years 
beginning with the first day of January following his 
appointment, and four assistant engineers, one ftjr a term 
of one year, one for a term of two years, one for a term 
of three years and one for a term of four years beginning 



neer 
and assistant 
eugineeix, 



780 



Acts, 1893. — Chap. 135. 



Chief engineer, 
powers and 
duties. 



Board of en- 
gineers, powers 
and duties. 



Assistant en- 
gineers, powers 
and duties. 



witli the first clay of January following their appointment 
and until their respective successors shall be confirmed ; 
and thereafter the mayor shall in the month of December 
previous to the expiration of their respective terms 
appoint, in the manner prescribed in this section, a chief 
engineer for a term of four years and one assistant 
engineer for a term of four years ; said engineers may be 
removed by the mayor for cause, after due hearing, sul)- 
ject to the approval of the aldermen. Vacancies in the 
board of engineers shall be filled by the mayor for the 
unexpired terms, subject to the approval of the aldermen. 

Section 3. The chief engineer shall have the care and 
superintendence of the public engines, hose, fire hooks, 
hose carriages, ladders and ladder trucks of the city, 
together with the buildings, fixtures, fire alai'm system, 
appendages, pumps, hydrants, reservoirs and ap[)aratus 
owned by the city and used for extinguishing fires. Pie 
shall have sole command at fires over all other engineers, 
officers and members of the fire department, and he shall 
have power to suspend any officer or member of the 
department, or any i>erson holding a position in connec- 
tion with said department, for insubordination, neglect 
of duty or disorderly conduct ; and unless such officer, 
member or other person, as the case may be, shall have 
been previously reinstated by said chief engineer he shall 
report such suspension, with the cause therein stated, to 
the board of engineers at their next regular meeting ; 
and, subject to the approval of the board of engineers, he 
may discbarge any officer or member of the department 
excepting an assistant engineer. 

Section 4. The board of engineers shall have the power 
of electing members of companies, officers and all other 
men, both permanent and call, as required by the ordi- 
nances of said city, the same to serve for a term of one 
year, in the manner prescribed by said ordinances, unless 
sooner removed by said board of engineers. 

Section 5. Assistant engineers shall obey all orders 
of the chief enijineer and shall at all times assist him in 
his duties ; they shall personally inspect such houses and 
apparatus as the chief may specify, and shall report the 
condition of the same, together with such recommenda- 
tions as they deem wise and proper. In the absence of 
the chief eagineer the powers and duties conferred and 
imposed on him shall devolve on the engineer next in 



Acts, 1893. — Chaps. 136, 137. 781 

rank. AVhenever any fire occurs out of the cit\' only 
such assistant enghicers shall attend the same as shall be 
desis:nated bv the chief engineer. 

Section 6. The power of purchasing property or city council, 
apparatus to be used in extinguishing fires, of altering, SuUes*"" 
repairing or adding to the same, as well as the power to 
fix the compensation of the officers and members of the 
department, shall be vested in the city council. Rules 
and regulations which may be made by the board of 
engineers under the provisions of section thirty-five of 
chapter thirty-five of the Public Statutes shall not be 
binding until approved by the city council. 

Section 7. Nothing herein contained shall extend or Liabilities of 
enlarge the liabilities of the city of Haverhill by reason "'^°°'" 
of the performance of any duties heretofore vested in the 
board of engineers. 

Section 8. All acts inconsistent with this act are Repeal. 
hereby repealed. Ajjproved March 29, 1893. 



Ax Act to autuoeize the city council of the city of lowell f^jjyy^^ i Qfi 

TO PERMIT THE LSE OF A PORTION OF THE MEMORIAL BUILDING "^ 

IN SAID CITY AS A PLACE FOR MEETINGS AND ASSEMBLAGES OF 
MEMBERS OF THE VARIOUS POSTS OF THE GRAND ARMY OF THE 
REPUBLIC 

Be it enacted, etc., as follows: 

Section 1. The city council of the city of Lowell is Meetings of 
hereby authorized to permit the various posts of the fhe'ripub'Hc ° 
grand army of the republic in said city, or any of the memoriarhLi^ 
officers thereof, to use and occupy, as a place of meeting, ®^'^- 
memorial hall and the rooms adjoining the same in the 
memorial building in said city, for such time and upon 
such terms and conditions as said city council shall from 
time to time prescribe. 

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

Ap2)roved March 29, 1893. 



An Act MAKING APPROPRIATIONS FOR COMPLETING THE PREPARA- (^Jffjj) 1 QT 
TION AND PUBLICATION OF THE PROVINCE LAAVS. -^ 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purpose of 



782 Acts, 1893. — Chaps. 138, 139. 

completing the preparation and publication of the acts 
and resolves of the Province of the Massachusetts Bay, 
as provided for in chapter twelve of the resolves of the 
present year, to wit : — 

e'ciuur"'''''' ^'*'^*' For the salary of the commissioner whose duty it is to 
edit said work, the sum of eighteen hundred thirty-three 
dollars and thirty-three cents, being in addition to the 
one hundred sixty-six dollars and sixt^'-seven cents 
appropriated by chapter eight of the acts of the present 
year. 

cdmhi* ent ^^^ ^^^^ scrviccs of copyists and messenger, extra help, 

espeuses. engraving and lithographing, stationery and postage, 

travelling and other necessary expenses in connection 
with said work, a sum not exceeding fifty-nine hundred 
and forty dollars, being in addition to the five hundred 
dollars appropriated in chapter eight of the acts of the 
present year for clerks and contingent expenses, 

priminLaiid Yov printing^ and bindins; such volumes as may be com- 

pleted, a sum not exceeding sixty-five hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 29, 1893, 

C/irt0.138 ^^ ^^^ ^*^ ESTABLISH THE SALARY OF THE ASSISTANT DISTRICT 

ATTORNEY FOR THE MIDDLE DISTRICT. 

Be it enacted, etc., as follows: 

fs^tauLhed. Section 1. The salary of the assistant district attorney 

for the middle district shall be twelve hundred dollars a 
year, to be so allowed from the first day of January in 
the year eighteen hundred and ninety-three. 

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

Approved March 29, 1893. 



Chap 



1 QQ Ax Act to extexd the time for filing the location of the 

EXETER AND AMESBURY RAILROAD COMPANY. 



Be it enacted, etc. , as folloios : 

i89L23i.§6, Section 1. Section six of chapter two hundred and 

thirty-one of the acts of the year eighteen hundred and 
ninety-one is hereby amended by striking out in the 
second line, the word " two", and inserting in place 
thereof the word : — four, — so as to read as follows : — 

Location and Sectioii 6. If the location of the road authorized to be 
built by this act is not filed within four years, and if 



Acts, 1893. — CiiArs. 140, 141. 783 

said railroad is not constructed within five years from the 
passage of this act, this act shall be void. 

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

Approved March 29, 1893. 



Ax Act to authorize the construction of a causeway or (JJkjj) 1 JQ 

BRIDGE OA'ER TIDE WATER FROM HORSE KECK POINT TO GOOSE- 
UERRY NECK IN THE TOAVN OF WESTPORT. 

Be it enacted, etc., as foUoivs : 

Leander Brightman, George F. Bartlett and Gilbert Mayconstmct 
Allen are hereby authorized to construct and maintain, water^iuWesi-*' 
subject to the provisions of chapter nineteen of the Public ^°'*" 
Statutes and acts amendatory thereof, a suitable causeway 
or bridge, without a draw, over tide water, from Horse 
Neck Point to Gooseberry Neck in the town of Westport. 

Approved March 29, 1893. 



An Act to authorize the city of holyoke to construct HJ^r/^lAI 

AND MAINTAIN A SYSTEM OF SEWERAGE AND SEWAGE DISPOSAL ^ * 

FOR CERTAIN SECTIONS OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Holyoke is authorized to May construct a 
construct and maintain a system of sewerage and sewage 7t^x^^\tlue^' 
disposal for those sections of said city known as Elm- ^onds, etc. 
wood, Oakdale and Springdale, and for that purpose 
may issue bonds, notes or scrip to an amount not exceed- 
ing in the aggregate two hundred and fifty thousand 
dollars. 

Sectiox 2. Said bonds, notes or scrip shall be pay- Bonds, etc., not 

11, • 1 n . .1 , . /. '^ , y to be reckoned 

able at periods ot not more than twenty years from the in ascertaining 
date thereof, and the provisions of chapter one hundred umu?"^"''' ^""^^ 
and twenty-nine of the acts of the year eighteen hundred 
and eighty-four shall apply thereto ; and such bonds, 
notes or scrip shall not be considered or reckoned in 
ascertaining the authorized limit of indebtedness of said 
city under the provisions of section four of chapter 
twenty-nine of the Public Statutes and all acts in amend- 
ment thereof or supplementary thereto. 

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

Approved March 29, 1893. 



784: 



Acts, 1893. — Chaps. 142, 143. 



Chap.1.4.2 ^^ ^^"^ '^^ PROVIDE FOR COMPEXSATIOX IX CASES OF JOIXT 
OCCUPANCY OF RAILROAD STATIONS AND GROUNDS. 

Be it enacted^ etc. , as folloivs : 
compensntion SECTION 1. Whenever one railroad corporation occu- 

to be paid in . i • i 

cases of joint Dies or uses, or has a riojht to occupy, or to enter upon 

occupancy of , .,• i -, f ,^ 

railroad .stations ancl usc, a statiou, roacl or grounds ot another, or any 
and grounds, portion thereof, the board of railroad commissioners, upon 
petition of either party and after due notice to the other, 
shall hear the parties and determine the compensation to 
l)e paid for such occupancy or use ; and the award of the 
board shall be binding upon the respective corporations 
for five years, or until the board revises and alters the 
same. Any such award, on the request in writing of a 
party aflected thereby, filed within thirty days after the 
rendering thereof, shall be returned into the supreme 
judicial court and shall there be subject to revision in the 
same manner as if the board had derived its power in the 
premises under the appointment of said court. 

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

Approved March 29, 1893. 



Certain monej-s 
to be paid to 
First Baptist 
Church of Lex- 
ington. 



CIl(l]).1i43 "^^ -'^'^'^ ^^ AUTHORIZE THE TRUSTEES OF THE LEXINGTON MINIS- 
TERIAL FUND TO PAY CERTAIX MOXEYS TO THE FIRST BAPTIST 
CHURCH OF LEXIXGTOX. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of the Lexington Ministerial 
Fund in making distribution of the annual income of said 
fund, as provided by chapter one hundred and twelve of 
the acts of the year eighteen hundred and forty-five, are 
authorized and empowered to pay to the First Baptist 
Church of Lexington such portion of said income as may 
now be due to, or shall hereafter become due and payable 
to, the First Baptist Societ3% under the provisions of said 
chapter one hundred and twelve, said First Baptist Society 
having conveyed to said church all of its real and personal 
estate as provided by section eight of chapter four hundred 
and four of the acts of the year eighteen hundred and 
eighty-seven ; and said income shall thereafter be held by 
said church subject to the same uses and trusts as when 
held by said religious society. 

Section 2. Said First Baptist Church of Lexington 
shall hereafter be substituted for said First Baptist Society 



First Baptist 
Church substi- 
tuted, etc. 



Acts, 1893. — Chaps. 144, 145, 14G. 785 

in all respects, under the provisions of chapter one 
hundred and twelve of the acts of the year eighteen hun- 
dred and forty-five, so far as the same are applicable to it. 

Section 3. This act shall be void unless it is assented Act to be void 
to by said Jbirst Baptist bociety at a legal meeting, and a to, etc. 
conveyance is made by said First Baptist Society to said 
church of all rights under said chapter one hundred and 
twelve. Approved March 29, 1893. 

An Act requiring state boards and commissions to report (7/^(?r).144 

RECOMMENDATIONS FOR LEGISLATION ON OR BEFORE THE FIRST 
WEDNESDAY IN JANUARY. 

Be it enacted, etc., as follows: 

Such parts of the annual reports of state boards or Recommenda- 
commissions, required by law to be made to the governor uveacUoiTlobe 
and council or to the general court, as contain recom- deposited with 

_ . . o ' _ _ .... the secretary of 

the Common 
wealth, etc. 



mendations or susgestions tor leg^islative action, shall be the common- 



deposited with the secretary of the Commonwealth on or 
before the first Wednesday in January of each year, and 
shall by him be transmitted forthwith to the governor and 
council or to the general court. 

Approved March 29, 1893. 



An Act to extend the time for the acceptance of the act 

TO SUPPLY the town OF IPSWICH WITH WATER. 



Chap. 145 

Be it enacted, etc., as follows : 

Section 1. The time within which the town of Ips- Time extended 
wich may vote upon the acceptance of chapter three hun- onsoo.'^sis?'''^ 
dred and thirteen of the acts of the year eighteen hundred 
and ninety is hereby extended for the term of three years 
from the passage of this act. The provisions of section 
eleven of said chapter shall apply to all meetings called 
lor the purpose of accepting the same and to the voting at 
such meetings. 

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

Approved March 29, 1893. 

An Act relative to counting ballots when voting is in nj^pY) 14(5 

PROGRESS. ^ 

Be it enacted, etc., as follows: 

Section 1. Section eightj^-nine of chapter four hun- isoo, 423, §S9, 
dred and twenty-three of the acts of the year eighteen ''™^''^'''' 



786 



Acts, 1893. 



Chap. 146. 



Ballot boxes to 
be furnished 
election officers 
before opening 
of polls. 



Ballot box to be 
examined before 
opening of 
polls, etc. 



Opening of box 
and removal of 
ballots during 
an election. 



Ballot boxes 
and seals. 



hundred and ninety as amended by chapter four hundred 
and five of the acts of the year eighteen hundred and 
ninety-two, is hereby amended by striking out in the 
twenty-sixth and twenty-seventh lines of said section, the 
words "having more than six hundred voters", and by 
inserting in the twenty-sixth line, after the word " there- 
in", the words: — and except that, — so as to read as 
follows: — Section 89. City and town clerks shall send 
to the election oflScers of each precinct or town before the 
opening of the polls on the day of any state or city 
election, or meeting at which such ballot box is required 
by law to be used, the ballot box furnished by the secre- 
tary of the Commonwealth, with such ballot box seuls and 
other ballot boxes as may be approved by the board of 
aldermen or selectmen, as the case may be. At the open- 
ing of the polls in each precinct or town, and before any 
ballots are received, the ballot box shall be pul)licly 
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 used, 
and retained by the constable or police officer in attend- 
ance 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 w^arden may, in the presence of all the election 
officers, open the box and pack and press down the bal- 
lots therein, and except that in towns and precincts of 
towns the ballot box may be opened and ballots taken 
therefrom and counted whenever in the unanimous judg- 
ment of the selectmen, or moderator, and town clerk of 
said towns, or of the election officers of said precincts, it 
is necessar}^ 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 voting precincts, respectively, shall 



Acts, 1893. — Chap. 147. 787 

furnish to the clerks of the several precincts a seal of [^'^p'"frifiS 
suitable device, the desisin for which shall include the "'th seai for 

I ] • i.- i.« xl ' i. V \ • \ 'i. • sealing enve- 

nunil^er or designation or the precinct tor which it is lopee, etc. 
furnished ; and said seal shall be used in sealing the 
enveloi)es as required by law at any election. The pre- 
cinct clerk shall retain the custody of the precinct seal, 
and he shall, at the end of the term for which he was 
appointed or whenever he ceases to hold said office, 
deliver the tame, together with the records of the precinct 
and other documents, to the city or town clerk. 

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

Approved March 29, 1893. 

Ax Act autiiokizinCt the refundixg of the water deist of the nj^f/j^ 14.7 

CITY OF LAAVREXCE AXD TROVIDIXG FOR CERTAIX EXPENSES FOE "^ ^ 

coxstructiox of the water works of said city. 
Be it enacted, etc., as foUoios : 

Sectiox 1. The city of Lawrence, for the purpose of Refunding 

T /. T '' , r • • • •111 water debt, ex- 

paying and retundmg so much or its existing indebtedness tendiug water 
as maj^ have been incurred in the construction of its water ^°' *'^*'' 
works, and the expense incurred and to be incurred in 
the construction and extension of the same during the 
years eighteen hundred and ninety-two and eighteen hun- 
dred and ninety-three, may issue from time to time bonds, 
notes or scrii) bearino: interest at a rate not exceedino- four 
per cent, per annum and to an amount not exceeding nine 
hundred thousand dollars. 

Sectiox 2. Said bonds, notes or scrip may be made Lawrence 
payable at any time within thirty years from their date, isss.*"^ ^^*°' 
and said city may reserve an option to pay the same at an 
earlier date than that at wliich they are absolutely pay- 
able. They shall bear upon their face the words, Lawrence 
Water Loan, 1893. 

Section 3. The proceeds of the sale of said bonds, Proceeds of eaie 
notes or scrip shall be used to redeem and pay the exist- uL^d°?n rJfnud- 
ing water l)on(ls issued by the city, and to repay to the Suing water 
city treasury the expense incurred in the years eighteen works, etc. 
hundred and ninety-two and eighteen hundred and ninety- 
three for the improvement, construction and extension of 
the water works of said city. 

Section 4. There shall be annually paid from the net Payment of ex- 

;„ !• ii J. 1 i A I- • -I •, r. .1 penscs, i^tL■re^t, 

income ot the water department ot said city, after the etc. 
payment of the expense of maintenance of the works and 



788 



Acts, 1893. — Chap. 148. 



Form of bonds, 
time of pay. 
ment, etc. 



Trustees of 
water loan sink- 
ing fund. 



Payment of 
water debt. 



P. S. 29, §§10, 11, 
to apply. 



To take effect 
upon accept- 



of the interest upon the water debt, such sum to the 
trustees of the water loan sinking fund as shall with the 
accumulations of interest thereon he sufficient to pay at 
the maturity thereof the water bonds, notes or scrip 
issued by said city. If in any year said income shall not 
be sufficient to defray the expense of said maintenance 
and to pay said interest and the amount so due to the 
sinking fund, and such sum as the city may vote for new 
construction, said city shall raise by taxation in the year 
succeeding such amount as will make good such defi- 
ciency. 

Section 5. Said city shall by ordinance determine the 
form of such bonds, notes or scrip, the time at which the 
same shall be payable, and the amounts and times of the 
j)ayments to the trustees of the sinking fund. 

Section 6. The present trustees of the water loan 
sinking fund shall not be affected liy this act, and with 
their successors in oflSce shall continue to perform the 
duties imposed upon them by law. 

Section 7. Said city is hereby authorized to apply its 
existing water loan sinking fund to the payment and 
redemption of its present water debt, whether now due 
or not. 

Section 8. The provisions of sections ten and eleven 
of chapter twenty-nine of the Public Statutes shall, so far 
as applicable and not inconsistent with this act, apply to 
said water loan sinking fund. 

Section 9. This act shall take effect upon its accept- 
ance by the city council of said city of Lawrence. 

Approved March 29, 1893. 



CA.a».148 "^^ ^^'^ RELATING TO THE ANN'UAL REPORT OF THE SECRETARY 

OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The secretary of the Commonwealth shall 
incorporate in his annual report to the legislature the 
returns made under section live of chapter one hundred 
of the Public Statutes, of the number of liquor licenses 
issued by the several cities and towns, the amount re- 
ceived for the same and the vote of said cities and towns 
on the question of granting the same ; the returns made 
under section twenty-five of chapter twenty-five of the 
Public Statutes by the sheritfs of the several counties, of 



Annual report 
of secretary to 
include certain 
returns. 



Acts, 1893. — Chaps. 149, 150, 151. 789 

all moneys received by them from all sources and the 
number of days they have attended upon a court of record 
and upon the county commissioners ; and the returns 
made under sections thirty and thirty-one of chapter 
twontj'-four of tlie Public Statutes by the registers of 
deeds, of the whole number of deeds and other instru- 
ments recorded during the year and the amount of fees 
received by them and the office expenses over and above 
what is paid by the county during the same time. 

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

Approved March 29, 1893. 



An Act extendiisg the provisions of the tublic statutes 
kelatixg to the taxable valuation of vessels engaged 
in the fokeign cakrying trade. 



Chap.U<^ 



Be it enacted, etc. , as follows : 

The provisions of section ten of chapter eleven of the p. 8.ii,§io; 
Public Statutes, as amended by chapter three hundred and 286;'i89i', ne,' 
seventy-three of the acts of the year eighteen hundred and extl^dedf"'* 
eighty-seven, and by chapter two hundred and eighty-six 
of the acts of the year eighteen hundred and eighty-nine, 
and by chapter one hundred and sixteen of the acts of the 
year eighteen hundred and ninety-one, are hereby renewed 
and extended for the term of five years. 

Approved March 29, 1893. 

An Act to change the name of the odd fellows' fraternal H'knrfi 1 5Q 

ACCIDENT ASSOCIATION OF AMERICA. ^ 

Be it enacted, etc., as follows: 

Sectiost 1. The name of the Odd Fellows' Fraternal Name changed. 
Accident Association of America is hereby changed to the 
Fraternal Accident Association of America. 

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

Approved March 29, 1893. 



Chap.151 



An Act to authorize the judge of probate and insolvency 
of franklin county to appoint an assistant register. 

Be it enacted, etc., as follows : 

Section 1. The judge of probate and insolvency for Assistant regie- 
the county of Franklin may appoint an assistant register ^^uaLloiyenty. 



790 Acts, 1893. — Chaps. 152, 153. 

of probate and insolvency in and for said county, who 
shall hold his office for the term of three years unless 
sooner removed by the judge of said court ; and such 
assistant register shall be governed by the rules and regu- 
lations provided in chapter one hundred and fifty-eight of 
the Public Statutes, relating to such officers. 
isM^i.^odi- Section 2. Such assistant register shall receive a 
fled. salary of five hundred dollars a year, payable from the 

treasury of the Commonwealth ; but during the time such 
salary is paid the provisions of section twenty-four of 
chapter one hundred and fifty-eight of the Public Statutes 
shall be suspended so far as the same relate to said county. 

Axtproved March 29, 1893. 



ChCt7).\52 ^^ -^^"^ KELATIXG TO THE MORTGAGE SECURIXG THE BONDS OF 
THE INTERSTATE STREET RAILWAY COMPANY. 

Be it enacted, etc. , as follows : 
Mortgage to SECTION 1. The mortjjage which has heretofore been 

secure payment , r- i i i /» i t 

of bonds to be givcu to sccurc the payment ot the bonds oi the Inter- 
proper"y, etc. State Street Railway Company, authorized by the charter 
granted to said company by the general assembly of the 
state of Rhode Island and the several amendments thereto, 
when duly recorded as required by the laws of this Com- 
monwealth, shall attach to and be a valid lien upon the 
property, estates and franchises of said company in this 
Commonwealth, so far as said mortgage purports to con- 
vey the same. 

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

Approved March 29, 1893. 



I 



CAa25.153 



An Act to establish the salary of the fifth assistant' 

CLERK OF the SUPERIOR COURT FOR CIVIL BUSINESS FOR THE 
COUNTY OF SUFFOLK. 



Be it enacted, etc., as follows: 
Salary estab- SECTION 1. The salarv of the fifth assistant clerk of 

Iished. . ... ^ 

the superior court for civil business for the county of 
Suffolk shall be twenty-five hundred dollars a year, to l)e 
so allowed from the first day of January in the year eight- 
een hundred and ninety-three. 

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

Approved March 29, 1893. 



Acts, 1893. — Chaps. 154, 155. 791 



Ax Act to change tiii: namk of the boston district ukancii QJi(ir),'l^4. 
OF the independent ordek of odd fellows manchesteu 
unity friendly society. 

Be it enacted, etc. , as follows : 

Sectiox 1. The name of The Boston District Branch Name changed. 
of the Independent Order of Odd Fellows Manchester 
Unity Friendly Society is hereby chang:ed to The Massa- 
chusetts Branch of the Independent Order of Odd Fellows 
^Manchester Unity Friendly Society. 

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

Approved 3farch 30, 1893. 

An Act to supply the town of webster with water. Oh an 1 ^^ 
Be it enacted, etc., as follows: 

Section 1. The town of Webster may supply itself TownofWeb- 

.. ci V.'^,'^ „ ster may supply 

and its Hihabitants with water for the extinguishment of itself wuh 
tires and for domestic, manufacturing and other purposes ; 
may establish fountains and hydrants, relocate or discon- 
tinue the same, may regulate the use of such water and 
fix and collect rates to be paid for the same, by a board 
of water commissioners hereinafter provided for, with a 
view to obtain an income, so far as can be done without 
raising the water rates to an unreasonable or oppressive 
standard, sufficient to pay the expenses of maintaining 
and operating the water works and the interest on the 
water loan ; and with the further end in view of providing 
a sum to be contributed to the sinkino; fund hereinafter 
provided for, if the income from the water rates shall 
exceed the expenses and interest aforesaid, when estab- 
lished as above indicated. 

Section 2. The said town for the purposes aforesaid Mf»ytakecer. 

1 i tain waters, 

may take, by purchase or otherwise, and hold the waters lands, etc. 
of Lake Chaubunagungamaug, with the streams and 
springs tributary thereto, in the said town of Webster, or 
the waters of any spring or stream in said AYebster not 
tributary to said lake ; or may take and hold water 
obtained by means of bored, driven, artesian or other 
wells or filtering basins, on any land within said town, 
and hold and convey water from either or all of said 
sources 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 



792 



Acts, 1893. — Chap. 155. 



To file in the 
registry of 
deeds a de- 
scription of 
lands taken, 
etc. 



May erect dame, watei's and for coiiveyiiig the same to any part of said 
elc. °^° ^'^''*' town of Webster ; and may erect on the land thus taken 
or held proper dams, buildings, fixtures and other struct- 
ures, and may make excavations, procure and operate 
machinery, and provide such other means and appliances 
as may be necessary for the establishment and mainten- 
ance of complete and effective water works ; and ma}'" 
construct and lay down conduits, pipes and other works, 
under or OA'er any land, w^ater courses, railroads or public 
or private ways, and along any such way in such manner 
as not unnecessarily to obstruct the same ; and for the 
purpose of constructing, maintaining and repairing such 
conduits, pipes and other works, and for all proper pur- 
poses of this act, said town 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 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 
by purchase, file and cause to be recorded in the registry 
of deeds for the county and district within which the same 
are situated, a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken, signed by the water commissioners 
hereinafter provided for. 

Section 4. The said town shall pay all damages 
sustained by any person or corporation in property by the 
taking of any land, right of way, water, water source, 
water right or easement, or by any other thing done by 
said town under the authority of this act. Any person or 
corporation sustaining damages as aforesaid under this 
act, who fails to agree with said town as to the amount 
of such damages so sustained, may apply by petition for 
an assessment of such damages at any time within three 
years from the taking of said land, right of way, water, 
water source, water right or easement, and not afterward, 
to the superior court in the county of Worcester. Such 
petition may be filed in the clerk's office at any time 
within the time limited for bringing the same, and the 
clerk shall thereupon issue a summons to the town of 
Webster, returnable at the next return day after the expi- 
ration of twenty days, which said summons shall be served 
upon the town at least fourteen days before the return 



Damages. 



Acts, 1893. — Chap. 155. 793 

day thereof, by leaving a cop}' thereof and of the said damages. 
petition, certified by the officer who shall serve the same, 
with the town clerk of said town ; and the court may, 
upon default or hearing of the said town, appoint three 
commissioners who shall, after reasonable notice to the 
parties, assess the damages, if any, which such petitioner 
shall have sustained as aforesaid ; and the award of said 
commissioners, or the major part of them, being returned 
into and accepted by the said court shall be final, and 
judgment shall be rendered and execution issued for the 
prevailing party, with costs, unless one of said parties 
shall claim a trial by jury, as hereinafter provided. If 
either of the parties shall be dissatisfied with the amount 
of damages awarded by the commissioners, such party 
may, within thirty days of the return of said award, 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 execution issued thereon ; 
and costs shall be recovered by the said parties respec- 
tively in the same manner as is provided by law in other 
civil actions in said court. No application for assessment 
of damages shall be made for the taking of any water, 
water right, or for any injury thereto, until the water is 
actually withdrawn or diverted by said town under the 
authority of this act. 

Section 5. The said town may, for the purpose of Webster water 

, '' ^ ,. I .,..'■ ,'■ , Loan not to ex- 

paymg the necessary expenses and liabilities incurred eeed $100,000. 
under the provisions of this act, issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate one hundred thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words, Webster 
"Water Loan, shall be payable thirty years from the date 
of issue and redeemable after twenty years, at the option 
of said town, shall bear interest payable semi-annually at 
a rate not exceeding four per centum per annum, and 
shall be signed by the treasurer of the town and be 
countersigned by the water commissioners hereinafter 
provided for. The said town may sell such securities at 
public or private sale, or pledge the same for money 
borrowed for the purposes of this act, upon such terms 
and conditions as it may deem proper. The said town 



791 Acts, 1893. — Chap. 155. 

Sinking fund, shall pi'ovide at the time of contracting said loan, for the 
estahlishment of a sinking fund, and shall annually con- 
tribute to such fund a sum sufficient with the accumula- 
tions thei'eof to pay the principal of said loan at maturity. 
Any surplus income above the expense of maintaining and 
operating the water works and paying the interest on the 
water loan shall be carried into said sinking fund ; and 
such further sum as may be needed to furnish the required 
annual contribution to the sinking fund shall be raised 
each year by taxation. The said sinking fund shall be 
held inviolate and pledged to the payment of said loan 
and shall be used for no other purpose. 

Water comniiB- SECTION 6. Said Water commissioners shall establish 

sioners to ostab- . 

lish water rates, sucli priccs and rcnts for the use of the water as to pro- 
vide annually, if practicable, for the payment of the ex- 
penses of maintaining and operating the water works and 
the intei'est on the water loan, and a further sum, if may 
be, to carry into the sinking fund, as mentioned in the 

Trustees of first scction of this act. The said water commissioners 
ing un . j,j^.ji| )-,g trustees of the sinking fund and shall annually, 
and oltener if said town shall require, render an account 
of all their doings in relation thereto. 

Return of SECTION 7. The rctum required by section ninety-one 

amaunt ot sink- ,• i t-> i i • o i 

ing fund. oi chapter eleven or the rublic Statutes shall state the 

amount of the sinking fund established under this act. 
Town to pu^ Section 8. The said town shall purchase from H. N. 

chasH from K. . . ■ • i 

N. Slater certain Shitcr all watcr lupcs uow lu the strccts ot said town, used 

water pipes now ... • i • \ r n i ^ • i i 

in thestreetB, HI turnishuig watcr tor fare, domestic or other purposes, 
^"^' which are now owned by him ; except that if he chooses 

he may reserve and maintain for the purpose hereinafter 
specified a line of pipe which connects the pumps and 
reservoir at the East Village with the pumps and mill 
hydrants at the South Village, and this line may be either 
the six or the eight inch line now in East Main street, as 
the said Slater may elect ; and a pipe line running from 
East Main street near the watering trough, through the 
Thompson road to the Slater barns, so-called, and the 
election of the said Slater to hold either of said lines of 
pipe shall release the said town from liability to purchase 
n.N Slater the saiiic under this act. The said Slater shall have the 

may mamtain , . . -i i • i 

certain water right to maintain the pipe line between the South Village 

ppes, ec. ^^^^^ ^j^^ North Village, after he shall have paid the town 

for the pipe thereof which belongs to the town, which 

payment may be made by set-otf against the amount which 



Acts, 1893. — Chap. 155. 795 

may be due the said Slater for pipe purchased by the town 
under the provisions of this section. Said pipe lines shall 
not however be used by the said Slater, or by any other 
person, for the distribution of water for domestic purposes, 
but shall be used only for supplyino- water for manufact- 
uring and tire purposes in the mills of said Slater, and for 
general farm and tire purposes in the said barns, and for 
supi)lying the farmhouses near said barns : provided. Proviso. 
hnwerer, that said town shall not, except by mutual agree- 
ment, supply water until it is equipped to assume the whole 
supply of the town, and has purchased the property and 
rights aforesaid of the said Slater, exclusive of water and 
^vater rights taken, upon such terms as said town and the 
said Slater may mutually agree upon, or on failure of such 
agreement or purchase, then upon such terms as shall be 
prescribed by three commissioners to be appointed by the 
superior court, after notice to both j)arties on application 
by either party at any time after two months from the 
acceptance of this act by the town of Webster. 

Section 9. At any time after the expiration of three Water rates 
years from the introduction of said water into said town "eastd after 
under the provisions of this act, and before the reimburse- '*i''«e years. 
ment of the principal of said Webster water loan, if the 
income and receipts for the use of the water distributed 
under this act at the price established by the water com- 
missioners, after deducting all expenses of maintaining 
and operating the water works, shall for any two successive 
years be insufficient to pay the accruing interest on the 
said loan, then the supreme judicial court or any justice 
thereof, on the petition of twenty-tive or more of the legal 
voters of the said town, each of whom pays an annual tax 
of twenty-five dolhirs or more, praying that the price of 
said water be increased as far as may be necessary for the 
purpose of paying from the said surplus income and 
recei[)ts the said accruing interest, and upon due notice of 
the pendency of said petition given to said town in such 
manner as said court shall order, may appoint three com- 
missioners who, upon due notice to the parties interested 
and hearing had, may increase the said price if they shall 
judge proper, so far as may be necessary for the purpose 
aforesaid and no further ; and the award of said commis- 
sioners, or the major part of them, being returned to said 
court at the next sitting thereof for the county of Worces- 
ter, and accepted by said court, shall be binding and 



796 



Acts, 1893. — Chap. 155. 



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



Water commis- 
sioners, elec- 
tion, powers, 
duties, etc. 



Subject to ac- 
ceptance by a 
two thirds vote, 



conclusive for the term of three years next after said ac- 
ceptance, and until the price so fixed shall, after said 
term, be changed by said water commissioners or by said 
town. 

Section 10. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed there- 
for, to be recovered in an action of tort ; and upon con- 
viction of either of the above wilful or wanton acts shall 
be punished by a fine not exceeding three hundred dollars 
or by imprisonment not exceeding one year. 

Section 11. The said town shall, after its 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 meet- 
ing 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 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject however to 
such instructions, rules and regulations as said town may 
impose by its vote ; 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 trans- 
action 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 pur]:)ose. 

Section 12. This act shall take effect upon its accept- 
ance by a two thirds vote of the voters of said town 
present and voting thereon at any legal town meeting 
called for the purpose within one year from its passage ; 
but the number of such meetings shall not exceed three. 
At such meetings the votes shall be taken by written or 
printed ballot, and the polls shall be kept open from nine 
o'clock in the morning until four o'clock in the afternoon. 
At such meetings the selectmen shall preside, and in 



Acts, 1893. — Chaps. 156, 157, 158. 797 

receiving said ballots the cheek list shall be used in the 
same manner as it is used at elections of national, state 
and county officers. Approved March 30, 1893. 

Ax Act to puovide clerical assistance for the treasurer rij.f^^-. i Ka 

OF THE COUNTr OF WORCESTER. -^ 

Be it enacted, etc., as follows : 

Section 1. From and after the first day of January clerical asBist- 
in the year eighteen hundred and ninety- three the treasurer urer of \vo^ce9- 
of the county of Worcester shall be allowed for clerical ''^'^ county. 
assistance 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 effect upon its passage. 

Approved March 30, 1893. 

Ax Act making an appropriation for current expenses at rijjf^^^ i ny 

THE WESTBOROUGH LNSANE HOSPITAL. ^ ' 

Be it enacted, etc. , as follows : 

Section 1. The sum hereinafter mentioned is appro- Appropriation. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purpose of 
meeting certain current expenses at the Westborough 
insane hospital at Westborough during the present year, 
to wit : — 

For certain current expenses at the Westborough insane westborough 
hospital at Westborough, a sum not exceeding seven i°«»°e hospital. 
thousand dollars, as authorized by chapter twenty-two of 
the resolves of the present year. 

Section 2. This act shall take eflect upon its pas.sage. 

Approved March 30, 1893. 



Chajy.ldS 



An Act exempting from taxation certain real estate of 

THE marine society AT SALEM IN NEW ENGLAND USED FOR 
RELIGIOUS PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. So much of the real estate held in trust by cert.ainrcai 
the Marine Society at Salem in New England, under the frortaxS. 
will of Henry Barr, as is actually used for religious 
purposes, shall be exempt from taxation. 

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

Approved March 30, 1893. 



798 



Acts, 1893. — Chap. 159. 



Gloucester, 
Essex and Bev- 
erly Street 
Railway iucor- 
poraled. 



Location, con- 
struction, opera- 
tion, etc., of 
railway. 



(7AqW.159 "^^ ^^^ ^^^ INCORPORATE THE GLOUCESTER, ESSEX AND BEVERLY 

STREET RAILWAY COMPANY. 

Be it enacted, etc., as foUotvs : 

Section 1. William H Jordan, W. Frank Parsons, 
David S. Presson, Henry W. Peabody and Lamont G. 
Burnham, their associates and successors, are here])y made 
a corporation under the name of the Gloucester, Essex 
and Beverly Street Railway Compnny, v^'ith all the powers 
and privileges and subject to all the duties, conditions and 
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. 

Section 2. Said company is hereby authorized to 
construct and operate a railway, with single or double 
tracks, and with convenient turn-outs and switches, in 
part upon private land and over and upon any streets or 
highways in the city of Gloucester and the towns of 
Manchester, Essex, Wenham, Hamilton, Ipswich and 
Beverly, as shall be from time to time fixed and deter- 
mined by the mayor and aldermen of the city of Glouces- 
ter for the city of Gloucester, and the selectmen of the 
towns of jNIanchester, Essex, "Wenham, Hamilton, Ipswich 
and Beverly, for their respective towns. And said com- 
pany may construct its tracks over private land, and hold 
the same by purchase or otherwise : provided, that no 
railway shall be constructed or operated on any street or 
highway in said city or in any of said towns, unless the 
board of aldermen of said city and the selectmen of said 
towns shall respectively grant a location therefor ; nor 
shall any railway, in any event, be constructed or operated 
upon Hale street, nor south thereof, in said town of 
Beverly, nor within five hundred yards north of said Hale 
street, between Cha[)man's corner in said Beverly and the 
easterly boundary of said Beverly, nor in the town of 
Manchester on or south of what is known as the old 
Wenham road leading from Pleasant street, nor in said 
Manchester be3'ond a radius of one mile from the extreme 
northwest corner thereof. Said company may acquire, 
subject to the aforesaid proviso, 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 fixing of the route, location and 
construction of said railway over all of the route lying 



Proviso. 



Acts, 1893. — Chap. 159. 799 

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 the general law 
in relation to railroads, except a« herein otherwise pro- 
vided. 

Section 3. The location of said street railway outside Location outside 
of public streets and highways shall not exceed tifty feet ° ^ ''<''= ^-^c- 
in width. 

Sectiox 4. Said company may maintain and operate Motive power, 
said railway by any motive power, other than steam, that streets'^erection 
ma}^ be approved by the mayor and aldermen of said city o^^^po'es. wires, 
of Gloucester and the selectmen of the said towns of Man- 
chester, Essex, Wenham, Hamilton, Ipswich and Beverly ; 
and, with the consent of the mayor and aldermen of the 
said city and the selectmen of the said towns, 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. 

Section 5. The capital stock of said company shall ^"P'''*' *'°<^'^- 
not exceed two hundred and tifty thousand dollars, except 
that said company may increase its capital stock, subject 
to all general laws applicable to such increase. 

Section 6. Said company may from time to time by May issue 
the vote of the majority in interest of its stockholders bondffltc. 
issue coupon or registered bonds to an amount not ex- 
ceeding two hundred and tifty thousand dollars, for a term 
not exceeding twenty years from the date thereof: pro- Proviso. 
vided, that no issue of bonds shall be made unless there 
shall have been actually paid in an amount of the capital 
stock equal to the amount of such issue. To secure pay- 
ment of such bonds, with interest thereon, the said 
company may make a mortgage of its road and franchise 
and any part of its other property, and may include in 
such mortgage property thereafter to be acquired, 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 
an equivalent in value be substituted therefor ; and bonds 
issued shall first be. approved by some person appointed 
by said company for that purpose, who shall certify upon 
each bond that it is properly issued and recorded. 



800 



Acts, 1893. — Chap. 160. 



To be void if 
railway is not 
operated prior 
to July 1, 1896. 



Sectiox 7. The provisions of this act shall become 
void so far as relates to the rights of said company in said 
city or in either of the said towns in which said company 
shall not have constructed and operated its railway prior 
to the first day of July in the year eighteen hundred and 
ninety-six. 

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

Approved March 31, 1893. 



nji(Xr),1_Q0 ^^ ^'^^ AUTHORIZING THE COUNTY COMMISSIONER 
COUNTY TO PROVIDE ADDITIONAL ACCOMMOD.^ 
USE OF THE COURTS IN LOWELL. 



ERS OF MIDDLESEX 
A.TIONS FOR THE 



Additional ac- 
commodations 
for the use of 
courts in 
Lowell. 



County commis- 
eioners to con- 
tract for con- 
struction, etc. 



Payment of 
personal ex- 
penses of com- 
missioners. 



Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county 
of Middlesex are hereby authorized and required to pro- 
vide additional accommodations for the use of the several 
courts in Lowell, either by the erection of a new building 
or by the erection of an addition to the present county 
courthouse in Lowell, as said commissioners may deem 
best, and may borrow on the credit of said county and 
expend for such purpose a sum not exceeding one hundred 
and fifty thousand dollars, which sum shall be paid as 
follows : namely, one fifth out of the taxes of the year 
eighteen hundred and ninety-four and one fifth out of 
the taxes of each succeeding year until said loan is fully 
paid. 

Section 2. The commissioners of said county shall 
contract for the erection of said building or of said addi- 
tion, WMth the exception of the foundation therefor, and 
the removal of any building or buildings now standing on 
the proposed site of such addition, in accordance with 
section twenty-two of chapter twenty-two of the Public 
Statutes, but may make separate contracts for materials 
and construction if deemed desirable. 

Section 3. Upon the completion of said building or 
of said addition the commissioners shall return a certified 
statement of their personal expenses incurred in connec- 
tion 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 4. This act shall take effect upon its passage. 

Approved March 31, 1893. 



Acts, 1893. — Chap. 161. 801 



Ax Act to ixoouroiiATK the millbury, suttox axd dolgi.as (JJkij) \Q\ 

ELECTKIC KAILUOAD COMPAXY. 

Be it enacted^ etc., as folloios: 

Section 1. Thomas M. Babson, Francis A. Harring- Miiibury.sut- 
ton and James W. Stockwell, their associates and sue- Eiec^uic Kan^ *^ 
cessors, are hereby made a corporation by the name of [ucorpomed"/ 
the Millbury, Sutton and Douglas Electric Railroad 
Company, to be operated by electricity ; 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. 

Sectiox 2. Said corporation may locate, construct, Location, con- 

. , . , , •! 1 '^1 ,1 siructioD and 

maintam and operate a railroad with one or more tracks operation of 
from some convenient point at or near the Blackstone '■'"''^'^^''' '^^''■ 
river in said I\IilU)ury, thence southwesterly to Sutton ; 
thence southerly, via the villages of Manchaug and East 
Douglas, to a point at or near the depot of the New York 
and New England railroad in said Douglas, with the right 
to construct a track to W'est Sutton, in said Sutton. 

Section 3. The rate of speed upon such parts of the Rate of speed 
proposed railroad as are within the public highways in highway"!^'*'' 
any town shall be subject to the limitations fixed by the 
selectmen of the town through which said railroad passes. 

Section 4. The capital stock of said corporation shall capuai stock. 
not exceed two hundred thousand dollars nor be less than 
one hundred thousand dollars, divided into shares of one 
hundred dollars each. 

Section 5. For the purpose of locating, constructing May mortgage 

• 1 •! 1 • 1 ^ i. -i road, franchise, 

or equip))mg said raih'oad said company may mortgage its etc. 
road, equipment and franchise, to any amount not exceed- 
ing ten thousand dollars per mile for every mile of its 
roadbed hereby authorized to be located and constructed. 
Said mortgage shall be given to secure the bonds of said 
railroad, which shall be issued in conformity wnth the pro- 
visions of chapter one hundred and twelve of the Public 
Statutes. 

Section 6. The said railroad company is hereby author- May make 
ized to make, with any railroad corporation whose railroad wkhoth'e'^r'raii. 
now or hereafter shall connect with the said Millbury, t?onl.''°'''°'^''* 
Sutton and Douglas electric railroad, as hereafter located, 
such leases or operating contracts as the directors of such 
corporation may agree to, and as may be approved by a 



802 Acts, 1893. — Chaps. 1G2, 163, 164. 

majority of the stockholders of each corporation at a meet- 
ing duly called for that purpose. 
TnieL^s roili is Section 7. This act shall take effect upon its passage, 
itructeVerc ^'^^ shall bc void unless said railroad is located within two 
years and constructed within four years after the passage 
of this act. Approved March 31, 1893. 

GllCLT) 162 -^^ -^^^ ^*^ AUTHORIZE THE CITY OF BOSTON TO PAY TO THE 
ORPHAN SISTERS OF JOHN I. McAYOY, LATE A PROBATION 
OFFICER OF THE COUNTY OF SUFFOLK, THE BALANCE OF HIS 
SALARY FOR THE YEAR EIGHTEEN HUNDRED AND NINETY-THREE. 

Be it enacted, etc., as follows : 
May pay salary Section 1. The board of aldemieu of the city of 

to Bisters of-n. ■• . •. ii'Tj_ 

John I. Boston, acting as county commissioners, are authorized to 

McAvoy. ^^^^ ^^ ^j^g orphan sisters of John I. McAvoy, late a pro- 

bation officer of the county of Suffolk, the balance of the 
salary for the year eighteen hundred and ninety-three to 
which he would have been entitled had he lived and con- 
tinued to be such officer during the remainder of said year ; 
but no part thereof shall be paid by the Commonwealth. 
Section 2. This act shall take efiect upon its passage. 

Approved April 3, 1893. 



Chap.163 



An Act to authorize the assabet manufacturing company 
TO increase its capital stock. 

Be it enacted, etc., as folloivs : 

May increase Section 1. The Assabct Manufacturing Company is 

capias DC. ]jQj.gi3y authorized to increase its capital stock, in the 
manner provided by hiw, at such times and in such 
Provieo. amouuts as it may from time to time determine : provided, 

the whole amount of capital stock of said Assabet Manu- 
facturing Company shall not exceed two million dollars. 
Section 2. This act shall take effect upon its passage. 

Approved April 4, 1893. 



An Act to authorize the masonic building association in 

new BEDFORD TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as folloivs : 

May increase Section 1, The Masoiiic Buildiuo; Association in New 

Bedford, incorporated by chapter fifty-four of the acts of 
the year eighteen hundred and seventy-four, is hereby 



Chap.164: 



capital stock. 



Acts, 1893. — Chaps. 165, 166. 803 

authorized to increase its capital stock at such times and 
in such amounts as it may from time to time determine, 
and to hold real and personal estate to the limit of the 
capital stock as authorized by this act ; jwovided^ the rrovisos. 
whole amount of the capital stock of said association shall 
not exceed two hundred and twenty-five thousand dollars ; 
axid provided, further , that nothing in this act shall author- 
ize said corporation to purchase and hold real estate 
outside the limits of the following described tract, situated 
in said New Bedford ; all that land lying east of Pleasant 
street, north of Union street, south of the south line of 
Sears court extended westerly, and west of the east line 
of property now owned or leased by the Masonic Build- 
ino; Association. 

Sectiox 2. Said association is hereby authorized to May sen Mock 
sell any increase of its capital stock voted by the corpora- aucUon.'^etc. 
tiou under the authority of this act, at public auction, or 
to issue as much thereof as may be necessary to purchase 
any of the land described in this act in payment therefor, 
and may assume the liabilities thereon and acquire any 
rights attaching thereto ; and the balance of the increase 
so voted may be issued under the provisions of law for 
the increase of stock of manufacturing corporations, or 
sold as aforesaid at public auction, but none of said stock 
shall be issued at less than the par value thereof. 

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

Approved April 4, 1893. 



Chap.165 



An Act to authokize the Richmond iron works to hold 
additional real estate. 

Be it enacted, etc., as follows: 

Section 1. The Richmond Iron Works is hereby May how acidi- 
authorized to hold, for the purposes of its incorporation, es^tate/^''' 
real estate not exceeding in value the sum of two hun- 
dred and fifty thousand dollars. 

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

Approved April 4, 1893. 



Chap.166 



An Act to authorize the city of brockton to lay out and 

CONSTRUCT a STREET OR W' AY THROUGH A PORTION OF THE 
THAYER UURIAL GROUND. 

Be it enacted, etc., as Jollows : 

Section 1. For the purpose of widening and straight- street may be 
ening Pleasant street in the city of Brockton, the said through Thayer 

cemetery. 



804 



Acts, 1893. — Chap. 167. 



Proviso. 



Payment of 
damageB. 



Proviso. 



city may take, by purchase or otherwise, a strip of land 
from the northerly side of the Thayer cemetery, so-called, 
not exceeding in area six hundred thirty-seven and four 
tenths feet, in accordance with the plans now on file in 
the city engineer's ofEce of said city : provided, that no 
burial lot in which are buried the remains of the dead 
shall be entered upon under the provisions of this act 
until such remains shall have been removed and duly 
interred, with all headstones as they now exist, trans- 
ferred so as to mark their appropriate graves, without 
expense to the owner of or persons interested in such 
burial lot. 

Section 2. Said city shall be liable to the owners of 
and all parties interested in said burial ground, to pay all 
damages sustained in their property by the taking of any 
lands under the provisions of the preceding section. If 
said owners or any party interested as aforesaid cannot 
agree with the city upon the amount of said damages, 
such owners or party may have said damages assessed in 
the same manner as is provided in case of taking of land 
for highways : provided, that any application for a jury to 
assess said damages shall be made within one year after 
said damages are sustained. 

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

Appi-oved April 4, 1893. 



Chap.l(57 ^"^ A^-r TO 



Medford Public 
Building Loan. 



AUTHORIZE THE CITY OF MEDFORD TO INCUR INDEBT- 
EDNESS BEYOND THE LIMIT FIXED BY L4W FOR THE PURPOSE 
OF ERECTING PUBLIC BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. The city of Medford, for the purpose of 
erecting and constructing a city hall building, a high 
school building, and other pul)lic buildings for said city, 
may incur indebtedness to an amount not exceeding two 
hundred and fifty 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 l)onds or scrip therefor, signed by its mayor and 
treasurer and countersigned b}^ its auditor, 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 payable semi-annually. Said 
bonds or scrip shall be denominated on their face, Med- 
ford Public Building Loan. 



Acts, 1893. — Chaps. 108, 169. 805 

Section 2. The debt and loan authorized by this act, Loan not to be 

•• 11 r iiiji reckoned in 

and the bonds and scrip issued thereior, shall not be con- determining 
sidered or reckoned in determining the authorized limit umit?"^^ 
of indebtedness of said city under the provisions of section 
four of chapter twenty-nine of the Public Statutes and 
acts in amendment thereof; but said city shall establish a 
sinking fund, as provided in section nine of said chapter Siniiing fund. 
twenty-nine, sufficient with its accumulations for the pay- 
ment of the debt, bonds and scrip hereby authorized, at 
their maturity. 

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

Approved April 4, 1893. 

An Act to ixcokporate the avollaston club. C%tt/).168 

Be it enacted, etc., as follows : 

Section 1. Chandler W. Smith, Wendell G. Corthell, KporTte^d"'' 
Henry O. Fairbanks, Frederick H. Bishop, James S. 
Whiting, Frank H. Armstrong, Richard R. Freeman, 
George B. Rice, Walter M. Hatch and Walter E. 
Simmons, their associates and successors, are made a cor- 
poration by the name of the Wollaston Club, for the pur- 
pose of maintaining a clubhouse and reading room in the 
city of Quincy ; with the powers and privileges and sub- 
ject to the duties, liabilities and restrictions set forth in 
all general laws which now are or may hereafter be in 
force applicable to such corporations. 

Section 2. Said corporation for the purpose aforesaid ^^^nottlcTed" 
may hold real and personal estate to an amount not ex- ing$5o,ooo. 
ceeding fifty thousand dollars. 

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

Ap2yroved April 4, 1893. 

An Act to ixcouporate the exchange club of boston. ChctV 169 
Be it enacted, etc., as folloics : 

Section 1. Samuel Wells, Augustus G. Bullock, Exciiange ciub 

TT 1 n /-^ 1 4 1 /• T lA /--ii 11 Tx-r.ii. .^ of Boston incor- 

Hernert S. Carruth, Alfred D. Chandler, William C. porated. 
Codman, Jr., Charles Davis, Jr., Arthur L. Devens, 
Amory Eliot, Emor H. Harding, J. Morris Meredith, 
Lawrence Minot, Solomon P. Stratton, Nathaniel N. 
Thayer, Henry Wainwright and Edward F. Whitney, 
their associates and successors, are hereby made a cor- 
poration by the name of the Exchange Club, to be located 



806 Acts, 1893. — Chaps. 170, 171. 

in the city of Boston, for the promotion of commercial 
and social intercourse and for other lawful purposes, by 
establishing and maintaining in said city a clubhouse, and 
by such other means as shall be expedient and proper ; 
with the powers and privileges and subject to the duties, 
liabilities and restrictions set forth in the general laws 
which now are or may hereafter be in force and applicable 
to such corporations. 
May hold prop- SECTION 2. The Said corporatiou, for the purposes 
ing$5oo,ooo°Ttc! aforcsaid, may hold real and personal estate to an amount 
not exceeding five hundred thousand dollars, and may 
issue bonds and may execute mortgages upon its real 
estate to an amount not exceeding the value of such real 
estate and the improvements thereon. 

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

Approved April 4, 1893. 



Chap 



-j I7A Ax Act relating to the construction, maintenance and in- 
spection OF BUILDINGS IN THE CITY OF BOSTON. 



Be it enacted^ etc., as follows: 
1892, 419. §136. Section 1. Scctiou ouc hundred and thirty-six of 
chapter four hundred and nineteen of the acts of the year 
eighteen hundred and ninety two is hereby amended by 
striking out in the third line thereof, the word " in- 
spector", and inserting in place thereof the words : — city 
of Boston, by its attorney, — so as to read as follows : — 
Fo°rcrprov^8i'on8 Sectioii 136. Any court having equity jurisdiction, in 
ofiaw and issue term time or vacation, may, on the application of the city 

injunctions. n -r-,, i- i -ii 

of Boston, by its attorney, by any suitable process or 
decree in equity, enforce the provisions of this act, and 
may, on such application, issue an injunction to restrain 
the erection, alteration, use or occupation of any building 
or structure in the city of Boston, erected, altered, main- 
tained or used in violation of this act. 

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

Approved April 7, 1893. 

ChClT>,\l\ -^^ ■^'^'^ '^^ AUTHORIZE THE MONUMENT MILLS TO HOLD ADDI- 
TIONAL REAL ESTATE. 

Be it enacted, etc., as follows: 
May hold addi- SECTION 1. The Monumcut Mills is hereby authorized 
estate. to hold, for the purposes of its incorporation, real estate 



Acts, 1893. — Chap. 172. 807 

not exceeding in value the sum of two hundred and fifty 
thousand doUars. 

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

Approved April 7, 1893. 



Ax Act relatixg to the taking of scallops in the waters f^j^pYt 172 

OF THE TOM^N OF FAIRHAVEN. "' 

Be it enacted^ etc., as follows: 

Section 1. The selectmen of the town of Fairhaven Taking of seal- 
may grant permits in writing to take scallops from the wafers"^ Fair- 
waters within the limits of the said town, in such quan- ^''^^°- 
titles, at such time or times within one year, by such 
methods and under such regulations as may be expressed 
in their permit ; and they may charge and receive there- 
for, in behalf of and for the use of said town, such sums 
as they may deem proper. But every inhabitant of the 
state may without such permit take scallops from the 
waters of the town, for the use of the family, from the 
first day of October to the first day of April, not exceed- 
ing in any week three bushels, including the shells. 

Section 2. No person shall take any scallops from the Penalty. 
waters of said town without a written permit from the 
selectmen thereof, except as provided in the preceding 
section. Whosoever violates the provisions of this act 
shall be punished by a fine of not less than twenty nor 
more than one hundred dollars, or by imprisonment in 
the house of correction not less than thirty days nor more 
than six months, or by both such fine and imprisonment. 
One half of the fine shall be paid to the complainant and 
and the other half to the county within which the offence 
was committed. 

Section 3. Nothing in this act shall be construed to Certain provi- 
affect any acts relating to oyster fishery, or to impair the etc°Vot*^' 
private rights of any person, or in any way to limit or ^^'''=*^'*- 
affect the provisions of law for the protection of fisheries 
other than scallop fisheries, or to permit the taking of 
scallops upon any oyster grounds or beds other than 
public grounds or beds. 

Section 4. District courts and trial justices shall have Jurisdiction of 
concurrent jurisdiction with the superior court of jjji °°"'' *• ® °- 
oftences under this act. 

Section 5. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. Approved April 7, 1893. 



808 



Acts, 1893. — Chaps. 173, 174. 



ChClV.1.73 ^^ ^^^ RELATIVE TO NOTICE IN PROCEEDIN 



GS TO ENFORCE LIENS 
UPON PERSONAL PROPERTY. 



P, S. 192, §26, 
amended. 



Provision for 
case where 
owner ia un- 
known, or 
resides out of 
the state. 



Be it enacted, etc., as follows: 

Section twenty-six of chapter one hundred and ninety- 
two of the Public Statutes is hereby amended by inserting 
after the word "owner", in the first line thereof, the 
words : — or the usual place of abode of the owner, — 
also by inserting after the words "unknown owner", in 
the third line thereof, the words : — or to the owner, 
naming him, " whose usual place of abode is unknown", 
— and also by inserting after the word "or", in the 
fourth line thereof, the words : — he, or his usual place of 
abode, — so as to read as follows : — /Section 26. If the 
owner, or the usual place of abode of the owner, is 
unknown, the application may be made sixty days after 
the money becomes due, and a notice may issue " to the 
unknown owner," or to the owner, naming him, " whose 
usual place of abode is unknown ", describing the property. 
If the owner resides out of the Commonwealth, or he, or 
his usual place of abode, is unknown, notice maybe given 
by a publication of the order in the manner prescribed 
for the publication of notices in section seven. 

Approved April 7, 1893. 



Chap 



P. 8.116, §20, 
amended. 



Corporation 
building and 
site. 



YJA An Act relative to the investment of deposits of savings 

BANKS AND INSTITUTIONS FOR SAVINGS IN BUILDINGS FOR THE 
TRANSACTION OF THEIR BUSINESS. 

Be it enacted, etc., as follows: 

Section 1. The seventh clause of section twenty of 
chapter one hundred and sixteen of the Public Statutes is 
hereby amended by striking out in the first line of said 
clause, the word "ten", and inserting in place thereof, 
the word : — five, — so as to read as follows : — Seventh, 
five per cent, of the deposits of any such corporation, but 
not exceeding two hundred thousand dollars, may be in- 
vested in the purchase of a suitable site and the erection 
or preparation of a suitable building for the convenient 
transaction of its business. 

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

Approved April 7, 1893. 



Acts, 1893. — Chaps. 175, 176, 177. 809 



An Act t(^ ixcouroRATE the primitive metiiodist church of (JJinj^ 17^ 

THE UNITED STATES OF AMERICA, EASTERN CONFERENCE. "' 

Be it enacted, etc., asfolloios: 

Section 1. Thomas M. Bateman, John H. Acornly, Primitive 
John Mason, Nathaniel W. ^Matthews, William Thornton, ci^u^chofthe 
John W. Fielden, Hargreves Watson, their associates and o^AmericaT 
successors, are hereby made a corporation by the name of ^rftfj"?°°' 
the Primitive Methodist Church of the United States of porated. 
America, Eastern Conference, for the purpose of support- 
ing and maintaining public religious worship according to 
the faith, usages and discipline of the Primitive Methodist 
Church in the United States of America. 

Section 2. Said corporation may receive and hold by May receive and 
gift, devise or otherwise, real and personal estate to an not exceeding 
amount not exceeding five hundred thousand dollars. $500,000. 

Section 3. Said corporation is hereby authorized to May hold meet- 
hold its meetings in any state included within the limits Hmurof eastern 
of the eastern conference, as designated by the discipline <=°''f®''«°<=«- 
of said primitive church in the United States of America. 

Approved April 7, 1893. 

An Act to authorize the county commissioners of the Q/iQrf^YJQ 

COUNTY OF BARNSTABLE TO BORROAV MONEY FOR THE PURPOSE 
of making ALTERATIONS IN THE COURTHOUSE AT BARNSTABLE. 

Be it enacted, etc., as follotos: 

Section 1. The county commissioners of the county May incur in- 
of Barnstable are hereby authorized and empowered to enlarging court- 
borrow, upon the credit of the county, a sum of money ^°"*^' 
not exceeding nine thousand dollars, for the purpose of 
enlarging and making necessary alterations in the court- 
house situated in the town of Barnstable ; and the indebt- 
edness so incurred shall be discharged within ten years 
from the date of incurring the same. 

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

Approved April 7, 1893. 



Chap.177 



An Act to prohibit the use of distinguishing ballots in the 
election of moderator at town elections for the choice 
of tom'n officers. 

Be it enacted, etc., as folloivs : 

Section 1. In towns in which, at the close of registra- printingand 
tion preceding the day of the annual election for town SSsMn^g 
officers, there have been registered the names of more hibued^et°c'. 



810 Acts, 1893. — Chap. 178. 

than five hundred voters, no person shall print any ballot 
for use at any election of moderator of the meeting for 
the choice of town officers, or shall distribute at any such 
election any printed or written ballot containing the name 
of any candidate for moderator, unless such ballots are of 
plain white paper in weight not less than ordinary print- 
ing paper, and are not more than six nor less than five 
and a half inches in length, nor more than four nor less 
than three and a half inches in width ; and such ballots 
shall contain no printing, engraving, device or mark of 
any kind upon the back thereof. If the same are printed 
they shall be printed with black ink, on one side of the 
paper only, and the name of the candidate shall be printed 
parallel with the longest side of said ballot in capital let- 
ters not less than one eighth nor more than one quarter 
of an inch in heio;ht. Nothing herein contained shall 
authorize the refusal to receive or count any ballots for 
any want of conformity with the requirements of this 
section. 
Penalty. SECTION 2. Whocvcr violatcs any of the provisions of 

the preceding section shall be punished by fine not exceed- 
ing one hundred dollars or imprisonment in the jail not 
exceeding sixty days. 

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

Approved April 7, 1893. 

ChaV.li78 ■^'^ "^^^ '^*^* AUTHORIZE THE CONSTRUCTION OF A PUBLIC HIGH- 
WAY BRIDGE ACROSS THE MONUMENT RIA^ER IN THE TOWN OF 
BOURNE. 

Be it enacted, etc., as follows: 
Construction of SECTION 1. The countv commissiouers of the county 

bridge acroes iii i r-r* i f 

Monument river of Bamstablc, wheucver the town of Bourne by vote or 
Bourne. a majority of the legal voters of said town present and 

voting at a town meeting dul}^ called for the purpose re- 
quest them so to do, are hereby authorized and required 
to lay out and construct, subject to the provisions of 
chapter nineteen of the Public Statutes, a public highway 
bridge, with suitable approaches thereto, across the Monu- 
ment river, so-called, in the toAvn of Bourne, at some 
convenient point within one thousand feet east or west of 
the present railroad bridge on the Wood's Holl branch of 
the Old Colony railroad, and to connect said bridge by 
suitable highways with such highways as are now laid out 
in said town of Bourne. Said bridge may be constructed 



Acts, 1893. — Chaps. 179, 180. 811 

with or witliout a draw therein, as the board of harbor 
and hind commissioners shall approve. 

Section 2. The county commissioners of the county Apportionment 
of Barnstable may allow from the treasury of said county, cons't^uction, 
or order to be paid by such town other than the town of ^'*'" 
Bourne, in said county of Barnstable, if any, as in the 
opinion of said county commissioners will receive greater 
benefit than other towns in said county, to said town of 
Bourne, such sum of money, if any, as they may think 
just and equitable, to indemnify said town in part for the 
expense of building the bridge, highways and approaches 
provided for by this act. 

Section 3. Said county or said town of Bourne, and county and 

_ .^ . . towns may bor- 

any town required to contribute as aforesaid, may sever- row money, etc. 
ally borrow upon their note, notes or other obligations 
such sums as they severally may deem necessary to comply 
with the provisions of this act. 

Section 4. In case any highway laid out under the ProvisionBof 
provisions of this act shall cross the tracks of said Old aboiuio^nof ° 
Colony Kailroad Company, the provisions of all general foapptyre^tc"^* 
acts or parts of such acts relating to the abolition of grade 
crossings shall appl}' to the highways so laid out. 

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

Approved April 7, 1893. 

An Act relative to certain grade crossings in the city of njinj) 1 T'Q 

W^ORCESTER. ■*■' 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and twenty-eight of isgo, 428and 

i . • T amendments 

the acts of the year eighteen hundred and ninety and acts not to apply to 
amendatory thereof shall not, for the period of five years crossings for 
from and after the passage of this act, apply to any of ^^® ^^^"' 
the grade crossings in the city of Worcester between and 
including the grade crossing at Garden street and the 
union station in said city, and between said union station 
and Worcester junction, so-called. 

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

Approved April 7, 1893. 



Chap.lSO 



An Act to authorize the city of medford to construct a 
system of seaverage and to provide payment therefor. 

Be it enacted, etc., asfolloios: 

Section 1. The city of Medford is hereby authorized, f^^.teToT' 
through a board of commissioners to be elected as herein- sewerage. 



812 



Acts, 1893. — Chap. 180. 



Commissioners 
of sewers, 
appointment, 
terms of office. 



May take lands, 
divert streams, 
construct 
sewers, etc. 



A description of 
land, etc., taken 
to be recorded 
in registry of 
deeds, etc. 



after provided, to lay out, construct, maintain and operate 
a system or systems of main drains and common sewers 
for a part or the wliole of its territory, and such works as 
may be required for a system of sewage disposal for said 
city, to be constructed, maintained and operated in con- 
nection with the main sewers and other works required to 
be constructed, maintained and operated, as provided by 
chapter four hundred thirty-nine of the acts of the year 
eighteen hundred and eighty-nine. 

Section 2. Said board shall consist of three commis- 
sioners, who shall be citizens of said city, to be called the 
commissioners of sewers of the city of Medford, and shall 
be appointed by the mayor of said city. They shall hold 
their office, one for one year, one for two years and one 
for three years from the lirst day of February preceding 
their appointment, and until their respective successors 
are appointed and qualified ; and thereafter in January 
of each year one person shall be so appointed as a mem- 
ber of such board, who shall hold his office for three 
years from the first day of the February then next ensuing. 
'All such appointments shall be subject to confirmation or 
rejection by the board of aldermen. 

Section 3. Said board of commissioners, acting for 
and in behalf of said city, shall have full power to take 
by purchase or otherwise any lands, water rights, rights 
of way or easements in said city, public or private, of 
any persons or corporations, necessary for the establish- 
ment of such system of sewerage and sewage disposal, 
and may divert streams and water courses, and may con- 
struct such sewers under any water course, bridge, rail- 
road, highway or other way, and may enter upon and dig 
up any private land, street or way, for the purpose of 
laying such sewers beneath the surface thereof and of 
maintaining and repairing the same. 

Section 4. When lands, rights of way or easements are 
so taken, in any other manner than by purchase or agree- 
ment, said board of commissioners shall within thirty days 
of said taking cause to be recorded in the registry of 
deeds for the county of Middlesex, southern district, a 
description of the same as certain as is required in a con- 
veyance of land, with a statement of the purpose for 
which the same are taken, signed by a majority of "said 
board ; and the fee in the lands, rights of way or ease- 
ments so taken or purchased shall vest in said city of 



Acts, 1893. — Chap. 180. 813 

Medtbrd, which shall pay all damages therefor out of the 
appropriation for construction of sewers. If the damages 
are not agreed upon a jury in the superior court of said 
county may be had to determine the same, in the same 
manner as in case of lands taken for highways ; but no 
suit shall be brought after two years from the date of the 
recording of the taking as herein required. 

Section 5. In every case of a petition for the assess- Payment of 
ment of damages or for a jury, said city may at any time ''*™''^^*- 
file an ofter in writing, with the other papers in the case, 
to pay the petitioner a sum therein specified as damages ; 
and if he does not accept the same within ten days after 
notice of such offer, and does not finally recover a greater 
sum than that offered, not including interest from the date 
of ofler on the sum so recovered, the city shall recover 
costs from said date, and the petitioner, if he recovers 
damages, shall be entitled to costs only to the date of the 
offer. 

Section 6. The city council of said city may by vote Tender for 
determine what proportion of the cost of said system of bem^de.TZ 
sewerage said city shall pay, provided that it shall not 
pay less than one third nor more than one half of the 
whole cost. The remaining cost of said system shall be 
borne by the owners of estates situated within the terri- 
tory embraced by it and benefited thereby, but no estate 
shall be deemed to be benefited unless or until a sewer is 
constructed into which it can be drained. The owners of 
such estates shall be assessed by said commissioners their 
proportional parts respectively of such portion of the total 
cost of said system as is not borne by the city as above 
provided. Such proportional parts shall be based upon Apportionment! 
the estimated average cost of all the sewers composing tem°*'°^*^^" 
said system, and shall be assessed by a fixed uniform rate 
according to the frontage of such estate on any street or 
way in which a sewer is constructed, or according to the 
area of such estate within a fixed depth from such street 
or way, or according to both frontage and area ; and 
every such owner shall, within three months after written 
notice of such assessment served on him or on the occu- 
pants of his estate, or sent by mail to the last address of 
said owner known to said commissioners, pay the sum so 
assessed to the city treasurer : provided, that said board ^'o^'^^**- 
shall, on the written request of any such owner made 
within said three months, apportion such assessment into 



814 Acts, 1893. — Chap. 180. 

such number of equal parts or instalments, not exceeding 
five, as said owner shall state in such request ; and said 
board shall certify such apportionment to the assessors 
of said city, and one of said parts or instalments, with 
interest from the date of said apportionment at the rate 
of five per centum per annum, shall be added by the 
assessors to the annual tax on such estates for each year 
next ensuing until all said parts have been so added and 
paid, unless sooner paid as hereinafter provided ; and 

Proviso. provided, further, that nothing herein contained shall be 

construed to prevent the payment at any time in 
one payment, notwithstanding its prior apportionment, 
of any balance of said assessments then remaining un- 
paid ; but interest on such balance at the rate of five 
per centum per annum shall be paid to the date of such 
payment ; and thereupon the city treasurer shall receive 
the same and shall certify such payment or payments to 
the assessors, who shall preserve a record thereof. In 
cases of corner lots and lots abutting on more than one 
sewered street the same area shall not be assessed more 
than once. 

Collection of Sectiox 7. An assessment made under section six 

assessment, sale , ,, . ,. i • i i n 

of estate for shall coustitutc a Iicn upou the estate, which shall contmue 
etc. ' ' for three years after it is made and notice served as above 
provided, or, in case of apportionment, until the expira- 
tion of two years from the time the last instalment is 
committed to the collector ; and said assessment, together 
with interest at the rate of five per centum per annum, 
may, with incidental costs and expenses, be levied by sale 
of such estate or so much thereof as shall be suflScient to 
discharge the assessment and interest and intervening 
charges ; if the assessment is not paid within three months 
after service of said notice, or, if apportioned, within 
three months after any part has become due, such sale 
and all proceedings connected therewith shall be conducted 
in the same manner as sales for the non-payment of taxes ; 
and real estate so sold may be redeemed the same as if 
sold for the non-payment of taxes and in the same manner. 
Such assessment or parts thereof may also be collected by 
an action of contract, in the name of the city of Medford 
against the owner of said estate, brought at any time within 
three years after the same has become due. 
fnfr'To're^vise*^ SECTION 8. Any persou aggrieved by such assessment 
assessment. may, at any time within three months after service of the 



Acts, 1893. — Chap. 180. 815- 

notice mcutioned in section seven of this act, apply to 
the superior court of said county for a jury to revise the 
same, but before making such application he shall give 
fourteen days' notice in writing of his intention so to do 
to the said commissioners, and shall therein particularly 
specify his objection to the assessment, to which specifica- 
tion he shall be confined before the jury. 

Section 9. The city of Medford, for the purpose of Medford sewer- 

., '' 1 ,.,.,..' .^ , age Loan. 

paying the necessary expenses and habihties nicurred 
under this act, may incur indebtedness and may issue 
from time to time as may be required therefor, bonds, 
notes or scrip to an amount not exceeding three hundred 
and fifty thousand dollars, and the debt and loan author- 
ized by this act and the notes, bonds or scrip issued there- 
for shall not be considered or reckoned in determining; 
the authorized limit of indebtedness of said city under the 
provisions of section four of chapter twenty-nine of the 
Public Statutes and of acts in amendment thereof or 
supplementary thereto. Such bonds, notes or scrip shall 
bear on their face the words, Medford Sewerage Loan, 
shall be payable within such periods not exceeding thirty 
years from the issuing of such bonds, notes or scrip 
respectively, and shall bear interest payable semi-annually 
at such rate, not exceeding five per centum per annum, as 
the city council of said city of Medford may determine. 
Said bonds, notes or scrip shall be signed by the mayor 
and the treasurer of said city and shall be countersigned 
by its auditor. The said city may sell such securities or 
any part thereof from time to time at public or private 
sale, provided that they shall not be sold for less than the 
par value thereof; the proceeds thereof shall be retained 
in the treasury, and the treasurer shall pay thereYrom the 
expenses incurred for the purposes aforesaid, but the 
premiums, if any, received on the sale thereof, shall be 
paid over to the board of sinking fund commissioners and 
be placed in the sinking fund of said city created for the 
payment of the loan herein authorized. 

Section 10. The receipts from annual rates, assess- Payment of 
ments, and payments made in lieu thereof under this act, Slng^fund. ' 
shall, after deducting all charges and expenses for and 
incident to the maintenance and operation of said system, 
be applied first to the payment of interest upon said 
bonds, notes or scrip issued under authority of this act, 
and the balance shall be set apart to meet the require- 



816 Acts, 1893. — Chap. 180. 

ments of the sinking fund for the payment and redemption 
of said bonds, notes or scrip, as provided in section nine 
of chapter twenty-nine of the Public Statutes. If the 
surplus net income from said rates, assessments and pay- 
ments made in lieu thereof, shall in any year be insufficient 
to pay the interest on said bonds, notes or scrip, and to 
meet the requirements of law as to said sinking fund, as 
hereinbefore provided, then, in such case, said city, to 
meet said deficiency, shall raise forthwith by taxation, in 
the same manner as money is appropriated and assessed 
for other city purposes, such sum as will, together with 
said net income, be sufficient to meet said requirements 
of law ; said sinking fund shall be used for no other pur- 
pose than the payment and redemption of said debt. 
rig^to'a' ^i^*' Except as herein otherwise provided 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, so far as appli- 
cable, apply to the issue of such bonds, notes or scrip, and 
to the establishment of a sinking fund for the payment 
thereof at maturity. If in any year said surplus net 
income shall be in excess of the sum necessary to meet 
the requirements of the sinking fund for said year, the 
surplus, together with any other amounts appropriated 
from time to time by said city for the payment of said 
principal sums, shall be added to said sinking fund or 
be applied to the reduction of the principal of said debt, 
either by purchase and retirement of a portion of said 
outstanding indebtedness or by the payment of the same 
at maturity. All notes, bonds or scrip of said city pur- 
chased for redemption or retirement under this act shall 
be cancetled. 
Clerk and super- Section 11. Said board of commissioners shall anuu- 
appointmentand ally appoint a clcrk, and may appomt, but not from their 

compensation. i • j t a l- ^ 

own number, a superintendent of sewers, and may remove 
said clerk and superintendent at their pleasure. The 
compensation of said clerk and superintendent and of said 
commissioners shall be fixed by the city council. 
•Contracts. SECTION 12. All contracts made by said board of 

commissioners for the purposes of this act shall be the 
contracts of said city, and shall be signed by the mayor, 
but no contract shall be made by said commissioners which 
requires an expenditure of money until an appropriation 
has been made of the moneys to be expended for the 



Acts, 1893. — Chap. 181. 817 

purposes to be caccomplished by such contract, nor in 
excess of such appropriation : and said board of commis- commissioners 
sioners shall at all times be accountable for the proper we foThe "°'^' 
discharge of their duties to the mayor, as the chief execu- ™='y°'">etc. 
tive othcer of the city, and shall make such reports to him 
as he may require from time to time for his own informa- 
tion or for the information of the city council. 

Sectiox 13. Said board of commissioners may pre- Rules, reguia- 
scribe rules and regulations for the inspection of materials, penalties. 
construction, alteration or use of all sewers or drains 
entering into such main sewers, and may impose penalties, 
not exceeding twenty dollars, for each violation of any 
such rule or resfulation. Such rules or regulations shall 
be published not less than once a week in some newspaper 
of said city of Medford and shall not take eflect until such 
publication has been made. 

Section 14. The provisions of chapter tifty of the p. s. 50, and 
Public Statutes and of acts in amendment thereof, so far appTj^""""''" *° 
as applicable and not inconsistent with this act, shall apply 
to the city of Medford in carrying out the provisions of 
this act. 

Section 15. This act shall take effect upon its passage. 

Approved April 11, 1893. 

Ax Act to authouize the Leicester water supply district ri},f,ry^ 1Q1 

TO CONSTRUCT AND MAINTAIN A SYSTEM , OF SEWERAGE AND ^ ' 

DRAINAGE. 

Be it enacted, etc., as follows : 

Section 1. The Leicester Water Supply District in District may 
the town of Leicester is hereby granted the same authority tem of"8°ewe7*' 
to construct and maintain a system of sewerage and drain- ^^'^^ 
age within the limits of said district that cities and towns 
now have by law ; and the provisions of chapter fifty of 
the Public Statutes relating to sewers and drains, and 
chapter two hundred and forty-five of the acts of the year 
eighteen hundred and ninety-two and acts in amendment 
thereof, shall so far as applicable apply to said district. 
The authority of the town of Leicester to construct sewers Authority of 
and drains within the limits of said district shall be sus- townsuspended. 
pended while this act is in force. 

Section 2. The water commissioners of said district commissioners, 
shall have the same power and authority in relation to uyTnd com."'^' 
sewers and drains within the limits of said district as are p^"'^"°°- 



818 Acts, 1893. — Chap. 181. 

given by law to the selectmen or road commissioners of 
towns. They shall receive such compensation for their 
services as may be determined by a vote of said district, 
and a majority of them shall constitute a quorum for the 
transaction of business. 
Payment of Section 3. Said district may, at a meeting called for 

conrtrucuonand the purpose, votc to raisc by taxation, or borrow money to 
maintenance, (.jjj.py q^^; ^\^q provisions of this act, subjcct to the restric- 
tions and limitations imposed by law upon towns ; and all 
money so raised or borrowed shall be expended by said 
board for the purposes prescribed by the vote of the 
district. No money shall be drawn from the district 
treasury except by a written order of said commissioners 
or a majority of them. 
AsBesBment, SECTION 4. The clcrk of Said district shall, on or 

payment of bcfore the first day of May in each year, certify to the 

amount raised i? J.^ i. r t ' i. ii ^i^i 

by taxation. asscssors 01 the town 01 L/eicester all sums voted to be 
raised by taxation by the district during the yeav last pre- 
ceding, under the provisions of this act, which sums shall 
be assessed and collected by the officers of said town in 
the same manner as town taxes are assessed and collected, 
and shall be paid over to the treasurer of said district, 
who shall hold the same subject to the order of said board. 

Commissioners SECTION 5. Said board of commlssioners shall, subjcct 

to construct and , ,-, t. ,. <. •iTi'j^i i i • j_ • 

maintain sew- to the dii'ection 01 Said district, lay, make and mamtain 

tatefani.™'*^ therein all such sewers, drains and sewage disposal works 
as they adjudge to be necessary for the public convenience 
or the public health ; and for these yjurposes said district 
may take, by purchase or otherwise, as hereinafter pro- 
vided, any land in the town of Leicester which in the 
opinion of said board may be necessary therefor : j)i'0~ 

Proviso. vided, however, that any system or systems of sewerage, 

drainage or sewage disposal constructed under the pro- 
visions of this act shall be in general accordance with some 
plan or plans approved by the state board of health ; and 
no land shall be taken for sewage disposal purposes with- 
out the approval of said board. 

A description of SECTION 6. Whenever land is taken by virtue of the 

land taken to be . , ,.1 t ,• • 1 t • j^ 1 ii 

recorded in provisious ot the preceding section, said district shall, 
dlldsl^etc. within sixty days after such taking, file and cause to be 
recorded in the registry of deeds for the Worcester district 
a description thereof sufficiently accurate for identification, 
with a statement of the purpose for which it is taken, 
signed by said commissioners or a majority of them ; and 



Acts, 1893. — Chap. 181. 819 

all hinds so taken for the purposes mentioned in said 
statement shall vest in said district and its successors. 
Damages for land so taken shall be paid by said district ; Damages, 
and any person aggrieved by the taking of his land under 
this act, and failing to agree with said board as to the 
amount of his damages, may, upon petition to the county 
conunissioners of the county of Worcester within two 
years from the tiling of the description thereof in the 
registry of deeds, have his damages assessed and de- 
termined in the manner provided when land is taken for 
highways. 

Section 7. Said board shall keep maps and plans of Maps, plans 

--. Ill • •IT' and records to 

all sewers and drams constructed by them m said district, be kept. 
and on the completion of any sewer or drain shall ascertain 
and certify the whole expense of the same and cause a 
record thereof to be made and kept. They may then 
assess the estates benefited thereby in the manner pro- 
vided in chapter fifty of the Public Statutes and chapter 
two hundred and forty-five of the acts of the year eighteen 
hundred and ninety-two and acts in amendment thereof. 
Said assessments shall be collected by the treasurer of the 
district in the same manner as taxes upon real estate. 

Section 8. All sewers and drains constructed by said f^eTfobl"''' 
board shall be the property of said district, and shall be assessed, etc. 
under the charge and control of said board, who shall 
have authority to regulate the use of the same and to pre- 
scribe the mode in which the same shall be entered by 
particular sewers from lands which have been assessed for 
the expense of their construction. No person shall be 
allowed to enter or discharge into a public sewer or drain 
any particular sewer connecting any land which has not 
been assessed for the expense of the construction of such 
sewer or drain, except by leave of said board and on pay- 
ment of such compensation as they shall determine. All commissiouers 

^ , , •II" '° nave charge 

such particular sewers entering any public sewer or drain and control of 
shall be under the exclusive charge and control of said ^ ^' 
board, who shall have authority to make and execute 
orders concerning the same as if the same were constructed 
by said board under this act. 

Section 9. This act shall take etfect whenever the to take effect 
same shall have been approved and adopted by a majority "p°°'' opt on. 
of the legal voters of said district present and voting at 
a meeting duly called for that purpose. 

Ajyjrroved April 11, 1893. 



820 Acts, 1893. — Chaps. 182, 183, 184. 



Olinr) 182 ^^ ^^^ ^^ LEGALIZE THE ORGANIZATION AND PROCEEDINGS OF 
THE TRUSTEES OF DAVIS CENTENARY METHODIST EPISCOPAL 
SOCIETY OF ATTLEBOROrGH. 

Be it enacted^ etc., asfolloivs: 
Organization Section 1. The corporate organization of the Trustees 

and BUDsequent •/->< n r i -!• ^^ • ■< m • 

proceedings of Davis Centenary Methodist Episcopal Society of 
Attleborough shall not be void by reason of the omission 
of the secretary to leave an attested copy of the record of 
the proceedings at such organization with the town clerk, 
as required by section forty-six of chapter thirty of the 
General Statutes, now section fort^-seven of chapter 
thirty-eight of the Public Statutes ; and said organization, 
and also the subsequent proceedings of the corporation, so 
far as they appear upon the records of said corporation 
and are not otherwise illegal, are hereby ratified and con- 
firmed. 

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

Approved April 11, 1893. 



Chap.lSS 



An Act relating to the taking of lobsters. 
Be it enacted, etc., asfolloivs: 

Penalty on non- SECTION 1. WhoCVCr, UOt being at the ^ time an in- 

taking lobsters, habitant of this Commonwealth, sets or keeps or causes to 
®'*^" be set or kept in any of the waters of this Commonwealth 

any pot, net or trap for the catching of lobsters, shall for- 
feit twenty dollars for each offence, one half to the use of 
the complainant and one half to the use of the Common- 
wealth. 

Section 2. Chapter four hundred and three of the 
acts of the year eighteen hundred and ninetj'-two is hereby 
repealed. Approved April 11, 1893. 



Chap.184: 



An Act to extend the time for the constrlxtion of the 

fall RIVER ELECTRIC FREIGHT RAILWAY. 

Be it enacted, etc., as folloios: 
Time extended Section 1. The time withiu which the Fall River 
of road.^ ™° '° Electric Freight Eailway Company may begin and com- 
plete the construction of its road, as authorized in chapter 
one hundred and twenty-six of the acts of the year 
eighteen hundred and ninetj^-one, is hereby extended to 
the first day of Jul}^ in the year eighteen hundred and 



Acts, 1893. — Chap. 185. 821 

ninety-five ; and all the rights, powers, privileges and 
franchises possessed by said company shall continue to be 
possessed by it in the same manner and with the same 
eflect as if its railway had been constructed and completed 
within the time prescribed by law. 

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

Aijproved April 11, 1893. 



Chap.185 



As Act making appeopriations for expenses authorized the 

PRESENT YEAR AND FOR CERTAIN OTHER EXPENSES AUTHORIZED 
BY LAAV. 

Be it enacted, etc., as follows : 

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

For printing additional copies of the report of the com- Coramissioners 
missioners of savings banks, as provided for by chapter binkI!°rlport. 
seventy of the acts of the present year, a sum not exceed- 
ing two hundred dollars. 

For the construction of a public sewer in the city of ^'iooTfLTfee^ 
Waltham, to the line of land of the Massachusetts school bieminded, 
for the feeble-minded, in the said city, and for the use of 
said school, a sum not exceeding eighteen thousand dol- 
lars, as provided for in chapter eighty-three of the acts of 
the present year. 

For salary and expenses of the fire marshal of the city Fire marshal. 
of Boston, as provided for in chapter three hundred and 
fifty-four of the acts of the year eighteen hundred and 
eighty-six, the sum of ten thousand five hundred ninety- 
two dollars and sixty-four cents, which amount is payable 
to the treasurer of the city of Boston. 

The appropriation for the support and relief of state state paupers in 
paupers in state lunatic hospitals and asylums of the Com- drp?omin?ac8 
monwealth, authorized by chapter thirty-three of the acts and inebriates. 
of the present year, is hereby made applicable for the 
support and relief of state paupers in the Massachusetts 
hospital for dipsomaniacs and inebriates, at Foxborougli. 

For small items of expenditure for which no appropria- smaii items of 
tions have been made, or for which appropriations have ^^^^'^ ' "'^' 
been exhausted or reverted to the treasuiy in previous 
years, a sum not exceeding one thousand dollars. 



822 



Acts, 1893. — Chap. 185. 



Margaret Mur- 
phy. 



Gypsy moth. 



Lemuel Burr. 



Metropolitan 
park commis- 
sion, report. 



Normal art 
school building. 



James F. Con- 
way. 



Cavanaugh 
brothers. 



Courts of pro- 
bate and insol- 
vency. 



Board of arbi- 
tration and con- 
ciliation, report. 



Index to reports 
of board of 
agriculture. 



Report on revi- 
sion of laws 
relating to laxa 
tioD. 



For Margaret Murphy, the sura of two hundred thirty- 
seven dollars and sixty-three cents, as authorized by chapter 
thirteen of the resolves of the present year. 

For printing the special report of the state board of 
agriculture, on the work of the extermination of the ocneria 
dispar or gypsy moth, a sum not exceeding three hundred 
dollars, as authorized by chapter fifteen of the resolves of 
the present year. 

For Lemuel Burr, the sum of one hundred and fifty 
dollars, as authorized by chapter seventeen of the resolves 
of the present year. 

For printing the report of the metropolitan park com- 
mission, as authorized by chapter eighteen of the resolves 
of the present year, a sum not exceeding fourteen hundred 
dollars. 

For completing certain changes in the normal art school 
building, a sum not exceeding twelve hundred dollars, 
as authorized by chapter nineteen of the resolves of the 
present year. 

For James F. Conway, the sum of one hundred and eight 
dollars, as authorized by chapter twenty of the resolves of 
the present year. 

For Cavanaugh brothers, the sum of seventy- five dollars, 
as authorized by chapter twenty-one of the resolves of the 
present year. 

For making new forms and rules regulating the practice 
and for conducting business in the courts of probate and 
insolvency, a sum not exceeding one thousand dollars, as 
authorized by chapter twenty-three of the resolves of the 
present year. 

For printing additional copies of the first and fourth 
annual report of the state board of arbitration and concilia- 
tion, as authorized by chapter twenty- four of the resolves 
of the present year, a sum not exceeding one hundred 
dollars. 

For printing and distributing a synoptical and analytical 
index to the annual volumes of the agriculture of Massa- 
chusetts, as authorized by chapter twenty-five of the re-- 
solves of the present year, a sum not exceeding fourteen 
hundred dollars. 

For printing one thousand copies of the report of the 
commissioners appointed to inquire into the expediency 
of revising and amending the laws relating to taxation and 
exemption therefrom, made to the general court in the year 



Acts, 1893. — Chaps. 186, 187. 823 

eighteen Imiulrod and seventy-five, as authorized l)y chap- 
ter twenty-seven of the resolves of the present year, a 
sura not exceeding nine hundred and twenty-five dollars. 

For the estate of Asa Smith, the sum of seven hundred EatateofAsa 
and seventy dollars, as authorized by chapter twenty-eight " 
of the resolves of the present year. 

For the widow of Henry J. Jennings, the sum of seven widow of 
hundred and fifty-nine dollars, as authorized by chapter ning?. ' 
twenty-nine of the resolves of the present year. 

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

Approved April 11^ 1893. 



Chap.186 



An Act to authorize cities to indemnify peksons required 

TO ASSIST police OFFICERS IN THE DISCHARGE OF THEIR DUTIES 
FOR INJURIES RECEIVED OR EXPENSES INCURRED WHILE ASSIST- 
ING SUCH OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and a^ejjjed ^^' 
seventy-nine of the acts of the year eighteen hundred and 
eighty-eight is hereby amended by inserting after the word 
*' officer", in the fifth line of said section, the words : — 
or any person required to assist police oflScers in the dis- 
charge of their duties, — so as to read as follows : — Sec- 
tion 1. Any city may, in its discretion, to an amount cities may in- 

dstiiDirv police 

not exceeding the amount which may be recommended by officers and per- 
the board or ofl5cer having the power to appoint police themfete'.*'"^ 
officers in such city, indemnify a police officer or any per- 
son required to assist police officers in the discharge of 
their duties, for any expenses or damages hitherto or here- 
after by him sustained while acting as a police officer, or 
incurred in the defence or settlement of any suit brought 
against him for acts done while so actino;. 

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

Ajiproved April 11, 1893. 



Ckap.187 



An Act in addition to an act making appropriations for 

EXPENSES authorized THE PRESENT YEAR AND FOR CERTAIN 
OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., as folloics : 

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 



824 



Acts, 1893. — Chap. 187. 



Torrens system 
of land transfer, 



Third clerk in 

secretary's 

office. 



Assistant regis- 
ter of probate 
and insolvency, 
Franklin. 



Second clerk of 
secretary of 
board of agri- 
culture. 



Report on exter- 
mination of 
gypsy moth. 



Preservation of 
state records 
and papers. 



Indexes to regis- 
tration returns. 



Index to certifi- 
cates of corpo- 
rations. 



Revolutionary 
rolls. 



specified in certain acts and resolves of the present year, 
and for other expenses authorized by law, to wit : — 

For compensation and expenses of a commission to draft 
an act embodying the principles of the Torrens system of 
land transfer, as authorized by chapter one hundred of 
the acts of the present year, a sum not exceeding five 
thousand dollars. 

For the salary of the third clerk in the office of the 
secretary of the Commonwealth, the sum of three hundred 
dollars, as authorized by chapter one hundred and three 
of the acts of the present year, being in addition to the 
fifteen hundred dollars appropriated by chapter eight of 
the acts of the present year. 

For the salary of an assistant register of probate and 
insolvency for the county of Franklin, a sum not exceed- 
ing three hundred and fifty dollars, as authorized by 
chapter one hundred and fifty-one of the acts of the 
present year. 

For the salary of the second clerk of the secretary of 
the state board of agriculture, the sum of two hundred 
dollars, as authorized by chapter one hundred and thirty 
of the acts of the present year, being in addition to the 
one thousand dollars appropriated by chapter eight of the 
acts of the present year. 

For printing the special report of the state board of 
agriculture on the work of the extermination of the ocneria 
dispar or gypsy moth, the sum of fifty-eight dollars and 
seventy-three cents, as authorized by chapter fifteen of the 
resolves of the present year, being in addition to the 
amount heretofore appropriated. 

For the arrangement and preservation of state records 
and papers under the direction of the secretary of the 
Commonwealth, a sum not exceeding twenty-five hundred 
dollars, as authorized by chapter thirty of the resolves of 
the present year. 

For providing indexes to the registration returns, a sum 
not exceeding ten thousand dollars, as authorized by 
chapter thirty-one of the resolves of the present year. 

For providing an index to the certificates of corpora- 
tions filed in the office of the secretary of the Common- 
wealth, a sum not exceeding twelve hundred dollars, as 
authorized by chapter thirty-tw'o of the resolves of the 
present year. 

For the purchase of certain revolutionary rolls, a sum 



Acts, 1893. — Chap. 187. 825 

not exceeding two hundred dollars, as authorized by 
chapter thirty-three of the resolves of the present year. 

For a new hospital and for reimbursement for expendi- MaBsachusetts 

-I 1 • 1 n /r 1 school for 

tures tor furniture and machinery at the Massachusetts feeble-minded. 
school for the feeble-minded, a sum not exceeding twenty 
thousand live hundred dollars, as authorized by chapter 
thirty-four of the resolves of the present year. 

For certain inhabitants of the town of Gosnold, the inhabitants of 
sum of thirty-tive hundred dollars, as authorized by '°''"°''^- 
chapter thirty-six of the resolves of the present year. 

For the construction of sewers at the Massachusetts Massachusetts 
school for the feeble-minded, a sum not exceeding one feebre'-iSnded. 
thousand dollars, as authorized by chapter thirty-seven of 
the resolves of the present year. 

For the jNIassachusetts charitable eye and ear infirmary, Massachusetts 
a sum not exceeding twenty thousand dollars, as authorized and"ai- in-*^^^ 
by chapter thirty-eight of the resolves of the present year, ^•■"'"'y- 

For the purpose of exhibiting the arts, industries, w^orid'sCoium. 

.•,,• 1 2. '^ 1 iTi 1. bian exposition. 

institutions, resources, products and general development 
of the Commonwealth, at the world's Columbian expo- 
sition at Chicago, a sum not exceeding twenty-five thou- 
sand dollars, as authorized by chapter thirty-nine of the 
resolves of the present year. 

For providing against depredations by the insect known Gypsy moth, 
as the ocneria dispar or gypsy moth, a sum not exceeding 
one hundred thousand dollars, as authorized by chapter 
forty of the resolves of the present year. 

For Mary E. Daniels, the sum of forty-eight dollars, MaryE. 
as authorized by chapter forty-one of the resolves of the '^"'^ ^' 
present year. 

For Henry C. Greeley, the sum of forty-nine dollars Henry c. 
and two cents, as authorized by chapter forty -two of the ''°®^^" 
resolves of the present year. 

For providing concrete walks at the state industrial BcJ^ooiTorgYrfs 
school for girls, a sum not exceeding five hundred dollars, 
as authorized by chapter forty-three of the resolves of the 
present year. 

For Thomas P. Higgins, the sum of seventy-five dol- gl'"™^^^' 
lars, as authorized by chapter forty-four of the resolves 
of the present year. 

For printing the report of the commission to improve Report of high- 
the highways of this Commonwealth, as authorized by ^on.*^"™™'^' 
chapter forty-five of the resolves of the present year, a 
sum not exceedinof twelve hundred dollars. 



826 Acts, 1893. — Chap. 188. 



fernTs'!""^'' For providing for the collection and circulation of 

information relating to abandoned farms, a sum not 
exceeding one thousand dollars, as authorized by chapter 
forty-six of the resolves of the present year. 

stateaimshouse. Pqj. providing for Certain repairs and improvements at 
the state almshouse at Tewksbury, a sum not exceeding 
thirty-nine thousand two hundred dollars, as authorized 
by chapter forty-seven of the resolves of the present year. 

state farm. YoY providing for Certain repairs and improvements at 

the state farm at Bridgewater, a sum not exceeding fifty 
thousand dollars, as authorized by chapter forty-eight of 
the resolves of the present year. 

JfSe«°''°''' For indexing the names of soldiers of the war of the 
rebellion in the office of the adjutant general, a sum not 
exceeding four hundred and seventy-five dollars, as au- 
thorized by chapter forty-nine of the resolves of the 
present year, being in addition to the amount heretofore 
appropriated. 

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

Approved April 12 1 1893. 

CAft».188 ^^ ^^^ ^*-* AUTHORIZE THE CITY OF SOMEKAILLE TO LAY OUT 

AND MAINTAIN A PUBLIC PARK. 

Be it e7iactecl, etc., as follows: 

f^r^a^^ubilr^ Section 1. The city of Somerville by its city council 
park. niay, at any time within three years after the passage of 

this act, take, maintain and hold, in fee or otherwise, and 
by gift, upon such conditions as the city council may 
deem advisable, or by purchase or otherwise, for the pur- 
pose of a public park, Wyatt's pit, so-called, located in 
ward two of said city and near to and southerly of Wash- 
ington street, and near to and southwesterly of the Fitch- 
burg railroad, and so much as said city council shall from 
time to time deem advisable, of the lands comprised 
within said Wyatt's pit, or adjacent thereto or in the 
vicinity thereof, and comprised within the tract containing 
one hundred fifty-four thousand four hundred square feet, 
more or less, now or formerly owned by the North Pack- 
ing and Provision Company and Charles Linehan, and 
within the tract containing two hundred thirtj^-six thousand 
three hundred and ninet}' square feet, more or less, and 
formerly owned by Daniel A. Sanborn and known as the 
Sanborn field. 



Acts, 1893. — Chap. 189. 827 

Section 2. The said city sluill, within sixty days after To cause to be 
the taking of any lands as aforesaid, otherwise than hy rogutry J" 
purchase or gift, tile and cause to be recorded in the regis- BcHpUonofiand 
try 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. 

Section 3. The said city shall pay all damages sus- Damages. 
tained by any person or corporation in property by the 
taking of any lands or by any other thing done by said 
city under the authority of this act. Any person or cor- 
poration sustaining damages as aforesaid under this act, 
who fails to agree with said city as to the amount of dam- 
«,ges sustained, may have the damages assessed and deter- 
mined in the manner provided by law when land is taken 
for the la3'ing out of highways, on application at anytime 
within the period of two years from the taking of such 
land or other property, or the doing of such other injury 
under the authority of this act. 

Section 4. No money shall be appropriated at any Money not to 
time for the taking, purchasing, laying out or maintaining except upon 
of said park, except upon a two thirds vote of each branch oTcity'coundi! 
of the city council, taken by yea and nay. 

Section 5. This act, except as provided in the follow- To take effect 

111 1,1 /*i 1 ,11 • 1 upon accept- 

mg section, shall not take eiiect unless accepted by said ance. 
city of Somerville upon a majority vote of each branch of 
the cit}^ council, taken by yea and nay. 

Section 6. So much of this act as authorizes the sub- Submission of 
mission of the question of its acceptance to the city council acceptance. 
of Somerville shall take efiect upon its passage. 

Apiwoved April 12, 1893. 

An Act relating to the presekvation of birds and game. (JJianAS^ 
Be it enacted, etc., as follows : 

Section one of chapter one hundred and fort^^-two of amendtd. 
the acts of the year eighteen hundred and ninety-one is 
hereby amended l)y inserting after the word " Septem- 
ber", in the eighth line of said section, the following 
words : — and whoever buys, sells or has in his possession 
any of the birds named in this act and protected thereliy, 
during the time within which the taking or killing thereof 
is prohibited, whenever or wherever the aforesaid birds 



828 Acts, 1893. — Chaps. 190, 191. 

may have been taken or killed, — and by adding at the end 
of said section the words: — or had in possession, — so 
Taking, kill- as to read as follows: — Section 1. Whoever takes or 
in^certain\Trd8, kills a pinnated grouse at any time, or a woodcock, or a 
Penalty. ruffed grouse, commonly called a partridge, between the 

first day of January and the fifteenth day of September, 
or a quail between the first day of January and the fifteenth 
day of October, or a wood or summer duck, black duck 
or teal, or any of the so-called duck species, between the 
fifteenth day of April and the first day of September, and 
whoever buys, sells or has in his possession any of the 
birds named in this act and protected therein', during the 
time within which the taking or killing thereof is pro- 
hibited, whenever or wherever the aforesaid birds may 
have been taken or killed, shall be punished by a fine of 
twenty dollars for every bird so taken or killed, or had in 
possession. Approved April 12, 1893. 



Chap 



.190 -^^ ^^'^ '^^ ESTABLISH THE SALARY OF THE FIRST ASSISTANT 
CLERK OF THE SUPERIOR COURT FOR CIVIL BUSINESS IN THE 
COUNTY OF SUFFOLK. 



Be it enacted, etc., as follows: 

HsifedV^*'' Section 1. The salary of the first assistant clerk of 

the superior court for civil business in the county of Suf- 
folk shall be three thousand dollars a year, to be so allowed 
from the first day of January in the year eighteen hundred 
and ninety-three. 

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

Approved April 12, 1893. 

C7ittX).191 ^^ "^^"^ RELATING TO REPRINTING THE LIST OF CHANGES OF NAMES. 

Be it enacted, etc., as folloios: 

otVme^tofe SECTION 1. The Secretary of the Commonwealth shall 
printed. causc to be elcctrotypcd and printed the list of persons 

whose names have been changed, as printed under chap- 
ter two hundred and forty-nine of the acts of the year 
eighteen hundred and eighty-four, with additions bringing 
such list and index to the close of the year eighteen hun- 
dred and ninety-two. 
Distribution and SECTION 2. One thousaud copies thereof shall be 
printed and distributed in the manner prescribed in said 
act ; and said secretary shall thereafter cause to ])e printed 



Acts, 1893. — Chaps. 192, 193, 194. 829 

from time to time, as required, editions of five hundred 
copies each, to be sold at cost, the proceeds to be paid 
into the treasury of the Commonwealth. 

Approved April 12, 1893. 



An Act relating to loans of the city of boston. (7^CZ».192 

Be it enacted, etc., as follows: 

Sectiox 1. The city auditor and city treasurer of the certain funds 
city of Boston may, when so directed by the mayor of ^,"p^ropriauonB°'^ 
said city, use for any appropriation to be met by a loan, [aw_\™^'''^ 
any funds in the city treasury raised by loan, whether 
under authority of any general or any special act ; the 
amount so used to be replaced before the close of the 
financial year of said city, from funds raised as provided 
by law for meeting the appropriations for which such 
amount was used. 

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

Approved April 12, 1893. 

An Act to establish the salaky of the first clerk in the fijjf^^ lOQ 

OFFICE OF the ADJUTANT GENERAL. ^' 

Be it enacted, etc. , as follows : 

Section 1. The salary of the first clerk in the ofiBce saiaryestab- 
of the adjutant general shall be two thousand two hundred 
dollars a year, to be so allowed from the first day of 
January in the year eighteen hundred and ninety-three. 

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

Approved April 12, 1893. 



Chap.194: 



An Act relative to decrees of divorce. 
Be it enacted, etc. , as follows : 

Section 1. Section nineteen of chapter one hundred f882'223'|/^' 
and forty-six of the Public Statutes as amended by section fimended. 
one of chapter two hundred and twenty-three of the acts 
of the year eighteen hundred and eighty-two is hereby 
amended by striking out in the fourth, fifth, sixth and 
seventh lines of said section, the words " without further 
notice thereof by publication or otherwise, on application 
of either party to the court, or any justice thereof, in term 
time or vacation ; and on such application the court or 
justice shall make ", and inserting in place thereof the 



830 



Acts, 1893. — Chaps. 195, 196. 



words : — and thereupon the clerk shall enter, — so as to 
Decrees of read as follows: — Section 19. All decrees of divorce 
madrnisi, to shall in the first instance be decrees nisi, to become abso- 
8fte°rdxmonths! ^"^tc after the expiration of six months from the entry 
«*°- thereof, and thereupon the clerk shall enter a final decree, 

unless the court has for sufficient cause, on application of 

any party interested, otherwise ordered. 
MaytAsQs!''* Section 2. This act shall take effect on the first day 

of May in the year eighteen hundred and ninety-three. 

Approved April 12, 1893. 



Ch(ip.l.Q5 ^^ -^CT TO INCORPORATE THE SHARON IMPROVEMENT AND LITER- 
ARY ASSOCIATION. 



Sharon Im- 
provement and 
Literary Asso- 
ciation incor- 
porated. 



May hold prop- 
erty, exempt 
from taxation, 
not exceeding 
$10,000. 



Be it enacted, etc., as follows: 

Section 1. George B. Fowler, William R. Mann, 
George Kempton, Edmund H. Talbot, Emma M. Bow- 
man, Dora M. Leonard, Edna R. Harper, Fannie E. 
Gates, their associates and successors, are hereby made a 
corporation by the name of the Sharon Improvement and 
Literary Association, for the purpose of beautifying and 
ornamenting the public streets, highways and squares for 
the use of the public, in and advancing the educational 
interests of the inhabitants of, the town of Sharon ; and 
said corporation shall have all the powers and be subject 
to all the duties, restrictions and liabilities set forth in all 
general laws which now are or hereafter may be in force 
applicable to such corporations. 

Section 2. Said corporation shall have authority to 
receive, take, hold and invest any gifts, grants, donations 
or bequests, for the uses and purposes of its organization, 
and for these uses and purposes may hold real and personal 
estate to be exempt from taxation to an amount not exceed- 
ing ten thousand dollars. 

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

Approved April 13, 1893. 



(7/i«/?.196 ^^ -^^^ ^*-' I>^<^OEPt)RATE THE CITY SAVINGS BANK OF PITTSFIELD. 

Be it enacted, etc., as follows: 

Section 1. Andrew J. Waterman, Oliver W. Robbins, 
Richard A. Burget, Francis W. Rockwell, Charles E. Hib- 
bard, Benjamin M. England, William M. Mercer, Hiram 
B. Wellington, John S. Wolfe, Jacob Gimleck, Arthur 
A. Mills, W. Fellows Gale, Arthur W. Plumb, Edgar P. 



City Savings 
Bank of Pitts- 
field incorpo- 
rated. 



Acts, 1893. — Chap. 197. 831 

Wood, Arthur W. Eaton, Henry R, Pierson, their asso- 
ciates and successors, are hereby made a corporation by 
the name of the City Savings Bank of Pittstield, with au- 
thority to establish and maintain a savings bank in the city 
of Pittstield ; with all the powers and privileges and sub- 
ject 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 13, 1893. 

An Act EXTENcrsG to towns the provisions of law requih- nhnr) 1Q7 

ING CITIES TO PLACE THEIR PAUPER CHILDREN IN FAMILIES OR ^ 

ASYLUMS. 

Be it enacted, etc., as folloivs : 

Section 1. Section three of chapter eiohtv-four of p- 8-84, §3, 

t c> J ^ amended. 

the Public Statutes is hereby amended by inserting in the 
first line, after the word " city ", the words : — and town, 

— and by inserting in the fourth line, after the word 
"city", the words: — or town, — so as to read as fol- 
lows: — Sections. In every city and town, said over- overseers of the 
seers shall place every pauper child in their charge, and •cer'ta/n paup^er 
over four years of age, in some respectable family in the fenliUMor 
state, or in some asylum therein, to be supported there by asylums, etc. 
the city or town, according to the laws relating to the 

support of the poor, until they can be otherwise cared for. 
And the overseers shall visit such children, personally or 
by agent, at least once in three months, and make all 
needful inquiries as to their treatment or welfare. 

Section 2. Section one of chapter four hundred and ^^g;^g^'_^^' 
one of the acts of the year eighteen hundred and eighty- 
seven is hereby amended by inserting in the second line, 
after the word " Boston ", the words : — or of any town, 

— also by inserting in the tenth line, after the word 
"city ", the w^ords : — or town, — so as to read as follows : 

— Section 1. Whenever the overseers of the poor of any Board of lunacy 
city except the city of Boston, or of any town, fail to eserc!le"author^ 
place out according to the provisions of section three of onhepo^rfetc. 
chapter eighty-four of the Public Statutes any pauper 

child in their charge for two months from the date of their 
receiving of such child, then the authority vested in said 
overseers under said section three may be exercised by 



832 Acts, 1893. — Chap. 198. 

the state board of lunacy and charity, to the exclusion of 
said overseers, and under the authority of the state board 
of lunacy and charity such child shall be supported by the 
city or town in the same manner as if placed out by its 
overseers of the poor, and shall be subject to the visitation 
of the said state board of lunacy and charity, its officers 
or agents, until the said state board of lunacy and charity 
shall be furnished with evidence satisfactory to said board 
that the overseers will properly care for such child in 
accordance with the provisions of said section three. 
Section 3. This act shall take effect upon its passage. 

Ajjproved April 13, 1893. 

(7^ft7?.198 ^"^ -^^^ ^*^ AUTHORIZE THE TO^TS OF WINTHROP TO ESTABLISH A 

GRADE FOR CELLARS. 

Be it enacted, etc., as folloios: 
May establish a SECTION 1. The Selectmen of the town ofWinthrop, 

grade for eel- i • i i ^ n • i 

lars, etc. whcn authorizcd so to do by a vote oi said town at a meet- 

ing legally held, shall establish in said town a cellar grade 
of not less than thirteen feet above mean low water ; and 
no person after such grade is established shall construct 
in said town any cellar or basement cellar of any building 
below such grade, or use or occupy any cellar or basement 

Proviso. -cellar so constructed: provided, that the selectmen may, 

by license subject to revocation at any 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. 

Owners and SECTION 2. If anv pcrson coustructs or uses any cellar 

occupants to ,-. . "^ \ .. . c -k • • i i 

comply; powers or bascmeut Cellar m violation of this act, said selectmen 
town officers, shall Order the owner or occupant of such cellar or base- 
*'°' ment cellar to so alter and construct the same as to conform 

to the requirements of this act ; and if such owner or occu- 
pant shall fail 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 laud, 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 enforcement of such lien. 



Acts, 1893. — Chap. 199. 833 

Section' 3. All orders under the preceding section written orders 
shall l)e made in writing, and served upon s?iid owners or etc.'"^'*'^^^ * 
occupants or their authorized agents as prescribed by sec- 
tion twenty-two of chapter eighty of the Public Statutes 
for the service of orders of boards of health ; and the 
sujierior court or any justice thereof, in term time or Provisions may 
vacation, may, by injunction or other suitable process in hfjuncuo^nfetc^ 
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 may 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 Ajyril 13, 1898. 



ChapAm 



Ax Act relative to the erection and construction of cer- 
tain BUILDINGS. 

Be it enacted, etc., as folloios: 

Section 1. Section one of chapter three hundred and isss, sie, §i, 
sixteen of the acts of the year eighteen hundred and eighty- ' 
eight is hereby amended by inserting after the word ' ' city ", 
in the twentieth line of said section, the following words ; 
— by the person causing the erection or construction of 
such building, or by the architect who has drawn such 
plans, which plans shall include therein the system or 
method of ventilation provided for such building, — so as 
to read as follows: — Section 1. No building designed ^''^''tion and 

1 1 • 1 1 • 1 !• 1 -IT construction of 

to be used, m whole or in part, as a public building, pub- certain buiw- 
lic or private institution, schoolhouse, church, theatre, '°^*' 
public hall, place of assemblage or place of public resort, 
and no building more than two stories in height designed 
to be used above the second story, in whole or in part, as 
a factory, workshop or mercantile or other establishment, 
and having accommodations for ten or more employees 
above said story, and no building more than two stories 
in height designed to be used above the second story, in 
whole or in part, as a hotel, family hotel, apartment 
house, boarding house, lodging house or tenement house, 
and having ten or more rooms above said story, shall here- 
after be erected, unless in process of erection at the date 
of the passage of this act, until a copy of the plans of such copy of plans 
building has been deposited with the inspector of factories ^it^h th?fn-'^^ 
and public buildings for the district in which such build- S'i'ng°e!etc. 
ing is to be located, if outside of the city of Boston, or 



834 



Acts, 1893. — Chap. 199. 



Powers and 
duties of in- 
spectors, etc. 



with the inspector of buildings of the city of Boston, if 
within said city, by the person causing the erection or 
construction of such building, or by the architect who has 
drawn such plans, which plans shall include therein the 
system or method of ventilation provided for such build- 
ing, together with a copy of such portion of the specifica- 
tions of such building as such inspector may require, nor 
shall any such building be so erected without the provision 
of sufficient ways of egress and other means of escape from 
fire, pro})erly located and constructed ; the certificate of 
the inspector al)Ove-named endorsed, if the building is to 
be located outside of the city of Boston, with the approval 
of the chief of the district police force, shall be conclusive 
evidence of a compliance with the provisions of this act, 
provided that after the gi*anting of such certificate no 
change is made in the plans or specifications of such ways 
of egress and means of escape unless a new certificate 
is obtained therefor. Such inspector may require that 
proper fire stops shall be provided in the floors, walls and 
partitions of such buildings, and may make such further 
requirements as may be necessary or proper to prevent 
the spread of fire therein or its communication from any 
steam boiler or heating apparatus ; and no pipe for con- 
veying hot air or steam in such l)uilding shall be }ilaced 
nearer than one inch to any woodwork unless protected 
to the satisfaction of such inspector b}^ suitable guards or 
casings of incombustible material, and no wooden flue or 
air duct for heating or ventilating purposes shall l)e placed 
in any such liuilding. 

Section 2. Section two of said chapter is hereby 
amended by inserting after the word "building", in the 
second line of said section, the following words : — or any 
architect or other person who shall draw plans or specifi- 
cations, or superintend the erection or construction of a 
building, — so as to read as follows : — Section 2. Any 
building may be persou erectino; or constructino; a building, or an^^ archi- 

bhIoidgu etc. * 

" ' ' tect or other person who shall draw plans or specifications, 
or sui)erintend the erection or construction of a l)uilding, 
in violation of the provisions of this act shall be punished 
by fine of not less than fifty nor more than one thousand 
dollars, and such erection or construction may l)e enjoined 
in a proceeding to be had before the superior or supreme 
judicial court at the instance of the inspector above-named, 
and upon the filing of a petition for such injunction any 



1888, 316, §2, 
amended. 



Erection or 
construction of 



Penalty. 



Acts, 1893. — Chap. 200. 835 

justice of the court in which such proceeding is pending 
may issue a temporary injunction or restraining order, as 
provided in proceedings in equity. 

Approved April 15, 1893. 

Ak Act relating to superintendents of public schools for nhn^ OQO 

SMALL TOWNS. "' 

Be it enacted, etc. , as follows : 

Skctiox 1. Section one of chapter four hundred and a^endeli*.^'' 
thirty-one of the acts of the year eighteen hundred and 
eighty-eight is hereby amended by striking out in the 
fourth line, tlie word " thirty ", and inserting in phice 
thereof the word : — twenty-tive, — so as to read as fol- 
lows : — Section 1. Any two or more towns the valua- certain towns 
tion of each of which does not exceed two million tive t"he^erapi*oyment 
hundred thousand dollars, and the aggregate number of <>f asuperiQ- 

, , ' && _ ri terident of 

schools in all of which is not more than fifty nor less than schools. 
twenty-tive, may, by vote of the several towns, unite for 
the purpose of the employment of a superintendent of 
schools under the provisions of this act. 

Section 2. Section two of said act is hereby amended a^gnded ^'' 
1)V adding thereto the following words : — When such a 
union has been effected it shall not l)e dissolved because 
any one of the towns shall have increased its valuation so 
that it exceeds two million five hundred thousand dollars, 
nor because the number of schools shall have increased 
l)eyond the number of fifty or decreased below the number 
of twenty-five, nor, for any reason, for the period of three 
years from the date of the formation of such union, except 
by vote of a majority of the towns constituting the union, 
— so as to read as follows: — Section 2. When such a school commit 
union has been eftected, the school committees of the un?ti?/?\Tfo?m 
towns comprising the union shall form a joint committee, ^{ttee*e"™' 
and for the purposes of this act said joint committee shall 
be held to be the agents of each town comprising the 
luiion. Said committee shall meet annually in joint con- 
vention in the month of April at a day and place agreed 
upon l)y the chairman of the committees of the several 
towns comprising the union, and shall organize by the 
choice of a chairman and secretary. They shall choose, 
I)y ballot, a superintendent of schools ; determine the 
relative amount of service to be performed by him in each 
town ; fix his salary, and apportion the amount thereof to 
1)0 paid by the several towns, and certify such amount to 



836 



Acts, 1893. — Chap. 200. 



Union not to be 
dissolved for 
three years, 
except by vote 
of a majority of 
towns uniting. 



1888, 431, §3, 
amended. 



When required 
certificate is 
made, $1,250 to 
be paid from 
Btate treasury 
for salaries, eto 



the treasurer of each town. When such a union has been 
eflected it shall not be dissohed because any one of the 
towns shall have increased its valuation so that it exceeds 
two million live hundred thousand dolhirs, nor because 
the number of schools shall have increased lieyond the 
number of fifty or decreased l)elow the numlier of twenty- 
five, nor, for any reason, for the period of three years 
from the date of the formation of such union, except by 
vote of a majority of the towns constituting the union. 

Section 3. Section three of said act is hereby amended 
l)y inserting in the fifth line, after the word "paid", the 
words : — or to the sum paid per child, — also by insert- 
ing in the thirteenth line, before the word "dollars", 
the words : — two hundred and fifty, — also by striking 
out in the same line, the words, " one half", and inserting in 
place thereof the words : — seven hundred and fifty dollars, 
— also by striking out in the fourteenth line, the words 
" one half", and inserting in place thereof the words : — 
five hundred dollars, — also by striking out in the six- 
teenth line, the words "average public school attendance 
of", and inserting in place thereof the words: — amount 
appropriated and expended for a superintendent in, — so 
as to read as follows : — Section 3. Whenever the chair- 
man and secretary of such joint committee shall certify 
to the state auditor, under oath, that a union has been 
ettected as herein provided, that the towns, in addition to 
an amount equal to the average of the total sum paid, or 
to the sum paid per child, by the several towns for schools 
during the three years next preceding, unitedly have 
raised by taxation and ap|)roi)riated a sum not less than 
seven hundred and fifty dollars for the support of a 
superintendent of schools, and that under the provisions 
of this act a superintendent of schools has been em- 
ployed for one year, a warrant shall be drawn upon the 
treasurer of the Commonwealth for the payment of one 
thousand two hundred and fifty dollars, seven hundred 
and fifty dollars of which amount shall be paid for the 
salary of such superintendent, and the remaining five 
hundred dollars shall be apportioned and distril)uted on 
the basis of the amount appropriated and ex})ended for a 
superintendent in the towns forming such district for the 
year next preceding, which amount shall be paid for the 
salaries of teachers employed in the })uljlic schools within 
such district. 



Acts, 1893. — Chaps. 201, 202. 837 

Section 4. Section one of cha])tor two liundrcd and amended ^'' 
seventy-two of the acts of the year eiiihtecn Inmdred and 
ninety-one is hereby amended by striking out the word 
"thirty-five", in the first line, and inserting in place 
thereof the word : — forty-five, — so as to read as fol- 
lows : — Section 1. A sum not exceeding forty-five Aid to nmaii 
thousand dollars shall be annually apjn-o})riated to carry v^deTheYsehee 
out the ])rovisions of chapter four hundred and thirtv-one ^'th school 
of the acts of the year eighteen hundred and eighty-eight, ems. 
entitled '* an act to aid small towns to provide themselves 
with school superintendents." 

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

Approved April 15, 1893. 



Chap.201 



An Act to remove the kestrictions upon shad and alewife 
fisinng in the merrimac river below chain bridge. 

Be it enacted, etc., as folloivs : 

Section 1. All provisions of law relative to the taking Removal of 
of shad or alewives in the Merrimac river, so far as they upon ehad ^d 
relate to the taking of said fish below the brido;e known as ?iewife fishiug 

C5 . O in Merrimac 

Chain bridge, between the city of Newburyport and the river beiow 

town of Amesbury, or the selling of fish taken in that part 

of said river below said bridge, are hereby repealed : pro- proviso. 

vided, however, that whoever uses in that part of said 

river below Chain bridge a gill net of any description, or 

a sweep seine having a mesh which stretches less than two 

and a quarter inches, shall forfeit twenty-five dollars for 

each otience, and in addition shall forfeit the fish taken 

and the apparatus used. 

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

Approved April 15, 1893. 

An Act to supply the town of north andover with water, fij,^^ 9^9 
Be it enacted, etc. , as follows : 

Section 1. The town of North Andover may supply Town of North 
itself and its inhal)itants with water for the extinguish- ^pp*iy" ™i^^ 
ment of fires and for domestic and other purposes ; and "''^ ^""'''' 
may establish fountains and hydrants, relocate or discon- 
tinue 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, May take water 
is hereby granted the right to draw and take water from pond. 
the Great })ond, otherwise called Lake Cochichewick, and 



838 



Acts, 1893. — Chap. 202. 



May take lands, 
etc. 



May erect build' 
Ings, lay down 
pipes, etc. 



To cause to be 
recoi'ded in reg- 
istry of deeds a 
description of 
lands, etc., 
taken. 



Damagei!. 



wholly situated in said town, to such an amount as may be 
necessary. 

Section 3. The said town, for the purposes aforesaid, 
may take by purchase or otherwise, and hold all lands, 
rights of way, water rights, water sources and ease- 
ments necessary for holding and preserving the waters 
of said pond 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 struct- 
ures, and may make excavations, procure and operate 
machinery, and provide such other means and appliances 
as maj' l)e necessar}^ for the establishment and mainte- 
nance of complete and effective water works ; and may 
construct and lay down conduits, pipes and other works, 
under or over any lands, water courses, railroads or public 
or private ways, and along any such way in such manner 
as not unnecessarily to obstruct the same ; and for the 
purpose of constructing, maintaining and repairing such 
conduits, pipes and other works, and for all proper pur- 
poses of this act, said town may dig up any such lands, 
and 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 4. 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 the same 
are situated, a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken, signed by the board of water com- 
missioners hereinafter provided for. 

Section 5. Said town shall pay all damages sustained 
by any person or corporation in property b}^ the taking 
of any lands, rights of way, water, water rights, water 
sources or easements as aforesaid, or in consequence of 
any other act done by said town under the authority of 
this act. Any person or corporation sust*dining damages 
as aforesaid, who fails to agree with said town as to the 
amount of damages sustained, may have the damages 
assessed and determined in the manner provided by law 
when land is taken for the laying out of highways, on 
application at any time within the period of three years 
from the time the water is actually withdrawn, or of the 



Acts, 1893. — Chap. 202. 839 

taking of such })ropovty or doing such damage, but no 
application shall be made after the expiration of said three 
years. 

Section 6. Said town may, for the purpose of paying North Andover 
the necessary expenses and liabilities incurred under the nore^xceemug 
provisions of this act, issue from time to time bonds, *^'*'<"'''- 
notes or scrip to an amount not exceeding in the aggre- 
gate eighty thousand dollars ; such bonds, notes and scrip 
shall bear on their face the words. North Andover Water 
Loan, shall be payable at the expiration of periods not 
exceeding twenty-live years from the date of issue, or 
earlier, at the option of said town ; shall bear interest, 
payable semi-annually, at a rate not exceeding five per 
cent, per annum, and shall be signed by the treasurer of 
said town and be countersigned by the said board of water 
commissioners. Said town may sell said 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. Said town shall sinkiagfund. 
provide at the time of contracting said loan for the estab- 
lishment of a sinking fund, and shall annually contribute 
to such fund a sum sufficient with the accumulations 
thereof to pay the principal of said loan at maturity. 
Said sinking fund shall remain inviolate and pledged to 
the j)ayment of said loan and shall be used for no other 
l)urpose, and proper returns thereof shall be made to the 
tax commissioner as provided by law. 

Sectiox 7. Said town shall raise annually by taxation a Payment of 
sum which, with the income derived from the water rates, eet^on k)an,°etcl 
will be sufficient to pay the current annual expenses of 
operating its water works and the interest as it accrues on 
the bonds, notes and scrip issued as aforesaid, and to 
make such contributions to said sinking fund and the pay- 
ments on the said principal as may be required by this 
act. 

Sectiox 8. Said town shall, after its acceptance of water commie. 

,. -, . iiipi 11 Bioners, elec- 

this act, at a legal meeting called tor the purpose elect by tion, terms of 
ballot three persons to hold office, one until the expiration duties,^e°r"*' 
of one year, one until the expiration of two years and one 
until the expiration of three years from the next succeed- 
ing annual meeting of said town, to constitute a board of 
water commissioners ; and at each annual town meeting 
thereafter one such commissioner shall be elected by ballot 
for a term of three years. All the authority granted to 



8i0 Acts, 1893. — Chap. 203. 

the said town l)y this act, and not otherwise specially pro- 
vided for, shall be vested in said l)oard of water commis- 
sioners, who shall be subject however to such instructions, 
rules and regulations as said town may impose by its vote. 
Said commissioners shall be trustees of the sinking fund 
herein provided for, and a majority of said commissioners 
shall constitute a quorum for the transaction of business 
relative both to said water works and to the said sinking 
fund. Any vacancy occurring in said l)oard 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. 
To take effect SECTION 9. This act sliall take effect upon its accept- 

upon accept- . i , i 

ance, etc. aucc by a two thirds vote of the legal voters of said town 

present 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 of said years. At such meetings the vote shall be 
taken by written or printed ballots, and the polls shall be 
kept open at least four hours. At such meetings the 
selectmen shall preside, and in receiving said ballots the 
check list shall be used in the same manner as it is used at 
elections of national, state and county officers. 

Approved April 15, 1893. 



ClldT) 203 ^^ ^^^ ^^ AUTHORIZE THE TOWN OF HOPKINTON TO ISSUE N( 
BONDS OR SCRIP FOR THE PURPOSE OF PURCHASING LAND 



fOTES, 
AND 
ERECTING AND FURNISHING A HIGH SCHOOLHOUSE. 



Be it enacted, etc. , as follows : 

HopkintonHigh SECTION 1. The towu of Hopkiutou, for tlic purpose 

not exceeding of purcliasiiig land and erecting and furnishing a high 

^' * schoolhouse, is hereby authorized to issue notes, bonds or 

scrip, to be denominated on the face thereof, Hopkinton 

High School Loan, to an amount not exceeding twenty 

thousand dollars, and payable in not exceeding fifteen 

years from date, which sum with the interest thereon 

shall be provided for by taxation and paid at maturit3^ 

p. s. 29 to apply. SECTION 2. Tlic pi'ovisions of chapter twenty-nine of 

the Public Statutes shall apply to said loan, except so far 

as they are inconsistent herewith. 

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

Ajjproved April 15, 1893. 



Acts, 1893. — Chaps. 204, 205, 206. 841 



An Act to extend the powers of the new England (7^rtr).204 

DEACONESS HOME AND THAININO SCHOOL. 

Be it enacted, etc., as follows: 

Sectiox 1. The New England Deacones8 Home and ex°tlndld. 
Training School may, in addition to its other powers, 
j)rovide a home for those needing refuge, care or shelter, 
and may make contracts therefor with such as are able to 
pay for the same, and devise and carry out plans for the 
protection, relief, education and training of neglected, 
poor, sick or unfortunate persons. 

Section "2. This act shall take eftect upon its passage. 

Ai^proved April 15, 1893. 



' Chap.205 



An Act for the better protection of the fisheries of 

buzzard's BAY, 

Be it enacted, etc., as follows: 

Sectiox 1. No traps, weirs, pounds, yards or station- Protection of 
ary apparatus of any kind for the taking of fish, shall be Buzzard's'bay. 
set, used or maintained in the waters of Buzzard's bay, or 
any harbor, cove or bight thereof, and the mayor and 
aldermen of cities and the selectmen of towns bordering 
on said bay shall have no power or authority to grant 
licenses to construct fish weirs, or to set, use or maintain 
any other stationary apparatus for the taking of fish in the 
waters of said bay, or any harbor, cove or bight thereof; 
but nothing herein contained shall be construed to forbid 
or make unlawful the maintaining of traps, pounds or 
weirs under licenses heretofore granted in accordance 
with section seventy of chapter ninety-one of the Public 
Statutes, until the expiration of the terms for which said 
licenses were o-ranted. 

Sectiox 2. Any person who shall set, use or maintain penalty, 
any trap, weir, pound, 3'ard or other stationary apparatus, 
in violation of this act, shall be punished by a fine of not 
less than one hundred nor more than five hundred dollars, 
or by imprisonment not exceeding six months. 

Apjyroved April 15, 1893. 

An Act to provide for an additional water supply for the r^Lf.^-. 90R 

town of west SPRINGFIELD. ^ "~ 

Be it enacted, etc., as follows: 

Section 1. The town of West Springfield, for the Additional 
purpose of supplying the said town and the inhabitants ^^^^"^ *"PP'y- 



842 



Acts, 1893. — Chap. 206. 



May tahe cer- 
tain waters, 
lands, etc. 



May erect build 
ings, lay down 
pipes, etc. 



To oause to be 
recorded in reg- 
istry of deeds a 
description of 
lands, etc., 
taken. 



Damages. 



thereof with pure water in addition to the supply provided 
for in chapter one hundred and thirty-eight of the acts of 
the year eighteen hundred and seventy-five, for the ex- 
tinguishing of tires, for domestic and other jmrposes, ma}' 
establish fountains, watering places and hydrants, and re- 
locate and discontinue the same ; may regulate the use of 
such water and iix and collect rates to be paid for the use 
of the same. 

Section 2. The said town, for the purposes aforesaid, 
may take, by purchase or otherwise, and hold the waters 
of any pond, stream or springs, artesian or driven wells or 
filter galleries within the limits of said town of West 
Springfield, and the water rights and water sources con- 
nected 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 West Springfield ; and may erect on the land thus 
taken and held proper dams, buildings, fixtures and other 
structures, and may make excavations, })rocure and operate 
machinery, and provide such other means and appliances 
as may be necessary for the establishment and mainte- 
nance of complete and eflective water works ; and may 
construct and lay down conduits, pipes and other works, 
under or over any lands, water courses, railroads, or pub- 
lic or private ways, and along any such Avay in such man- 
ner as not unnecessarily to olistruct the same ; and for the 
purpose of constructing, maintaining and repairing such 
conduits, pipes and other works, and for all proper pur- 
poses of this act, said town may dig up any such lands, 
and, under the direction of the l)oard 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 by 
purchase, file and cause to be recorded in the registry of 
deeds for the county and district within which the same 
are situated, a description thereof sufficiently accurate for 
identification, Avith 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 



Acts, 1893. — Chap. 206. 813 

takino- of any land, right of way, water, water source, 
water riiiht or easement, or any other thhig done by said 
town under the autlu)rity of this act. Any person or cor- 
poration entitled to damages as aforesaid under this act, 
who fails to agree with said town as to the amount of 
damages sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, 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 ap- 
plication shall he made after the expiration of said three 
years. No application for assessment of damages shall l)e No application 
made for the taking of any water, water right, or any be'^maire"untii° 
injury thereto, until the water is actually withdrawn or tlken^.'"^'''"""^ 
diverted by said town under the authority of this act. 

Sectiox 5. The said town may, for the ])urpose of F^,*%**Jp."°S' 

. "^ I ,.,.,.. ^ .'^ , field Water 

payino; the necessary expenses and liabilities incurred Loan not ex- 

• • • ceedioe $75 000 

under the provisions of this act, issue from time to time 
bonds, notes or scri]) to an amount not exceeding in the 
agrsfreoate seventv-tive thousand dollars. Such l)onds, 
notes and scri}) shall bear on their face the words, West 
Springfield Water Loan ; shall be payable at the expira- 
tion of periods not exceeding thirty ^xars 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 and be countersigned by the select- 
men of the tow^n. The said town may sell such securities 
at public or private sale or pledge the same for money 
borrowed for the purposes of this act, and upon such 
terms and conditions as it may deem proper. The said S'ui'ing fund. 
town shall pay the interest on said loan as it accrues, and 
shall provide at the time of contracting said loan for the 
establishment of a sinking fund, and shall annually con- 
tribute to such fund a sum sufficient with the accumula- 
tions thereof to pay the i)rincipal of said loan at maturity. 
The said sinking fund shall remain inviolate and pledged 
to the payment of said loan and shall l)e 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 menta ou loan, 
provide for the payment thereof in annual payments of 
such amounts as will in the aggregate extinguish the same 
within the time prescribed in this act, and when such vote 



844 



Acts, 1893. — Chap. 206. 



Return of 
amount of sink- 
ing fund or 
annual pay- 
ment. 



Paynaent of 
expenses, inter- 
est, etc. 



Penalty for wil- 
ful corruption 
or diversion of 
water, etc. 



Water commis- 
sioners, elec- 
tion, terms of 
office, powers, 
duties, etc. 



has been passed the amount required thereby shall with- 
out ftirther 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 
of chapter eleven 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 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 
taxation a sum which with the income derived from the 
water rates will be sufficient to pay the current annual 
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 9. AVhoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to the 
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 wilfid or wanton acts 
shall be punished by a tine 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 liy ballot 
for the term of three years. All the authority granted to 
the town by this act and not otherwise special 1}^ provided 
for shall be vested in said board of water commissioners, 
who shall be subject however to such instructions, rules 
and regulations as said town may impose by its vote. 



Acts, 1893. — Chaps. 207, 208. 8J5 

The said oommissionors .shall be trustees of the sinkino; 
fund herein provided for, and a major it j of said commis- 
sioners shall constitute a quorum for the transaction of 
liusiness relative both to the water works and to the sink- 
ing fund. Any vacancy occurrino- in said l)oard from any 
cause may be tilled for the remainder of the unexpired 
term by said town at any legal town meeting called for 
the purj^ose. 

Section 11. This act shall take effect uf)on its accept- To take effect 
ance by a two thirds vote of the voters of said town ance, etc. 
present 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 l)allots and the polls shall be 
kept open at least four hours. At such meetings the select- 
men shall preside, and in receiving said ballots the check 
list shall be used in the same manner as it is used at 
elections of national, state and county officers. 

Approved April 15, 1893. 

An Act to authorize the harvakd musical association to nhaj) 207 

HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and Jepeaied. ^^' 
nineteen of the acts of the year eighteen hundred and 
forty-five is hereby repealed. 

Section 2. The Harvard Musical Association is hereby May hold prop- 
authorized to hold, for the purposes for which it is incor- iDs$5o,(m^^^ 
porated, real and personal estate to an amount not exceed- 
ing fifty thousand dollars. 

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

Ap2)roved April 15, 1S93. 



Chap.20S 



An Act authorizing cities and towns to provide free 

evening lectures. 
Be it enacted, etc., as follows : 

Section 1 . The school committees of cities and towns Lectureo may be 

• J ' • n. • 11 11 j_i-ij^ provided in cer- 

maintaining tree evening schools are hereby authorized to tain cities and 
employ competent persons to deliver lectures, on the natu- 
ral science^, history and kindred subjects, in such places 
as said committees may provide. 



towns. 



846 



Acts, 1893. — Chaps. 209, 210. 



Certain cards 
or pamphlets 
may be pro- 
vided. 



Section 2. Said committees are hereby authorized to 
provide cards or i)amphlets giving the titles and names of 
authors of books of reference, contained in the local pub- 
lic libraries, on the sul)ject-matter of said lectures. 

Approved April 15, 1893. 



(JJl(ir).209 ^^ ^^^ RELATIVE TO THE REGISTRATION OF VOTERS BEFORE 

SPECIAL ELECTIONS. 



Registration of 
voters before 
special state 
elections. 



Be it enacted, etc., as foUoios : 

Section 1. Before each special election of national or 
state officers the registrars of voters, in each city or town 
in which votes are to be cast at such election, shall hold 
at least one session in some suitalile or convenient place 
in such city or town, 'and shall give an opportunity to 
qualitied voters to register. Proceedings at such sessions 
shall be as provided by general law in the case of sessions 
of registrars of voters. The last session shall be held on 
the fourth day preceding said election, or in case said day 
is Sunday, then on the fifth day preceding said election : 
provided, that in the city of Boston such session shall be 
held on the seventh day preceding said election. And 
said last session shall commence not later than twelve 
o'clock, noon, and shall close at ten o'clock in the even- 
ing of the same day. After said session further registra- 
tion shall be discontinued until after said special election 
shall have been held. 

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

App)roved April 15, 1893. 



Chap.2l0 



Transportation, 
etc., of milk by 
railroad corpo- 
rations. 



An Act in relation to the transportation of milk. 

Be it enacted, etc.^ as follows: 

Section 1. No railroad corporation shall receive, for- 
ward or deliver milk in large quantities over any portion 
of its line or shall furnish or allow to others facilities or 
advantages for so doing under contract, lease or hiring of 
cars or otherwise, without at the same time furnishing or 
providing the same or equal facilities and advantages as 
regards time, care and preservation of the milk and the 
return of the empty cans, for receiving, forwarding and 
delivering milk by the can, over the same portion of its 
line, to any person tendering the same; nor without estab- 
lishing a tariti' for the milk by the can which is fairly pro- 



Acts, 1893. — Chap. 211. 847 

portionate with the rate or price which it charges or 
receives as aforesaid for milk in hiriic (juantities. 

Skctiox 2. On the jietition of one or more persons Powers and 
wlio desire to forward milk by the can over any railroad roacfcomniu' 
or any portion or portions thereof, the board of railroad **°°*'''^' ''^'=- 
commissioners, after notice to the railroad corporation 
and a hearing of the })arties, shall ascertain and compare 
the tariff estal)lished as aforesaid for milk by the can, with 
the rate or price charged or received as aforesaid for milk 
in large quantities, over such railroad or such portion or 
portions thereof; and if the former is, in the judgment of 
the board, unreasonably high, as compared with the latter, 
the board shall revise said tariff* and shall lix such rates 
for milk by the can as in its judgment are fairly propor- 
tionate with the rate or price for milk in large quantities, 
including in both cases the same care and preservation of 
the milk and the return of the empty cans, as aforesaid ; 
and shall notify the corporation in writing of the rates by 
the can so fixed over such railroad or such portion or por- 
tions thereof; but milk received by one railroad corpora- 
tion from another shall not be considered as received at 
the point of junction of the two roads, in comparing and 
fixing as aforesaid rates for milk by the can tendered at 
such point of junction. 

SECTiOiSr 3. A railroad corporation which refuses or Penalty. 
neglects to receive, forward or deliver milk by the can 
over its railroad or any portion thereof at the tariff rates 
therefor, so fixed and notified to it by the board, shall for- 
feit to the person tendering the same five dollars for each 
and every can of milk which it so refuses to receive or 
neglects to forward and deliver at the said tariff rates, to 
be recovered in an action of tort. 

Sectiox 4. Sections one hundred and ninety-tw^o to p. s. 112, §§192- 
one hundred and ninety-four, inclusive, of chapter one etc! "^^ ^*^ 
hundred and twelve of the Public Statutes are hereby 
repealed ; but such repeal shall not afiect any rates here- 
tofore fixed or any suit pending or right of action accrued 
under said sections. Approved April 17, 1893. 



Chaj).211 



Ax Act ix relation to the issue of bonds and certificates 

FOR PARK PURPOSES BY THE CITY OF BOSTON. 

Be it enacted, etc. , as follows : 

Sectiox 1. Section two of chapter three hundred and amkdcd.^^' 
one of the acts of the year eighteen hundred and ninety- 



818 



Acts, 1893. — Chap. 212. 



City treasurer 
may issue and 
sell bonds, etc. 



Provieo. 



one is hereby amended by striking out in the last four 
lines thereof, the following words "nor shall said city 
treasurer issue in any one year, of the aforesaid bonds and 
certificates, a greater amount than seven hundred thousand 
dollars ", so as to read as follows : — Section 2. Said 
treasurer shall, when authorized by said city as hereinbe- 
fore provided, from time to time, when requested as afore- 
said, issue and sell said bonds and certificates to the 
amount requested, retain the proceeds thereof in the treas- 
ury of said city and pay therefrom the expenses incurred 
for the purposes aforesaid : provided, however, that said 
board shall not purchase or take, to be paid for from the 
proceeds aforesaid, lands exceeding in value, as assessed for 
the year eighteen hundred and ninety, one million dollars. 
Section 2. This act shall take effect upon its passage. 

Approved April IS, 1893. 



Chap 



May extend its 
road into certain 
towns, etc. 



Proviso. 



Proceedings for 
fixing route, 
location and 
construction of 
railway outside 
of streets, etc. 



212 "^^ ^^^ ^^ AUTHORIZE THE NORTHAMPTON STREET RAILWAY 
• COMPANY TO EXTEND ITS ROAD INTO CERTAIN OTHER TOWNS IN 
THE COUNTY OF HAMPSHIRE. 

Be it enacted, etc., as foHoivs : 

Section 1 . The Northampton Street Railway Company 
may locate, construct, maintain and operate its railway, 
with single or double tracks, and Avith suitable turn-outs 
and switches, in such a manner as may be convenient and 
necessary, in part upon private land, and over and upon 
streets or highways of Northampton, Easthampton, Wil- 
liamsburg, Hatfield, Hadley and Amherst, in the county 
of Hampshire, subject to the approval and under the con- 
trol of the mayor and aldermen of said city and of the 
selectmen of the respective towns, as provided by general 
law : provided, that no location shall be granted to said 
street railway company in the town of Amherst unless the 
town votes to authorize its selectmen to grant said location, 
by majority vote of the voters })resent and voting thereon 
at a town meeting called for the purpose. No location 
upon private land shall exceed fifty feet in Avidth. 

Section 2. The proceedings for the fixing of the route, 
location and construction of said railway over all the route 
lying outside of the streets and public highways, and for 
the taking of })rivate property and for damages therefor, 
shall be sinn'lar to those prescribed l)y general law in rela- 
tion to railroads, except as herein otherwise proA^ded ; but 
if upon petition of the directors and after notice and hear- 



Acts, 1893. — Chaps. 213, 214. 849 

inir thereon, as provided in section twenty-one of chapter 
one hundred and thirteen of the Public Statutes, the mayor 
and aldermen of Northampton or the selectmen of any 
town aiiiec witii the directors as to any proposed exten- 
sions of its route therein which is in part located on 
private land, and the said mayor and aldermen or the 
selectmen shall sign and give to the directors a certificate 
setting forth such route, and if such certificate, with the 
directors' acce[)tance thereof in writing, is filed in the 
registry of deeds for the county of Hampshire within 
thirty days after the date of said certificate, it shall be 
deemed the true location of the tracks of the company and 
a taking of the private lands therein indicated. 

Section 3. Said street railway shall not cross the Grade crossings 
tracks of any steam railroad at grade without first ol)tain- roads?"' '^^''" 
ing the written consent of the board of railroad commis- 
sioners. The mayor and board of aldermen of the city of use of bridge 

*" *^ uGtw6GD North* 

Northampton may detennine upon what terms and under ampt(!n and 
what conditions said street railway may occupy and use ^ ^^' 
the bridge over the Connecticut river between North- 
ampton and Hadley. 

Section 4. The authority herein granted shall cease Authority to 
in any town where no portion of the proposed extension extensu.n'^irnot 
has been built and put in operation at the end of five years y^arg'*^'^ '° '^^^ 
from the passage of this act. Ajyproved April 19, 1893. 

An Act to confirm the proceedings of the annual town ^j^^^OiQ 

MEETING OF THE TOWN OF MIDDLEBOROUGH. ^ ' 

Be it enacted^ etc., as follows: 

Section 1. The proceedings of the annual town meet- Proceedings of 
ing of the town of Middleborough held on the sixth day couarmed^.'"^ 
of March in the year eighteen hundred and ninety-three 
shall not be invalid l)y reason of any clerical error in the 
warrant calling said meeting ; and the election of town 
officers and all other doings of said meeting are ratified 
and confirmed. 

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

Approved April 19, 1893. 



Cha2).2]4. 



An Act to incorporate the mii-lbury water company. 
Be it enacted, etc., as follotvs : 

Section 1. Charles D. Morse, Henry W. Aiken, Miiibury Water 
Samuel E. Hull, Damien Ducharme, Samuel N. Rogers ^orTJ^ '"'"■" 
and George F. Chase, their associates and successors, are 



850 



Acts, 1893. — Chap. 214. 



May take cer- 
tain waters, 
lands, etc. 



May erect build. 
Ings, lay down 
pipes, etc. 



To cause to be 
recorded in reg- 
istry of deeds a 
description of 
lands, etc., 
taken. 



hereby made a corporation by the name of the Millbury 
Water Company, for the purpose of supplying the inhalii- 
tants of the town of Millbury, or any jiart thereof, with 
water for domestic, manufacturing and other purposes, 
including the extinguishment 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 applicable to such corpora- 
tions. 

Section 2. The said corporation, for tlie purposes 
aforesaid, may take, by purchase or otherAvise, and hold 
the waters, or so much thereof as may be necessary, of 
any ponds, springs, streams or wells, or of any filter gal- 
leries or wells that may be constructed upon the shore of 
any pond, or near to any spring or streams within the 
limits of the said town of Millbury, and lying east of the 
Blackstone river, together with any water rights 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; and may 
erect on the land thus taken and held proper dams, build- 
ings, fixtures and other structures, and may make excava- 
tions, procure and operate machinery, and provide such 
other means and appliances as may be necessary for the 
establishment and maintenance of complete and efiective 
water works ; and may construct and lay down conduits, 
pi})es and other works, under or over any lands, water 
courses, railroads, or private or public 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 corpo- 
ration may dig up any such lands, and, under the direction 
of the board of selectmen of the said town, may enter upon 
and dig up any such ways in such manner as to cause the 
least hindrance to public travel on such ways. 

Section 3. The said corporation shall, within ninety 
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 and district of Worcester, 
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. 



Acts, 1893. — Chap. 214. 851 

Sectiox 4. The said corporation shall pay all damages Damages, 
sustained by any person or corporation in property l)y the 
taking of any land, right of way, water, water sources, 
water right or easement, or by any other things done by 
said cori)oration under the authority of this act. Any 
person or corporation sustaining damages as aforesaid 
under this act, who iiiils to agree with said corporation 
as to the amount of damages sustained, may have the 
damages assessed and determined in the manner provided 
by law when land is taken for the laying out of highways, 
on application at any time within the period of three years 
from tlie 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 l)e made after the expiration 
of three years. No application for the assessment of 
damages shall be made for the taking of any water, water 
right or water source, or for any injury thereto, until the 
water is actually withdrawn or diverted by said corpora- 
tion under the authority of this act. The said corporation 
may by vote, from time to time fix and determine what 
amount or quantity of water it purposes to take and appro- 
priate under this act ; in which case any damages caused 
by such taking shall l)e Imsed upon such amount or quan- 
tity until the same sliall be increased l)y vote or otherwise, 
in which event said corporation shall be further liable 
only for the additional damages caused by such additional 
taking. 

Sectiox 5. The said corporation may distribute said ^r^o^Q^Pf'^ 
water through said town of ^Iilll)ury, or any part thereof, Miubury, etc 
and may regulate the use of the same and fix and collect 
water rates to be paid therefor. And said town, or any 
individual, corporation, or any fire district legally organ- 
ized in said town, may make such contracts with said 
water company to su})[)ly water for the extinguishment of 
fires and for other purposes, as may be agreed upon by 
said town, individual, corporation or fire district, and said 
]\Iillbury Water Company. 

Sectiox 6. The said corporation may, for the pur- Real estate, 
poses set forth in this act, hold real estate not exceeding corpo^iauon,e°c. 
in amount twenty-five thousand dollars ; and the whole 
capital stock of said corporation shall not exceed one hun- 
dred and twenty-five thousand dollars, to be divided into 
shares of one hundred dollars each ; and said corporation 
may issue bonds bearing interest at a rate not exceeding 



852 ^ Acts, 1893. — Chap. 214. 

six per centum per {innum, and secure the same by a 
mortgage of its franchise and otlier property to an amount 
not exceeding its capital stock actually paid in and applied 
to the purposes of its incorporation. 
Penalty for Sectiox 7. Whocvcr wilfully or wantonly corrupts, 

ruption or pollutcs or divcrts any of the waters taken or held under 
waterTetcf this act, or injures any structure, work or other propert}^ 
owned, held or used by said corporation under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said corporation three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon being convicted of either of the al)ove wilful or 
wanton acts shall be punished by a fine not exceeding 
three hundred dollars or by imprisonment in jail not ex- 
ceeding one year. 
Town may take SECTION 8. The sald towu of MiUbury shall have the 

franchise, prop- . • i • i • r- i i 

erty.etc, at any right, at any time durmg the contmuance oi the charter 
'"*■ hereby granted, to take by purchase or otherwise the fran- 

chise, corporate property and all the rights and privileges 
of said corporation, on ])ayment to said corporation of the 
total actual cost of its franchise, works and property of 
any kind, held under the provisions of this act, including 
in such cost interest on each expenditure from its date to 
the date of taking, as hereinafter provided, at the rate of 
five per centum per annum. If the cost of maintaining 
and operating the works of said corporation shall exceed 
in any year the income derived from said works by said 
corporation for that year, then such excess shall be added 
to the total actual cost, and if the income derived from 
said works by said corporation exceeds in any j'ear the 
cost of maintaining and operating said works that year, 
then such excess shall be deducted from the total actual 
cost. The said town on taking, as herein provided, the 
property of said corporation, shall assume all of its out- 
standing obligations, including the bonds authorized in 
this act ; and the amount thus assumed shall be deducted 
from the total amount to be paid by said town to said 
statement of corporatlou. An itemized statement of the receipts and 
pen^dfturr^fo^e cxpcnditures of said corporation shall be annually sub- 
made annually, fitted to the Selectmen of the town of Millbury, and by 
said selectmen to the citizens of said town. In case said 
town and said corporation are unable to agree upon the 
amount of the total actual cost of the franchise, corporate 
property, rights and privileges of said corporation, then, 



Acts, 1893. — Chap. 214. 853 

upon a suit in equity hy said town, the supreme judicial 
court shall ascertain and tix such total actual cost under 
the foregoing provisions of this act, and enforce the right 
of said town to take possession of such franchise, corpo- 
rate pro})erty, rights and privileges, upon payment of such 
cost to said corporation. This authority to take said fran- Authority to 
chise and property is granted on condition that the same ass'entecTto^by a 
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. 

Sectiox 9. The .said town may, for the purpose of Lolln^oirx"'"" 
paying the cost of said franchise and corporate property ceeding 1125,000. 
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 and twenty-five thousand dollars ; such 
bonds, notes or scrip shall bear on their face the words, 
jMillbury 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 and countersigned by 
the water commissioners hereinafter provided for. The 
said town may sell such securities at pul^lic or private 
sale, or pledge the same for money borrowed for the pur- 
poses 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 pay the interest upon said loan as it sinking fund; 

. n 1 /..,.. propoitionate 

accrues, and shall provide for the payment of said prmci- payments. 
pal at maturity, by establishing at the time of contracting 
said debt a sinking fund, or from year to year by such 
propo-rtionate payments as will extinguish the same within 
the time prescribed by this act. In case said town shall 
decide to establish a sinking fund it shall contribute 
thereto annually a sum 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 debt and shall be used for no other pur- 
pose. If said town shall decide to pay the principal of 
said loan by instalments, such amounts as may be neces- 
sary 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. 

Section 10. The return required by section ninety- Return of 
one of chapter eleven of the Public Statutes shall state 



854 



Acts, 1893. — Chap. 214. 



ing fund or 
annual pay- 
ments. 



Water eommiB- 
sioners, elec- 
tion and terms 
of office. 



Powers and 
duties of com- 
missioners. 



Payment of ex- 
penses, interest 
OQ loan, etc. 



Extension of 
water works, 
etc. 



Only nccespary 
expenses to be 
incurred until 



the amount of any sinking fund established under this act, 
and if no sinking fund is established said return shall state 
whatever action has been 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 3"ear. 

Sectiox 11. The said town shall, after its purchase of 
said franchise and corporate property, as provided in this 
act, at a legal meeting called for the purpose elect by 
ballot three persons to hold office, one until the 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 bal- 
lot for the term of three years. 

Section 12. All the authority granted to the said 
town by this act and not otherwise specifically provided 
for .shall be vested in said water commissioners, who shall 
be subject however to such restrictions, rules and regula- 
tions as said town may impose by its votes. The said 
commissioners shall be trustees of the sinking fund herein 
provided for, and a majority of said commissioners shall 
constitute a quorum for the transaction of business rela- 
tive both to the water works and to the sinking fund. 
Any vacancy occurring in said board for 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 13. The said town shall raise annually by 
taxation a sum which with the income derived from the 
water rates will be sufiicient to pay the current annual 
expenses of operating its water works and the intei'est 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. The said town 
is further authorized, by a two thirds vote of the voters 
of said town present and voting at any legal meeting, to 
raise by taxation any sum of money for the purpose of 
enlarging or extending its water works and providing 
additional appliances and fixtures connected therewith, 
not exceeding five thousand dollars in any one year. 

Section 14. This act shall take eft'ect upon its pas- 
sage, but no expense other than for preliminary surveys 



Acts, 1S93. — Chap. 215. 855 

and such leijal and official procecdin£js as mav be neccs- after town has 

,. ~ . . • 1 11 1 • I'l 1 • 1 \'t>tecl on pur- 

sarv to ertcct its orpuuzation shall he incurred l\y the said chase, etc. 
"svatcr company until after the said town of jMill])ury shall 
have once voted upon the question of purchasing the fran- 
chise, corporate property, and all the rights and privileges 
of said corporation, in the manner herein specitied : pro- Proviso. 
vided, Jioicever, that said vote shall be taken within sixty 
days after the date of the passage of this act, and that 
said town shall at the same meeting vote to construct the 
water works authorized herein and appropriate the money 
necessary therefor. Apjiroved April 19, 1893. 



Cha2).215 



Ax Act to dissolve certain corporatioxs. 
Be it enacted, etc., as follows : 

Section 1. Such of the following named corporations corporations 

, 1 T T , T . ^ dissolved. 

as are not already dissolved, viz. : — 

A. C. White Coal Company, 

Abington and Rockland Electric Company, The, 

Abino-ton Business Club Building Association, 

Acton Electric Companj^, 

Adamanta Manufacturing Company, The, 

Adams Co-operative Association, 

Agawam Electric Company, 

Agawani Gas Company, The, 

Allen Governor Company, 

American Arms Company, 

American Ballot Box Association, 

American Chlorine and Chemical Manufacturing 

Company, The, 
American Co-operative Association, 
American Eophone Company, The, 
American Shoe Company, 
Amesbury Forging Company, 
Ashcroft Manufacturing Company, 
Athol Building Company, 
Athol Electric Lighting and Power Company, 
Atlantic Cigar Company, 
Atlantic Dyewood Company, 
Atlantic Fertilizer Company, The, 
Ayer Electric Company, 
Barden Stationery Company, 
Barnes Manufacturing Company, The, 
Bay State Electric Light and Power Company, 



85G Acts, 1893. — Chap. 215. 

durvedi""' Bay State Felt Boot and Shoe Company, 

Bay State Knitting Company, 
Bay State Manufacturing Company, 
Bay View Pavilion Company, The, 
Bayley Hat Company, 
Beaver Knitting Company, The, 
Bee Newspaper Company, The, 
Berkshire Boot & Shoe Company, 
Blackburn Valve Company, 
Blackstone Electric Company, 
Boston and Colorado Smelting Company, 
Boston Dye-wood and Chemical Company, 
Boston Oakum Company, 
Boston Pipe Wrench Company, The, 
Boston Stenographic and Copying Company, The, 
Boston Stock Transfer Company, 
Boston Tag and Printing Company, The, 
Boston Type Foundiy, 
Boston Watch and Jewelry Company, 
Bridgewater Iron Company, 
Bristol County Electric Company, The, 
Brockton Gazette Publishing Company, The, 
Brooldine Electric Light Company, 
Bullard Art Publishing Company of Worcester, The, 
Buxton Seed Company, The, 
, Byfield ^lanufacturing Company, 
Canil)ridge Publishing and Printing Company, The, 
Campello Co-operative Boot and Shoe Company, 

The, 
Canton Electric Company, 
Capitol Manufacturing Company, The, 
Cary Improvement Company, 
Cedar Street Co-operative Association, 
Charles Kiver Electric Light and Power Company, 
Chelsea Pul)Iishing Company, The, 
Chicopee Folding Box Company, 
Citizens' Electric Company, 
Citizens' Electric Company of Milton, Mass., 
Citizens' Electric Light Company, 
Citizens' Gas Company of Marlborough, The, 
Clark Moulding Works, 
Commercial INIanufacturing Company, 
Commonwealth Hotel Company, 
Commonwealth Insurance Company, 



Acts, 1893. — Chap. 215. 857 

Connecticut Valley Cigar Company, duKcK^"^ 

Consumers' Gas Company, . 

Co-operative Printinii; and Publishing Company, 

The, 
Cosmopathic Medical Institute and Sanitarium 

Association, 
Cottage City Gas Company, The, 
Cottage Hearth Company, 
Damon Narrow Fabric Company, 
Deep Sea Isinglass Company, 
Diamond Safety Razor Company, The, 
Draper Manufacturing Company, The, 
Dul)ois Lithographic Company, 
Duxbury Bridge Company, 
E. L. Johnson Company, 

E. W. Vaill Chair Manufacturing Company, The, 
East Boston Improvement Company, 

Eastern Supply Company, The, 

Easthampton Aqueduct Company, 

Easthampton Paper Company, 

Electric Standard Time Company, 

Elsey School Furniture Company, 

Elwell Heddle Company, The, 

Eureka Silk Manufacturing Company, 

Everett Electric Light Company, 

Excelsior Fertilizer Company, 

Excelsior Umbrella Manufacturing Company, 

F. A. Kennedy Company, The, 
F. D. Maynard Company, The, 

Fall River Boot and Shoe Manufacturing Company, 

Fall River Yarn Mills, 

Faneuil Hall Cooling Company, 

First National Publishing Company, 

Florence Machine Company, 

Foxboro' Electric Company, 

Franklin Chemical Company, 

French Co-operative Store, 

George J. Raymond Company, 

Globe Co-operative Shoe Company, 

Gloucester Electric Light Company, 

Grafton and Upton Electric Company, The, 

Greenfield Aqueduct Company, 

Groveland Foundry Company of Dighton, 

H. A. Prentice Company, 



858 Acts, 1893. — Chap. 215. 

Corporations Haverliill Lime Company, 

dissolved. 1 ^' 

Hermon \> . L<aaa C ompany, 
Holmes Hole JMarinc Railway Company, 
Holt Manufacturing Company, 
Holyoke and Springfield Steamboat Company, 
Holyoke Electric Company, 

Holyoke Electric Light and Power Company, The, 
Hopson, Giddings Corporation, The, 
Household Publishing Company, The, 
Humphrey Paper Box Company, 
Incas Silver Mining Company, 
India Wharf, the Proprietors of, 
International Cigarmakers' Co-operative Associa- 
tion, 
J. H. Salter Silk Company, 
Jamaica Pond Aqueduct Corporation, 
Jol) Chase Wharf Company, 
John Davrog Company, 
Kimball Manufacturing Company, 
Kingston Co-operative Foundry Company, 
Lamson Store Service Supply Company, 
Law and Order Publishing Company, 
Lawson Manufacturing Company, 
Le JS^ational Publishing Company, 
Lewis Engraving Company, 
Linton Wood Spring Carriage Company, 
Little and Company Corporation, 
Lugrin Door Company, 
Lynn Mechanics' Building Association, 
Lynn News Publishing Company, 
Lynn Plumbing Company, 
Mansfield Electric Company, 

Manufacturers Fire and ^larine Insurance Company, 
Masonic and Odd Fellows Building Association of 

Palmer, 
Masonic Building Association in the Town of 

Georgetown, 
Massachusetts Arms Company, 
Massasoit Worsted Company, 
Mclver Brothers Machine Company, 
Mechanics' and Workingmen's Co-operative Coal 

Association, 
Meigs Elevated Railwaj^ Compan}^, 
Menauhant Land and Wharf Company, 



Acts, 1893. — Chap. 215. 859 

:\rcr('li:nits Electric Company, The, diZwed°°' 

^Ii(kllei;ex Co-openitivo Boot and Shoe Company, 

Minot jManufacturino- Company, 

]Monatiquot P^lectricLiglitand Power Company, The, 

INIudie I^ibrary Company, The, 

Munroe Organ Eeed Company, 

N. D. Dodge Company, The, 

Kaumkeag Electric Company, 

Needham Electric Company, 

Kemosett Company, The, 

Neponset Electric Company, The, 

New Bedford Casket Company, 

Kew England Co-operative Trunk Company, 

New England Wire Goods Company, 

New England ^^'iring and Construction Company, 

Newton Electric Light and Power Company, 

North Easton Electric Comjmny, 

Northampton Creamery Company, Co-operative, 

Norway Tanning Company, 

Odd Fellows Hall Association of Needham, 

Palmer Co-ojierative Creamery Association, The, 

Palmer Gas Light Company, 

Pard Co-operative Shoe Company, 

Park Hosiery Company, 

Parmenter Crayon Company, 

Pequoig Soapstone Company, The, 

Perry Manufacturing Company, The, 

Pike Manufacturing Company, 

Pittsfield Electric Light Company, The, 

Pittstield Illuminating Company, 

Prescott Manufacturing Company, 

Pure Flowing Water Company, 

Randolph and Holbrook Electric Company, The, 

Randolph and Holbrook Light and Power Company, 

Revere Gas Company, 

Revere Gas Light Company, 

Richard L. Gay Company, The, 

Richmond Co-operative Creamery Association, 

Rivermont Lumber Company, The, 

Rockland Electric Light and Power Company, The, 

S. L. Wiley Construction Company, The, 

Salisbury Beach Roller-Toboggan Company, The, 

Sanders Leather Company, 

Sanford Woolen Company, The, 



860 Acts, 1893. — Chap. 215. 

Swed.°°' Saiigus Water Company, 

Slielburne Falls Electric Light and Power Company, 

Sherman Machine Company, 

Somerville Gas Company, The, 

Southbridge Co-operative Grocery Company, 

Springfield Publishing Company, The, 

Springfield Pump and Manufacturing Company, 

Springfield Silk Mills Company, 

Standard Electric Supply Company, 

Standard Manufacturing Company, 

Standard Rubber Company, 

Star Furniture Company, 

Stellar Electric Company, 

Stoneham and Wakefield Electric Light and Power 

Company, The, 
Stoughton Gas Light Company, 
Swampscott Electric Company, 
Times Newspaper Company, The, 
Turner Electrical Manufacturing Company, 
W. A. Sturdy Manufacturing Company, 
Waitt and Watts Furniture Company, The, 
Wakefield Electric Light and Power Co., 
Walter Heywood Chair Manufacturing Company, 
Ware Power & Improvement Co., The, 
Waters Electric Time Switch Company, 
Watuppa Manufacturing Company, 
Wellesley Electric Company, 
Wenham Lake Ice Company, 
Wentworth Carpet Lining Company, The, 
West Springfield Gas Company, 
Westboro' Carriage Co., 
Westfield Street Railway' Company, 
Wilder Manufacturing Company, 
Willey Robinson Manufacturing Company, The, 
William E. Smythe Company, The, 
Williston Mills, 

Winchendon Electric Company, The, 
Winchester Electric Light Company, The, 
Winthrop Gas Company, 
Woburn Electric Light and Power Company, 
Worcester Elevator Company, 
Worcester Fire Pail Company, 
Worcester Steel Works, 
Wylie Hardware Company, 



Acts, 1893. — Chap. 21(5. 861 

arc herel)}^ dissolved, subject to the proAisions of sections 
forty-one and forty-two of chapter one hundred and live 
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 aflected%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 fuuritpon^* '° 
contracts sold or assigned by any corporation dissolved <=''°^«^'° '*'=''°°- 
by this act may be brought or prosecuted in the name of 
the purchasers or assignees. The fact of sale or assign- 
ment and of purchase by the plaintiff shall be set forth in 
the writ or other process ; and the defendant may avail 
himself 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 effect upon its passage. 

Approved April 19, 1893. 

Ax Act to incorporate the south middleborough cemetery (JJiapJ^XQ 

ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. Ephraim A. Hunt, E. Howard Shaw, south Middie- 
James M. Clark, Alvin E. Thomas, Lucius M. Fuller, tery Association 
Edwin F. Witliam, John L. Benson, John S. Benson, i°'=°'-P°'^^''^'*- 
Ephraim H. Gammons, Frank L. Wallen, Charles E. 
Hunt, Cyrus LeBarron, John E. vSmith and Nathaniel 
Shurtleff, their associates and successors, are hereby made 
a corporation by the name of the South Middleborough 
Cemetery Association, for the purpose of acquiring, hold- 
ing, managing and perpetuating a place for the burial of 
the dead in the town of Middleborough ; with all the 
powers and privileges and subject to all the duties, restric- 
tions and liabilities contained in general laws which now 
are or hereafter may be in force relating to similar cor- 
porations. 

Section 2. Said corporation may purchase, acquire. May acquire and 
receive and hold so much of the real estate now held by prope'^nyT" 
the Third Baptist Society in Middleborough as was con- Mjddieborough. 



862 



Acts, 1893. — Chap. 216. 



Third Baptist 
Society in 
Middleborough 
may convey cer- 
tain laud to the 
corporation. 



Proprietors of 
lots to be mem- 
bers of the 
corporation. 



Proceeds of 
sales of lots to 
be applied to 
preservation, 
etc., of ceme- 
tery. 



May take and 
hold additional 
property forcer- 
tain purposes. 



veyed to said society by Lemuel Morton, deceased, and is 
now used as a burial ground ; and may also hold personal 
estate to an amount not exceeding five thousand dollars, 
to be applied to objects connected with and appropriate 
to the purpose of said corporation, in addition to any 
amount which may be held by it under the provisions of 
section six of this act. 

Sectiox 3. The Third Baptist Society in Middle- 
borough is hereby authorized, whenever said South Mid- 
dleborough Cemetery Association shall be duly organized, 
to release and convey to said corporation, for such con- 
sideration and upon such terms as may be agreed upon, 
by a deed executed by the treasurer of said society in its 
behalf, so much of the land conveyed to said society by 
Lemuel Morton, deceased, as is now used for a burial 
ground for the dead by the Reformed ^Methodist Society 
of South jVIiddleborough : provided, that a majority of 
the qualified voters of said Tliird Baptist Society present 
and voting shall vote so to do at a meeting duly warned 
or called for that purpose. 

Sectiox 4. All persons who shall become proprietors 
of lots in any lands acquired l)y said corporation, and all 
persons who shall be proprietors of lots, whether by deed 
or otherwise, in the real estate mentioned in section three 
of this act, at the time when the release and conveyance 
therein authorized shall be made to said corporation, shall 
be and become members of said corporation, and when- 
ever 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 5. All the net proceeds of sales of lots in 
the lands held by said cor})oration shall be forever devoted 
and applied to the preservation, improvement and embel- 
lishment, protection and enlargement of said cemetery 
and the incidental expenses thereof, and to no other 
purpose. 

Section 6. Said corporation is herel>y authorized to 
take and hold any grant, donation or bequest of property, 
upon trust, to apply the same or the income thereof for 
the improvement, embellishment or enlargement of said 
cemetery, or for the erection, repair, preservation or 
removal of any monument, fence or other erection, or for 
the planting and cultivation of trees, shrubs or plants in 
or around any lot, or for improving said premises in any 



Acts, 1893. — Chap. 216. 803 

otlior manner or form consistent with the purposes for 
which said corporation is established, according to the 
terms of such grant, donation or becjuest ; and whenever 
any such grant, donation or bequest, or any deposit of 
money, shall be made by the proprietor of any lot in said 
cemetery for the annual repair, preservation or embellish- 
ment of such lot and the erections thei'eon, the said cor- 
poration iuay give to such proprietor or his representative 
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 
fore\er, or for such period as may be agreed ui)on. 

k?ECTiox 7. The officers of said corporation shall con- Officers, eiec 
sist of live trustees, a treasurer and a clerk, who shall be cXe, p^owrs, 
elected at the annual meeting of said corporation, a presi- ^"^'^^^'^ic 
dent, to be elected annually by the trustees from their 
number, and such subordinate officers as may be provided 
for by the by-laws. Said treasurer and clerk shall each 
be elected for one 3^ear and until his successor is elected 
and qualified. Said trustees shall be elected one each 
year for the term of five years : ijrovided, however^ that 
at the first election the terms shall be respectively one, 
two, three, four and five years. Said trustees shall have 
the general management, care and superintendence of the 
property, expenditures, business and affairs of said cor- 
poration ancl of the sales 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, by 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 annual meeting of said corporation Meetings, 
shall be held on the first Wednesday of April in each attiorofb^ust- 
year, at such place in said town of jMiddleborough as the '^^^^' ^"^" 
trustees shall direct. Notice of annual and special meet- 
ings shall be published two successive weeks in some 
newspaper published in the town of Middleborough, the 
last pul)lication to be at least three days before such meet- 
ing, and also posted in some conspicuous place in the 
church adjoining said cemetery. At all meetings of said 
corporation a quorum for business shall consist of not less 
than ten persons, and all questions shall be decided by a 



864: 



Acts, 1893. — Chap. 217. 



Organization ; 
conveyance of 
certain real 
estate, etc. 



First regular 
election of 
oflicers, etc. 



majority of the members present or representatives, who 
may vote either in person or b}^ proxy. 

Sectiox 9. Tiiis act shall take effect upon its passage 
so far as to authorize said corporation to hold a meeting 
at which an organization shall be effected by the election 
by ballot of a temporary president, treasurer and clerk, 
who shall be authorized to negotiate with said society for 
a conveyance to said corporation of the whole or any part 
of the real estate mentioned in sections two and three of 
this act, and to receive such conveyance, but shall not 
take effect for any other than the foregoing purposes until 
such conveyance shall have been executed and delivered 
by said society to said corporation. Notice of the time, 
place and purpose of said meeting shall be given in writ- 
ing by any two of the three corporators lirst named, to 
each of the others, at least three days before said meeting. 
As soon as said conveyance shall have been made and de- 
livered as aforesaid, said temporary president, treasurer 
and clerk shall call a meeting of the proprietors of lots in 
said real estate, w^ho shall at said meeting elect by ])allot 
the officers mentioned in section seven. If said meeting 
shall l)e held on any other day than that hereinbefore pre- 
scribed for the annual meeting, all officers elected shall 
hold their respective offices for the full terms to which 
they may be severally elected, reckoning however as one 
year the time intervening between the date of said first 
meeting and the annual meeting next ensuing. Said first 
meeting shall be called by a notice of the time, place and 
purpose thereof, published two weeks successively in some 
newspaper published in said iSIiddleborough, the last pub- 
lication to be at least three days before said meeting. 

Approved April 19, 1893. 



ChClV.^VI -^ ^'^'^ RELATING 



TO INDIGENT AND NEGLECTED INFANTS IN THE 
STATE ALMSHOUSE. 



Certain pauper 
infants to be 
placed in 
asyhims or 
families. 



Be it enacted, etc., as follows: 

Section 1. The superintendent and board of trustees 
of the state almshouse shall commit any indigent or neg- 
lected infants having no known settlement in this Com- 
monwealth to the custody of the state board of lunacy and 
charity, wdiich board shall provide for said infants in the 
Massachusetts Infant Asylum or St. Mary's Asylum, or in 



Acts, 1893. — Chap. 218. 8G5 

a family or other suitable ]ilace, as they may judge to be 
best for the interests of each child. 

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

Aj)proved April 19, 1893. 



Chap.2l8 



An Act to ixcokpokate the trustees of the john gkeen- 

LEAF AVIIITTIER HOMESTEAD. 

Be it enacted, etc., as foUoivs : 

Sectiox 1. Alfred A. Ordway, George C. How, ]'jjjf^^fg°f,,"'®j- 
Charles Butters, Dudley Porter, Thomas A. Burnham, Whiiuer Home- 
Clarence E. Kelley, fc^usan B. Sanders, Sarah M. F. rated.""'*''^'"' 
Duncan and Annie W. Frankle, trustees under the deed 
of trust from James H. Carleton, dated the eighth day of 
December in the 3'ear eighteen hundred and ninety-two, 
and recorded in the Essex south district registry of deeds 
in book thirteen hundred and sixty-three, page one hun- 
dred and ninety-one, and their successors in trust, are 
hereby made a corporation by the name of the Trustees of 
the John Greenleaf Whittier Homestead, for the purposes 
hereinafter set forth ; 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 hereafter may 
be in force in relation to such corporations. 

Sectiox 2. Said corporation is hereb}^ authorized and ^fj nottx JeJd- 
empowered to take and hold, for the purposes therein set i'is$ou,uoo. 
forth, all the real estate conveyed by said deed of trust, 
and may take and hold any other real estate formerly a 
portion of the Whittier homestead, or personal property 
Avhich maybe acquired by said corporation by gift, devise, 
purchase or otherwise, for the same purposes : ^^royicZetZ, 
however, that the actual value of the estate held or possessed 
by said corporation as aforesaid shall not at any time exceed 
the amount of fifty thousand dollars. 

Sectiox 3. The property, real and personal, of said ^xe^p'^om*'^ 
corporation shall be exempt from taxation, in the same taxation. 
manner and to the same extent as the property of literary, 
benevolent, charitable and scientific institutions incorpo- 
rated within this Commonwealth. 

Sectiox 4. Nothing in this act shall be construed to jurisdiction of 
impair the jurisdiction of the proper courts of equity over not 'impaired"^ 
the subject-matter of the trust created by said deed ; but °°u8?afflcied. 
said corporation shall, in the execution of the purposes for 
which it is created, be held to have the same powers and 



866 



Acts, 1893.— Chaps. 219, 220. 



be subject to the same limitations in respect thereof which 
are applicable to said trustees by the provisions of said 
deed of trust ; and their successors shall be appointed as 
provided in said deed. 

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

Approved April 19, 1893. 



May build a 
bridgeacrose the 
Couuecticut 
river. 



C7^tt?9.219 ^^ -^CT TO AUTHORIZE WATSOX WHITTLESEV TO BUILD A BRIDGE 

ACROSS THE CONNECTICUT RIVER. 

Be it enacted, etc., asfoUoivs: 

Section 1. Watson Whittlesey and his heirs and 
assigns may, before the first day of January in the year 
eighteen hundred and ninety-five, build and maintain a 
bridge across the Connecticut river, from a point on the 
westerly side of said river in the city of Holyoke, which 
point is the easterly end of jNIosher street, a pul>lic high- 
way in said Holyoke, to a point in Chicopee opposite to 
said easterly end of said Mosher street, which point is on 
the west side of the highway leading from Willimansett in 
said Chicopee to South Hadley Falls, subject to the provi- 
sions of section two of chapter three hundred and forty-four 
of the acts of the year eighteen hundred and eighty-five. 

Section 2. All expenses incurred under this act, 
including all expenses of the construction of said bridge, 
and all expense of maintaining and keeping the same in 
repair when completed, shall be borne and paid by said 
Whittlesey, his heirs and assigns. 

Section 3. Said bridge shall be free and open to the 
public to pass and repass thereon, and shall be of such 
strength, dimensions, material and kind as the county 
commissioners of the county of Hampden may determine. 

Section 4. This act shall take eli'ect upon its passage. 

Appi'oved April 19, 1893. 



Payment of 
expenses of 
construclion 
and mainte- 
nance. 



To be open to 
public; to be 
approved by 
county commis- 
sioners . 



G/l«/?.220 -^^ ^^'^ "^^ AUTHORIZE THE CITY OF FALL RIVER 

ADDITIONAL WATER LOAN. 



TO MAKE AN 



Water Bonds 
of tile City of 
Fall River not 
exceeding 

$200,000. 



Be it enacted, etc. , as folloivs : 

Section 1. The city of Fall River, for the improve- 
ment and extension of its water service, may issue from 
time to time, as hereinafter set forth, l)onds to the amount 
of two hundred thousand dollars in addition to the amounts 



Acts, 1893. — Chap. 221. 867 

heretofore authorized by hiw to be issued by said city for 
the same purposes. Said bonds shall be denouiinated on 
the face thereof, Water Bonds of the City of Fall River, 
and shall bear interest at a rate not exceeding four per 
centum per annum. Said bonds may be issued to the 
amount of seventy-hve thousand dollars in the present 
year, and to the amount of twenty-five thousand dollars 
in each of the five succeeding years, and shall be payable 
in thirty years from their dates of issue. 

Section 2. The provisions of chapter twenty-nine of ps. 29, to 
the Public Statutes in regard to the establishment and 
maintenance of a sinking fund for the redemption of 
municipal debts shall apply to the loans authorized by 
this act. 

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

Approved April 19, 1893. 

An Act to authorize the city of marlborough to improve rij^f^rrt 991 

AND INCREASE ITS WATER SUPPLY AND TO CONFIRM THE ACTS "' 

OF SAID CITY IN RELATION TO THE SAME. 

Be it enacted, etc. , as folloivs : 

Section 1. The city of Marlborough, for the purposes May improve 
of improving and increasing its water supply and secur- waleTsup^piy. 
ing the purity thereof, may extend and enlarge the basin 
of Gates pond, otherwise called Lake Williams, situated 
in said city, and may flow and raise the waters of said 
pond and the waters of other sources discharged into said 
basin, to such extent beyond the flowage line now allowed 
by law as may be deemed advisable for said purposes. 
Said city make take and hold, by purchase or otherwise, 
any and all lands, property, water rights and easements 
that may be necessary for any and all said purposes, and 
for preventing the pollution of any stream or water source 
tributary to said Gates pond ; and may construct suitable 
structures, make excavations and embankments, and lay 
down conduits and pipes and construct such other works 
and appliances in, upon, over and through said lands as 
may be necessary for any and all purposes of the water 
supply of said city. The city of Marlborough shall pay DamageB. 
all damages sustained by any person or corporation in 
property by the taking of any land, water right, ease- 
ment or other property, or by any other thing done by 
said citv under the authority of this act. Said damages 



868 



Acts, 1893. — Chap. 222. 



Proceedings in 
the tailing of 
certain lands 
made valid, etc. 



1S80, 191; 1892, 
3S6, and amend- 
ments, to apply 



shall be assessed, determined and recovered in the manner 
provided by sections three and four of chapter three hun- 
dred and eighty-six of the acts of the year eighteen hun- 
dred and ninety-two. 

Section 2. The proceedings of the city of Marl- 
borough, in relation to the taking for its water supply of 
certain lands situated in said city and descriljed in the 
records of the registry of deeds for the southern district 
of jNIiddlesex county and recorded in li])ro twenty-one 
hundred and eighty-one commencing on folio four hundred 
and forty-one, and in libro twenty-one hundred and sixty- 
nine commencing on folio five hundred and eighty-one, 
and in relation to the tiling of the statement and description 
required by law, are hereby declared to be valid, and said 
city shall have and exercise in relation to said lands so 
taken the same rights and powers and shall be subject to 
the same obligations as if the said proceedings were duly 
authorized by law. 

Section 3. The provisions of said chapter three hun- 
dred and eighty-six and 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, so far as aj^plicable, shall apply to the property, 
rights and powers pertaining to its water supply, acquired 
by said city by said taking, referred to in section two of 
this act, and in like manner to any such property, rights 
and powers hereafter acquired by it under authority of 
this act. 

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

Ai')proved April 19, 1893. 



Ghci7)''^'2i2i ^^ ^^^'^ '^'^ AUTHORIZE THE TOAVX OF WEYMOUTH TO MAKE AN 

ADDITIONAL WATER LOAX. 

Be it enacted, etc., asjolloivs: 

Section 1. The town of Weymouth, for the purpose 
of extending its system of water works, as authorized by 
the provisions of chapter one hundred and seventy-four 
of the acts of the year eighteen hundred and eighty-one, 
may, from time to time, during the term often years from 
the passage of this act, issue notes, lionds or scrip, to be 
denominated on the face thereof, AA'eymouth AVater Loan, 
to an amount not exceeding fifty thousand dollars in 
addition to the amount heretofore authorized l)y law to 



Weymouth 
Water Loan 
not exceeding 
$50,000. 



Acts, 1893. — Chaps. 223, 224. 869 

be issued by said town for the purposes of the act afore- 
said. Said notes, 1)onds or scrip shall be issued upon the 
same terms and conditions and with the same powers as 
are provided in said act for the issue of the AVeymouth 
water loan by said town : provided, Jtoioever. that the said ^'''^''sos. 
town may sell said securities at public or private sale, or 
may pledge the same for money borrowed for the purposes 
of this act, upon such terms and conditions as it may deem 
proper: provided, also, that the whole amount of such 
notes, bonds or scrip issued by said town, together with 
those heretofore authorized to be issued by said town for 
the purposes named in said chapter one hundred and 
seventy-four, shall not in any event exceed the sum of 
four hundred and sixt3'-five thousand dollars. 

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

Approved April 19, 1893. 

An Act to provide for prixtixg the reports of the trustees (Jhnj) 223 

OF THE MASSACHUSETTS HOSPITAL FOR DIPSOMANIACS AND IN- 
EBRIATES. 

Be it enacted, etc., as follows: 

Sectiox 1. There shall be printed annually as a public Report of 
document two thousand copies of the report of the trustees MaLtchusetts 
of the Massachusetts hospital for dipsomaniacs and ine- di>omini*ac8 
briates. Said copies shall be distributed in the same and inebriatea. 
manner as the annual reports of the several lunatic 
hospitals. 

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

Approved April 19, 1893. 



Chap.224. 



An Act relative to trust deposits with the treasurer of 

THE commonwealth. 

Be it enacted, etc., as follows : 

Sectiox 1. Xo corporation required bylaw to make a Trust deposits 
deposit in trust with the treasurer of the Commonwealth rnd^eceiver^'^ 
shall hereafter deposit, as a part or the whole of said trust g«"®''^'- 
deposit, any mortgage of real estate or any loan upon 
personal note or notes secured by collateral. 

Sectiox 2. So much of section seventy-nine and Repeal. 
section ninety-four of the Massachusetts insurance act of 
eighteen hundred and eighty-seven, and acts in amendment 
thereof, as is inconsistent herewith, is here1)y repealed. 



870 



Acts, 1893. — Chap. 225. 



Treasurer may 
receive and 
hold money, 
certificates, 
etc., until, etc. 



Section 3. The treasurer of the Commonwealth may 
in his discretion receive in trust as a part of such deposit, 
as required by law of any corporation, money or certificates 
of deposit, or certified checks on any approved state 
depositary, and may hold the same in trust without inter- 
est, until the same may reasonably be invested in a proper 
legal security. 

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

Aj)j)roved April 19, 1893. 



ChClV-^^^ "^-^ '^^^ ^^ AUTHORIZE CITIES AND TOWNS TO ESTABLISH 

MAINTAIN PUBLIC PLAYGROUNDS. 



Public play- 
grounds may be 
established and 
maintained. 



Proviso. 



Powers and 
duties of park 
commission. 



Damages. 



A description of 
land taken, etc., 
to be recorded 
in registry of 
deeds. 



Be it enacted, etc., as Jollows: 

Section 1. Any city or town in the Commonwealth 
is herebv authorized to take land and riohts in land, in 
fee or otherwise, within its limits, by gift, purchase, 
eminent domain or otherwise, or to liire or lease the same 
for such period and at such annual rental as may be agreed 
upon, and to hold, preserve and maintain such land as 
public playgrounds : provided, however, that no land shall 
be purchased, taken or hired for this purpose until an 
appropriation sufficient to cover the estimated expense 
thereof shall, in a city, have been made by the city 
council, or in a town, by a legal town meeting. When a 
park commission constituted under the laws of this Com- 
monwealth exists, or is hereafter established, in a city or 
town, the powers and duties granted or imposed b}^ this 
act and other acts hereafter passed with reference to public 
playgrounds shall be exercised through such park com- 
mission. 

Section 2. The city or tQwn, or its park commission- 
ers, if any, shall estimate and determine as near as may 
be all damages sustained by any person or corporation by 
the taking of land or by other acts in execution of the 
powers herein granted ; but any party aggrieved by such 
determination may have the damages assessed in the man- 
ner provided by law with respect to damages sustained by 
reason of the laying out of ways. If upon trial damages 
shall be increased bej^ond the aMard the party shall 
recover costs ; otherwise he shall pay costs ; and costs 
shall be taxed as in civil cases. Within sixty days after 
the taking of any land under this act, the city or town, or 
park commission, as the case may be, shall file and cause 



Acts, 1893. — Chap. 226. 871 

to bo recorded in the proper registry of deeds a descrij)- 
tion thereof sufiicicntly accurate for identiti cation, with a 
statement of the i)urpose for which the same was taken ; 
and no suit for damages shall be l)rought after the expira- 
tion of two years from the date of such recording. 

Section 3. Any town or city, except the city of may b'efn^TOrred 
Boston, in order to meet the expense of acquiring land for be^■.onddebt 
the purposes of this act, may incur indebtedness beyond 
the limit of indebtedness fixed by law, and may issue 
bonds, notes or scrip therefor. But the indebtedness so 
incurred be3'ond the debt limit shall not exceed one half 
of one per cent, of the assessed valuation of said toAvn or 
city. The securities so issued shall be payable within 
thirty years from the date thereof, and it shall not be 
necessary to establish a sinking fund for the payment of 
the same unless the town or city shall so vote. The pro- p. s. 29, and 
visions of chapter twenty-nine of the Public Statutes and appiy."^° *' 
of acts in amendment thereof and addition thereto shall, 
except as herein otherwise provided, apply to the indebted- 
ness hereby authorized and the securities issued hereunder. 

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

Ajyj^roved April 19, 1893. 



An Act kelating to the incokporation of cluks. 
Be it enacted, etc., as follows: 



Clia]).Wo 



Section 1. Section one of chapter four hundred thirty- isqo, 439. §1, 



amended. 



nine of the acts of the year eighteen hundred and ninety 

is herel^y amended by striking out the word " shall", in 

the fifth line, and inserting in place thereof the word : — 

may, — and by inserting after the word "board", in the 

twenty-sixth line, the words: — or otherwise, — so as to 

read as follows : — Section 1. Before the secretary of the secretary of the 

Commonwealth shall make and issue the certificates })ro- mayTenTstate^ 

vided for in chapter one hundred and fifteen of the Pu1)lic °nd°li'de^en,'^ 

Statutes, relative to the incorporation of any of the societies selectmen, etc. 

named in section two of said cha})ter, he may forward a 

statement to the selectmen of the town or to the mayor 

and aldermen of the city, except in the city of Boston to 

the board of police, in the town or city in which such 

society is to have its principal office or rooms, giving a 

list of the names of the persons who have asked to ])e 

incorporated, the purpose of the organization stated l)y 

the applicants, the location proposed to be occupied, and 

all other facts which may be set forth in the application 



872 



Acts, 1893. — Chap. 226. 



Selectmen, 
mayor and 
aldermen, etc., 
to investigate 
and report. 



Certificate of 
incorporation 
may be refused, 



1890, 439, §2, 
amended. 



Selectmen, 
mayor and 
aldermen, etc., 
to gi%'e notice 
of conviction 
of members of 
clubs, etc. 



Charter of club 
to be declared 
void. 



for incorporation. It shall be the duty of the selectmen 
or mayor and aldermen, or board of police of the city of 
Boston, receiving the statement described alcove from the 
secretary of the Commonwealth, to immediately make an 
investigation, inquiring whether any of the proposed 
incorporators have been engaged in the illegal selling of 
intoxicating liquors or in keeping places or tenements 
used for the purpose of illegal gaming, or whether they 
have been engaged in any other business or vocation pro- 
hil)ited by law ; and the said board shall forthwith make 
a report to the secretary of the Commonwealth, setting 
forth all the facts ascertained. If, in the opinion of the 
secretary of the Commonwealth, it shall appear from the 
report of said board, or otherwise, that the probable pur- 
pose of the formation of the proposed organization is to 
cover any illegal liusiness, then the secretary of the Com- 
monwealth shall refuse to issue his certificate, and the 
organization shall not be incorporated. 

Sectiox 2 . Section two of chapter four hundred thirty- 
nine of the acts of the year eighteen hundred and ninety 
is hereby amended by inserting after the word ' ' premises ", 
in the seventh line, the words : — or whenever satisfactory 
evidence shall appear that the premises occupied 1)y such 
club or organization are used for the illegal sale of intoxi- 
cating liquors, or for illegal gaming, — so as to read as 
follows : — Section 2. AVhenever any person connected 
with any club or organization hereafter incoi'porated, 
described in section two, chapter one hundred and fifteen 
of the Public Statutes, is convicted of exposing and 
keeping for sale or of selling intoxicating liquor upon the 
premises occupied by said club or organization, or of 
illegal gaming upon said premises, or whenever satisfactory 
evidence shall appear that the premises occupied by such 
club or organization are used for the illegal sale of intoxi- 
cating liquors, or for illegal gaming, the selectmen of the 
town or the mayor and aldermen of the city, except in 
the city of Boston the board of police, within the town or 
city where such club or organization is situated shall im- 
mediately notify the secretary of the Commonwealth, and 
he shall upon receipt of such notice declare the charter of 
said club void ; and the secretary of the Commonwealth 
shall publish a notice, in at least one newspaper published 
in the county where said club or organization is situated, 
that such incorporation is void and of no further efiect. 

Approved April 19, 1893. 



Acts, 1893. — Chaps. 227, 228, 229. 873 

Ax Act kelativi: to tiii: sale of dklgs and medicines. OAg19.227 
Be it enacted, etc., afi follows : 

Section nine of chapter three hundred and thirteen of amended. ' 
the acts of the year eighteen hundred and eighty-five is 
hereb}'' amended by inserting after the word " purposes", 
in the fourth line, the words: — or shall keep or expose 
for sale, — so that said section as amended shall read as 
follows : — Section 9. "Whoever not being registered as Penalty on per- 
aforesaid shall, by himself or his agent or servant, unless ter°ed°a° phf '/." 
such agent or servant is so registered, retail, compound "emng^etc., 
for sale or dispense for medicinal purposes, or shall keep ^"g^lj^^gg 
or expose for sale, drugs, medicines, chemicals or poisons, 
shall be punished by a fine not exceeding fifty dollars. 
But nothing in this act shall be construed to prohibit the Employment of 
employment of apprentices or assistants under the per- ^pp^^^^' c««' ^'<'« 
sonal supervision of a registered pharmacist. 

Approved April 19, 1893. 

Ax Act to coxfikm the proceedings of the annual town (7^^19.228 

MEETING OF THE TOAV^" OF LAKEVILLE. 

Be it enacted, etc, as follows: 

The proceedings of the annual town meetino- of the town Proceedings of 

/• T 1 Ml 111 1 J- ji 1 /» -v'^'r 1 • ii town meeting 

01 Liakeville, held on the twentieth day oi Jlarch m the confirmed. 
year eighteen hundred and ninety-three, shall not be in- 
valid by reason of any failure to use a proper check list 
in the choice of moderator for said meeting ; and the pro- 
ceedings of said meeting are hereby ratified, confirmed and 
made legal. Approved April 19, 1893. 

An Act to incorporate the Jamaica plain trust company, nj^nr) 229 
Be it enacted, etc., as follows: 

Section 1. Joseph Stedman,. George Faulkner, Mark Jamaica piain 
R. Wendell, John R. Alley, Henry R. Reed, Thomas P. i^cofporTe^d"."^ 
Proctor, Thomas L. Livermore, Charles B. Cummings, 
.John M. Call and E. Peabody Gerry, their associates and 
successors, are hereby made a corporation by the name of 
the Jamaica Plain Trust Company, with authority to 
establish and maintain a safe deposit, loan and trust com- 
pany, in that part of the city of Boston called Jamaica 
Plain ; with all the powers and privileges and subject to 



874 Acts, 1893. — Chaps. 230, 231, 232. 

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. 

Apjjroved April 20, 1893. 

Chcip.230 -^ Act eelative to the business of savings banks, institu- 
tions FOR SAVINGS AND TRUST COMPANIES. 

Be it enacted, etc., asjollows: 

u&utl^ti^i°^ Section 1. Xo bank, and no person or persons, asso- 
buBinessasa ciatiou or bodv Corporate, except savings banks and insti- 
prohibited, tutious for saviugs, incorporated under the laws of the 
except, etc. Commou Wealth, and trust companies so incorporated pre- 
vious to the hrst day of January in the year eighteen 
hundred and ninetv-three, which are oroanized and doinor 
business on the first day of October in said year, shall 
advertise or put forth a sign as a savings l)ank, or in any 
Penalty. way solicit or receive deposits as a savings ])ank. Every 

bank, association, corporation or person violating this 
provision shall forfeit for every offence the sum of one 
hundred dollars for every day such offence shall be con- 
tinued. 
To take effect Sectiox 2. Tliis act shall take effect on the first day 
'^ ■ ' "■ of October in the year eighteen hundred and ninety-three. 

Approved April 20, 1893. 

(J Jiaj). 231 -^^ Act to establish the salary of the ADDITIONAL CLERK 
IN THE OFFICE OF THE ADJUTANT GENERAL. 

Be it enacted, etc., asfollotvs: 
Salary eetab- Section 1. The Salary of the additional clerk in the 

office of the adjutant general shall be two thousand dollars 
a year, to be so allowed from the first daj"" of January in 
the year eighteen hundred and ninety-three. 

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

Approved April 24, 1893. 



An Act relative to the fairhaven water company. 
Be it enacted, etc., asfolloivs: 
38if'revf4d^and Section 1. Chapter ouc huudrcd and nincty-six of tlic 



Chap.232 

1888, 196; 1889, 
381, revived and 

fwce""^^ i° acts of the year eighteen hundred and eighty-eight, entitled, 
an act to incorporate the Fairhaven AVater Company, and 
chapter three hiaidred and eighty-one of the acts of the 



Acts, 1893.— Chap. 232. 875 

year eighteen hundred and eiirhty-nine, entitled, an act to 
authorize the Fairhaven AVater Company to increase its 
capital stock and to take an additional source of water 
sujiply, are hereby revived and continued in force. 

Section 2. The town of Fairhaven shall have the right Town of Fair- 
at au}^ time to take, by purchase or otherwise, the fran- frTnchUeypropt 
chise, corporate pro})erty and all the rights and privileges an/ time.' '^' 
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 l)e added 
to the total cost ; and if the income derived from said works 
by said corporation exceeds in any year the cost of main- 
taining and operating said works for that year, then such 
excess shall be deducted from the total cost. An itemized statement of 

. , , . ^ , . -, receipts and ex- 

statement ot the receipts and expenditures ot the said cor- penditures to be 
poration shall be annually submitted to the selectmen ™* ^^^'^^^ y- 
of the town of Fairhaven, and by said selectmen to the 
citizens of said town. If said corporation has incurred 
indebtedness, the amount of such indel)tedness outstand- 
ing 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 corporation under the fore- 
going provisions of this section. This authority to pur- purchase to be 
chase such franchise and property is granted on condition fwo^^htrdl^ote? 
that the purchase is assented to by said town l)y a two 
thirds vote of the voters of said town present and voting 
thereon at a meeting legally called for that purpose. 

Sectiox 3. The time within which work was to be work to be 
commenced as provided in said chapter one hundred and ^?h'hftwo^ 
ninety-six of the acts of the year eighteen hundred and y®'*''®- 
eighty-eight, and said chapter three hundred and eighty- 
one of the acts of the year eighteen hundred and eighty- 
nine, is hereby extended for a term of two years from the 
passage of this act. 

Sectiox 4. All acts done or attempted to he done ]>y certain pro- 
the said Fairhaven Water Company, or by the corporators {Irmedf* '^°^' 
or stockholders of said company, between the ninth day 
of April in the year eighteen hundred and ninety and the 



876 



Acts, 1893. — Chaps. 233, 234. 



date of the passage of this act, are hereby confirmed and 
made valid to the same extent as though the said corpora- 
tion had l)een during that time legally existing. 

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

Approved April 24, 1893. 



May incur in- 
debtedness 
beyond debt 
limit for sewer 
age purposes. 



C^rtr>.233 -^^ -'^CT TO AUTHORIZE THE CITY OF XEWTON TO INCUR INDEBT- 
EDNESS BEYOND THE LIMIT FIXED 15Y LAAV% FOR SEWERAGE 
PURPOSES. 

Be it enacted, etc., as folloivs : 

Sectiox 1. The city of Newton, for the purpose of 
making and constructing main drains and common sewers, 
may incur indel)tedness to an amount not exceeding seven 
hundred and fifty thousand dollars beyond the limit of 
indebtedness fixed l)y law, and may from time to time 
issue bonds, notes or scrip therefor, payable in periods 
not exceeding thirty years from the date of issue ; liut the 
provisions of chapter twenty-nine of the Public Statutes 
and acts in amendment thereof or supplementary thereto, 
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. 

Ap2)7'oved April 24, 1893. 



Chap.234: 



The Rhode 
Island and 
Massachusetts 
Christian 
Benevolent 
Society incor- 
porated. 



Purposes of 
corporation. 



An Act to incorporate the rhode island and Massachusetts 

CHRISTIAN benevolent SOCIETY. 

Be it enacted, etc., as follows : 

Section 1. Isaac H. Coe, John McCalman, Charles R. 
Sherman, William B. Sherman, Ambrose E. Luce, Isaiah 
Wood and Benjamin S. Batchelor, their associates and 
successors, are hereby made a corporation by the name of 
The Rhode Island and Massachusetts Christian Benevo- 
lent Society, with all the powers and privileges and sub- 
ject to all the duties, lial)ilities and restrictions set forth 
in the general laws which now are or hereafter may be in 
force relating to such corporations, so far as the same may 
be applicable. 

Section 2 The object of this corporation shall be to 
collect, receive and hold moneys given by contribution, 
donation, bequest or otherwise ; and the same shall be 
exclusively expended for the purpose of affording assist- 
ance to ministers of the gospel who are or may hereafter 



Acts, 1893. — Chaps. 235, 236. 877 

become nioinl)ers of said l)oiievolciit society, and of the 
Ehode Island and Massachusetts Christian Conference, 
and also ministerial life members of said society, who may 
by sickness or other misfortunes become needy, and to 
aid the widoAvs and or])hans of such ministers. 

Section o. Said cor|)orati()n is hereby authorized to May hoia prop- 
hold real and personal estate to an amount not exceeding ceeding $30 ooo. 
thirty thousand dollars, to be devoted to the objects here- 
inl)efore set forth. 

Sectidx 4. Said corporation is hereby authorized to riaccBof 
hold its meetings within the states ot Massachusetts, Rhode 
Island and Connecticut. 

Sectiox 5. This act shall take effect upon its passage. 

A2)proi'ed April 24, 1893. 



meeting. 



Chap.2d5 



An Act relative to qualifications fou membeksiiip in 
tiiurber medical association. 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter fifteen of the acts is59, is, §2, 
of the year eighteen hundred and fifty-nine is hereby 
amended by inserting in the first line of said section, after 
the word " shall", the word : — hereafter, — also by strik- 
ing out in the second and third lines, the words " member 
of the Massachusetts Medical Society ", and inserting in 
place thereof the words : — physician in good standing and 
a graduate of a regular accredited medical college, — so 
as to read as follows : — /Section 2. No person shall here- Persons who 
after be admitted a meml»er of this association unless he ™d^as nfernbers. 
shall be a physician in good standing and a graduate of a 
regular accredited medical college. 

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

Approved April 24, 1893. 

An Act to authorize the toavn of anuover to elect a /^7,yy^ 2S6 

BOARD OF SEWER COMMISSIONERS. -* 

Be it enacted, etc., as folloics : 

Section 1. The town of Andover, at any meeting Board of sewer 

- ' - ^ commissioners, 

called tor the purpose, may elect a l)oard 01 sewer com- elections, terms 
missioners to consist of three persons, to hold office for " '^ ce, ec. 
one year, two years and three years, respectively, from 
the date of the meeting at which they are elected, if the 
same is an annual meeting, and if they are elected at a 



878 Acts, 1893. — Chap. 237. 

special meetino- they shall hold office until one, two and 
three years, respectively, from the annual meetino* next 
following their election, and in either case until their suc- 
cessors are chosen ; and at each annual town meeting 
when the term of one of said commissioners expires said 
town shall elect one member of said Ijoard to serve for 
three years, or' until his successor is elected. If a vacancy 
shall occur in said board said town may, at any meeting 
called for the purpose, elect a person to fill said vacancy, 
uabiiufes^etc?' ^^ ^^^ matters concerning drains and sewers said board of 
commissioners shall have all the powers and be su1)ject to 
all the duties, liabilities and penalties which are now or 
may hereafter be conferred or imposed l:)y general laws 
upon selectmen or road commissioners. 

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

Approved April 24, 1893. 

Ghcip.^^l Ax Act to compel compliance with the law requiring 

RELIEF TO BE FLRXISHED TO INDIGENT SOLDIERS AND SAILORS 
AND THEIR FAMILIES. 

Be it enacted, etc., as follows : 

^dermenor Sectiox 1. lu cascs whcrc a persou is entitled to 

selectmen to soldicr's relief from a citv or town, under the i:)rovisions 

furniBh soldier's „, , , ii'i/» ci i^i 

relief to persons ot Chapter lour hundred and lorty-seven or the acts ot the 
3^ear eighteen hundred and ninety, it shall be the duty of 
the mayor and aldermen of such city, or the selectmen of 
such town, to furnish such relief, without vote of the city 
conncil or of the voters of such town authorizing them 

Proceedings in therctO. If the mavor and aldermen oi" the selectmen tail 

case of failure • i i'- p • i 

to furnish relief, to fumisli si^ch relict, any person aggrieved may make 
complaint to the district attorney of the district in which 
such city or ti^^n is situated, who shall forthwith notify 
said officials th^at complaint has been made to him, which 
notice, in the ca'se of cities shall be sufficient if delivered 
to the mayor, aiid in the case of towns if delivered to a 

Penalty. majority of the selectmen. And if the case is one proper 

for the ijranting 'Of relief under said act, and said select- 
men or said mtvvoi" Ji'^d aldermen fail to grant such relief 
within ten davs" at^er notice from the district attorney, as 
aforesaid, said seletPtmen so notified and said mayor and 
aldermen shall sevi^i'ally be liable to a penalty of not 
exceeding one hundred dollars and not less than twenty 
dollars, and the dist I'ict attorney shall forthwith, upon 



Acts, 1893. — Chaps. 238, 239. 879 

the ex]>ivation of said ten days, institute proceedings for 
the enforcement of such penalty. 

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

Ajjproved Ajml 24, 1893. 



Cha2).238 



An Act ix kelatiox to the jurisdiction of county com- 

MISSIONEKS. 

Be it enacted, etc., as follows : 

Section 1. When a petition shall be presented to the Proceedings of 

.. . '■ -ijii tji county corn- 

county commissioners in any county, and the board then missionere 

in session is so constituted that one of its meml)ers would mist^one^u'dis- 
be disqualified to hear and determine the su1)ject-matter H"22f§i7!^ ^' 
of said petition, by the provisions of section seventeen of 
chapter twenty-two of the Public Statutes, the said board 
shall have power to receive said petition, take a recogni- 
zance, and issue an order of notice thereon, anything in 
the provisions of said section and chapter to the contrary 
notwithstanding. 

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

Approved April 24, 1893. 



Chap.2^9 



An Act to incorpoeate the newburyport board of trade. 
Be it enacted, etc., asfolloics: 

Section 1. Albert C. Titcomb, George W. Richard- ^"«^^"7p?''' 

• 1 Board of Trade 

son, George H. Plummer, Elisha P. Dodge, Philip K. incorporated. 
Hill, Thomas E. Cutter, John N. Pike, John H. Balch, jr., 
"William Holker, James H. Higgins, AVilliam J. Creasey, 
AVilliam G. Fisher, Lawrence \V. Piper, James W. Wat- 
son, Hale Knight, Fred E. Smith, their associates and 
successors, are hereby made a corporation by the name 
of the Newburyport Board of Trade, for the purpose of 
promoting trade and manufactures in the city of Newbury- 
port and its vicinity : with all the power 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 applical^le to such corporations : provided, ^°^^° ^J^l^'^ '° 
hovever, that this act shall not be construed to authorize 
said corporation to trafiic in goods, wares or merchandise 
of any descnption. 

Section 2. Said corporation may hold real and per- Mayhoiaprop- 
sonal property to an amount not exceeding fifty thousand ceeding'$To",ooo, 
dollars, to be used for the purposes of said corporation, ^*°- 



880 



Acts, 1893. — Chap. 240. 



and the said corporation may issue l>onds, and may exe- 
cute mortgages upon its real estate to an amount not ex- 
ceeding the vahie of sucli real estate and the improvements 
thereon. 

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

Apjyroved April 24, 1S93. 



(JJia7).24.0 ^^ ^^"^ '^'^ SUPPLY THE TOAVX OF WEST HRIDOEWATEK AVITH 

AVATEK. 



Town of West 
Bridgewater 
maj' supply 
itself with 
water. 



May take 
waters, lands, 
etc. 



May erect build- 
ings, lay down 
pipes, etc. 



To cause to be 
recorded in 
registry of 



Be it enacted, etc., asfolloivs: 

Sectiox 1. The town of West Bridge water may sup- 
pi}^ itself and its inhal)itants with water for the extinguish- 
ment of fires and for domestic and other purposes ; may 
establish fountains and hydrants, relocate or discontinue 
the same ; may regulate the use of such water and fix and 
collect rates to be })aid for the use of the same. 

Section 2. The said town, for the purposes aforesaid, 
may take, by purchase or otherwise, and hold the waters 
of any ponds, springs, streams, artesian or driven wells, 
or filter galleries, within the limits of said town of West 
Bridgewater, and the water rights and water sources con- 
nected therewith; and also all lands, rights of way and 
easements necessary for holding and preserving such water 
and for conveying the same to any })art of said town of 
West Bridgewater ; and may erect on the land thus taken 
or held proper dams, Iniildings, fixtures and other struct- 
ures, and may make excavations, procure and operate 
machinery, and provide such other means and appliances 
as may l)e necessary for the establishment and maintenance 
of complete and ettective water works ; and may construct 
and lay down conduits, pipes and other works, under or 
over any lands, water courses, railroads, or public or pri- 
vate ways, and along any such way 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 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 thereon. 

Section 3. The said town shall, within sixty days 
after the taking of any lands, rights of way, water rights, 



Acts, 1893. — Chap. 240. 881 



water sources or easements as aforesaid, otherwise than deeds a de- 
bv purchase, lile and cause to l)e recorded in tlie reiiistry ^anTs.'etc", 
of deeds for the county and district Avithin Avhicii the same "''''^"' 
are situated, a description thereof suliiciently accurate for 
identitication, with a statement of the purposes for which 
the same were taken, signed by the water commissioners 
hereinafter provided for. 

Section 4. The said town shall pay all damages su,s- Damages, 
tained by any person or corporation in property Ijy the 
taldng of any land, right of way, water, water source, 
water right or easement, or any other thing done hy said 
town, by the city of Brockton, or by the Bridge waters 
Water Company, under the authority of this act. Any 
person or corporation entitled to damages as aforesaid 
under this act, who fails to agree with said town as to the 
amount of damages sustained, 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 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 ; ])ut no application shall ])e made after the expiration 
of said three years. No application for assessment of 
damages shall be made for the taking of any water, water 
right, or any injury thereto, until the water is actually 
withdrawn or diverted by said town under the authority 
of this act. 

Sectiox 5. The said town may, for the purpose of westBridge- 

•^ ' . J- .J- water Water 

paying the necessary expenses and liabilities incurred Loaiinotex- 
under the provisions of this act, issue from time to time °^^ '°^ 
l)onds, notes or scrip to any amount not exceeding in the 
aggregate sixty thousand dollars ; such l)onds, notes and 
scrip shall bear on their face the words. West Bridge- 
water Water Loan ; shall be payal^le at the expiration of 
periods not exceeding thirty years from the date of issue ; 
shall bear interest payaljle semi-annually at a rate not 
exceeding six per centum per annum and shall be signed 
by the treasurer and be countersigned by the selectmen 
of the town. The said town may sell such securities at 
public or private sale, or pledge the same for money l)or- 
rowed for the purposes of this act, and upon such terms 
and conditions as it may deem proper. The said town sinking fund. 
shall pay the interest on said loan as it accrues, and shall 
provide at the time of contractino; said loan for the 



882 



Acts, 1893. — Chap. 240. 



Annual pro- 
portionate 
payments. 



Return of 
amount of sink- 
ing fund or 
annual pay- 
ments. 



Payment of 
expenses, 
interest on 
loan, etc. 



Penalty for 
wilful corrup- 
tion or diversion 
of water, etc. 



Water commis- 
sioners, elec- 
tion, terms of 



establishment of a sinking fund, and shall annually con- 
tribute to such fund a sum sufficient with the accumula- 
tions thereof to pay the principal of said loan at maturity. 
The said sinkin": 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 
sinking fund, may at the time of authorizing said loan 
provide for the paj^ment thereof in such annual pro- 
portionate payments as will extinguish the same within 
the time prescribed in this act ; and when such vote has 
been passed 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. 

Sectiox 7. The return required by section ninety-one 
of chapter eleven of the Public Statutes shall state the 
amount of any sinking fund established under this act, 
and, if 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 
taxation a sum which with the income derived from the 
water rates will be sufficient to pay the current annual 
expenses of operating its water works and the interest as 
it accrues on the bonds, notes and scrip issued as aforesaid 
by said town, and to make such contributions to the sink- 
ing fund and payments on the principal as may be required 
under the provisions of this act. 

Section 9. Whoever wilfully or wantonly corrupts, 
polhites or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed therefor, 
to be recovered in an action of tort ; and upon conviction 
of either of the above wilful or wanton acts shall be 
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 



Acts, 1893. — Chap. 240. 883 



by ballot three persons to hold office, one until the expi- d![uee^e*tr*"'' 
ration of three years, one until the expiration of two 
years and one until the expiration of one year from the 
next suceeediniT annual town meeting, to constitute a 
l)oard 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 to both 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. 

Sectiox 11. The precedinir sections of this act shall sections i-io 

. i f^ 1 • 1 f ^^^^ effect upon 

ta,ke etiect upon their acceptance by a two thirds vote oi acceptance, etc. 

the voters of said town present 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 

ballots the check list shall be used in the same manner as 

it is used at elections of national, state and county officers. 

Sectiox 12. The said town of West Bridge water may Town maj cen- 
at any time contract with the city of Brockton or with o?Brocku.n'i«,d 
the Bridgewaters AVater Com})any, or with both, for a witl^com!^^ 
suiiply of water for the use of said town and its inhabitants, pany for wi.tcr 

t . supply. 

for the extinguishment of fires and for domestic and other 
l)ur})oses, upon terms to be mutually agreed between 
the parties so contracting, and may make connections of 
its conduits or i)ipes with those of said city or said water 
company, either or both, as may be necessary for the 
l)urpose. And said city and said water company are 
authorized to make such contracts and connections, and to 
furnish water to said town for the purposes aforesaid, 
from any source from which they are authorized to take 
water bv any law of this Commonwealth. 



884 Acts, 1893. — Chap. 240. 



City or water Section 13. If Said town of West Brido:ewater shall 

company may , . . . , . , ^ 

construct and contract With Said City or with said water company for a 
pipes, etc. ' supply of watcr as provided in the preceding section, 
then the said city or said water company, either or both, 
as the case may be, may construct, erect and lay conduits, 
hydrants, pipes and other works in, on, under or over any 
water course, railroad, j^ublic or private way, and along 
such ways in said West Bridgewater in such manner as 
not unnecessarily to obstruct the same ; and for the pur- 
pose of constructing, repairing and maintaining such con- 
duits, hydrants, pipes and other works, and for all 
purposes of this act, the said city and the said water 
company, under the direction of the selectmen of said 
town, with the consent of said town first obtained, may 
dig up said ways and may dig under such railroad and 
water courses in such manner as to cause the least hin- 
drance to the public travel on such w^ays and such railroad, 
and obstruction to such water courses. 
ca"uduit™%i*pe'^B* Section 14. In case the said city or the said water 
.•tc, atany coiiipany shall construct conduits, hydrants, pipes or 
other works in said town of West Bridgewater, as pro- 
vided in the two preceding sections, the said town of 
West Bridgewater shall have the right at any time to 
take, by purchase or otherwise, the conduits, hydrants, 
pipes and other works constructed and put in by said city 
or by said water company, with or without the right to 
receive water through said conduits or pipes from said 
city or said water company, u})on such terms and at such 
price as may have been agreed upon before said conduits, 
pipes, hydrants and other works were constructed and 
put in, between said town and said city or said w^ater 
company, or at a price w^hich may be mutually agreed 
upon between said parties ; and the said city and the 
said water company are authorized to make sale of the 
same to the said town. If the said town and said city 
of Brockton, or the said tow-n and said water company, 
as the case may be, are unable to agree upon the com- 
pensation to be paid to the said city or the said water 
company by said tow^n, upon such taking, then the com- 
pensation to be paid in such case by said town shall be 
determined by three commissioners to be appointed by 
the supreme judicial court, upon application of either 
party and due notice to the other, whose award when 
accepted by said court shall be binding upon all parties. 



Acts, 1S93. — Chaps. 241, 242. 885 

This authority to take, hy purchase or otherwise, said con- Taking to be 
duits, hydrants, pii)es and other works which may have two twrds^ydte". 
been constructed and put in by said city or Ijy said water 
company, under the provisions of this act, is granted on 
tlic condition that such takino- is authorized or assented to 
hy a two thirds vote of the voters of said town present 
and voting at a meeting called for that purpose. 

Sectiox 15. The said town, said city and said water Authority given 
com})any are authorized to enter into any contracts neces- contracts, 
sary to carry into effect the provisions of this act. 

.Section 16. This act, except as otherwise provided ^ectV° '^"'^^ 
herein, shall take effect upon its passage. 

Approved April 24, 1893. 

An Act relating to persons imprisoned for non-payment of (7^an.241 

A POLL TAX. 

Be it enacted, etc., asfolloivs: 

Section' 1. Section eighteen of chapter three hundred amended. ^^^' 
and ninety of the acts of the year eighteen hundred and 
eighty-eight is hereby amended by adding thereto the fol- 
lowing words : — But a person imprisoned for non-pay- 
ment of a [x)ll tax shall not l)e detained in prison more 
than twenty days, — so as to read as follows : — Section 
18. If a person refuses or neglects for fourteen days Person may be 
after demand to pay his tax, and the collector cannot find non-paymeut°of 
suiBcient goods upon wdiich it may be levied, he may take ^ ^°" '*^' 
the body of such person and commit him to prison, there 
to remain until he pays the tax and charges of commit- 
ment and imprisonment, or is discharged by order of law. 
But a person imprisoned for non-payment of a poll tax imprisonment 
shall not be detained in prison more than twenty days. twenVdayt. 

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

Approved April 24, 1893. 



ChapM2 



An Act to change the name of the second congregational 

RELIGIOUS society OF WEYMOUTH. 

Be it enacted, etc., as follows: 

Sectiox 1. The name of the Second Congregational Name changed. 



Religious Society of Weymouth is hereby changed to the 
Old South Congregational Religious Society of Weymouth. 

Section 2. All devises, bequests, conveyances and ^"egt'j^oid*^"' 
gifts heretofore or hereafter made to said corj^oration by south congre- 



886 



Acts, 1893. — Chaps. 243, 244. 



gational 
Religious 
Society of 
Weymouth. 



either of said names shall vest in the Old South Congre- 
gational Eeligious Society of Weymouth. 

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

Approved April 24, 1893. 



Chap.24^S A^ Act to require the cokstrlction of a railroad passenger 

STATION IN THE TOWN OF UXBKIDGE. 



Construction 
of a railroad 
passenger 
station in Ux- 
bridge. 



Penalty for 
delay in com- 
pletion of 
station, etc. 



Be it enacted, etc., as follows: 

Section 1. The Providence and Worcester Railroad 
Company is hereby required to construct, in the town of 
Uxbridge, a passenger station which shall be satisfactory 
to the board of railroad commissioners. Such construc- 
tion shall be commenced on or before the first day of July 
in the year eighteen hundred and ninety-three, or such 
later day as the railroad coumiissioners may fix, and shall 
be completed within six months thereafter, unless the rail- 
road commissioners shall upon hearing extend the time 
for such construction. 

Section 2. Said railroad company shall forfeit to the 
Commonwealth two hundred dolhirs for each month's delay 
in the completion of said station after the first day of Jan- 
uary in the year eighteen hundred and ninety-four, or 
after the expiration of such further time as the railroad 
commissioners may upon hearing prescribe, and the 
supreme judicial court shall have jurisdiction, upon the 
petition of ten or more citizens of Uxbridge, to enforce 
the provisions of this act. 

Approved April 24, 1893. 



Cha,p.24^4: ^^ A*^T REQUIRING THE COUNTY COMMISSIONERS OF THE COUNTY 
OF ESSEX TO LAY OUT AND CONSTRUCT A FOOTWAY BETWEEN 
HAVERHILL AND BRADFORD. 

Be it enacted, etc., as follows : 

S?8"8'ioDe'r°"o Section 1. The county commissioners for the county 

'struct a footway ^f Esscx shall, as soou as possiblc after the passage of this 

^?t^een Haver- act and bcforc tlic first day of November in the year 

ford. eighteen hundred and ninety-three, lay out and construct 

a footway for the common use of foot passengers, from a 

point on Elm street in Bradford in said county, over the 

Newburyport branch of the Boston and Maine Railroad, to 

and across the Merrimac River, to a point on Washington 

street near the east side of the crossing of the Boston and 



Acts, 1893. — Chap. 244. 887 

Maine Railroad in Havorliill in said county ; and for that 
purpose may attach a sidewalk to the bridge of the Boston 
and Maine Railroad over the Merriinac river between 
Haverhill and Bradford, which sidewalk shall be a part 
of said footway and shall be so built as not to endanger 
the safety of said bridge. The manner of construction To be approved 
and position of attachment of said sidewalk to said bridge commisBfouers. 
shall be subject to the approval of the railroad commis- 
sioners. 

Section 2. To secure and accomplish the objects of m^ggloneiTmay 
the preceding section, and for the purpose of obtaining take lands, etc. 
convenient approaches to said sidewalk, said county com- 
missioners may take such lands, buildings and wharves of 
any person or corporation, as they may deem necessary : 
provided, that they shall not take up or remove any track Proviso. 
now laid or building or structure now erected by the 
Boston and Maine Railroad, except with the consent of 
the directors of said railroad, nor erect or place any 
structure over any track of said railroad which shall 
prevent the convenient passage of trains thereon, nor 
shall any part of said footway be laid out or constructed 
to cross any track of said railroad at grade. 

Section 3. Said county commissioners shall, within to cause to be 
sixty days after the taking of any lands, buildings or registry of 

1 /. • 1 1 * 'i.! • • i. J i\. J.1 deeds a descrlp- 

wharves as aioresaid, and within sixty days alter the ii.,n of lands, 
erection of any structure on or over any lands, buildings «tc., taken, 
or wharves as aforesaid, other than by agreement with 
the owner thereof, file and cause to be recorded in the 
registry of deeds for the southern district of Essex county, 
a description thereof sufficiently accurate for identifica- 
tion, with a statement of the purpose for which the same 
were taken or used, signed by the chairman of said com- 
missioners. 

Section 4. Any person or corporation sustaining Damages, 
damages in property by reason of any doings of said 
county commissioners under the authority of the preced- 
ing sections, who fails to agree with said commissioners 
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 anytime after said doings, of the county 
commissioners, and within a period of twelve months from 
the filing of the description and statement provided for in 
the preceding section ; but no application shall be made 



888 



Acts, 1893. — Chap. 244. 



Subject to 
requiremerits, 
etc., of railroad 
commissioDers 
and harbor and 
laDd commis- 
sioDers, etc. 



BoBton and 
Maine Railroad 
to allow foot- 
w«y to be 
attached to its 
bridge, etc. 



Railroad cor- 
poration not 
liable f'"" ex- 
pense?, dim- 
ages, etc. 



Payment of 
cost of con- 
struction. 



after the expiration of said twelve months. In assessing 
the damages to be recovered by said Boston and iSIaine 
Raih'oad said railroad shall be entitled to recover all 
damages resulting from the attachment of said sidewalk 
to said bridge, as well as all other damages. 

Section 5. In the location and construction of such 
footway, inckiding said sidewalk and approaches, said 
county commissioners shall conform to such requirements 
as may be made by the board of railroad commissioners 
and board of harbor and land commissioners, in the 
premises, and shall not proceed to the location and con- 
struction of the same until the plans therefor have been 
approved by said board of railroad commissioners and 
board of harbor and land commissioners. Said footway 
shall not, in any part where it is attached to said bridge, 
be more than four feet wide ; shall be planked, and shall 
in all parts thereof have good and sufficient rails or fences 
to secure the safety of travellers thereon, and where it 
crosses any track of said railroad, or of the Newburyport 
branch thereof, shall be constructed at least twenty feet 
above said track. 

Section 6. The Boston and ISIaine Railroad is hereby 
required to allow the said county commissioners to lay 
out said footway and to attach said sidewalk to its bridge 
over the Merrimac river between Haverhill and Bradford, 
as provided for in this act. 

Section 7. The Boston and Maine Railroad shall not 
be liable for the cost of building or maintaining said foot- 
way, or for damages for bodily injuries sustained by any 
person while travelling on said footway or while entering 
upon or leaving the same. Nothing in this act shall be 
construed in any way to affect or impair the obligations 
imposed upon said railroad by chapter two hundred and 
sixty-five of the acts of the year eighteen hundred and 
eighty-one. 

Section 8. The said county commissioners are au- 
thorized to receive and expend for the construction of said 
footway such sum or sums as may be raised for that pur- 
pose by private subscription, if any, and shall, after due 
notice to all parties interested and after a hearing of all 
such parties, proceed to apportion and assess upon the 
city of Haverhill and the town of Bradford the remaining 
cost of locating and constructing said footway, including 
said approaches and sidewalk, over and above the amount 



Acts, 1893. — Chap. 245. 880 

received from private subscription, and in case no such 
amount is received, the entire cost thereof, in such pro- 
iwrtion as they shall deem iust and equitable. Said Apportioument 

I ... 1 11 1 1 • 1 of expense of 

county conunissioners shall also determine what propor- "-epairB, imun- 
tion said city and town shall annually pay for the cost of ations, damagee, 
repairs and maintenance of said footway, including said ^'*^' 
approaches and sidewalk, and of any sums j^aid for dam- 
ages resulting from defects or want of repair in any part 
of said footway, and of any expense on account of said 
damages, and which shall have the care of the repairs and 
maintenance of said footway, including said approaches 
and sidewalk. In case at any time said bridge shall be 
reconstructed, or any alterations shall be made in said 
bridge requiring a change in said sidewalk as attached to 
said l)ridge, the city of Haverhill and the town of Brad- 
ford, in proportions to be fixed by said county commis- 
sioners, shall pay all expense of said alterations, re- 
modelling or rebuilding of the said sidewalk, 

Sectiox 9. The treasurer of the city or town having Annual stnte- 
the care of the repairs and maintenance of said footway, TeVl reco*V'eTy"of 
including said approaches and sidewalk, and paying there- ci't^^orVown.""^ 
for out of the treasury of said city of town, shall make 
a sworn statement to the said county commissioners of 
the annual expense thereof, including any sums paid for 
damages, and of any expense on account of such damages, 
on or before the first day of January in each year, and the 
city or town shall be entitled to recover in an action of 
contract from said other city or town the proportion said 
city or town should pay. 

Sectiox 10. The county commissioners of the said county confi. 

•^ . raiseionerB raay 

county of Essex are herel^y authorized to borrow on borrow money, 
the credit of said county such sums of money as may be 
necessary to comply with the provisions of this act. 
Section 11. This act shall take effect upon its passage. 

Approved April 24, 1893. 



Ax Act to authorize the city of brockton to incur indebted- niffin 9,A.K 

NESS 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 May incur in- 
constructing a system of sewerage and of sewage disposal, beyond dew 
and for the purchase of lands necessary thereto, is hereby age'pu°r^e^?'^' 
authorized to incur indebtedness in addition to the amount 



890 



Acts, 1893. — Chap. 246. 



AuBual pro- 
portionate pay- 
ments. 



P. 8.29, and 
ameDdments, to 

apply- 



lieretofore authorized to an amount not exceeding one 
hundred thousand dollars beyond the limit of indebtedness 
fixed by law, and may issue bonds, notes or scrip there- 
for. Said city shall provide for the payment of said 
indebtedness by lEixed annual proportionate payments, the 
first of said payments to be made not later than ten years 
from the date of incurring said indebtedness, and similar 
payments to be made in each year thereafter ; the aggre- 
gate amount of said annual jiayments shall be sufficient to 
extinguish the total indebtedness within the time required 
by law. The sinking fund of any loan of said city may 
be invested in securities issued under this act. 

Section 2. The provisions of chapter twenty-nine of 
the Public Statutes, and of acts in amendment thereof and 
addition thereto, except so far as the same relate to sink- 
ing funds, and except as otherwise provided herein, shall 
apply to the indebtedness authorized by this act and the 
securities issued hereunder. 

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

Approved April 24, 1893. 



Chop. 



246 ■^'^ ^^"^ RELATING TO THE MANUFACTURE AND SALE OF CLOTHING 
MADE IN UNHEALTHY PLACES. 



be given, etc. 



Be it enacted, etc., as follows: 

^oihiDgl^**'^'^^ Section 1. Whenever any house, room or place used 
made.etc.tobe jjs a dwcllinof, is also used for the puri)Ose of carrvino; on 

deemed a work- ~' . 1 , i. , . , . ~ ^ 

shop; notice to any proccss of making, alterino;, repairino- or finishino^ for 
sale any ready-made coats, vests, trousers, overcoats or 
any wearing apparel of any description whatsoever, 
intended for sale, it shall, within the meaning of this act, 
be deemed a workshop ; and every person so occupying 
or having control of any workshop as aforesaid shall, 
within fourteen days from the passage of this act or from 
the time of beginning work in any workshop as aforesaid, 
notify the chief of the district police or the special inspec- 
tor appointed for that purpose, of the location of such 
workshop, the nature of the work there carried on, and 
the number of persons therein employed ; the exercise of 
such work in a private house or private room however by 
the family dwelling therein, or by any of them, shall not 
of itself constitute such house or room a workshop within 
this definition : provided, that such family or any member 
of such family engaged in the process of making, altering, 



Liccnae to be 
prucured, etc. 



Acts, 1893. — Chap. 216. 891 

ropairiiiii" or rini.shing for sale aii}^ such coats, vests, 
trousers, overcoats or any wearing' apparel of any dcscrij)- 
tion wliatsover, intended for sale, in a })rivate house or 
private room used as a dwelling as aforesaid, shall before 
beginnino- .such work procure a license, a])])roved by the 
chief of the district police, upon the recommendation of 
the ins})ectors esj)ecially aj)])ointed for the enforcement of 
the provisions ot this act ; and no })erson, contractor, tirm 
or corporation shall give to any person not holding said 
license any such garments or articles of wearing apparel, 
intended for sale, to be made in any ])rivate house or room 
as aforesaid; and every such workshop, and every such To be kept in a 
private house or private room shall be kept in a cleanly pTments"ub- 
state and shall be subject to the provisions of this section ; {[on!" '°*p'^''" 
and each of said garments made, altered, repaired or 
finished for sale in any of such workshops, private houses 
or rooms shall be subject to the inspection and examina- 
tion of the ins})ectors 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 or con- 
tagious nature. 

Section 2. If said inspector tinds evidence of infec- state board of 

,. T . . , , . ^ health to be 

tious disease present in any workshop, or in goods manu- notified of 
factured or in the process of manufacture therein, he shall fecti')u7d°iB-'° 
report the same to the chief of the district police, wdio ease, etc. 
shall then notify the state board of health to examine said 
workshop and the materials used therein ; and if said 
board shall tind said shop in an unhealthy condition, or 
the clothing and materials used therein to be unfit for use, 
said board shall issue such order or orders as the public 
safety may require. 

Sectiox 3. AVhenever it shall be reported to said ^h°pped^,o this 
inspector, or to the chief of the district police, or to the Commonweiiuh 

1 1^111 • 1 /• 1 1 1 to be itispeciea, 

state board ot health, or either or them, that ready-made etc. 
coats, vests, trousers or overcoats are being shipped to 
this Commonwealth, having previously been manufactured 
in whole or in part under unhealthy conditions, said 
inspector shall examine said goods and the condition of 
their manufacture, and if upon such examination said 
goods or any of them are found to contain vermin, or to 
have been made in improper places or under unhealthy 
conditions, he shall make report thereof to the state board 
of health, which board shall thereupon make such order or 
orders as the safety of the public shall require. 



892 



Acts, 1893. — Chap. 247. 



Label to be 
attached to 
tenement made 
clothing. 



Garments not 
to be sold with- 
out a label, etc. 



Penalty. 



.Section 4. Whoever knowingly sells or exposes for 
sale any ready-made coats, vests, trousers or overcoats 
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 garments a tag or label, not 
less than two inches in length and one inch in width, upon 
which shall be legibly printed or written the name of the 
state and the city or town where said garment or garments 
were made. 

Section 5. No person shall sell or expose for .sale any 
of said garments without a tag or lal^el, as aforesaid, 
affixed thereto, nor shall sell or expose for sale any of said 
garments with a tag or label in any manner false or fraud- 
ulent, nor shall wilfully remove, alter or destroy any such 
tag or lal^el upon any of said garments when exposed for 
sale. 

Section 6. Whoever violates any of the pro\nsions of 
this act shall forfeit for each offence not less than fifty 
dollars nor more than one hundred dollars. 

Approved April 24, 1893. 



Tax rate in 
certain cities, 
may be based on 
valuation of 
preceding year. 



ChClD.2,4i7 -^^ ^^^ AUTHORIZENG ASSESSORS IN CITIES OF LESS THAN ONE 
HUNDRED THOUSAND INHABITANTS TO USE THE VALUATION OF 
THE YEAR PRECEDING AS A BASIS OF TAXATION. 

Be it enacted, etc. , as follows : 

Section 1 . In every city containing less than one hun- 
dred thousand inhabitants the taxes assessed on property, 
exclusive of state tax, county tax, and sums required by 
law to be raised on account of city debt, shall not exceed 
in any year twelve dollars on every one thousand dollars 
of the assessors' valuation of the taxa])le property therein 
for the preceding year, said valuation being first reduced 
by the amount of all abatements allowed thereon previous 
to the thirty-first day of December in the year preceding 
said assessment, and any order or appropriation requiring 
a larger assessment than is herein limited shall be void ; 
but the city council of any city coming within the pro- 
visions of this act may, in any year, decide that the taxes 
assessed shall be raised in accordance with the provisions 
of section one of chapter three hundred and twelve of the 
acts of the year eighteen hundred and eighty-five. 

Section 2. This act shall not apply to any cities which 
have heretofore been exempted from the provisions of 
section one of chapter three hundred and twelve of the 



City council 
may decide that 
taxes shall be 
raised in accord- 
anre with 1885, 
312, §1. 



Not applicable 
to cities ex- 
empted from 
provisions of 
1885, 312, §1. 



Acts, 1893. — Chaps. 2i8, 249, 250. 893 

acts of the year eighteen hundred and eighty-five, until 
tlie expiration of such exemption. 

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

Ajoproved Aj^ril 24, 1893. 



ChapMS 



An Act to incobporate the Lawrence trust company. 
Be it enacted, etc. , as folloivs : 

Section" 1. Guy W. Currier, Andrew C. Stone, Lawrence Trust 
Edward N. Winslow, Peter M. Sweeney, Jeremiah J. coTporalld. 
Mahoney, Oilman P. Wiggin, their associates and suc- 
cessors, are hereby made a corporation by the name of 
the Lawrence Trust Comj^any, with authority to estal)lish 
and maintain a safe deposit, loan and trust company in the 
city of Lawrence ; with all the powers and j)rivileges and 
subject to all the duties, liabilities and restrictions which 
now are or may hereafter be in force relating to such cor- 
porations. 

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

Approved April 24, 1893. 

An Act authorizing the town of Plymouth to pay the entire Qlinrf. 249 

EXPENSE OF LAYING, MAINTAINING AND REPAIRING ITS MAIN ^ 

DRAINS OR COMMON SEWEKS. 

Be it enacted, etc., as follows: 

Section 1 . The town of Plymouth may provide, by a Expense of 
two thirds vote of the voters of the town present and tafn^fg^fc"' 
voting thereon at a legal town meeting called for the may'^be^aid by 
purjiose, that the whole expense of constructing, main- ^°'"^- 
taining and repairing its main drains or common sewers 
shall be paid by said town. 

Section 2. Every person who desires to enter his Persons <ie«i ring 

... I'-ji • -I • to enter drain 

particular drain into such main drain or common sewer into main draia 
shall pay for the right of entering such sum as may be from r°ghtf ^""^ ' ^ 
time to time determined by the selectmen of said town. 
Section 3. This act shall take effect upon its passage. 

Approved April 24, 1893. 



Cha2).2oO 



An Act to authorize the town of beverly to incur indebt- 
edness BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE 
OF CONSTRUCTING A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1 . The town of Beverly, for the purpose of fg^eToan^Tc 
defraying the expense of constructing and maintaining a ofisoa. 



894 



Acts, 1893. — Chap. 250. 



Annual propor- 
tionate pay- 



system of sewerage and sewage disposal, is hereby author- 
ized to issue from time to time notes, bonds or scrip to an 
amount not exceeding one hundred thousand dollars, to 
be denominated on the face thereof, Beverly Sewerage 
Loan, Act of 1893, bearing interest at a rate not exceed- 
ing live per centum per annum, payable semi-annually, the 
principal to be payable at periods of not more than thirty 
years from the date of issuing such bonds, notes or scrip 
respectively. Said town may sell said bonds, notes or 
scrip, or any part thereof, at public or private sale : pro- 
vid^-d, the same shall not be sold for less than the par 
value thereof. 

Section 2. Said bonds shall be so issued that a pro- 
portionate part of the whole amount issued shall become 
due on the tirst day of July in the year eighteen hundred 
and ninety-five, and thereafter a like proportionate amount 
shall become due each succeeding year until the whole 
debt is extinguished. Said town shall, at the time of 
authorizing said loan, provide ft)r the payment thereof in 
such annual payments as will extinguish the same within 
the time prescribed in this act ; and when such proportion- 
ate amount to be paid each year shall be so fixed by vote 
of the town, 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 the town 
for sewer purposes 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. 

Sectiox 3. Whenever the treasurer has occasion to 
issue bonds for the purpose mentioned in section one, he 
shall state in detail, in Avriting, to the selectmen, the 
number of bonds and interest warrants he has occasion to 
issue ; and thereupon the selectmen shall countersign as 
many of said bonds and interest warrants as shall be 
necessary for the purpose indicated in said writing. No 
bonds shall be valid until signed by the treasurer of the 
town and countersigned by the selectmen or a majority 
thereof. 

Section 4. This act shall take effect upon its passage, 
but no expenditure shall be made and no liability incurred 
two thirds vote, ^^j^^^j^j, ^^^ Same, cxccpt for })reliminary surveys and esti- 
mates, unless this act shall first be accepted by vote of 
two thirds of the legal voters of said town present and 



Issue of bonds, 
etc. 



To take full 
effect upon 
acceptance by a 



Acts, 1893. — Chaps. 251, 252. 895 

votins: thereon at a looal nioeting called for that pmposc 
within one year from the date of its passage. 

Approved April 24, IS 93. 

An Act to authokize the county commissioners of the county (^J^qj^ Oni 

OF BRISTOL TO CAUSE TO BE MADE COPIES OF CERTAIN RECORDS ■'■ 

AND PLANS- IN THE REGISTRY OK DEEDS FOR THE NORTHERN DIS- 
TRICT OF SAID COUNTY. 

Be it enacted, etc., as folloios : 

Section 1. The county commissioners of the count}'' Copies, etc., to 
of Bristol are hereby authorized and required to have dep'SsUed'i'n the 
made under their direction, within five years from the uy"o?d7e'd".^'*' 
passage of this act, copies of all records and parts of 
records and plans recorded and deposited in the registry 
of deeds for the northern district of said county prior to 
the tirst day of January in the year eighteen hundred and 
ninety-two, relating to titles of land in the Fall River 
registry district of said county, and suitable indexes 
thereof, at an expense not exceeding twenty-five thousand 
dollars ; and such copies and indexes so made shall be 
deposited in the registry of deeds for said Fall River reg- 
istry district, to be there kept by the register of deeds of 
said district, as other books of record are kept by him. 

Sectiox 2. The persons employed to make such copies Copyists to be 
shall be sworn to the faithful discharge of their duties; nlrTu)' cenlfy 
and the county commissioners shall designate therefrom penstuon?™' 
competent persons to be called examiners, any one' of 
whom shall certify said copies made as aforesaid. The 
compensation of all of said persons shall be fixed by said 
commissioners and shall be paid out of the county treasury. 

Section 3. Copies from the copies made, certified fj"be"!fdm7it^d 
and deposited as hereinbefore provided, shall, when duly in evidence, etc. 
certified by said register of deeds, be admitted in evidence 
in the same manner as other copies from said registry of 
deeds for said Fall River registry district are admitted. 

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

Approved April 24, 1893. 

An Act relating to ind'gent and neglected children. Chnn 2'i2 
He it enacted, etc., as follows: 

Section 1. Whenever any child has been committed Fy« *r"^°"»: 

, , . , , c 1 .1 tody of certain 

to or placed m the charge of the overseers of the poor of indigent and 
any city or town, or in Boston, in charge of the commis- chfid'ren. 



896 Acts, 1893. — Chaps. 253, 254. 

Indigent and sioneus of public iiistitutioDs, iinclei' the provisions of sec- 
ne|^ec e c ^.^^ three of chapter one hundred and eighty-one of the 
acts of the year eighteen hundred and eighty-two or any 
act in amendment thereof or in addition thereto, by any 
court or judge, and such child has no settlement in the 
city or town to Avhose officers he has been committed or 
in the charge of whose officers he has been placed, any 
judge of the superior court of the county in which such 
city or town is situated, sitting in equity, may, on the 
petition of such city or town, by its attorney, transfer 
such child to the charge of the city or town in which he 
has his settlement, or to the charge of the state board of 
lunacy and charity if it does not appear that he has a 
Expenses. settlement in this Commonwealth. Any necessary and 
proper expenses incurred by a city or town for the care 
and support of such child within three months })rior to 
such transfer shall, on the order of the judge making the 
transfer, be repaid to it b}'" the Commonwealth or by the 
city or town to which the transfer is made. 

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

Apj^roved April 24, IS 93. 



Chap.253 



An Act placing tuuant officers in the city of boston under 

civil service rules. 
Be it enacted, etc., as follows : 
Appointment SECTION 1. All truaut officcrs hereafter appointed by 

and classinca- . ^ . ^ ^^ .,,.•' 

tion of truant tlic scliool committcc 01 tlic City ot Bostou, as provided in 
o^^cers in os- g^^^j^j-j ^^^^(^i^ ^f chapter forty-eight of the Public Statutes, 
shall be classified and appointed pursuant to the provisions 
of chapter three hundred and twenty of the acts of the year 
eighteen hundred and eighty-four and the rules of the civil 
service commissioners made and established thereunder. 
Section 2. This act shall take effect upon its passage. 

Approved April 24, 1893. 



Chap.254: 



An Ac r relative to the officers of savings banks and insti- 
tutions FOR SAVINGS. 

Be it enacted, etc., as follows : 

Treasurers, etc., SECTION 1. Trcasurcrs, vicc treasurers and assistant 

of 8Hving« banks v • 11 j • j.-j, j.- r • 'r- 

to give bonds, trcasurci's 01 savings banks and institutions tor savings, it 
such offices arc created under the provisions of section 
thirteen of chapter one hundred and sixteen of the Public 



Acts, 1893. — Chap. 254. 897 

Statutes, .shall aivc bonds for the faithful (lischar<rc of their 
duties, to the satisfaction of the trustees, and shall tile with 
the commissioners of savings banks an attested copy of 
their bonds, Avith a ceiliticate of the custodian of the bonds 
that the originals are in his possession. The treasurer, 
vice treasurer and assistant treasurer shall notify said com- 
missioners of any change thereafter made therein. If a Penalty. 
treasurer, vice treasurer or assistant treasurer fails, within 
ten days from the date thereof, to file a copy of his bond, 
or to notify the commissioners of anj' change therein, as 
required by this act, he shall be liable to a penalty of fifty 
dollars. The commissioners shall keep a record showing commiBsionere 
when said bonds expire, and the changes so notified, ancl, To kelp feco'^rdB* 
whenever in their judgment it is necessary for the security o^ ^'onde, etc. 
of the depositors, shall require a new bond in such amount 
and with such sureties as they may approve. The treas- Newbondstobe 
urer, vice treasurer and assistant treasurer, if any, of each ironce^n tfve 
savings bank or institution for savings shall give new ^*^'"^''' 
bonds as often as once in five years. 

Section 2. The ofiicers of every such corporation. Election and 
except the treasurer, vice treasurer and assistant treasurer, ofik°e'r"8™/8a'v° 
shall be chosen at its annual meetings, to be holden at such '°^* ^'^^^^> etc. 
time as the by-laws direct, anything in its charter to the 
contrary notwithstanding. The treasurer, vice treasurer 
and assistant treasurer shall be appointed l)y the trustees 
and shall hold ofiice during their pleasure. If an office 
becomes vacant during the year, the trustees may a^jpoint 
a person to fill the same until it is filled at the next annual 
meeting ; and if a person chosen or a})])ointed does not, 
within thirty clays thereafter, take the oath, his office shall 
thereupon become vacant. The person acting as clerk at cierk to notify 
such meeting shall, within ten days thereafter, notify all and pubiieh iLt 
persons elected to an office ; ancl within thirty days there- quBiifieT 
after shall publish in some newsjjaper published within the 
count}' a list of all jiersons who have taken the oath of 
office to which they were elected. A clerk neglecting to Penalty. 
make such notification or publication, or making a false 
publication, and any person who knowingly publishes or 
circulates, or knowingly causes to be published or circu- 
lated, a ])rinted notice containing the name of a person as 
an officer of any such corporation who has not taken the 
oath of office, shall be liable to a penalty of fifty dollars. 

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

Approved April 24, 1893. 



898 Acts, 1893. — Chaps. 255, 25(3. 



ChCtp.255 ^^ ^^'^ RELATING TO THE RIGHTS OF INHABITANTS OF ROCHESTER 
AND MATTAPOISETT TO TAKE FISH WITHIN THE LIMITS OF THE 
TOWN OF MARION. 

Be it enacted, etc. , as folloios : 

Rj^hestTr'and Section 1. Notliing ill chapter one hundred and 

may^ri'kec^ertain ©ightj-eight of the acts of the year eighteen hundred and 
*^l m'° '"'^ ^"'^^ ninety-two shall be construed to require that a citizen of 
Mattapoisett or Rochester must obtain a permit from the 
selectmen of the town of Marion for taking shellfish or 
scale fish in the shores, fiats or waters within the town of 
Marion, and any inhabitant of Mattapoisett or Rochester 
may take scale fish or shellfish in said shores, flats and 
waters by obtaining a license from the selectmen of their 
respective towns and pajdng therefor the same price as is 
paid by the inhabitants of the town of IVIarion to the 
selectmen of the town of Marion for similar licenses. The 
price to be charged for said licenses shall be fixed by the 
selectmen of the towns of Marion, Rochester and Matta- 
poisett. 
Not to affect Section 2. Notliino; contained in Said chapter sliall be 

certain nsning ~ i 

rights. construed to affect the right of any inhabitant of the 

Commonwealth to take eels, scale or shellfish from said 
shores, fiats or waters, as provided by section sixty-eight 
of chapter ninety-one of the Public Statutes. 

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

Approved April 24, 1893. 



Chap 



.256 ^^ ^^^ '^^ PROVIDE FOR THE REIMBURSEMENT OF THE TRUSTEES 
OF THE MASSACHUSETTS HOSPITAL FOR DIPSOMANIACS AND 
INEBKIATES FOR EXPENSES INCURRED BY THEM IN THE PER- 
FORMANCE OF THEIR DUTIES. 



Be it enacted, etc., as folloios: 

Trustees to be Section 1. The trustccs of the Massachusetts hospital 
for di[)somaniacs and inebriates shall be reimbursed from 
the funds of said hospital for all expenses actually incurred 
by them in the performance of their ofiicial duties. 

Repeal. Section 2. So much of scctioii fifteen of chapter four 

hundred and fourteen of the acts of the year eighteen 
hundred and eighty-nine as provides that said trustees 
shall be so reimbursed from the treasury of the Common- 
wealth is hereby repealed. Approved April 24, 1893. 



Acts, 1893. — Chaps. 257, 258, 259. 899 



An Act relating to the examination of official bonds of QJicip.257 

COUNTY officers. 

Be it enacted, etc. , as follows ; 

Section 1. All bonds of pul)Uc officers, required by Examination, 
law to be deposited with county treasurers, shall, at least bonds of county 
once a year, be examined as to their sufficiency by the °*'^'''*' ^^'=- 
controller of county accounts or by one of his deputies. 
If it appears that any such bond is insufficient said con- 
troller shall report the fact to the superior court or to 
some justice thereof, and said court shall cause a record 
of that fact to be made by its clerk, and said court or any 
justice thereof, in term time or vacation, shall require the 
party or person who gave such bond to give a new one, 
satisfactory to the court, within such time as it shall order. 

Section' 2. This act shall not apply to the county of ,^°ceS ''cases. 
Suflblk nor to the bonds of county treasurers. 

Section 3. Section six of chapter twenty-six of the p. 8.26. §6, 
Public Statutes is hereby repealed. lepeae 

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

Approved April 24, 1803. 

An Act to authorize the city of boston to refund or abate nji(in.25S 
A portion of its betterments assessed for the extension 

OF THE MAHINE PARK. 

Be it enacted, etc. , as follows : 

Section 1. The city of Boston may, by concurrent city of Boston 
vote of the city council, at any time within two years from abutea portion 
the passage of this act refund or abate any portion, not me'^nts'.'""'*^*^^^' 
exceeding ninety per centum, of the sums assessed for 
l)etterments on account of the extension of the Marine 
})ark in said city, along the shore of Dorchester l)ay. Any 
sum so refunded shall be paid by the city treasurer to the 
persons to whom said betterments are assessed, or their 
legal representative. 

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

Approved April 24, 1893. 

An Act to authorize the town of beverly to cancel certain nj^rij^ 259 
OF its bonds now held in its sinking fund. ^ 

Be it enacted, etc., as follows: 

Section 1. The town of Beverly is hereby authorized ?^f,f bonds! ''^'^' 
to cancel such bonds of the town, issued under authority 



900 Acts, 1893. — Chap. 2G0. 

of chapter two hundred and thirty-one of the acts of the 
3'ear eighteen hundred and eighty-one, now held in its 
sinking fund, the existence of which is not necessary to 
provide interest to meet at maturity the other outstanding 
bonds of the town issued under said act, computing the 
sinking fund remaining and additions thereto with interest 
Proviso. thereon as hereinafter j)rovided : jj^'ovided, that the interest 

on the bonds of the town remaining uncancelled in the 
sinking fund and the other securities now held therein, 
with interest calculated at four per cent, compounded 
annually, together with the twenty thousand dollars 
annually put into the sinking fund by the said town under 
the provisions of said act, with interest calculated at four 
per cent, compounded annually, shall be sufficient to 
extinguish the bonds of the town issued under said act, 
now outstanding and not in said sinking fund. 
!onfmiLfoue1-8 Section 2. It shall be the duty of the sinking fund 
when°fnitructid couimissioners to cancel such of the said bonds now held 
bytpwn, etc. by them the interest on which is not necessary to ex- 
tinguish said debt as above provided, as they may be 
instructed to cancel by the said town at any meeting duly 
called for the purpose, and the treasurer shall thereafter 
To take effect ccasc paying interest upon such bonds. The town of 
byTtwrthhSr Beverly shall have authority to take the action provided 
^°'®' for herein after this act has been accepted by a vote of 

two thirds of the legal voters present and voting at the 
annual town meeting or any adjournment thereof, or at a 
meeting duly called for the purpose. 

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

Approved April 25, 1893. 



Chap.2(jO 



An Act to incorporate the trustees of noble hospital. 
Be it enacted, etc., as follows: 



P!,"^";?*'^^* ^^ Section 1. Eliza C. Noble, Sarah L. Lockwood, 

Noble Uospual . i i T-t -n i /^i ^ at 

incorporated. Maria L/. C. vVateiTnan, Ehzabeth E. Tarker, Charles J\. 
Yeamans, James Noble, Jr., James A. Shepard, Charles 
L. Weller, Robert H. Kneil, All)ert F. Tracy and George 
E. Whi])ple, the trustees named in the last will of Keuben 
Noble, late of Westfield, are hereby made a corporation 
by the name of The Trustees of Noble Hospital, and said 
trustees, their associates and successors in office, shall 
continue a body corporate for the purposes hereinafter set 
forth, and set forth in said will ; with all the powers and 
privileges and suljject to all the duties and liabilities con- 



Acts, 1893. — Chap. 261. 901 

tnined in all ffcnoral laws now or hereafter in force relating 
to such corporations. 

Section 2, Said corporation shall have authority to May buy, re- 
buy and hold real aiul personal estate to an amount not j/roperty im'' 
exceeding two hundred and titty thousand dollars, includ- losrooo'.^ 
ing all the real and personal estate, and the proceeds 
thereof, becjueathed and devised in said will for the estab- 
lishment and maintenance of a hospital in Westtield, 
and any and all personal and real estate which may he 
otherwise given, granted, bequeathed or devised to said 
corporation, for the use and benefit of said hospital. 

Section 3. Whenever the trustees incorporated by Trustees, num- 

j 1 • > 1 n /> 1 1 i.1 • • ber of each sex, 

this act shall, tor any cause, become less than nme in Auingof vacan- 
mimber, the remaining trustees shall choose by ballot "='^«'^'*=- 
some person or persons to fill the vacancy or vacancies 
until the said trustees shall be nine in number ; and there- 
after the numl^er of trustees shall continue to Ije nine ; 
and any vacancy thereafter occurring shall be filled by 
ballot by the remaining trustees. The said nine trustees 
shall always consist of four female and five male meml)ers. 
They shall serve without pay and no bonds shall be required 
of them. They shall always l)e residents of Westtield 
and no trustee shall continue to hold his office after ceas- 
ing to be a resident of Westtield. 

Section 4. The said trustees shall have the care and Powers and 

Qutiss 

management of said hospital and of the funds thereof. 
They shall have full power to elect or appoint such officers 
as from time to time they may think necessary or expedient, 
and generally to do all acts and things necessary or ex- 
pedient to be done for the purpose of carrying into effect 
the provisions and purposes of said will and of this act. 

Section 5. The town of Westfield is hereby authorized J°T° °^ ^''''" 

, , -^ . tield may appro- 

to raise by taxation sums of money not exceedino- one priate money for 

ji 1 1 II • 1 J • ii support of 

thousand dollars in any one year, and to appropriate the hospuai. 
same towards the su})port and maintenance of said 
hospital. 

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

Approved April 26, 1893. 



Chap2Ql 



An Act relating to apphopkiations by the city of boston. 
Be it enacted, etc., asfoUoius: 

Section 1. After an appropriation of money has been Transferor 
duly made by the city government of Boston for any "r'iatedTy^the 
specific purpose, or for the needs and expenditures of any "ly of Boston. 



902 



Acts, 1893. — Chaps. 2G2, 2G3. 



department, no transfer of any part of the money thus 
appropriated shall l)e made except within the department, 
or in accordance with and after the written recommenda- 
tions of the mayor to the city council, approved by the 
yea and nay vote of two thirds of the members of each 
branch thereof. 

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

Approved Aj)ril 26^ 1893. 



Chcip.2Q2 An Act relative to evidence in proceedings for neglect 

TO SUPPORT A WIFE OR MINOR CHILD. 



1882,270, §4; 
1885, 176, §1, 
amended. 



Penalties for 
not suppoiting 
wife or minor 
child, etc. 



Proof of un- 
reasonable 
neglect. 



Be it enacted, etc. , as follows : 

Section four of chapter two hundred and seventy of the 
acts of the year eighteen hundred and eighty-two, as 
amended by section one of chapter one hundred and 
seventy-six of the acts of the year eighteen hundred and 
eighty-five, is hereby amended by adding at the end 
thereof the follow ing words : — Proof of neglect to pro- 
vide for the support of a wife or minor child as aforesaid 
shall be prima facie evidence that such neglect is unreason- 
able, — so as to read as follows : — Section 4. Whoever 
unreasonably neglects to provide for the support of his 
wife or minor child shall be punished by fine not exceed- 
ing twenty dollars or by imprisonment in the house of 
correction not exceeding six months. All fines imposed 
under this section may in the discretion of the court be 
paid in whole or in part to the town, city, corporation, 
society or person actually supporting such wife or minor 
child at the time of making the complaint. Proof of 
neglect to provide for the support of a wife or minor child 
as aforesaid shall be prima facie evidence that such neglect 
•is unreasonable. Approved April 26, 1893. 



Chap.2Q3 ^^ ^^^ RELATING TO CERTIFICATES AND REGISTRATION OF DEATHS 
AND TO THE BURIAL AND REMOVAL OF HUMAN BODIES. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter thirty-two of the 
Public Statutes, as amended by section one of chapter 
three hundred and six of the acts of the year eighteen 
hundred and eighty- eight, is hereby amended by inserting 
after the w^ord " decease ", in the seventh line, the words : 
— and a i)hysician who has attended at a birth of a child 
dying immediately thereafter, or at the birth of a stillborn 



p. S.32, §3; 
1888,306, §1, 
amended. 



Acts, 1893. — Chap. 2G3. 903 

child, shall, Avheii vc(|iiested, forthwith furnish for regis- 
tration a certitioate stating, to the best of his knowledge 
and belief, the fact that such a child died after birth or was 
born dead, — also by inserting after the word " aforesaid ", 
in the eighth line, the words : — or makes a false statement 
therein, — so as to read as follows : — Section 3. A physi- deaib^'t"lf.°,ob€ 
clan who has attended a person during his last illness ^'(j^/J*',""^ 1'^ 
shall, when requested, forthwith furnish for registration, a registration. 
certificate stating, to the best of his knowledge and belief, 
the name of the deceased, his age, the disease of which he 
died, the duration of his last sickness, and the date of his 
decease ; and a physician who has attended at a birth of a 
child dying immediately thereafter, or at the birth of a 
stillborn child, shall, when requested, forthwith furnish 
for registration a certificate stating, to the best of his 
knowledge and belief, the fact that such a child died after 
birth or was born dead. If a physician neglects or refuses Penalty. 
to make a certificate as aforesaid, or makes a false state- 
ment therein, he shall be punished by a fine not exceeding 
fifty dollars. 

Section 2. Section five of chapter thirty-two of the p. s.32. §n; 
Public Statutes, as amended by section two of chapter amended. 
three hundred and six of the acts of the year eighteen 
hundred and eighty-eight, is hereby amended by striking 
out in the second and third lines thereof, the words " the 
body of a deceased person" , and inserting in place thereof 
the words : — a human body, — so as to read as follows : — 
Section 5. No undertaker, sexton or other person shall Permit for 
bury in a city or town or remove therefrom a human body movaiof a 
until he has received a permit so to do from the board of beprociuV,et°c. 
health or its duly appointed agent, or, if there is no board 
of health in such city or town, from the city or town clerk. 
No such permit shall be issued until there has been deliv- 
ered to such board, or agent or clerk, as the case may be, 
a satisfactory written statement containing the facts re- 
quired by this chapter to be returned and recorded, 
together with the certificate of the attending physician, if 
any, as required by section three of this chapter, or in 
lieu thereof a certificate as hereinafter provided. If there 
is no attending physician, or if the certificate of the at- 
tending physician cannot be obtained, for good and suf- 
ficient reasons, early enough for the purpose, the chairman 
of the board of health or any physician employed by a 
city or town for the purpose shall, upon request of said 



90J: Acts, 1893. — Chap. 2G4. 

board, asfent or clerk, make such certificate as is required 
of the attendinp: physician ; and in case of death by vio- 
lence the medical examiner shall, if requested, make the 
same. When such satisfactory statement and certificate 
are delivered to the l^oard of health or to its agent, the 
lioard or agent shall forthwith countersign and transmit 
the same to the clerk or registrar for registration. The 
person to whom the permit is so given shall thereafter 
furnish for registration any other information as to the 
deceased or to the manner and cause of the death, as the 
Penalty. clcrk or registrar may require. Any person violating any 

of the provisions of this section shall be punished by a 
fine not exceeding fifty dollars. 

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

Approved April 26, 1893. 

ChCiP.2iG4: ^^ -^^"^ '^^ AUTHOKIZE THE HOOSAC VALLEY STREET RAILWAY COM- 
PANY TO ISSUE MORTGAGE BONDS FOR THE PURPOSE OK REFUNDING 
ITS BONDED AND PAYING ITS FLOATING INDEBTEDNESS. 

Be it enacted, etc., asfoUoivs: 
May issue moit- Sectiox 1. Tlic Hoosac Valley Street Railway Com- 
exceeding P^uy, by a votc of a majority in interest of its stock- 

$io,ooo. holders at a meeting called for that purpose, may author- 

ize the issue of coupon or registered bonds secured by 
mortgage, for the purpose of refunding its bonded debt 
created by the authority of chapter one hundred and 
eighty of the acts of the year eighteen hundred and 
eighty-six, and paying off its floating debt incurred in 
changing the plant and equipment of the company from a 
horse railroad to an electrical street railway, to an amount 
not exceeding seventy-five thousand dollars, for a term not 
exceeding twenty years from the date thereof ; and to secure 
the payment of the said bonds, with interest thereon, the 
said company may make a mortgage of its railway and 
, franchise and any part or all of its property, and may 

include in such mortgage property thereafter to be ac- 
quired. Said company may in such mortgage reserve to its 
directors the right to sell or in the due course of business 
otherwise dispose of property included in said mortgage 
which may become worn, damaged or otherwise unsuitable 
to be used in the operation of its railway, provided that 
an equivalent in value be substituted in lieu thereof. 
Application of Sectiox 2. Tlic coiupany shall not apjilythe proceeds 
ton(i8%tc°. of sjich bonds to any purpose not specified in section one 



Acts, 1893. — Chaps. 2G5, 266, 267. 905 

of this act, and may be enjoined from so doing l)y any jus- 
tict^ of the supreme judicial or suj)erior courts, ui)on ai)])li- 
cation of any interested i)arty. The bonds may be issued 
in sums of not less than one hundred dollars each, })ayable 
at periods not exceeding twenty years from the date 
thereof, and each bond shall l)e recorded by the treasurer 
in books to be kept in his office. No bond shall be issued 
unless ap})roved by some person appointed by the corpo- 
ration for that purpose, \vho shall certify that it is prop- 
erly issued and recorded. 

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

Approved April 26, 1893. 



Chap.265 



An Act to autuorize the town of orange to issue addi- 
tional WATER BONDS. 

Be it enacted, etc., as folloivs : 

Section 1 . The town of Orano-e is hereby authorized ^ay usue 

. ~ ^ additional water 

to issue bonds, notes or scrip to an amount not exceeding bonds, not ex- 
fifteen thousand dollars in addition to the amount author- '^^'^ '°^ 
ized by chapter sixty-one of the acts of the year eighteen 
hundred and ninety-two, for the purposes and subject to 
the conditions named in said chapter and in acts in amend- 
ment thereof. 

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

Aptproved April 26, 1893. 

An Act relative to deposits by cities and towns in banks nj^rirk 266 

AND TRUST COMPANIES. "' 

Be it enacted, etc., as follows: 

No city or town shall have or place on deposit at any Limit of amount 

... iijj J lOf deposits by 

time, 111 any bank or trust company, an amount exceed- ciues and towns 
ing sixty per cent, of the capital and surplus of such bank uust companies 
or trust company, unless such bank or trust company 
shall give to the city or town satisfactory security for 
such deposit in excess of said sixty per cent. 

Ap>proved April 26, 1893. 

An Act to change the name of the roxbury trust company, p'/,^^ OA7 
Be it enacted, etc., as follows : 

Section 1. The name of the Roxbury Trust Company Name chans>ed. 
is hereby changed to the (rranite Trust Company. 

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

Approved April 26, 1893. 



906 Acts, 1893. — Chaps. 268, 269. 



(7Att?9.268 -^^ ^^"^ '^^ AUTHORIZE THE BOSTON AND MAIVE RAILROAD OR THE 
BOSTON AND LOWELL RAILROAD CORPORATION TO LEASE OR 
PURCHASE THE ROAD, FRANCHISES AND PROPERTY OF THE CON- 
CORD AND MONTREAL RAILROAD. 

Be it enacted, etc. , as folloivs : 
May lease or SECTION 1. The BostoH and Maine Eailroad or the 

purchase Iran- iit-»m i/^ 

chises, etc., of BostoH and Lowell Railroad Corporation ma}'' lease or pur- 
Montreai Rail- chasc the I'oad, franchises and property of the Concord and 
load, etc. Montreal Railroad, a corporation organized under the laws 

of the state of New Hampshire, in such manner and upon 
such terms as the laws of the said state may authorize and 
prescribe ; and upon making any such lease or purchase, 
and for the purposes thereof, shall have all the powers 
and privileges conferred upon the leasing or purchasing 
corporation in said state, by the laws thereof. Either of 
said corporations becoming lessee hereunder may assign 
the lease to the other, which may assume and perform the 
Subject to ap- covcuants aiid obligations thereof. No purchase shall be 
^oad'^commb-' luadc iior any stock issued under the provisions of this act 
Bioners. without the Written approval of the board of railroad com- 

missioners of Massachusetts. 
^has*e^o'^b^made Sectiox 2. Unless the Boston and Maine Railroad or 
189^^ "^"'y ^' the Boston and Lowell Railroad Corporation shall lease or 
purchase the road, franchise and property of the Concord 
and Montreal Railroad on or before the first day of July 
in the year eighteen hundred and ninety-five the powers 
and authority herel^y granted shall cease and this act shall 
be void and of no effect. 

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

[^The foregoing was laid before the Governor on the twentieth 
day of April, 1893, and after five days it had the '•'■ force of a 
law," as p)r escribed by the Constitution, as it was not returned by 
him with his objections thereto ivithin that ftme.] 



ChaV 269 ^^ ^^^ '^^ authorize the city of BROCKTON TO BORROW ONE 
HUNDRED AND TWENTV-FIVE THOUSAND DOLLARS FOR THE CON- 
STRUCTION OF ITS CITY HALL BUILDING. 

Be it enacted, etc., as follows: 
May incur In- Section 1. Ill addition to the sum already autlioiized, 

beyond°debt thc clt}^ of Brockton, for the purpose of completing and 
stnlct^on'^orcity fitting ready for occupancy its new city hall building in 
hall building. g.^jj city, may incur indebtedness to an amount not ex- 
ceeding one hundred and twenty-five thousand dollars 



Acts, 1893. — Chaps. 270, 271. 907 

beyond the limit of indcbtodnoss fixed by law for said 

city, and may from time to time issue negotiable bonds, 

notes or scrip therefor denominated on the face thereof, 

Brockton City Hall Loan, 1893, signed by its mayor and 

city treasurer, and i)ayable in not exceeding thirty years 

from the date thereof. Said city shall provide for the Annual pay. 

payment of said indebtedness by fixed annual payments, ™®" ^' 

the first of said payments to be made not later than ten 

years from the date of incurring said indebtedness, and 

similar i)ayments to be made in each year thereafter ; and 

the aggregate amount of said annual payments shall be 

such as to extinguish the total indebtedness within the 

time required by law. The sinking fund of any loan of 

said city ma}^ be invested in securities issued under this 

act. 

Section 2. The provisions of chapter twenty-nine of Ttiiendmentf, to 
the Public Statutes and of the acts in amendment thereof '^PP'y- 
and addition thereto, except as otherwise herein provided, 
shall apply to the indebtedness authorized by this act and 
th8 securities issued hereunder. 

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

Approved May i, 1893. 

An Act to authorize the controller of counti' accounts to fij,,^^ 970 

PRESCRIBE certain RETURNS, CERTIFICATES AND VOUCHERS. ^ ' 

Be it enacted^ etc., as folloius : 

Sectiox 1. The controller of county accounts is an- system of re- 
thorized to prescribe a uniform system of receipts, certifi- etc!',^to'be"pi"^' 
Gates, vouchers and exhibits, to be used in the adjustment ^•="'"^'^- 
of all county expenses. 

Sectiox 2. Sheriffs, masters of houses of correction. Certificates to 
keepers of jails, truant schools, or other public officers, ments to county 
when making payment to county treasurers of any public 
funds, shall accompany such payments with a sworn cer- 
tificate of such details as the controller of county accounts 
may prescribe. 

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

Approved May 2, 1S93. 

An Act relating to contracts with county officers. ChuV-^ll 
Be it enacted, etc., as follows : 

Sectiox 1. Section eleven of chapter two hundred and f^fnded.^"' 
five of the Public Statutes is hereby amended by inserting 



908 



Acts, 1893. — Chap. 272. 



Taking com- 
mission by state, 
county and cer- 
tain other public 
officers, etc. 



Taking com- 
mission by cer- 
tain county 
officers or 
agents, etc. 



in the second line of said section, after the word " state ", 
the word : — county, — so as to read as foHows : — Section 
11. If an officer or agent of or a person employed by 
the state, county, or a city, town, or any public institu- 
tion other than those mentioned in section thirteen, au- 
thorized to procure materials, supplies, or other articles 
either by purchase or contract, or to employ service or 
labor, receives either directly or indirectly for himself or 
for any other person a commission, discount, bonus, pres- 
ent, or reward from the person or persons making such 
contract, furnishing any such materials, supplies, or other 
articles, or from any person rendering service or labor 
under such contract, or if a person gives or offers such 
commission, discount, bonus, present, or reward, he shall 
be punished by fine of not less than ten nor more than five 
hundred dollars, or by such fine and imprisonment not 
exceeding one year. 

Section 2. If any county officer is personally inter- 
ested, either directly or indirectly, in a contract in which 
the county is a party interested, and which is made by the 
county treasurer or county commissioners, or by authority 
derived therefrom, respectively, or if a person who alone, 
or with others, represents a county in making such con- 
tract, is so interested, or if such ofiicer or person, 
directly or indirectly, for himself or any other person, 
receives a commission, discount, bonus, present, or reward 
from any person or persons making or performing such 
contract, he shall be punished by fine of not less than fifty 
nor more than one thousand dollars, or by such fine and 
by imprisonment not exceeding one year. 

Approved May 2, 1893. 



ChCtD.2i72 ^^ ^^^ KELATIVE TO THE DI3TRIBUTIOX OF THE INCOME OF THE 

SCHOOL FUND. 



1891,177, §1, 
amended. 



Be It enacted, etc., asfolloivs: 

Section 1. Section one of chapter one hundred and 
seventy-seven of the acts of the year eighteen hundred 
and ninety-one is hereby amended by striking out in the 
ninth and tenth lines of said section, the words "two 
hundred and seventy-five ", and inserting in place thereof 
the words : — three hundred, — also by inserting in said 
tenth line, after the word "dollars", the words: — pro- 



Acts, 1893. — Chap. 272. 909 

• 

vided, that any siidi town for any year in Avhicli its rate 
of taxation shall be eiijhtecn dollars or more on a thou- 
sand dollars, shall receive fifty dollars additional, — so as 
to read as follows '. — Section 1. One half of the annual Distribution of 

, the income of 

income ot the school fund of the Commonwealth shall be 'he bcLooi fund. 
ajijiortioned and distributed, without a specific a|)propri- 
ation, for the support of public schools, and in the man- 
ner following, to wit : — Every town complying with all 
laws in force relating to the distribution of said income 
and whose valuation of real and personal estate, as shown 
by the last preceding assessors valuation thereof, does 
not exceed one half million dollars, shall annually receive 
three hundred dollars : provided, that any such town for 
SlXxy 3'ear in which its rate of taxation shall be eighteen 
dollars or more on a thousand dollars, shall receive fifty 
dollars additional. Every such town whose valuation is 
more than one half million dollars and does not exceed 
one million dollars, shall receive two hundred dollars ; 
and every such town whose valuation is more than one 
million dollars and does not exceed two million dollars, 
shall receive one hundred dollars ; and every such town 
whose valuation is more than two million dollars and does 
not exceed three million dollars, shall receive fifty dollars. 
The remainder of said half shall be distributed to all 
towns whose valuation does not exceed three million dol- 
lars and whose annual tax rate for the support of puT)lic 
schools is not less than one sixth of their whole tax rate 
for the year, as follows: — Every town whose public 
school tax is not less than one third of its whole tax shall 
receive a proportion of said remainder expressed by one 
third ; every such town whose school tax is not less than 
one fourth of its whole tax shall receive a proportion ex- 
pressed by one fourth ; every such town whose school tax 
is not less than one fifth of its whole tax shall receive a 
proportion expressed by one fifth ; and every such town 
whose school tax is not less than one sixth of its whole tax 
shall receive a proportion expressed by one sixth. All 
money appropriated for other educational purposes, unless 
otherwise specially provided, shall be paid from the other 
half of said income. If the income in any year exceeds 
such apjjropriations the surplus shall be added to the 
principal of said fund. 

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

Approved May 2^ 1893. 



910 



Acts, 1893. — Chaps. 273, 274, 275. 



ReiraburBement 
of county com- 
missioner!) 
for travelling 
expenses. 



Chap.2i73 ^^ -^^^ '^^ reimburse county commissioners for their trav- 
elling EXPENSES. 
Be it enacted, etc., as folloios: 

Sectiox 1. On and after the first day of April in the 
year eighteen hundred and ninety-three there shall be 
allowed and paid to each of the county commissioners of 
the several counties, the actual necessary and proper 
expenses for transportation paid by him in the discharge 
of his duties, upon a certified itemized statement of such 
expenses, made on the first day of each month, to the con- 
troller of county accounts, who shall audit and certify the 
same to the treasurer of the proper county, who shall 
pay such commissioner for such expenses from the treasury 
of said county. 

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

Approved May 2, 1893. 



Chap.274: 



p. S. 109, §7, 
amended. 



Capital to be 
subscribed and 
paid. 



Statement to be 
filed. 



An Act relative to telegraph and telephone companies. 
Be it enacted, etc., as folloios : 

Sectiox 1. Section seven of chapter one hundred and 
nine of the Public Statutes is hereby amended by inserting 
in the third line, after the word " for ", the words : — and 
at least one half has been paid in in cash, — by striking 
out in the fifth line, the word " the ", and inserting in place 
thereof the word : — such, — and b}^ adding at the end of 
said section, the words: — and payment, — so as to read 
as follows : — Section 7. A company shall not commence 
the construction of its line until three fourths of its capital 
stock has been unconditionally subscribed for, and at 
least one half has been paid in in cash ; and the directors 
shall within ten days of commencing said line file in the 
oifice of the secretary of the Commonwealth a sworn 
statement of such subscription and payment. 

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

Approved May 2, 1893. 



Cha7).275 ^^ -^^'^ relating to county commissioners and their com- 
pensation. 

Be it enacted, etc., as folloivs : 

Compensation Sectiox 1. Durin": a vacaucy in a board of county 

of county com- . , . ~ i 1 1 

missiouers. coiiimissioners in any county the county treasurer shall 



Acts, 1893. — Chaps. 276, 277. 911 

pay to the two surviving coiiiniissionerH only two thirds 
of the sahiry tixed by law for the whole board. 

Section 2. Section eighteen of chapter twenty-two p. 8.22, §i8, 
of the rul)lic Statutes is repealed, but this repeal shall "P'^"'' ■*'*'• 
not affect any proceedings pending in any court or before 
any tribunal. Ajn^roved May 2, 1893. 



Chap.276 



An Act to establish the salaries ok the county commission- 
ehs fok the county of barnstable. 

Be it enacted, etc., as folloios : 

Sectiox 1. The salaries of the county commissioners salaries esub- 
for the county of Barnstable shall be thirteen hundred 
dollars a year, to be so allowed from the tirst day of April 
in the year eighteen hundred and ninety-three. 

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

Approved May 2, 1893. 

An Act to supply the town of walpole with water. ChciT) 277 
Be it enacted, etc., as follows: 

Sectiox 1. The town of Walpole may supply itself '^oilma^ ^"^'i 
and its inhabitants with water for the extinguishment of i'seif with 
fires and for domestic and other purposes ; may establish 
fountains and hydrants, relocate or discontinue the same, 
and may regulate the use of such water and fix and collect 
rates to be paid for the use of the same. 

Section 2. The said town, for the purposes aforesaid, wafers^landl'''" 
may take, by purchase or otherwise, and hold waters from etc 
the valley of the Neponset river and its tributaries, from 
Spring brook, so-called, Mill brook, so-called, and Trap- 
hole brook, or the waters of any other brook, or any 
springs, artesian or driven wells or filter galleries, within 
the limits of said town of AYalpole, and the water rights 
and water sources connected therewith ; and also all lands, 
rights of wa}^ and easements necessary for holding and 
preserving such water and for conveying the same to any 
part of said town of Walpole ; and may erect on the land May erect build, 
thus taken or held proper dams, buildings, fixtures and pipes, etc. 
other structures, and may make excavations, procure and 
operate machinery, and provide such other means and ap- 
pliances as may be necessary for the establishment and 
maintenance of complete and effective water works ; and 
may construct and lay down conduits, pipes and other 
works, under or over any lands, water courses, railroads 



912 



Acts, 1893.— Chap. 277. 



To cause to be 
recorded in 
registry of 
deeds, descrip- 
tion of lands 
talien, etc. 



Damages. 



Walpole Water 
Loiiu notexceed. 
ing $125,000. 



or public or private ways, and along any such way in such 
manner as not unnecessarily to obstruct the same ; and 
for the purpose of constructing, maintaining and repairing 
such conduits, pipes and other works, and for all proper 
purposes of this act, said town may dig up any such lands, 
and, under the direction of the l)oard of selectmen of the 
town in which any such wa3^s are situated, may enter upon 
and dig up any such ways in such manner as to cause the 
least hindrance to public travel thereon. 

Sectiox 3. 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 by 
purchase, file and cause to be recorded in the registry of 
deeds for the county and district in which the same are 
situated, a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken, signed by the water commissioners 
hereinafter provided for. 

Section 4. Said town shall pay all damages sustained 
by any person or corporation in property, by the taking 
of any land, right of way, water, water source, water 
right or easement, or any other thing done by said town 
under the authority of this act. Any person or corpora- 
tion entitled to damages as aforesaid under this act, who 
fails to agree with said town as to the amount of damages 
sustained, may have the damages assessed and determined 
in the manner provided by law when land is taken for the 
laying out of highways, by making 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 application 
shall be made after the expiration of said three years. No 
application for assessment of damages shall be made for 
the taking of any water, water right, or any injury thereto, 
until the water is actually withdrawn or diverted by said 
town under the authority of this act. 

Section 5. Said town may, for the purpose of paying 
the necessar}'^ expenses and liabilities incurred under the 
provisions of this act, issue from time to time bonds, notes 
or scrip, to an amount not exceeding in the aggregate one 
hundred and twenty-five thousand dollars ; such bonds, 
notes and scrip shall bear on their lace the words, Walpole 
Water Loan, shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue, shall 



Acts, 1893. — CeAr. 277. 913 

]>oar interest, payable semi-annually, at a rate not exceed- 
ing six per centum per annum, and shall be signed by the 
treasurer of the town and be countersigned by the water 
connnissioners hereinafter provided for. Said town may 
sell such securities at pul)lic or private sale, or })iedge the 
same for money borrowed for the purpose of this act, and 
upon such terms and conditions as it may deem proper. 
Said town shall pay the interest on said loan as it accrues, sinking fund. 
and shall provide, at the time of contracting said loan, for 
the esta1)lishment of a sinking fund, and shall annually 
contribute to such fund a sum sufficient with the accumu- 
lations thereof to pay the ])rinci})al 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. Said town, instead of establishing a sinking Annual propor- 
fund, may, at the time of authorizing said loan, provide m^m's!^"^" 
for the payment thereof in such annual proportionate pay- 
ments as will extinguish the same within the time pre- 
scribed in this act ; and when such vote has been passed 
the amount required thereby shall without further vote be 
assessed by the assessors of said town in each year there- 
after until the debt incurred by said town shall be ex- 
tinguished, 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 of 
of chapter eleven of the Pul)lic Statutes shall state the i*,!^*hmd°or"° ' 
amount of any sinking fund established under this act, and ^JmBl ^"^' 
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 there- 
under for the current year. 

Section 8. Said town shall raise annually by taxation Paynoentof 
a sum which with the income derived from the water rates ferest cm loan, 
will be sufficient to pay the current annual expenses of ^'*'' 
operating its water works and the interest as it accrues on 
the bonds, notes and scrip issued as aforesaid by said 
town, and to make such contributions to the sinking fund 
and payments on the principal as may be required under 
the provisions of this act. 

Section 9. Whoever willfully or wantonly corrupts. Penalty for 

wilful corrup- 

pollutes or diverts any of the waters taken or held under tion or pollution 
this act, or injures any structure, work or other property ° ^''»'«'"' «tc. 



914 



Acts, 1893. — Chap. 278. 



Water corn- 
missionera, 
election, terms 
of office, 
powers, duties, 
etc. 



To take effect 
upon acceptance 
by a two thirds 
vote. 



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

Sectiox 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 
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 commissioners ; and at each 
annual town meeting thereafter one such commissioner 
shall be elected by ballot for the term of three years. All 
the authority granted to the town by this act and not 
otherwise specially provided for shall be vested in said 
board of water commissioners, who shall be subject how- 
ever to such instructions, rules and regulations as said 
town may impose by its vote. The said commissioners 
shall be trustees of the sinking fund herein provided for 
and a majority of said commissioners shall constitute a 
quorum for the transaction of business relative both to the 
water works and to the sinking fund. Any vacancy 
occurring in said board from any cause may be filled for 
the remainder of the unexpired term by said town at any 
legal town meeting called for the purpose. 

Section 11. This act shall take effect upon its accept- 
ance by a two thirds vote of the voters of said town 
present and voting thereon at a legal town meeting called' 
for the purpose within three years from its passage ; but 
the number of meetings so called in any year shall not 
exceed two. Approved May 2, 1893. 



C7lCiP.2i7S ^^ ^^^ ^^ AUTHOKtZR THE CITY OF NEWTON TO CHANGE ITS 

METHODS OP SEWER ASSESSMENT. 

Be it enacted, etc., as follows: 
City of Newton Sectiox 1. The city council of the citv of Newton is 

may change its i-i i "-i 

method of sewer hereby authonzcd to amend, repeal or rescind any or all 
existing orders or ordinances of the said city of Newton 
which establish a method of sewer assessment, and by 
which any assessments for sewers have been made, and 



Acts, 1893. — CnAr. 279. 915 

!?ai(l city is further authorized to adopt and estal)lish, l)y 
ordinance or ])v order, any method of sewer assessment 
now authorized l)v law, and to make hy its board of 
mayor and aldermen assessments and reassessments there- 
under. 

Sectiox 2. Said city of Xewton is hereby authorized Adjustment of 

1 » _ assessraentB 

and required, when any changes shall be made in the ex- heretofore 
istiuir method of sewer assessments, to refund to those 
who haye already ymid assessments under existing orders 
and ordinances such sums as shall make the sewer assess- 
ments of such persons equal to those established by the 
new method of assessment, and to appropriate money 
therefor and equitably to adjust such assessments. 

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

Approved May 2, 1893. 



Chap.219 



Ax Act to authorize cities and towns to furnish relief 

TO THE DEPENDENT FATHERS AND MOTHERS OF SOLDIERS OR 
SAILORS WHO SERVED IN THE ARMY OR NAVY OF THE UNITED 
STATES DURING THE WAR OF THE REBELLION. 

Be it enacted, etc., as follows : 

Section 1. Section one of cliai)ter four hundred and 1890,447, §i, 

J^ , ameDuea. 

forty-seyen of the acts of the year eighteen hundred and 
ninety is hereby amended by inserting in the ninth line, 
after the word "years", the words: — or a dependent 
father or mother, — also by inserting in the tenth line, 
after the word " children ", the words : — or such father 
or mother, — also by inserting in the twelfth line, after 
the word "children", the words: — or dependent father 
or mother, — so as to read as follows: — Section 1. 
AVheneyer any person who served in the army or navy of Relief by cities 

^ . •^' i . , "^ \ and towns to 

the United States in the yvar of the rebellion and received certain soldiers 
an honorable discharge from all enlistments therein, and their families, 
who has a legal settlement in a city or town in the Com- 
monwealth, becomes, from any cause except his own 
criminal or wilful misconduct, poor and entirely or in part 
mialde to provide maintenance for himself, his wife and 
minor children under the age of sixteen years, or a depend- 
ent father or mother ; or whenever such a person has died 
and left a widow or such minor children, or such father or 
mother, without proper means of support, such person, 
his wife or widow or such minor children, or dependent 
father or mother, shall be supported wholly or in part, as 
may be necessary, by the city or town in which they or 



916 



Acts, 1893. — Chaps. 280, 281. 



Beneficiary not either of them havc a legal settlement. Such relief shall 

to re^cefv "reuef be fumished by the mayor and aldermen of such city or 

in almshouse. ^^^ Selectmen of such town at the home of the beneficiary, 

or at such other place as they may deem right and proper. 

But no beneficiary shall be required to receive such relief 

at any almshouse or public institution unless the physical 

or mental condition of such beneficiary shall require it, or 

unless such beneficiary shall choose to do so ; the choice 

to be made, in case of a minor, by the parent or guardian 

Soldiers' relief, of sucli miuor. lu all printed reports of the expenses for 

such relief by the cities and towns under this section said 

expenses shall be designated as soldiers' relief. 

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

Approved May 2, 1893. 



C7mp.2SO 



p. S.146, §19; 
1882, 223, §1; 
1893, 194, §1, 
amended. 



Decrees to be 
nisi, to become 
absolute after 
six. months, etc. 



Not applicable 
where decrees 
nisi have been 
entered prior to 
May 1, 1893. 



An Act relating to becrees of divorce. 
Be it enacted, etc., as folloivs : 

Section 1. Section nineteen of chapter one hundred 
and forty-six of the Public Statutes as amended by section 
one of chapter two hundred and twenty-three of the acts 
of the year eighteen hundred and eighty-two and by 
section one of chapter one hundred and ninety-four of the 
acts of the year eighteen hundred and ninety-three, is 
hereby further amended by striking out the words " and 
thereupon the clerk shall enter a final decree ", so as to 
read as follows : — Section 19. All decrees of divorce 
shall in the first instance be decrees nisi, to become 
absolute after the expiration of six months from the entry 
thereof, unless the court has for sufiicient cause, on appli- 
cation of any party interested, otherwise ordered. 

Section 2. Nothing contained in said chapter one 
hundred and ninety-four of the acts of the year eighteen 
hundred and ninety-three or in section one of this act shall 
apply to cases where decrees nisi have been entered prior 
to the first day of May in the year eighteen hundred and 
ninety-three. 

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

Approved May 2, 1893. 



Chcip.2S\ ^^ ^^"^ '^^ incorporate the rockport water company. 

Be it enacted, etc., as foUotvs : 
Rockport Water Section 1. Henri N. Woods, Charles H. Cleaves, 

Company ' ' 

incorporated. Sumncr D. York, Alfred H. Hersey, Moyses R. Simmons, 



Acts, 1893. — Chap. 281. 917 

their associates and successors, are hereby made a corpo- 
ration by the name of the Rockport Water Company, for 
the purpose of supplying the inhabitants of Rockport with 
water for the extinguishment of fires and for domestic, 
manufacturing and other purposes ; 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 corpo- 
rations. 

Section 2. Said corporation, for the purposes afore- May take cer. 

• 1 I ,1 -1 1 ii • tain waters, 

said, may lease, take, acquire by purchase or otherwise, land, etc. 
and hold the waters of Cape pond, so-called, and Mill 
pond brook, so-called, situate in said town of Rockport, 
and the waters which tlow into the same, and all water 
rights connected therewith, and convey said waters through 
said town ; and may also take and hold, by lease or other- May erect 
wise, all lands, rights of way and easements necessary for downpfp'e8%tc. 
erecting such works as may be required, and for holding 
and preserving such water and conveying the same to any 
part of said town ; and aiay erect on the land thus taken 
or held, proper dams, fixtures and other structures, and 
may make excavations, procure and operate machinery, 
and provide such other means and appliances as may be 
necessary for the establishment and maintenance of com- 
plete and effective water works ; and may construct and 
lay down conduits, pipes and other works, under or over 
any lands, water courses, railroads, highways, town ways, 
public or private ways of any nature, kind or description, 
and along such ways and in such manner as not unneces- 
sarily to obstruct the same ; and for the purpose of con- 
structing, maintaining and repairing said 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 said town of Rock- 
port, enter upon and dig up any such ways in such manner 
as to cause the least hindrance to public travel thereon. 

Section 3. The said corporation shall, within sixty to cause to be 
days after the taking of any lands, rights of way, water regh^try of" 
rights, water sources or easements as aforesaid, other than uon^'oManr"^'' 
by purchase, file and cause to be recorded in the registry taken, etc. 
of deeds for the county 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. 



918 



Acts, 1893. — Chap, 281. 



Damages. 



"Water supply 
for town of 
Rockport, etc. 



Real estate, 
capital stock of 
corporation, etc, 



Town may take 
franchise, prop, 
erty, etc., at 
any time. 



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 two years from the taking of such land or 
other property or the doing of any injury under the 
authority of this act ; but no such application shall be 
made after the expiration of said two years. No applica- 
tion for assessment of damages shall be made for the 
taking of any water, water rights 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 Rockport, may regulate the 
use of said water and fix and collect the rates to be paid 
for the use of the same, and may make such contracts Avith 
the said town or with any fire district that is or ma}^ here- 
after be established therein, or with any iudividual or 
corporation, to supply water for the extinguishment of 
fire 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- 
poses set forth in this act, hold real estate not exceeding 
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 ; and said corporation may issue bonds to an amount 
not exceeding the amount of its capital stock actually paid 
in and applied to the purposes of its incorporation, and 
may secure the same at any time by a mortgage of its 
franchise and property. 

Section 7. The town of Rockport shall have the 
right at any time to take, by purchase or otherwise, the 
franchise, corporate property, and all the rights and 
privileges of said corporation, on payment to said corpo- 



Acts, 1893. — Chap. 281. 919 

rtition of the actual cost of its franchise, works and 
property of all kinds held under the provisions of this act, 
incliidinix 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 tive per cent, per annum. If the 
cost of maintaining and operating the works of said cor- 
poration 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 de- 
ducted from the total cost. An itemized statement of the statement of 
receipts and expenditures of the said corporation shall be exrfjnduiues 
annuallv submitted to the selectmen of the town of Rock- to be made 

" , ... „ . , annually. 

port, and by said selectmen to the citizens ot 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 de- 
ducted from the amount required to be paid by said town 
to said corporation under the foregoing provisions of this 
section. This authority to purchase such franchise and Purchase to be 

1 • 1 ^ tj- ,1 j ii 1 • assented to by 

property is granted on condition that the purchase is a two thirds 
assented to by said town by a two thirds vote of the voters ^°^^' 
of said town present and voting thereon at a meeting 
legally called for that purpose. 

Section 8. The said town may, for the purpose of pay- Rockpon water 



Loan not ex- 



ing the cost of said franchise and corporate property and ce^nng^ 
the necessary expenses and liabilities incurred under the *i™>'^o<'- 
provisions of this act, issue from time to time bonds, notes 
or scrip to an amount not exceeding in the ago-regate one 
hundred thousand dollars ; such bonds, notes and scrip 
shall bear on their face the words, Rockport 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 said town and be countersigned by the water commis- 
sioners hereinafter provided for. The said town 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. And pj-oplfrtionate 
said town shall pay the interest upon said loan as it paymente. 
accrues, and shall provide for the payment of said princi- 



920 



Acts, 1893. — Chap. 281. 



Returns of 
amount of sink- 
ing fund or 
annual pay- 
ment. 



Payment of 
expenses, in- 
terest, etc. 



Water com- 
missioners, 
election, terms 
of office, 
powers, duties, 
etc. 



pal at maturit}' by establishing at the time of contracting 
said debt a sinking fund, or from year to year by such 
proportionate payments as will extinguish the same within 
the time prescribed by this act. In case said town shall 
decide to establish a sinking fund it shall contribute 
thereto annually a sum sufficient with its accumulations to 
pay the principal of said loan at maturit}^ ; and said sink- 
ing fund shall remain inviolate and pledged to the pay- 
ment of said debt and shall be used for no other purpose. 
If said town shall decide to pay the principal of said loan 
by proportionate payments, 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 way as money is raised for other municipal expenses. 

Section 9. The returns required by section ninety- 
one of chapter eleven of the Public Statutes shall state 
the amount of any sinking fund established under this act, 
and if none is established whether action has been taken 
for the payment of annual proportions of said bonded debt 
as hereinbefore provided, and the amount raised and ex- 
pended therefor for the current year. 

Section 10. After the purchase of said franchise and 
corporate property as herein provided, the said town shall 
raise annualh' by taxation a sum which, with the income 
derived from the sale of water, shall be sufficient to pay 
the current annual expenses of operating its water works 
and the interest accruing on the bonds issued by said 
town, together with such payments on the principal as 
may be required under the provisions of this act. Said 
town is further authorized, by assent of two thirds of the 
voters of said town present and voting thereon at a legal 
meeting called for the purj)Ose, to raise by taxation any 
sum of money for the purpixse of enlarging or extending 
its water works and providing additional appliances and 
fixtures connected therewith, not exceeding three thousand 
dollars in any one year. 

Section 11. The said town shall, after its purchase of 
said franchise and corporate property as provided in this 
act, at a legal meeting called for the purpose, elect by 
ballot three persons to hold office, one until the expiration 
of three years, one until the expiration of two years and 
one until the expiration of one year from the next suc- 
ceeding annual meeting, to constitute a board of water 
commissioners ; and at each annual meeting thereafter one 



Acts, 1893. — Chap. 281. 921 

such coniinissioner shall be elected by ballot for the term 
of three years. All the authority o[i-anted to the said town 
by this act and not otherwise specifically provided for shall 
l)e vested in said board of water commissioners, who shall 
])e subject however to such instructions, rules and regula- 
tions as said town may impose by its vote. The said com- 
missioners shall be the 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 to the sinking; fund. 
Any vacancy occurring in said board from any cause may 
1)6 rilled for the remainder of the unexpired term by said 
town at any legal meeting called for the purpose. No 
money shall be drawn from the town treasury on account 
of said water works except by a w^ritten order of said com- 
missioners or a majority of them. Said commissioners 
shall annually make a full report to said town, in wanting, 
of their doings and expenditures. 

Section 12. The county commissioners for the county Damages, 
of Essex shall, upon application of the owner of any land, 
water or Avater 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 saifl county commissioners * 
shall in like manner require further security if at any 
time the security before required appears to them to have 
become insufficient ; 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 13. Whoever wilfully or wantonly corrupts, Penalty for 
pollutes or diverts any of the waters taken or held under uonolmveMion 
this act, or injures any structure, work or other property o^^^ter, etc. 
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. 



922 



Acts, 1893. — Chap. 282. 



By-law8, rules, 
regulations, etc. 



Work to be 
commenced 
within three 
years. 



Sectiox 14. The said town mny adopt by-laws pre- 
scribing by whom and how meetings may be called and 
notified ; the said town may also provide rules and regu- 
lations for the management of its water works not incon- 
sistent with this act or the laws of the Commonwealth, 
and may choose such other officers not provided for in 
this act as it may deem proper and necessary. 

Section 15. This act shall take eftect upon its passage, 
but shall become void unless work under it is commenced 
within three years from the date of its passage. 

Approved May 2, 1893. 



Chap.2S2 



Park or play- 
ground in wards 
six and seven of 
the city of 
Boston. 



Description, 
etc., of land 
taken to be 
recorded in the 
registry of 
deeds. 



Fee of land to 
vest in city ; 
damages. 



Bonds, etc., to 
be issued to 
meet expenses. 



An Act to provide for a public park in wards six and 
seven of the city of boston. 

Be it enacted, etc., as folloios : 

Section 1. The board of park commissioners of the 
city of Boston may take in fee, by purchase or otherwise, 
within the limits of the present wards six and seven of 
said city, lands of an assessed value not exceeding three 
hundred thousand dollars, for a park or playground ; 
shall prepare the same for public use and have the charge 
thereof as of the other public parks of said city. 

Section 2. Said board shall, within sixty days from 
the time that it shall take any land under this act, under 
the ri^ht of eminent domain, cause to be recorded in the 
office of the register of tleeds for the county of Suffolk a 
description of the land so taken, as certain as is required 
in a common conveyance of land, with a statement that 
the same was taken under the authority of this act ; said 
description and statement to be signed by said board. 

Section 3. The fee of the lands so taken shall vest in 
said city, and said city shall j)ayall damages sustained by 
any person in his property by any taking as aforesaid, the 
same to be agreed upon by said board and the person 
damaged, and if they cannot agree thereon said damages 
shall be assessed by a jury of the superior court, on 
petition of said board or person, in the same manner and 
under the same rules as damages for property taken in 
laying out highways in said city are determined. 

Section 4. The city treasurer of said city, to pay for 
the lands taken as aforesaid, shall from time to time on 
the request of said board, approved by the mayor, issue 
and sell notes, bonds or scrip of the city to such an 



Acts, 1893. — Chap. 283. 923 

amount as said board shall state that it deems necessary 
to pay for such lands, with a further amount, not exceed- 
ing fifty thousand dollars, the proceeds of the latter 
amount to be used to meet the expenses of preparing said 
lands for public use : provided, however, that he shall pay proviso, 
over to the board of commissioners of sinking funds of 
said city any premiums received by him in the sale of 
such bonds, notes or scrip, and said commissioners shall 
place all amounts so paid by said treasurer in a sinking 
fund for the payment of the loan hereby authorized. 

Section 5. This act shall take effect upon its accept- to take effect 

1 1 • •! /• 1 • /• T-» upon accept- 

ance by the city council or the city ot Boston. ance. 

Ap'proved May 2, 1893. 

As Act relating to the abolition of grade crossings. Ofinrt 283 
.Be it enacted, etc. , as follows : 

Section 1. Section seven of chapter four hundred ]S9o. 428, §7, 

•ipi ft •! ITT atnended. 

and twenty-eight ot the acts or the year eighteen hundred 
and ninety is hereby amended by striking out all after the 
word "cases", in the eleventh line of said section, and 
inserting in place thereof the following : — Said court 
shall from time to time issue its decrees for payment on 
the part of the railroad corporation, not exceeding the 
amounts apportioned to it by said auditor, and for the 
payment on the part of the Commonwealth, not exceeding 
the amounts apportioned to the Commonwealth and to the 
city or town ; and such city or town shall repay to the 
Commonwealth the amount apportioned to the city or 
town by said auditor, in such annual payments as the 
auditor of the Commonwealth may designate ; and the 
amount of the payment designated for the year, with 
interest thereon at the rate of four per cent, per annum 
from the date of the acceptance of the report of the 
auditor, in the case of the tirst payment, and for one year, 
in the case of each of the other payments, shall be included 
by the treasurer and receiver general in, and made a part 
of, the sum charged to such city or town, and be assessed 
upon it in the apportionment and assessment of its annual 
state tax ; and said treasurer shall in each year notify such 
city or town of the amount of such assessment, which 
amount shall be paid by the city or town into the treasury 
of the Commonwealth at the time required for the pay- 
ment and as a part of its state tax, — so as to read as 



924 Acts, 1893. — Chap. 284. 

^"^peMationr' f^l^ows : — Sectioii 7. The court shall appouit an auditor, 
e'c. who shall be a disinterested person, not an inhal)itant of 

the city or town in which the crossing is situated, to whom 
shall from time to time be submitted all accounts of 
expense, whether incurred by the railroads, city, town, 
commission or auditor, who shall audit the same and 
make report thereon to the court ; which auditing, when 
accepted b}' the court, shall be final. The com[)ensation 
of the auditor shall be determined in accordance with the 
provisions of law relative to the compensation of auditors 
Payment of appointed by the superior court in civil cases. Said court 
expenses, ec. g|^.^jj froui time to time issue its decrees for payment on 
the part of the railroad corporation, not exceeding the 
amounts apportioned to it by said auditor, and for the 
payment on the part of the Commonwealth, not exceeding 
the amounts apportioned to the Commonwealth and to the 
city or town ; and such cit}' or town shall repay to the 
Commonwealth the amount apportioned to the city or 
town by said auditor, in such annual payments as the 
auditor of the Commonwealth may designate ; and the 
amount of the payment designated for the year, with 
interest thereon at the rate of four per cent, per annum 
from the date of the acceptance of the report of the 
auditor, in the case of the first payment, and for one year, 
in the case of each of the other payments, shall be included 
by the treasurer and receiver general in, and made a part 
of, the sum charged to such city or town, and be assessed 
upon it in the apportionment and assessment of its annual 
state tax ; and said treasurer shall in each year notify such 
city or town of the amount of such assessment, which 
amount shall be paid by the city or town into the treasury 
of the Commonwealth at the time required for the pay- 
ment and as a part of its state tax. 

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

Approved May 3, 1893. 

QllCin.2S4: ^^ ^^^ ^*^ IXCORPORATE THE KOCKLAXD FACTORY BUILDING 

ASSOCIATION. 

Be it enacted, etc., asfoUoivs: 
Rockland Fac Sectiox 1. Albert Culvcr, Ashton H. Pratt, Edward 

tory Building i i 

AsBociaiion P. Tori'ey, Charles W. Torrey, Joseph J. Estes and 

incorporae . j^j.j^j^j^ ^ Ncsmith, their associates and successors, are 

hereby made a corporation by the name of the Rockland 



Acts, 1893. — Chap. 284. 925 

Factory Building Association, for the })urpose of erecting 
and maintaining a factory or factories in the town of 
Koekland, to be used for the manufacture of boots and 
shoes and for other manufacturing purposes ; and for the 
purposes herein named said corporation shall have all the 
powers and privileges and l)e subject to all the restrictions 
and liabilities set forth in the general laws which are now 
or ma}' hereafter be in force relating to such corpora- 
tions. 

Section 2. The said corporation shall have power to May purchase 

hi 1 1 1 1 • /> • 1 ii • laud, erect and 

ase, lease and hold, m tee snnple or otherwise, a maintain buiid. 

certain parcel of land, comprised of a lot belonging to the »°««'«''=- 

heirs of Gideon Studley and parts of lots owned by Albert 

Culver and Jeremiah D. Connell, the whole lying north 

of the Old Colony railroad, in the town of Koekland, and 

bordered easterly by lands of Brainard Gushing and others, 

and northerly by Factory avenue and lands of Studley, 

Shoughrow, Connell, Whiting and Poole, and westerly by 

land of Bolger : may erect and maintain factory and other 

buildings and structures thereon, and may sell, lease, 

mortgage or otherwise dispose of its corporate property 

or any part thereof. 

Sectiox 3. The capital stock of said corporation shall ^ij^P?gg'et°'^''' 
be eighteen thousand dollars and shall be divided into 
shares of fifty dollars each : provided, that no liability 
shall be incurred until five thousand dollars of said cap- 
ital stock, either in cash or property, shall have been 
paid in. 

Section 4. The said corporation may from time to May increase 
time increase its capital stock in amounts not to exceed '^*^"'*^*^°°'^' 
in the ago-regate the further sum of ten thousand dollars : 
provided, that no shares in such increased capital stock Provisos. 
shall be issued for a less sum, to be actually paid in 
on such shares, either in cash or property, than the par 
value thereof, which shall not be less than fifty dollars ; 
and provided, also, that a certificate stating the amount 
of 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 ofiice of the 
secretary of the Commonwealth. 

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

Ax)proved May 3, 1893, 



926 Acts, 1893. — Chaps. 285, 286, 287. 



ChClp.2S5 -^^ -^CT DELATING TO ACTIONS COMMENCED BY TRUSTEE PROCESS. 

Be it enacted, etc. , as follows : 

commenced by Section 1. When it appears in any action, suit or 
trustee process, pi'oceecling, Commenced in the supreme judicial court or 
the superior court by trustee process, that the trustee was 
made a party for the purpose of giving the court jurisdic- 
tion of the cause in the county where said trustee resides, 
or has a usual place of l)usiness, and where neither the 
plaintiff nor the principal defendant resides or has a usual 
place of business, the court, on motion of the defendant 
at any time before the trial, may order the same, with all 
papers relating thereto, to be transferred to a county in 
which some one of the principal parties resides, upon 
such terms as the court may deem reasonable ; and it shall 
thereupon be entered and prosecuted in the same court 
for that county as if originally returnable therein, and all 
prior proceedings otherwise regularly taken shall there- 
after be valid. 

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

Approved May 5, 1893. 

Ck(ip.2iSQ ^^ ^^"^ "^^ AUTHORIZE THE COUNTY COMMISSIONERS OF THE COUNTY 
OF WORCESTER TO REPAIR AND ENLARGE THE JAIL AND HOUSE 
OF CORRECTION IN THE CITY OF WORCESTER. 

Be it enacted, etc., as JoUows : 
^fi'!^„!f i?^°* °^ The county commissioners of the county of Worcester 

jail and house of •/ , . -^ , , 

correction. are hereby authorized to repair and enlarge the jail and 
house of correction in the cit}' of Worcester, and for said 
purpose may borrow on the credit of said count}" a sum 
not exceeding one hundred and fifty thousand dollars. 

Approved May 3, 1893. 

ChCip.^iSl ^^ -^CT RELATIVE TO THE SUPERVISION OF THE STATE PRINTING. 

Be it enacted, etc., as folloivs: 

«aLTrintrng! Section 1. The secrctaiy of tlic Coiiimon Wealth shall, 
measurement of jn addition to his othcr duties, supervise the state print- 

pnnting under , r t r^ iiiii i 

state contract, lug. ihc auditor oi the Commouwealth shall cause to be 
measured all the printing done under the state ])rinting 
contract, and no bills for printing shall l)e allowed unless 
they are found to be in strict conformity to said contract. 
In order to properly carry out the provisions of this act 



Acts, 1893. — Chaps. 288, 289, 290. 927 

the auditor may employ an expert in printing, and may 
expend annually for such ^service a sum not exceeding one 
thousand dollars. 

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

Approved 3fay 6', 1893. 

An Act to establish the salaries of the county commissioners f^Jiff^ OQQ 

FOR the county OF WORCESTER. ^ 

Be it enacted., etc., as follows: 

Section 1. The salaries of the county commissioners eaiaries 
for the county of Worcester shall be forty-nine hundred «'*''*biished. 
and fifty dollars a year, to be so allowed from the first 
day of April in the year eighteen hundred and ninety- 
three. 

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

Approved May 3, 1893. 



Chap.2S9 



An Act relating to the election of certain officers in the 
city of northampton. 

Be it enacted, etc. , as follows : 

Section 1. The legal voters of the city of North- Election of 
ampton shall elect at each annual city election, in the fn'the'chy o7^ 
same manner in which the mayor is elected, one trustee ^o^^^ampton. 
under the will of Charles E. Forbes, instead of three trus- 
tees as now provided by the charter of said city, and such 
trustee shall serve for the term of three years ; and said 
voters shall annually elect in the same way a secretary 
and treasurer of the trustees of the Forbes library, to 
serve for the term of one year. 

Section 2. The city council of said city shall not office abolished. 
hereafter elect any agent to represent the city in the 
meetings of the Massachusetts Central Railroad Company. 

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

Ajjproved May 3, 1893. 



Chap,290 



An Act to authorize the town of stoneham to incur indebt- 
edness beyond the limit fixed by law, for a townhall 

AND public library BUILDING. 

Be it enacted, etc., as follows: 

Section 1. The town of Stoneham, for the purpose May incur in- 
of acquiring land for a new townhall and public library fo wnbaTand°'^ * 
building, and for erecting and furnishing said building, ^undfng^'^*''^ 



vote. 



928 Acts, 1893. — Chaps. 291, 292. 

may incur indebtedness not exceeding one hundred thou- 
sand doHars, and may issue negotiable bonds or certifi- 
cates of indebtedness therefor, and may renew the same 
from time to time : provided, that in no event shall the 
time for the payment of the same or any part thereof be 
extended beyond the period of thirty years from the pas- 
sage of this act. 
Not to be con- Sectiox 2. The indebtedness incurred uudcr this act 
determining the shall uot bc cousidcred or reckoned in determining the 
ilmit?"^* ^ authorized limit of indebtedness of the town of Stoneham 
under the provisions of section four of chapter twenty-nine 
of the Public Statutes. 
p. 8.29, and Sectiox 3. Exccpt as herein otherwise provided the 

apply.' ' 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 apply 
to the issue of such bonds or certificates of indebtedness. 
To take effect Section 4. This act shall take clfect whcu acccptcd by 

by°a°twrihird8 a two thirds vote of the legal voters of the town of Stone- 
ham present and voting thereon at a meeting called for 
that purpose. Approved May 5, 1893. 



ChaV 291 -^^ ^^'^ ^^ ESTABLISH THE SALARIES OF THE COUNTY COMMIS- 
SIONERS FOR THE COUNTT OF BRISTOL. 

Be it enacted, etc., as follows: 

fstabiuhed. The Salaries of the county commissioners for the county 

of Bristol shall be thirty-three hundred dollars a year, to 
be so allowed from the first day of April in the year 
eighteen hundred and ninety-three. 

Approved May 3, 1893. 



(JJian.^Q^ An Act relative to giving credit to students by innholders 

AND OTHERS. 

Be it enacted, etc., as follows: 

rmended.^''' SECTION 1. Sectiou twcnty-one of chapter oue hundred 
and two of the Public Statutes is hereby amended by in- 
serting in the third line, after the word "student", the 
w^ords : — who is a minor, — so as to read as follows : — 
Ki^ifn'to"^ ^° ''^ Section 21. No innholder, tavern keeper, retailer, con- 
Biudents who fectioucr, or keeper of a shop or house for the sale of 

are minors. c. -, •,. iii /-i 

dnnk or food, or a livery stjible keeper tor horse or 
carriage hire, shall eive credit to a student, who is a 



Acts, 1893. — Chaps. 293, 294. 929 

minor, in an incorporated academy or other educational 
institution within this state. 

Section 2. Section twenty-three of chapter one hun- p. s. 102, §23, 
dred and two of the Public Statutes is hereby repealed. 

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

Approved May 5, 1893. 



repealed. 



O^ap.293 



Ax Act relating to the construction, maintenance and in- 
spection OF BUILDINGS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. No building two stories or more in heig-ht. Ways of egress 

1 • t • /« -r» T I 1 •! 1 irocn buildings 

hereafter erected in the city of Boston, and no such build- two or more 

.1., , ijjI r-ii- 1 stories in height 

ing in said city not used at the passage or this act as a in Boston, ttc. 
schoolhouse, church, theatre, public building, hall, place 
of assembly or jiublic resort, tenement house, boarding 
house or lodging house, or as a factory or workshop where 
ten or more persons are employed, or used above the second 
story as a dwelling by two or more families, shall be used 
for any of said purposes unless such building is provided 
with at least two independent and sufficient waj's of egress. 
One of said ways of egress shall consist of a flight of stairs 
extending from the lowest to the highest floor, made of 
fireproof material and enclosed in brick walls, with the 
enclosed space or stairway provided with a ventilating 
skylight which can be opened and closed from every floor, 
and having no opening other than for said skylight, and 
for doors from apartments and corridors. The other w^ay 
of egress shall be a flight of stairs approved by the in- 
spector of buildings, and may project over a public way. 
Every way of egress from every such building shall be 
kept in good repair and unobstructed. 

Section 2. Section eighty-two of chapter four hundred JepeatJd! ^^'' 
and nineteen of the acts of the year eighteen hundred and 
ninety-two is hereby repealed. 

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

A2)proved May 3, 1893. 

An Act to authorize the city of newton to divide ward njjfjj^ 294 

ONE INT<J two precincts. "' 

Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of the city of ward one of 

-v^ , , I'l -X- ■ ^ t r- 1/. the City of 

JNewton are hereby authorized to divide the hrst ward of Newton may be 
said city into two precincts, so that that part of the village precinct's" 



930 Acts, 1893. — Chaps. 295, 296. 

of Newton now in said ward, and the territory contiguous 
thereto, shall constitute one such precinct, and that por- 
tion of the village of Nonantum or North village, and the 
territory contiguous thereto, shall constitute the other 
precinct ; the boundaries of such precincts shall so far as 
possible be the centre lines of known streets or ways. 
Section 2. This act shall take effect upon its passage. 

Apjyroved May 3, 1893. 

(l}i(in,2iQ5 An Act to authorize the gkafton and upton railroad 

COMPANY TO ISSUE BONDS FOR THE PURPOSE OF PAYING FOR 
PERMANENT ADDITIONS AND IMPROVEMENTS. 

Be it enacted, etc., as follows : 
May issue mort- SECTION 1. The Graftou and Upton Railroad Com- 

gage bonds not ^ . , ^ i t • 

exceeding pauy, for the purpose of paying tor permanent additions 

"^ ' ' to and improvements upon its railroad, its furniture and 

equipment, is hereby authorized to issue bonds to an 
amount not exceeding at the par value thereof fifty thou- 
sand dollars ; and, as security for the payment of such 
bonds, may mortgage or pledge a part or all of its road, 
equipment or franchise, or a part or all of its property, 
real or personal. 
Limit of Section 2. Such bonds may be issued in sums not 

interest', etc. ' less than fivc hundred dollars each, payable at periods 
not exceeding twenty years from the date thereof, and 
may bear interest at a rate not exceeding six per cent, 
per annum, payable annually or semi-annuall}'. 
Approval and Section 3. Each boud shall be approved by some 

bonds. person appointed by the corporation for that purpose, 

who shall certify that it is properly issued and recorded. 

Approved May 3, 1893. 



OF NEWTON TO ABATE THE 
BY BOYD'S POND. 



(7Aao.296 ^^ ^^'^ '^^ authorize the city 

NUISANCE CAUSED 1! 

Be it enacted, etc., as follows : 
May take SECTION 1. For the pui'pose of abating the nuisance 

certain ponds, >^ ^ 11 ^o •iz-i 

lands, etc. causcd by Boyd's pond, so-called, the city council of the 
city of Newton may from time to time, within two years 
from the date of the passage of this act, take by purchase 
or otherwise and use said pond and the water course 
known as Laundry brook, flowing through said pond, or 
any portion thereof in the city of Newton and in the town 
of Watertown, as far as Cook's pond or Morse's pond, 



Acts, 1893. — Chap. 297. 931 

so-called, and mill rights, dams and rights of flowage 
connected with Boyd's pond, and such land within one 
hundred and fifty feet of the centre of said stream and 
pond as may be necessary for the purposes of this act ; 
and may alter, widen, deepen and straighten the channel 
of said water course and remove obstructions therefrom. 

Section 2. In taking said water course and said Boyd's ^^^P^^r of 
pond, or lands for the purposes aforesaid, said city coun- etc.; damages. 
cil shall proceed in the manner prescribed by law in cases 
where land is taken for ways in said city and said town 
of "Watertown, and persons suffering damages in their 
property shall have the same rights and remedies for the 
ascertainment and recovery of such damages as are pro- 
vided by law for the ascertainment and recovery of dam- 
ages for land taken for such ways. 

Section 3. All lands, mill rights and other property Jurisdiction of 
which may be acquired by the city of Newton within the wate'^own'^etc. 
town of Watertown, under the provisions of this act, shall 
be subject to the jurisdiction of said town, excepting so 
far as is herein provided, and shall be and remain a part 
of the territory of said town of AYatertown. 

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

Ap2')roved May 5, 1893. 



An Act relating to drain and ventilating pipes used in 
buildings in the city of boston. 



CA«p.297 



Be it enacted, etc. , as follows : 

Section 1. Section one hundred and twenty-five of amended ^^'^' 
chapter four hundred and nineteen of the acts of the year 
eighteen hundred and ninety-two is hereby amended by 
inserting in the second line, after the word "iron", the 
words: — or standard wrought iron, — and by inserting 
in the fifth line, after the word " pipes", the words : — if 
of Avrought iron, shall be of standard weight and strength, 
and if of cast iron, — so as to read as follows: — Section 
123. Drain and connecting ventilating: pipes shall be of Drain and 

. . O ^ oil venlilating 

sufficient size, and made of cast iron or standard wrought pipes- 
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, if of wrought weight and 

• II' o strength. 

iron, shall be of standard weight and strength, and if of 
cast iron, shall be of uniform thickness throughout, and 



932 



Acts, 1893. — Chap. 297. 



shall have an averao;e weio:ht not less than that below 
specified, viz. : — 



2-inch pipe, 
3-ineh pipe, 
4-inch pipe, 
6-inch pipe, 
6-inch pipe, 
8-inch pipe, 
10-inch pipe, 
12-inch pipe, 



5^ pounds 
9 1 pounds 
13 pounds 
17 pounds 
20 pounds 
33 I pounds 
45 pounds 
64 pounds 



per foot, 
per foot, 
per foot, 
per foot, 
per foot, 
per foot, 
per foot, 
per foot. 



Drainpipes. Drainpipes shall be properly secured by irons to walls, 

laid in trenches to uniform grade, or suspended to floor 
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 build- 
ing, and shall have a proper fall. Drainpipes shall be 
carried above the roof ojien and undiminished in size, and 
to a sufficient height not less than two feet above the roof, 
and 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 
the building, and shall not be exposed to pressure where 
they pass through walls. Ever}^ part of every drainpipe 
below a cellar floor shall be laid in a brick trench with a 
concrete base, and shall be accessible through sufficient 
unattached covers. 

Section 2. Section one hundred and twenty-seven of 
said chapter four hundred and nineteen of the acts of the 
year eighteen hundred and ninety-two is hereby amended 
by striking out in the fifth line, all after the word " sub- 
stance", and inserting in place thereof the following: — 
Joints of wrought iron pipes shall be made by screwing 
the same into double heavy cast iron fittings tapped with 
standard screw thread ; joints of cast iron pipes shall be 
made by thoroughly calking the same with molten lead ; 
joints of lead pipes with iron pipes shall be made by 
soldering the same into brass ferrules, and calking the 
ferrules to cast iron pipes or screwing them to wrought 
iron pipes, — so as to read as follows: — Section 127. 
JlsreJI'coatld,^^ I^'O'^ pipcs uscd in plumbing shall, before being put in 
«*'=• place, be first tested by the water or kerosene test, and 

then coated inside and out with coal tar pitch, applied 
hot, or with paint, or with some equivalent substance. 



1892, 419, §127, 
amended. 



Acts, 1893. — Chaps. 298, 299. 933 

Joints of wrought iron pipes shall be made by screwing Jointe of pipes, 
the same into double heavy cast iron fittings tapped with 
standard screw thread ; joints of cast iron pipes shall be 
made by thoroughly calking the same with molten lead ; 
joints of lead pipes with iron pipes shall be made by 
soldering the same into brass ferrules, and calking the 
ferrules to cast iron pipes or screwing them to wrought 
iron pipes. Ajyp^'oved May 5, 1893. 

Ax Act to establish the salaries of the haruor and land (7^ttD.298 

OOMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The salaries of the members of the board fg^tabifehed. 
of harbor and land commissioners shall be twenty-four 
hundred dollars a year for the chairman, and two thou- 
sand dollars a year for each of the other commissioners, 
to be so allowed from the first day of January in the year 
eighteen hundred and ninety-three. 

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

Approved May 3, 1893. 

An Act to incorporate the people's building association. (7Art7).299 

Be it enacted, etc., as follows: 

Section 1. Edwin Ginn, William P. Fowler, Robert Peopie-s Buiid- 

' *i mg A(»sociation 

Ireat Jrame, Emory J. Haynes, Laurence Mmot, Arthur incorporated. 
B. Ellis, Thomas Doane, John H. Storer, Theodore M. 
Clark, William D. P*. Bliss, John Crowley, Charles J. 
Page, George W. Pope, Robert Treat Paine, Jr., their 
associates and successors, are hereby made a corporation 
for ten years, by the name of People's Building Associ- 
ation, to hold and improve real estate in the city of 
Boston, or anywhere within ten miles of the city of Bos- 
ton, for the purpose of erecting, maintaining, leasing, 
selling and improving homes for working people and 
others of moderate means, and of promoting the adoption 
of improved modes of building and the enforcement of 
sanitary regulations calculated to secure the comfortable 
and healthful conditions of structures so occupied, subject 
to the provisions of chapters one hundred and five and one 
hundred and six of the Public Statutes, and to all general 
laws which now are or may hereafter be in force relating 
to such corporations, and shall have the powers and be 
subject to the liabilities and restrictions prescribed therein. 



934: 



Acts, 1893. — Chap. 300. 



May buy, hold, 
etc., real estate, 



Capital stock, 
shares and 
dividends. 



Section 2. Said corporation shall have power to buy, 
hold, sell, mortgage and lease real es^tate for the purposes 
aforesaid, with a regular place of business in the city of 
Boston. 

Section 3. The capital stock of said corporation shall 
be fifty thousand dollars, to be divided into shares of the 
par value of twenty-fiive dollars each, and the dividends 
on said shares shall not exceed five per cent, per annum 
on the par value thereof. The said corporation may from 
time to time increase its capital stock to an amount not 
exceeding two hundred thousand dollars. 

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

A^jproved May 5, 1S93. 



ChClD.^00 ^ ■^'^^ RELATIVE TO THE LAYrNG OUT OF PUBLIC PARKS BY 

TOWNS AND CITIES. 



Additional 
powers given to 
park commis- 
sioners. 



Proviso. 



Improvement 
of streets ; 
assessments. 



Be it enacted, etc. , as follows : 

Section 1. Any board of park commissioners consti- 
tuted under the authority of chapter one hundred and 
fifty-four of the acts of the year eighteen hundred and 
eighty-two as amended by chapter two hundred and forty 
of the acts of the year eighteen hundred and ninety, or of 
any special acts, shall have power to connect any public 
park, boulevard or driveway under its control, with any 
part of any city or town in this Commonwealth wherein it 
has jurisdiction, by selecting and taking any connecting 
street or streets, or part thereof, leading to such park, 
and shall also have power to accept and add to any such 
park any street or part thereof which adjoins and runs 
parallel with any boundary line of the same : provided, 
that the consent of the public authorities having control 
ot any such street or streets so far as selected and taken, 
and also the consent in writing of the owners of a majority 
of the frontaoje of the lots and lands abutting on such 
street or streets so far as taken, shall be first obtained. 

Section 2. Such board of park commissioners, or 
such public authorities as are by law authorized to levy 
taxes or assessments for the maintenance of such parks, 
shall have power to improve such street or streets as they 
may deem best, and for that pur[)ose they are hereby 
authorized to pay for the improvement thereof, and from 
time to time to levy or cause to be levied and collected a 
special tax or assessment on contiguous property abut- 



Acts, 1893. — CnAr. 300. 935 

ting upon such streets so improv^ed, for a sum of money 
not exceeding one luilf the estimated cost of such first 
improvement or improvements as shall be ordered and 
estimated by such board of park commissioners, but not 
for any subsequent repairs thereof; and to that end such 
board or pu1)lic autliorities shall have all the power and 
authority now or hereafter granted to them respectively, 
relative to tlie lev}', assessment and collection of taxes or 
assessments for corporate purposes. And such special 
taxes or assessments as are hereby authorized may be 
divided into not exceeding four annual instalments, bear- 
ing interest at the rate of five per cent, per annum from 
the date of confirmation until paid. And the said assess- 
ments or instalments thereof shall be collected and 
enforced in the same manner as is provided by law for 
the collection and enforcement of other taxes or assess- 
ments for or on account of such bodies or boards, so far 
as the same are applicable. 

Section 3. Such boards of park commissioners shall fioner's^'lJ'hlfve 
have the same power and control over the streets or parts control of 

111" 111 streets, etc. 

ot streets taken under this act as are or may be by law 
vested in them concerning the parks, boulevards or drive- 
ways under their control. 

Section 4. In case any such streets or parts thereof ^t?ee[°'n3°ay 
shall pass from the control of any such park board, the o^®",^'' °^^®'' 
power and authority over the same granted or authorized 
by this act shall revert to the proper corporate authorities 
of such city or town, respectively, as aforesaid. 

Section 5. Any city or town shall have full power cities and towns 
and authority to invest any of such park boards with the wdswuh^''' 
right to control, improve and maintain any of the streets stTeets'.' ^'*^'' °^ 
of such city or town, for the purpose of carrying out the 
provisions of this act. 

Section 6. The provisions of chapter one hundred of''p'!i°rkcom-' 
and fifty-four of the acts of the year eighteen hundred and missioneram 

^^ Cltl69 

eighty-two, so far as the same relate to the number and 
manner of appointment of park commissioners, shall 
apply to all cities in which park commissions have been 
established by special law. In towns and cities having control of pub- 
boards of park commissioners said boards shall have grouudsretc. 
charge of all public pleasure grounds and of the planting 
and care of trees and shrubs in the public highways and 
about public buildings. Approved May 3, 1893. 



936 Acts, 1893. — Chap. 301. 



(J JlCip. SOI ^^ ^^"^ '^^ ESTABLISH A RIVER LINE ALONG THE BANK OF THE 

CONNECTICUT RIVER AT SPRINGFIELD. 

Be it eiiacted, etc., asfoHoivs : 

fliMi^ld. Sectiox 1. No wharf, pier, wall, filling or other 

structure or work shall ever hereafter be built or ex- 
tended in the Connecticut river at Springfield beyond the 
river line herein described, except that the city of Spring- 
field may, upon license from the board of harbor and land 
commissioners, extend sewer outfalls beyond said line. 
Said river line is hereby established as follows : — Begin- 
ning at a point marked A, in the boundary line between 
the cities of Chicopee and Springfield and one hundred 
and eighty feet southwesterly from the stone monument 
in said line on the easterly line of Plainfield street ; thence 
running southerly on the arc of a circle with a radius of 
thirty-two hundred feet, following the general trend of the 
shore of the river, to the northerly line of a private street 
called Rowland avenue extended to a point marked B, 
twelve hundred and forty-six feet southwesterly from the 
intersection of the northerly line of Rowland avenue and 
the westerly line of Plainfield street ; thence running 
southeasterly by a straight line tangent at the point B, to 
the curved line A-B, seven hundred and eighty-four feet, 
to a point marked C ; thence running southeasterly on an 
arc of a circle, curving easterly, with a radius of fourteen 
hundred feet tangent at the point C, to the line B C, five 
hundred and eighty-seven feet, to a point marked D ; 
thence running southeasterly b}^ a straight line about 
sixteen hundred and fifty-eight feet, to the southerly line 
of Lowell street extended to a point marked E, fourteen 
hundred and eighty-two feet southwesterly from the 
intersection of the southerly line of Lowell street and the 
westerly line of Plainfield street ; thence running south- 
easterly by a straight line about nine hundred and five 
feet, to the northerly line of West street extended to a 
point marked F, twelve hundred and fifty-six feet south- 
westerly from the intersection of the northwesterly line 
of West street and the westerly line of Plainfield street ; 
thence running southeasterly on the arc of a circle, 
curving easterly, with a radius of fifty-two hundred and 
sixty-five feet tangent at F, with the line F-E, nineteen 
hundred and seventy-six feet, to a point marked G ; 
thence lunning southeasterly by a straight line about 



Acts, 1893. — Chap. 301. 937 

twenty-three hundred and eighteen feet, to the north- River une 
westerl}^ side line of Cypress street extended at a point 
marked H, four hundred and five feet southwesterly from 
the intersection of tiie northeasterly line of Fulton street 
and the northwesterly line of Cypress street ; thence 
running southeasterly about five hundred and seventy feet, 
to a point marked I, at the southerly corner of the 
abutment at the Springfield end of the Boston and Albany 
Railroad Company's bridge over the Connecticut river ; 
thence continuing southeasterly, a little more southerly, 
parallel with the tace of the river wall of the New York, 
New Haven and Hartford Railroad Company, three hun- 
dred and forty feet, to a point marked J; thence continu- 
ing southeasterly, a little more easterly, about seven 
hundred feet, to the southerly line of Bridge street ex- 
tended at a point marked K, two hundred and fifty-eight 
feet southwesterly from the intersection of the southerly 
line of Bridge street and the southwesterly line of Water 
street ; thence continuing southeasterly, a little more 
southerly, about twelve hundred and thirty feet, to the 
northwesterly line of Elm street extended at a point 
marked L, three hundred and sixty-five feet southeasterly 
from the intersection of the northwesterly line of Elm 
street and the southwesterly line of Water street; thence 
continuing southeasterly, still more southerly, about 
nineteen hundred feet, to the southeasterly line of Banks 
avenue extended at a point marked M, six hundred and 
eighty feet southwesterly from the intersection of the 
southeasterly line of Banks avenue and the southwesterly 
line of Water street ; thence continuing southeasterly, 
still more southerly, parallel with the main line tracks of 
the New York, New Haven and Hartford railroad, to a 
point marked N, one thousand feet northerly from the 
southerly side line of the South End bridge over the Con- 
necticut river at its intersection with the abutment at the 
Springfield end of the bridge ; thence continuing south- 
easterly about one thousand and three feet, to a point in 
the southerly side line of said bridge marked O, thirty 
feet southwesterly from the face of said abutment and two 
hundred and thirty-eight and nine tenths feet southwesterly 
from the intersection of the prolongation of said southerly 
side line of said South End bridge with the easterly side 
line of South street ; thence running southerly on the arc 
of a circle with a radius of twenty-four hundred feet, 



938 



Acts, 1893. — Chap. 302. 



River line 
established. 



No structure 
or tilling to be 
done without 
license. 



curving westerly, for a distance of thirty-one hundred and 
thirty-nine feet, to a point marked P ; thence running 
southwesterly five hundred feet, by a straight line tangent 
at P, with the line 0-P, to a point marked Q ; thence 
running southwesterly eight hundred and ninety-two feet, 
on an arc of a circle, curving southerly, with a radius of 
sixteen hundred feet tangent at Q, to the line P-Q, to a 
point marked R ; thence running southwesterly about 
three hundred and eighty feet in a straight line tangent 
at R, to the line Q-R, to the boundary line between the 
city of Springfield and the town of Longmeadow at a 
point marked 8, fifteen feet northwesterly from the stone 
monument in said boundary line between the New York, 
New Haven and Hartford railroad and the bank of the 
Connecticut river. 

Section 2, No structure or filling shall be done inside 
of said river line and beyond the present bank of the said 
river without authority or license therefor first duly 
obtained under and subject to the provisions of chapter 
three hundred and forty-four of the acts of the year 
eighteen hundred and eighty-five and chapter nineteen of 
the Public Statutes. 

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

Ap2^roved May 3, 1893. 



1SS3, 138, §1, 
amended. 



C%tt/).302 ^^ ^^"^ RELATIVE TO NOTICES FItOM LOCAL BOARDS OF HEALTH 
IN CASES OF DISEASES DANGEUOCS TO THE PUBLIC HEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
thirty-eight of the acts of the year eighteen hundred and 
eighty-three is hereby amended by inserting in the third 
line of said section, after the word "smallpox", the 
words ; — or of any other disease dangerous to the public 
health, — and by striking out in the fifth line, the words 
"lunacy and charity", so as to read as follows: — 
fo°nou°/st'atr Sectioii 1. When the board of health of any city or town 
has had notice of the occurrence of a case of smallpox or 
of any other disease dangerous to the public health in such 
city or town, such board of health shall, within twenty- 
four hours after the receipt of such notice, notify the state 
board of health of the same. 

Section 2. Section two of said chapter is hereby 
amended by inserting after the word " smallpox", in the 



board of cases 
of smallpox, 
etc. 



1883, 138, §2, 
amended. 



Acts, 1893. — Chap. 303. 939 

second lino of said section, the words; — or of any other 
disease dangerous to the public health, — so as to read as 
follows: — Section 2. If the board of health of the city Town to forfeit 
or town, in which a case of smallpox or of any other pense if notice 
disease dangerous to the public health has occurred, *°° ^'^^°' 
refuses or neglects to send a notice as required in section 
one, such city or town shall forfeit its claim upon the 
Commonwealth for the payment of any expenses which 
may be incurred, as provided in section eighty-three of 
chapter eighty of the Public Statutes. 

Approved May 3, 1893. 

An Act relative to the manner of apportioning the expense (77i«7>.303 

OF THE SUPERVISION OF FOREIGN MORTGAGE CORPORATIONS. 

Be it enacted^ etc., as follows: 

Section 1. Section six of chapter four hundred and ameuded.^^' 
twenty-seven of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by striking out all of said 
section after the word "corporations", in the sixth line, 
and inserting in place thereof the following words : — For 
the purpose of providing for the salary of the commis- 
sioner, and other expenses approved by the governor and 
council, an annual license fee of fifty dollars, payable in 
advance, shall be assessed upon every association or cor- 
poration doing business under this act : provided, that if 
the sum realized is not sufficient to meet the expenses, 
the balance shall be borne by the several companies in 
proportion to their business done in this Commonwealth, 
and shall be assessed and recovered in the same manner 
provided for the assessment and recovery of the expenses 
of the railroad commissioners, — so as to read as follows : 
— Section 6. The compensation of the commissioner compensation 
shall be three thousand dollars per annum, payable e/one™.™'^' 
monthly from the treasury of the Commonwealth, which, 
together with all incidental and travelling expenses author- 
ized and approved by the governor and council, shall be 
borne by the several companies and corporations. For Apportionment 
the purpose of providing for the salary of the commis- ^^ e^i"^"^^^' «'°- 
sioner, and other expenses approved by the governor and 
council, an annual license fee of fifty dollars, payable in 
advance, shall be assessed upon every association or cor- 
poration doing business under this act : provided, that if 
the sum realized is not sufficient to meet the expenses, the 
balance shall be borne by the several companies in propor- 



940 



Acts, 1893. — Chap. 301. 



Commissioner 
may autiiorize 
certain corpora- 
tions to transact 
business, etc. 



To take effect 
July 1, 1893. 



tion to their business done in this Commonwealth, and 
shall be assessed and recovered in the same manner pro- 
vided for the assessment and recovery of the expenses of 
the railroad commissioners. 

Section 2. The commissioner upon the payment of 
such fee shall, if satisfied with the condition of any com- 
pany or corporation doing business under the provisions 
of said chapter, issue a license to such company or corpo- 
ration, allowing them to do business in this Common- 
wealth for one year from the date thereof, provided their 
condition continues satisfactory to him; and no company 
or corporation subject to the provisions of said chapter 
shall do l)usiness in this Commonwealth unless it holds 
such a license, and if the condition of any company shall 
become unsatisfactory to him he may revoke such license. 

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

Approved May o, 1893. 



ChciJ).S04: -^^ -^^'^ ^^ PROVIDE FOR THE ELECTION OP SEWER COMMISSIONERS 

IN TOW^NS. 

Be it enacted, etc., as follows : 



Sewer commis- 
sioners in 
towns, election 
and terms of 
office. 



Proviso. 



Powers and 
duties. 



Section 1. Any town which shall have accepted the 
provisions of this act, at a meeting duly called for that 
purpose, may choose by ballot three competent and dis- 
creet persons, inhabitants of said town, who shall con- 
stitute a board of sewer commissioners, one of whom shall 
be chosen for the term of one year, one for the term of 
two years and one for the term of three years from the 
date of the annual meeting of said town at which they 
may be chosen, or if they shall be chosen at a meeting 
other than the annual meeting, then for the term of one, 
two and three years, respectively, from the date of the 
annual meeting next preceding their election, and until 
their successors are chosen and qualified ; and at every 
subsequent annual meeting the voters of such town shall 
choose one person, qualified as aforesaid, to be a member 
of said board, to serve for the term of three years: pro- 
vided, that such acceptance, at any annual meeting there- 
after called for that purpose, may be revoked and said 
board abolished. 

Section 2. Said sewer commissioners shall have and 
perform exclusively all the powers and duties now vested 



Acts, 1893. — Chaps. 305, 30G. 941 

by law in selectmen and road commissioners, concerning 
the laying, maintaining, altering or discontinuing of 
sewers. 

Section 3. Said commissioners shall be sworn to the To be sworn, 
faithful discharge of the duties of their office and shall """^p®"^* '**"• 
receive such compensation for their services as the town 
may determine. 

Section 4. Whenever a vacancy occurs in said board facandef. 
of sewer commissioners the same shall be filled by the 
selectmen of such town, and the person so appointed shall 
hold his office until another shall be chosen at the next 
annual meeting of said town and qualified. 

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

Approved May 5, 1893. 

Ax Act to establish the width of Cambridge street ix that Qlin'Tf 305 

PART OF BOSTOX KXOWN AS ALLSTON. 

Be it enacted, etc., as follows : 

Section 1. The board of street commissioners of the Establishment 
city of Boston may by vote establish the wndth of that Cambridge 
part of Cambridge street lying between Harvard avenue ^[i7ton%tc. 
and Charles river, in the part of Boston known as Allston, 
and thereafter the mayor of said city may release to the 
owners of the several estates abutting on said street any 
lands within said street as it existed prior to said vote and 
not included in the street established as aforesaid, to the 
extent to each owner that such lands adjoin any such 
estate owned by him. 

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

Approved May 3, 1S93. 



Chaj).^06 



Ax Act relative to the powers and duties of the board 

OF CATTLE COMMISSIOXERS. 

Be it enacted, etc., as follows: 

Section 1. Each member of the board of cattle com- Board of cattle 

1 11 1 II xi 1 ii -i commissioners, 

missioners shall have all the power and authority con- powers and 
ferred upon l^oards of health by sections one, two and *^"''^^' 
three of chapter two hundred and fifty-two of the acts of 
the year eighteen hundred and eighty-seven, except the 
power and authority to make regulations in writing to 
regulate or prohibit the passage from, to or through any 
city or town, or from place to place within the same, of 
any cattle or other domestic animals, and all the power 



942 



Acts, 1893. — Chap. 306. 



Proviso. 



Animals to be 
isolated or 
killed, etc. 



Owner may be 
paid, etc. 



Contagious 
diseases. 



Penalty for 
failure to 
comply with 
regulation, etc. 



Inspectors of 
provisions, etc., 
appointment in 
certain towns. 



To be sworn, 
compensation. 



and authority conferred upon inspectors of provisions and 
animals under chapter fifty-eight of the Public Statutes : 
jirovided, however, that no appeal from any act done by 
any of said commissioners under said chapter fifty-eight 
shall lie to the board of health, as provided in section two 
of said chapter. 

Section 2. When any member of the board of cattle 
commissioners, by an examination of a case of contagious 
disease among domestic animals, becomes satisfied that 
the public good requires it, he shall cause such animals to 
be securely isolated, at the expense of the owner, or he 
shall cause them to be killed without appraisal or pay- 
ment ; but may pay the owner or any other person an 
equitable sum for the killing and burial thereof, and may 
also pay a reasonable sum for the animal destroyed, should 
it appear by a post mortem examination or otherwise that 
said animal was free from the disease for which it was 
condemned. 

Section 3. Contagious diseases within the meanino; 
of this act shall include glanders, farcy, contagious pleuro- 
pneumonia, tuberculosis, Texas fever, foot and mouth 
disease, rinderpest, hog cholera and rabies. 

Section 4. A person who fails to comply with a 
regulation made or order given by the board of cattle 
commissioners or any of its members, in the discharge of 
his or their duty, shall be punished by a fine not exceed- 
ing five hundred dollars or by imprisonment not exceeding 
one year. 

Section 5. Whenever the officers of a city or town 
refuse or neglect to carry into efiect the provisions of 
section one of chapter fifty-eight of the Public Statutes 
as amended by section one of chapter one hundred and 
ninety-five of the. acts of the year eighteen hundred and 
ninety-two and by section one of chapter four hundred 
and thirty-two of the acts of the year eighteen hundred 
and ninety-two, the commissioners shall have the power 
to appoint one or more persons to be such inspectors of 
provisions and of animals intended for slaughter or kept 
for the production of milk, within said city or town. 
Such inspectors shall be sworn faithfully to discharge the 
duties of their office and shall receive such compensation, 
not exceeding the sum of five hundred dollars a year each, 
as the commissioners shall determine, such compensation 
to be paid by such city or town ; and such city or town 



Acts, 1893. — Chaps. 307, 308. 943 

shall be liable to forfeit a sum not exceeding five hundred 
dollars for such refusal or neglect. 

Section 6. The mayor and aldermen of cities and the Removniof 
selectmen of towns shall have the power to remove any "epeciors, etc. 
person appointed by them to be an inspector under section 
one of said chapter fifty-eight of the Public Statutes as 
amended by section one of chapter one hundred and 
ninety-five of the acts of the 3 ear eighteen hundred and 
ninety-two, and by section one of chapter four hundred 
and thirty-two of the acts of the year eighteen hundred 
and ninety-two, and the board of cattle commissioners 
shail have the power to remove any inspector appointed 
under said section whenever said inspector neglects or 
refuses to be sworn and properly perform the duties of 
said office, and in such case shall appoint another person 
in his place to serve for the balance of his term. 

Section 7. The board of cattle commissioners may cienk of cattle 

.. iiji ji T/-ji'i' 1 commissioners, 

appoint a clerk to keep the records ot their doings, who apposutmeut 
shall receive such compensation, not exceeding the sum andcompensa- 
of five hundred dollars a year, as they shall determine. 

Section 8. Sections twelve and thirteen of chapter isst, 252, §§12, 
two hundred and fifty-two of the acts of the year eighteen §3,' iepe"aied.' 
hundred and eighty- seven, and section three of chapter 
one hundred and ninety-five of the acts of the year eight- 
een hundred and ninety-two, are hereby repealed. 

Approved May 5, 1893. 

An Act relating to the repairing of state ballot boxes, nhnr^j 3Q7 
Be it enacted^ etc., as follows: 

The repairing of state ballot boxes shall be at the Repairing of 
expense of the cities and towns to which such ballot boxes.'' ° 
boxes are furnished. Approved May 3, 1893. 

An Act relating to the recording and returning of the (7A«Z?.308 
number of persons voting at elections. 

Be it enacted., etc., as foUoios: 

The records and returns made in accordance with the Recording and 
requirements of section ninety-five of chapter four hundred ber"of pfrro"n"' 
and twenty-three of the acts of the year eighteen hundred tk,n8.^ "^ *'*'*'' 
and ninety shall include the number of names of persons 
of each sex checked as having voted. 

Approved May 3, 1893. 



944 



Acts, 1893. — Chap. 309. 



•Additional 
water supply 
for the town of 
Melrose. 



(7/ia».309 ^^ ■^^'^ '^^ PROVIDE AN ADDITIONAL WATER SUPPLY FOR THE 

TOWN OF MELROSE. 

Be it enacted^ etc., as folloivs: 

Section 1. The town of Melrose, for the purpose of 
furnishing additional water supply to the inhabitants of 
the town, may take, hold and use the waters of the great 
pond known as Ell pond, otherwise Crystal pond, situated 
in the town of Melrose, and the waters which flow into 
and from the same, and sink w^ells upon any lands situate 
therein ; and may also from time to time take and hold, 
by purchase or otherwise, such lands, rights of way and 
easements within the said town as may be deemed neces- 
sary for holding, preserving and protecting any waters 
thus obtained, and for conve^'ing the same to any part of 
the said town of Melrose ; and may erect on the land thus 
taken or held proper dams, reservoirs, 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 maintain conduits, pipes and such other 
works as may be deemed necessary for drawing, collecting, 
purifying, storing, retaining, discharging, conducting and 
distributing said waters through the said town of Melrose. 

Section 2. Said town shall, within sixty days after 
the taking of any lands, rights of way or easements afore- 
said, otherwise than by purchase, for the purposes of this 
act, file and cause to be recorded in the registry of deeds 
for the county of Middlesex, southern district, a descrip- 
tion thereof suflSciently accurate for identification, wnth a 
statement of the purposes for which the same were taken, 
which statement shall be signed by the water commis- 
sioners of the town of Melrose. 

Section 3. The said town shall be liable to pay all 
damages sustained by any persons or corporations in 
property by the taking of or injury to any of their land, 
water, water rights, easements or property, or by any 
other thing done by said town under the authority of this 
act : jvovided, hoivever, that said town shall not be liable 
to pay any damage resulting from the taking and using 
of the waters of the said great pond other than the state 
itself would be legally liable to pay. Any person or 
corporation sustaining damages as aforesaid under this 



To cause to be 
recorded in 
registry of 
deeds a descrip- 
tion of land 
taken, etc. 



Damages. 



Acts, 1893. — Chap. 309. 945 

act, who fails to agree with said town as to the amount 
of (hunagos sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, on application at 
any time within the period of three years from the taking 
of such land or other property or the doing of other injury 
under the authority of this act ; but no such application 
shall be made after the expiration of said three years. 
No application for assessment of damages shall be made 
for the taking of any water, water right, or for any injury 
thereto, until the water is actually withdrawn or diverted 
by said town under the authority of this act. 

Section 4. The said town may, for the purpose of ^^^'''o^^ Y^^*^"" 
paying the necessary expenses and liabilities incurred ceeding $75,000. 
under the provisions of this act, issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate seventy-hve thousand dollars. Such bonds, 
notes and scrip shall bear on their face the words, Melrose 
Water Loan ; 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 exceed- 
ing four per centum per annum, and shall be signed by the 
treasurer of the town of Melrose and be countersigned by 
the water commissioners of said town. The town may 
sell such securities at public or private sale, or pledge the 
same for money borowcd for the purposes of this act, 
upon such terms and conditions as it may deem proper, 
provided that such securities may not be sold or pledged 
at less than the par value thereof. The provisions of sec- sinking fund. 
tions seven and eight of chapter one hundred and sixty of 
the acts of the year eighteen hundred and seventy, in 
regard to establishing and maintaining a sinking fund for 
the redemption of the Melrose water fund bonds, shall 
apply to this act ; and said sinking fund shall remain 
inviolate and pledged to the payment and redemption 
of the Melrose water loan. 

Section 5. Whoever wilfully, wantonly or maliciously Penalty for wii- 

, Hi. T J. I? J.^ J. J. t ful pollution or 

corrupts, pollutes or diverts any ot the waters taken or diversion ot 
held under this act, or injures any structure, work or ^'*'"'«^"=- 
other property owned, held or used by said town, under 
the authority and for the purposes of this act, shall forfeit 
and pay to said town three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful, wanton 



946 



Acts, 1893. — Chaps. 310, 311. 



Powers and 
duties of water 
comraiBsioDers. 



or malicious acts shall be punished by a fine nolt exceeding 
three hundred dolhirs and by imprisonment not exceeding 
one year in the house of correction in the county of 
Middlesex. 

Section 6. All the authority granted to the town of 
Melrose by this act shall be vested in the board of water 
commissionei's of said town, chosen and elected as pro- 
vided by section six of chapter one bundled and sixty of 
the acts of the year eighteen hundred and seventy, who 
shall be subject however to such instructions, rules and 
regulations as said town may impose by its vote. 

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

two thirda^ote. but shall bccome void unless it is accepted by a tvvo thirds 

vote of the voters of said town present and voting thereon 

at any legal town meeting called for the purpose within 

three years from its passage. Approved May 4, 1893. 



Subject to ac- 
ceptance by a 



Chap 



Name changed. 



Devises, etc., to 
vest in The 
Union CmIvId- 
istic Society of 
Whitman. 



.310 An Act to change the name of the union calvinistic 
societv of the south part of the town of abington. 

Be it enacted^ etc., asfolloios: 

Section 1. The name of The Union Calvinistic Society 
of the South Part of the Town of Abington is hereby 
changed to The Union Calvinistic Society of AVhitman. 

Section 2. All devises, bequests, conveyances and 
gifts heretofore or hereafter made to said corporation by 
either of said names shall vest in The Union Calvinistic 
Society of Whitman. 

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

Approved May 4, 1893. 



Chap 



1891, 405. §1, 
amended. 



Board of 
commissioners 
for the pro- 
motion of 
uniformity of 



Q11 An Act to extend the term of office of the board of 

COMMISSIONERS FOR THE PROMOTION OF UNIFORMITY OF LEGIS- 
LATION IN THE UNITED STATES. 

Be it enacted^ etc., asfolloios: 

Section 1. Section one of chapter four hundred and 
five of the acts of the year eighteen hundred and ninety- 
one is hereby amended by striking out the word "two", 
in the ninth line, and inserting in place thereof the word : 
— six, — so as to read as follows : — Section 1. The 
governor shall with the advice and consent of the council, 
within thirty days after the passage of this act, appoint 



United Slates.''^ three suitable persons, who are hereby constituted a board 



Acts, 1893. — Chaps. 312, 313. 917 

of commissioners by the name and style of Commi.^sioners 
for the Promotion of Uniformity of Legishition in the 
United States. The said commissioners shall meet and 
organize within thirty days after the said board shall be 
appointed, and shall hold office for a term not exceeding 
six years from the day of such organization. Any 
vacancy in the office of such commissioner by resignation 
or otherwise shall be tilled for the unexpired term of 
appointment by the appointmeiit of a suitable person hy 
the governor with the advice and consent of the council. 
The governor may remove for cause any or all of said 
commissioners. 

Section 2. The sum of two thousand one hundred Appiopnatk.ii 
and eighteen dollars and seventy-eight cents, being the 
unexpended balance of the appropriation of twenty-tive 
hundred dollars made to carry out the provisions of said 
act, may be expended for such necessary expenses as may 
be incurred by said board of commissioners in the per- 
formance of their duties. 

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

Approved May 4, 1893. 



Chajy.nn 



An Act relating to the kepaik of private drains in streets 

OR WAYS. 

Be it enacted, etc., as follows: 

Section 1. Every owner of an estate which drains Penalty for 
into a private drain in a public or private street or way, repair prfvite 
who shall neglect to put such drain in good repair and or^^'LVsV*^' 
condition for ten days after being notified by the board of 
health of the city or town that the drain is out of repair 
and condition, shall be liable to a fine not exceedino: 
twenty dollars for every day that such neglect continues 
after the expiration of said ten days. 

Section 2. This act shall take effect in any city when to take effect 
accepted by the city council thereof, and in any town ance". '"^*^'^* 
when accepted by a majority vote of the voters of such 
town present and voting at a meeting of said town duly 
called for that purpose. Approved May 4, 1893. 



Chajy.SVo 



An Act extending the powers of the inspector of provi- 
sions, MILK, BUTTER, CHEESE AND VINEGAR FOR THE CITY OF LYNN, 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter, three hundred and amended'.^'' 
sixty-nine of the acts of the year eighteen hundred and 



948 



Acts, 1893. — Chap. 314. 



luspector of 
provisious, etc., 
for the city ci 
Lynn. 



Repeal. 



ninety-two is hereby amended by inserting in the third 
line, after the word "provisions", the words; — and of 
animals intended for slaughter or kept for the production 
of milk, — and by inserting in the eleventh line, after the 
word "provisions", the words: — and inspectors of 
animals intended for slaughter, and inspectors of animals 
kept for the production of milk, — so as to read as fol- 
lows: — Section 1. The board of health of the city of 
Lynn, and its successors, is authorized and empowered to 
a})point an inspector of provisions, and of animals intended 
for slaughterer kept for the production of milk, who shall 
also be an inspector of milk, butter, cheese and vinegar. 
Said officer shall be a])pointed annually in the month of 
May, and shall hold oifice until the tir^t 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 ot said board, and shall perform all 
duties now required by inspectors of milk, butter, cheese 
and vinegar, and inspectors of provisions, and inspectors 
of animals intended for slaughter, and inspectors of 
animals kept for the production of milk, and shall have all 
the powers that are now vested in said officers respectively. 

Section 2. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

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

Approved May 4, 1893. 



May sell real 
estate, etc. 



GhClD 314 ^^ "^^^ '^^ AUTHORIZE THB FIRST CONGREGATIONAL SOCIETY IN 
SOMERVILLE TO SELL AND CONVEY ITS REAL ESTATE AKD TO 
CONFIRM ITS I'ROCEEDINGS. 

Be it enacted^ etc., as follows: 

Section 1. The First Congregational Society in Som- 
erville is hereby authorized to sell the real estate now 
held by it, including the church edifice situated on High- 
land avenue in the city of Somerville and commonly known 
as the Unitarian church, and the land upon which it is 
located or adjoining thereto, and to convey the same by a 
deed executed by such officer or officers as said society at 
an}^ meeting thereof may designate, in fee simple or other- 
wise, and free from any liability on the part of the pur- 
chaser to see to the application of the purchase money, 
and to devote the net proceeds of such sale to the purchase 
of other land and the erection of a church edifice or other 
structures thereon for said society. 



Acts, 1893. — Chap. 315. 949 

Section 2. Tlic election of officers of said society at Kiectionof 
its annual meeting held on the tirst Monday of June in the pioceidings 
year eighteen hundred and ninety-two, and the proceed- 
ings of said society at its meetings, are hereby ratified, 
contirmed and made valid. 

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

Approved 3Iay 4, 1893. 



coDfirmed. 



C^«2^.315 



An Act relatixg to the increase of capital stock by cor- 
pora tions OWNING OR OPERATING A RAILROAD OR RAILWAY 
BY STEAM OR OTHER POWER. 

Be it enacted., etc., as follows: 

Section 1. Whenever a corporation owning or oper- increase of 
ating a railroad or railway by steam or other power ^iilvacf a^Id "'^ 
increases its capital stock, the new shares to the number pauie'ef'^"'"' 
necessary to produce the amount necessary for the pur- 
poses for which such increase is authorized sliall be ofiered 
proportionally to its stockholders, at the market value 
thereof at the time of increase, as shall be determined by 
the board of railroad commissioners, taking into account 
previous sales of stock of the corporation and other per- 
tinent conditions. The directors shall cause written notice 
of such increase to be given to each stockholder who was 
such at the date of the vote to increase, stating the amount 
of such increase and the proportion thereof in shares or 
portions of shares which he would be entitled to receive 
on a division of the same, and the price at which he is 
entitled to take the same, and fixing a time, not less than 
fifteen days from the date of such notice, within which he 
may subscribe for such additional stock ; and each stock- 
holder may, within the time fixed, subscribe Cor his [)or- 
tion of such stock, and the same shall be paid for in cash 
on the issue of a certificate therelbr : j^f'ovided, that when 
the increase in the capital stock does not exceed four per 
cent, of the existing capital stoi k of the corporation, the 
directors may dispose of the same in the manner [)rovided 
in section two of this act, without first ofiering the same 
to the stockholders. 

Section 2. If, after the expiration of the notice pro- gaie of certain 
vided for in the preceding section, any shares of r-uch at'luctionf"'^ 
stock remain unsubscribed for by the stockholders entitled 
to take them, the directors shall sell the same at auction. 
All shares to be disposed of at auction under the provi- 
sions of this act shall be ofiered for sale to the hisfhest 



950 



Acts, 1893. 



Chap. 316. 



p. 8.112, §§5 
59; 113, §16, 
repealed. 



bidder, in the city of Boston or such city or town as may 
be prescribed by the railroad commissioners ; and notice 
of the time and place of such sale shall be published at 
least tive times during the ten days immediately preced- 
ing the sale, in such daily newspapers, not less than three 
in number, as may be prescribed by the railroad commis- 
sioners. No share shall be sold or issued for a lei?s sum 
to be actually paid in cash than the par value thereof. 

Section 3. Sections tift3"-eight and tifty-nine of chapter 
one hundred and twelve and section sixteen of chapter one 
hundred and thirteen of the Public Statutes are hereby 
repealed. Approved May 4, 1893. 



ChOJ) 31() ^^ -^^^ ^*^ AUTHORIZE THE QUINCY AND BOSTON STREET RAIL- 
WAY COMPANY TO PURCHASE THE PROPERTY AND FRANCHISES 
OF THE QUINCY STREET RAILWAY COMPANY AND THE MANET 
STREET RAILWAY COMPANY AND TO INCREASE ITS CAPITAL 
STOCK AND ISSUE BONDS. 



The Qiiincy and 
Boston Street 
Railway Com- 
pany may 
purchase the 
franchises, etc., 
of certain other 
street railway 
companies. 



Proviso. 



May increase 
capital stock, 



Be it enacted^ etc., as follows: 

Section 1. The Quincy and Boston Street Railway 
Company is hereby authorized to purchase all the rights, 
franchises and property belonging to the Quincy Street 
Railway Company and the Manet Street Railway Com- 
pany, or of either of said companies ; and said Quincy 
Street Railway Company and said Manet Street Railway 
Company, or either of them, are authorized to sell, convey 
and assign their or its franchises and property, and all the 
rights, easements, })rivileges, locations and powers granted, 
or in any way belonging to them or it, to the said Quincy 
and Boston Street Railway Company, whioh company 
shall, upon such a conveyance being made, have and enjoy 
all the rights, powers, privileges, locations, easements, 
franchises and property which heretofore belonged to or 
were in any way owned by the said Quincy Street Rail- 
way Company and the Manet Street Railway Company, 
or either of them, subject to the duties, liabilities and 
restrictions applicable to the same under the geneial laws 
relating to street railway companies : provided, however, 
that such purchase and sale shall not be valid unless agreed 
to by a majority of the directors of the contracting cor- 
porations, and approved by a majority in interest of the 
stockholders of such contracting corporations, at meetings 
called for that purpose. 

Section 2. For the purpose of carrying out the 



Acts, 1893. — Chap. 317. 951 

authority lierchy iirantod, and for the purpose of huiklini:^ issue mortgage 

. ,* ,' ' . , ,. i 1 1 i boadB, etc. 

Its road over locations now or hcrcaiter granted and not 
already built upon, of rebuilding the road or roads pur- 
chased under the authority given by this act, and of 
equipping the same, the said Quincy and Boston Street 
Eailway Company by a vote of a majority in interest of 
its stockholders, at meetings called for the purp(jse, may 
increase the capital stock from time to time from the 
amount of one hundred thousand dollars to an amount not 
exceeding three hundred thousand dollars, the additional 
stock to be disposed of in the manner provided in section 
sixteen of chapter one hundred and thirteen of the Public 
Statutes ; and may issue coupon or registered bonds, 
bearing interest not exceeding six per centum per annum, 
to an amount not exceeding the amount of the capital 
stock actually subscribed for and paid in, for a term of 
not exceeding twenty years from the date thereof, with 
interest thereon. The said Quincy and Boston Street 
Railway Company may make a mortgage of its road and 
franchise, and any part of its other property, and may 
include in such mortgage property thereafter to be 
acquired. Said company may in such mortgage reserve to 
its directors the right to sell or otherwise dispose of prop- 
erty included in such mortgage which may become worn, 
damaged or otherwise unsuitable to be used in the opera- 
tion of its road, providing that an equivalent in value is 
substituted in lieu therenf. All bonds so issued shall tirst 
be approved by some person appointed by the corporation 
for that purpose, who shall certify upon each bond that it 
is properly issued and recorded. 

Secttox 3. The provisions of section four of chapter isoi.sos, §4, to 
three hundred and eight of the acts of the year eighteen "i''''^* 
hundred and ninety-one are, so far as they are applicable 
hereto, made part hereof, and shall apply to purchases 
and sales by and of said companies hereunder. 

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

Ajyproved May 4, 1893. 

An Act to chaxge the name and extend the powers of the QJidrr) 3X7 

NANTUCKET BEACH STREET RAILWAY COMPANY. 

3e it enacted^ etc., as follows : 

Sectiox 1. The name of the Nantucket Beach Street Name changed. 
Railway Company is hereby changed to the Siasconset 
Street Railway Company. 



952 



Acts, 1893. — Chap. 317. 



Motive power. 



Locations con- 
firmed. 



May incrpase 
capital stock. 



Mny construct 
and operate 
rond on land 
outside of high- 
ways, etc. 



May carry 
frerght and the 
mails. 



May issue mort- 
gage blinds not 
exceeding 
$100,000. 



To become void 

unless exten- 
sions are in 
operation before 
July 1,1897 



Section 2. Said company may hereafter equip and 
operate its railway, and any extension or branch thereof, 
with electricity or any other motive power other than 
steam. 

Section 3. The locations heretofore granted to said 
company hy the selectmen of the town of Nantucket 
are hereby confirmed to said company for its road 
already constructed and for any extensions or branches 
thereof. 

Section 4. The capital stock of said company may 
be increased by a vote of a majority of the stock- 
holders to any sum not exceeding one hundred thousand 
dollars. 

Section 5. Said company may acquire, by purchase 
or lease, land not in the public highway, not exceeding 
sixty feet in width, for the purpose of constructing its 
tracks thereon, and may construct its tracks and operate 
its road. thereon. 

Section 6. Said street railway company may carry 
freight on its road, or any extension or branch thereof, or 
act as a common carrier of goods, or contract to carry and 
carry the mails. 

Section 7. For any or all of the purposes set forth in 
this act, and for the purpose of constructing, equipping 
and operating any extension or branch of its road hereafter 
constructed, said street railway company may issue coupon 
or registered bonds not exceeding in amount the sum of 
one hundred thousand dollars, to bear interest at a rate 
not exceeding six per centum per annum, and running for 
a period not exceeding thirty years, and may secure the 
same by a mortgage on the property, rights or franchises 
now owned or hereafter acquired by it. Said bonds so 
issued shall be first approved by some person appointed 
by the corporation for that purpose, who shall certify 
upon each bond that it is properly issued and recorded. 
Said bonds shall not be issued until said issue is authorized 
by a majority in interest of the stockholders of said com- 
pany at a meeting called for that purpose. 

Section 8. This act shall take effect upon its passage, 
but shall become void unless said extensions are con- 
structed and put in operation before the first day of July 
in the year eighteen hundred and ninety-seven. 

ji2)proved May 4, 1893. 



Acts, 1893. — Chaps. 318, 319. 953 



An Act to autiiorizk the wakekield and stoneham stueet (JJ^d^y 'd\B 

KAILAVAY COMPANY TO EXTEND ITS KAILWAT AND EQUU' THE 
5AME WITH ELECTRICITY. 

Be it enacted^ etc., as follows: 

Section 1. The Wakefield and Stoneham Street May exiemi iu 
Railway Company is hereby authorized to construct and equipYhe saiu* 
operate its railway in the towns of Wakefield, Stoneham, wiii>'"ec«n«<y. 
Reading and Saugus, where locations have already been 
or may hereafter be granted, and in the towns of Melrose 
and Lynnfield, where locations may be granted by the 
selectmen of said towns, and to equip its railway with 
electricity, and to build a power station; and for the Mayinci<a6e 
above purposes said railway company is hereby author- andVe8ue°mt.t- 
ized to increase its capital stock by an amount not exceed- ^"^'^ ''"'"'''• 
ing two hundred thousand dollars, and may issue its 
mortgage bonds to an amount not exceeding its capital 
stock actually paid in at the time of said issue of bonds. 

Section 2. Nothing in this act shall annul any con- Not to iiun«.i 
itions now miposed in any iranchise that has been imposed. 
granted by the selectmen of said towns. 

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

Approved 3 fay 4, 189B- 

An Act to supply the town of west boylston with avatek. (7/j^fy.3i9 
Be it enacted, etc., as follows: 

Section 1. The town of West Boylston may supply Town of we*t 
itself and its inhabitants with water for the extinguish- BiriMdy"!^^^*^ 
ment of fires and for manufacturing, domestic and other ^^'t'' ^^a"^'- 
purposes ; may establish fountains and hydrants, relocate 
and discontinue the same, and may regulate the use of 
such water and fix and collect rates to be paid for the use 
of the same. 

Section 2. The said town, for the purposes aforesaid, May take 

11 ' certain WMiers, 

and for the purpose of obtaining a supply of water, may laiuis, etc 
take, by purchase or otherwise, and hold the waters of 
Trout brook, otherwise called Ball brook, and Governor's 
brook, so-called, in the town of Holden, and the waters 
that flow into and from the same ; and it may take, by 
purchase or otherwise, and hold any water rights con- 
nected with said streams or brooks, and any springs and 
streams tributary thereto, and the waters of any other 
ponds or water sources within the watershed of said 



951 



Acts, 1893. — Chap. 319. 



mgs, lay down 
pipes, «tc. 



'I'o eauae to be 
recorded in 
registry of 
deeds a descrip- 
IJlon of lands 
tuk»», etc. 



J>ui»ages. 



brooks or tributaries thereof, and the waters of any pond, 
stream or water source, and the tributaries thereof, within 
the town of West Boylston, and the water rights con- 
nected with any of said sources ; and also all lands, rights 
of way and easements necessary for holding and pre- 
serving such water and for conveying the same to any 
part of said town ; and may erect upon the land thus 
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 eflective water works ; and 
may construct and lay down conduits, pipes and other 
works under or over any lands, water courses, railroads 
or public or private ways, and along any such way in such 
manner that the same, when completed, shall not unneces- 
sarily obstruct such way ; and for the purpose of con- 
structing, maintaining and repairing such conduits, pipes 
and other works, and for all proper purposes of this act, 
said town may dig up, raise and embank any such lands 
or ways, in such manner as to cause the least hindrance 
to public travel on such ways; may sink wells, gang or 
otherwise, or build collecting galleries, and may do all 
acts necessary for the completion of the same. 

Section 3. The said town of West Boylston shall, 
within ninet}^ days after the taking of any land, rights of 
way, water rights, water sources or easements as afore- 
said, otherwise than by purchase, file and cause to be 
recorded in the Worcester district registry of deeds a 
description thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same were 
taken, signed bj'^ the water commissioners hereinafter pro- 
vided for or by such person or persons as may be author- 
ized to act by the said town of West Boylston. 

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 cor- 
])oration entitled to damages as aforesaid under this act, 
who fails to agree with said town as to the amount of 
damages sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, by making applica- 



Acts, 1893. — Chap. 319. 935 

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 authoiity of this act; but no appli- 
cation shall be made after the expiration of said three 
years. No application for assessment of damages shall 
be made for the taking of any water, water right or any 
injury thereto, until the water is actually withdrawn or 
diverted l)y said town under the authority of this act. 

Section 5. The said town may, for the purpose of wate/Loan°" 
paying the necessary expenses and liabilities incurred 2100*^000"'''°^ 
under the provisions. of this act, issue from time to time 
])onds, notes or scrip, to an amount not exceeding in the 
aggregate one hundred thousand dollars ; such bonds, 
notes and scrip shall bear on their face the words, West 
Boylston 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 and be countersigned 
by the water commissioners hereinafter provided for. The 
said town may sell such securities at public or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, and upon such terms and conditions as it 
may deem proper. The said town shall pay the interest sinking fund. 
on said loan as it accrues, and shall provide at the time 
of contracting said loan for the establishment of a sinking 
fund, and shall annually contribute to such fund a sum 
sufficient with the accumulations thereof to pay the prin- 
cipal of said loan at maturity. The said sinking fund 
shall remain inviolate and pledged to the payment of said 
loan and shall be used for no other purpose. 

Sectiox (3. The said town instead of establishing a Annual p.iy- 
sinking fund may, at the time of authorizing said loan, ™'^'^**- 
provide for the payment thereof in such annual payments 
as will in the aggregate extinguish the same within the 
time ))rescribed in this act ; and when such vote has been 
passed the amount required shall without* further vote be 
assessed I)y the assessors in said town in each year there- 
after until the debt incurred by said loan shall be extin- 
guished, in the same manner as other taxes are assessed 
under the provisions of section thirty-four of chapter 
eleven of the Public Statutes. 

Section 7. The return required by section ninety-one Return of 
of cha[)ter eleven of the Public Statutes shall state the fng fund, etc" 



956 Acts, 1893. — Chap. 319. 

amount of sinking fund established under this act, and if 
none is estal)lished, whether action has been taken in 
accordtince with the provisions of the preceding section, 
and the amount raised and applied thereunder for the 
current year. 
Payment of Sectiox 8. The towu shall raise annually by taxation 

cxpenseg, in- . , , . ^ ,' 

terest, etc. a suui wliicli with the income derived from the water rates 
will be sufficient to pay the current annual expenses of 
operating its water works and the interest as it accrues 
on the bonds, notes and scrip issued as aforesaid by said 
town, and to make such contributioiis to the sinking fund 
and payments on the principal as may be required under 
the provisions of this act. 
wirfuuomip. Section 9. Whoever wilfully or wantonly corrupts, 
tion or diversion pollutcs or divcrts any of the waters taken or held under 

of water, etc. '^. . . . '^ , , 

this act, or injures any structure, work or other property 
owned, held or used by said town under the authority and 
for the purposes of this act, shall forfeit and pay to said 
town three times the amount of damages assessed therefor, 
to be recovered in an action of tort ; and upon conviction 
of either of the above wilful or wanton acts shall be pun- 
ished by a fine not exceeding three hundred dollars or by 
imprisonment not exceeding one year. 
Sr'L^eiTcuou. Sectiox 10. The said town shall, after its acceptance 
terms of office, of this act, at a legal meetinof called for the purpose, elect 

powers, duties, , , ,, , ^ i i i /*i i-i i 

etc. by ballot three persons to hold omce, 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 ballot 
for the term of three years. All the authority granted to 
the town by this act and not otherwise specially provided 
for shall be vested in said board of water commissioners, 
who shall be subject however to such instructions, rules 
and regulati(ms 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 commis- 
sioners shall constitute a quorum for the transaction of 
business relative both to the water works and the sinking 
fund. Any vacancy occurring in said board for any cause 
may be filled for the remainder of the unexpired term 
by said town at any legal town meeting called for th© 
purpose. 



Acts, 1893. — Chap. 320. 957 

Section 11. This act shall take effect upon its accept- TotnUc effect 

, . J. I" J.1 i f ' 1 i. 4- "I'"" acceptance 

ance bv a two thirds vote or the voters oi said town present i.y aiwoihiids 
and votinir thereon at a legal town meeting called for the ^"^*" 
purpose within three years from its passage ; but the num- 
ber of meetings so called in any one year shall not exceed 
four. 

Section 12. No source of water supply shall be taken source to be ap. 

. ' 1 1 proved by stale 

under this act for domestic purposes without the recom- board of health. 
mendation and advice of the state board of health. 

Ap2)roved May 4, 1893. 



Chop.d20 



An Act to encokporate the fall river and new Bedford 
street railway company. 

Be it enacted^ etc.^ as follows; 

Section 1. William C. Traiford, Eufus A. Soule, Fnii River and 
Frederick O. Dodge, Savory C. Hathaway and Elijah R. sulet RaiUvay 
Lewis, their associates and successors, are hereby made a ■"'^"'"porated. 
corporation under the name of the Fall River and New 
Bedford Street Railway Company ; with all the powers 
and privileges and subject to all the duties, conditions 
and restrictions 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 Location, con- 
construct and operate a railway, with single or doul)le openuTo'n'^of 
tracks and with convenient turn-outs and switches, in '■»'i"'ay- 
part upon private land and over and upon any streets or 
highwa3's in the cities of Fall River and New Bedford and 
the towns of VVestport and Dartmouth, as shall be from 
time to time fixed and determined by the mayor and 
aldermen of the cities of Fall River and New Bedford for 
their respective cities, and the selectmen of the towns of 
Dartmouth and Westport for their respective towns. 
Said company may construct its tracks over private land 
and hold the same by purchase or lease. 

Section ,3. The location of said street railway outside Location outside 
of public streets and highways shall not exceed fifty feet ^ creels, etc. 
in width. 

Section 4. Said company may maintain and operate Motive power, 

. , ., , 1 i- Al il alteration of 

said railway l)y any approved motive power, other than streets, erection 
steam, and with the consent of the mayor and aldermen ""„anceof poies 
of the respective cities of New Bedford and Fall River, "'"^ '^''"*^^- 
and the boards of selectmen of the respective towns of 



95S 



Acts, 1893. — Chap. 321. 



Capital stock. 



May issue mort- 
gage bonds not 
exceeding $300,. 
000. 



To become void 
except where 
railway is 
operated prior 
to July 1, 1896. 



Dartmouth and Westport, 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 
estaijlish and maintain such motive power. 

Section 5. The capital stock of said company shall 
not exceed three hundred thousand dollars, exce{)t that 
said company may increase its capital stock subject to all 
general laws applicable to such increase. 

Sectiox 6. Said corporation 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 three hundred thousand dollars, for a term not ex- 
ceeding tw^enty years from the date thereof: jjrovided, 
that no issue of bonds shall be made unless there shall 
have been actually paid in an amount of the capital stock 
equal to the amount of such issue. To secure payment of 
such bonds, with interest thereon, the said corporation 
may make a mortgage of its road and franchise and any 
part of its other property, and may include in such 
mortgage property thereafter to be acquired, and may 
therein reserve to its directors the rij^ht to sell or other- 
wise in due course of business to dispose of property 
included therein which may become worn, damaged or 
unsuitaljle for use in the operation of its road, provided 
an equivalent in value is substituted therefor, and bonds 
issued shall first be approved by some {)erson appointed 
by the corporation for that purpose, who shall certify 
upon each bond that it is properly issued and recorded. 

Section 7, The provisions of this act shall become 
void so far as relates to the rights of said company in any 
of the cities or towns herein mentioned in which it shall 
not have constructed and operated its railway prior to the 
first day of July in the year eighteen hundred and ninety- 
six.- 

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

Ap2^rovecl May 5, 1893. 



Chap 



Admission of 
fraternal bene- 
ficiary ore;ani- 
zations of other 
otatea. 



321 An Act relative to the admission ok fratehnal beneficiary 
organizations of other states. 

Be it enacted^ etc., as folloivs : 

Section 1. Fraternal beneficiary corporations of other 
states paying only disability and death benefits may, upon 
complying with the provisions of chapter four hundred 



Acts, 1893. — Chap. 322. 959 

and twenty-nine of the acts of the 3'ear eighteen hundred 
and eiglity-eight and acts in amendment thereof or in 
addition thereto, he admitted to this Commonwealth ; and 
such corporations heretofore admitted to transact husiness 
in this Commonwealth may continue such business by 
complying with said acts. The transaction of the busi- 
ness dttined in said acts, by any corporation, association, 
partnership or individuals, unless organized as provided 
in said acts or admitted as provided herein, is forbidden. 
Any violation of this section shall be punished as provided 
in said chapter and acts. 

Section 2. Section eighteen of chapter four hundred ^^^'j^^^^' §^^' 
and twenty-nine of the acts of the year eighteen hundred 
and eighty-eight is hereby amended by striking out all 
after the word " than", in the sixth line of said section, 
and inserting in place thereof the following words : — one 
thousand dollars, and by imprisonment in a jail or house 
of correction for not less than three months nor more than 
two 3'ears, — so as to read as follows : — Section 18. Any Penalty. 
such corporation, association or society transacting busi- 
ness in this Commonwealth, and any agent or otKcer of 
such cor])oration, association or society, neglecting to 
com])ly with or violating any provision of this act shall 
be punished by tine of not less than tifty nor more than 
one thousand dollars, and by imprisonment in a jail or 
house of correction for not less than three months nor 
more than tw^o years. 

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

Approved May 5, 1893. 

An Act e elating to the appointment of a superintendent /^^/y/ri QOO 

OF STREETS FOR THE CITY OF MARLBOROUGH. ^ 

Be it enacted ., etc., as follows: 

Section twenty-six of chapter three hundred and twenty 1890,320, §26, 
of the acts of the year eighteen hundred and ninety is ""^^ ^ 
hereby amended by striking out in the first and second 
lines, the words "and aldermen shall annually in the 
month of January elect ", and inserting in place thereof 
the words : — shall appoint annually in the month of 
January, subject to the confirmation or rejection of the 
board of aldermen, — by striking out in the fourth line, 
the word "chosen", and inserting in place thereof the 
word: — appointed, — by striking out in the fifth line, 
the w^ord "chosen", and inserting in place thereof the 



960 Acts, 1893. — Chap. 323. 

word: — appointed, — and by striking out in the sixth 
and seventh lines, the words "at the pleasure of the 
mayor and ", and inserting in place thereof the following 
words : — by the mayor, with the consent of the board of. 
Superintendent — SO as to read as follows ; — Section 26. The mayor 
pofntment,Term shall appoint annually in the month of January, subject 
mov^'^compen- ^o the Confirmation or rejection of the board of aldermen, 
eation.'etc. a Superintendent of streets, who shall hold office for one 
year from the first Monday of February in the year in 
which he shall be appointed and until his successor is 
appointed and qualified, unless sooner removed. He 
shall be removable by the mayor, with the consent of the 
board of aldermen, and a vacancy may be filled at any 
time by the mayor and aldermen for the unexpired term. 
Said superintendent shall receive such compensation for 
his services as the mayor and aldermen shall from time to 
time determine, and shall devote his whole time to the 
service of the city. And said superintendent may appoint 
one or more foremen to act under his control and direction, 
who shall receive such compensation as the mayor and 
aldermen may from time to time determine. It shall be 
the duty of the superintendent of streets, under the 
general care and direction of the mayor and aldermen, to 
superintend the general state of the streets, roads, side- 
walks, sewers, drains, bridges, parks, public places and 
squares of the city, and to attend to the making and 
repair of the same. Said superintendent shall perform 
such further duties, not inconsistent with the nature of 
his oflSce, as the mayor and aldermen may prescribe. All 
provisions of law applicable to the collection of city, 
county and state taxes shall apply to the collection of 
Powers and asscssments Under this act. Said superintendent shal! 
in general, except as otherwise herein provided, have 
exclusively the powers and be subject to the duties, 
liabilities and penalties which are by law given to or 
imposed upon road commissioners of towns. 

Approved May 5, 1893. 

OhaV S'^S ^ ^'^^ ^^ AUTHORIZE THE LYNN AND BOSTON RAILROAD COM- 

PANr TO EXTEND ITS RAILWAY. 



Be it enacted, etc., as follows 

■ugh 

ebsIx'I "° and operate its railway to and through the towns of Ips 



May extend SECTION 1. The Lvnu and Boston Railroad Company 

railway through . , , i • i • i • • 

the towns of ]s hercbv authorized to construct, equip, extend, mamtam 



Acts, 1893. — Chaps. 324, 325. 961 

■\vich and Essex, with all the powers and privileges and 
subject to all the restrictions, duties and liabilities set 
forth in the general laws which are now or hereafter may 
be in force relating to street railways. 

Section 2. This act shall take eflect upon its passage, Tobevoidun- 
but shall be void unless said extensions are constructed Ifre'o'perated''* 
nnd operated prior to the tirst day of July in the year Jg^g^'"''"'^^' 
eighteen hundred and ninety-six. 

Approved May 5, 1893. 

An Act relating to the trial of capital crimes. Chnn S24- 

Be it enacted^ etc., asfoUoivs: 

Section 1. Section ten of chapter three hundred and ame'ndld *^"' 
seventy-nine of the acts of the year eighteen hundred and 
ninety-one is hereby amended by adding at the end thereof 
the words : — when the public interest requires, — so as 
to read as follows : — /Section 10. The attorney-general Attorney- 

•/ cj gcDernl to ap- 

shall appear for the Commonwealth in the trial of indict- pear for the 

. :. -i 1 • 1 ji 1 !• • J A • Commonwealth, 

ments lor capital crimes when the public interest requires, etc. 
Section 2. This act shall take effect upon its passage. 

Approved May 5, 1893. 



An Act to provide for furnishing the state house exten 

SIGN. 



(7%x325 

Be it enacted, etc. , as follows : 

Section 1. The state house construction commission- Furnishing the 
ers are hereby authorized to properly provide the rooms tenMo'Jf."*'' ^^' 
in the state house extension with shelving, cases and all 
necessary furniture and fittings, ready for occupancy by 
the various departments to which they have been assigned, 
and for said purpose may expend a sum not exceeding 
three hundred and twenty-five thousand dollars. 

Section 2. All expenses incurred under this act shall Expenses to be 

., , ' , /•• iiTi P''^'' from state 

be paid irom the state house loan or nineteen hundred and house loan of 
one, authorized by chapter three hundred and forty-nine 
of the acts of the year eighteen hundred and eighty-eight, 
chapter three hundred of the acts of the year eighteen 
hundred and eighty-nine and chapter four hundred and 
thirtj'-eight of the acts of the year eighteen hundred and 
ninety-two, in the same manner as is provided for the 
payment of expenses under chapter four hundred and four 
of the acts of the year eighteen hundred and ninety-two. 
Section 3. This act shall take effect upon its passage. 

Approved May 5, 1893. 



962 Acts, 1893. — Chap. 326. 



ChCtV 326 ^^ ^^^ ^*^ AUTHORIZE THE TOWN OF NORTH BROOKFIELD TO 
INCREASE ITS "WATER INDEBTEDNESS FOR THE PURPOSE OF EX- 
TENDING ITS SYSTEM OF WATER PIPES AND SUPPLYING ELECTRIC 
LIGHT AND POWER IN CONNECTION WITH ITS WATER WORKS. 

Be it enacted, etc., as folloivs: 
North Brook- Section 1. The towH of Nortli Brookfield, for the 

held VV ater . , . . , . , ^ i 

Loanuotex- pui'poses mentioned in section live ot chapter tour hun- 

ceeding $50,000. \ \ , , , ,. ,, ,, , -• +i • i ^ 

ored and twenty-tour or the acts oi the year eighteen 
hundred and eighty-nine and for the purposes mentioned 
in this act, may issue from time to time bonds, notes or 
scrip, denominated on their face, North Brooktield Water 
Loan, to an amount not exceeding tifty thousand doUars 
in addition to the amounts authorized by said section ; 
said bonds, notes or scrip to be issued upon the terms, 
restrictions and conditions, and with the same powers as 
are provided in said act in respect to the loan therein 

Proviso. authorized: provided, that the whole anidunt of such 

bonds, notes or scrip issued by said town, together with 
those heretofore authorized for the same purposes, shall 
not in any event exceed the amount of one hundred and 

Subject to ac- fifty thousaud dollras : and provided, that this section 

ceptance by a , , ■ ,,. ^ • i 1 1 i i i 

two thirds vote, shall not take etiect unless it shall be accepted by a two 
thirds vote of the voters present and voting at a meeting 
of said town called for the purpose and held within one 
year from the passage of this act; but the number of 
meetings so called shall not exceed three. 

Town of West Sectiox 2. The said town of North Brookfield is 

Brooktield may 

supply itself hereby authorized, by means of the power used to pump 

with electricitv ^ •/ j. *■ <- 

etc. ' its supply of water or by such other temporary arrange- 

ments as may be necessary, to furnish to said town and 
the inhal)itants thereof electricity for light and power, and 
for that purpose may make contracts, set poles and extend 
wires in the public ways of said town ; and the powers 
granted by this section shall be exercised by the board 
of water commissioners, subject to the provisions of law 
relating to setting poles and extending wires in the public 
Subject to ac ways for the purpose of transmitting electricity : provided, 
two thirds vote, that tliis scctiou shall not take etfect unless it shall be 
accepted by a two thirds vote of the voters present and 
voting at a meeting of said town called for the purpose 
and held within one year from the passage of this act ; 
but the number of meetings so called shall not exceed 
three. Approved May 5, 1893. 



Acts, 1893. — Chaps. 327, 328, 329. 963 



An Act rHOviniNr. for the expense of clerical assistance nhfij^ Q07 

FOR THE CLERK OF THE SUPREME JUDICIAL COURT OF THE ^ 

COMMONWEALTH. 

Be it enacted, etc., as follows : 

Section 1. The iustices of the supreme iudicial court <^'*^'''S*'»«8'*'- 

* •^ ancc for ciGrK of 

of the Commonwealth are authorized to apply in their the supreme 

d,' ,• r J.^ L ' J. ^ r judicial court. 

iseretion any portion 01 the amount appropriated for 

their expenses for the current year to provide clerical 

assistance for the clerk of said court. 

Section 2. This act shall take effect upon its passao^e. 

Approved May 5, 1893. 

Ax Act making an appropriation for certain expenses of ni^r,^^ QOQ 

THE COMMISSIONER OF F'OREIGN MORTGAGE CORPORATIONS. ^ 

Be it enacted, etc., as follows : 

Section 1. The sum hereinafter mentioned is appro- Appropriation. 
priated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, to meet certain 
expenses of the commissioner of foreign mortgage cor- 
porations, to wit : — 

For the payment of expenses of the commissioner of of°S™i*n'*mort- 
foreign mortgage corporations, made necessary by suits gagecorpo- 
brought by said commissioner against certain corpora- 
tions doing business in this Commonwealth, a sum not 
exceeding four thousand dollars, being in addition to any 
amounts heretofore appropriated. 

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

Ap)proved May 5, 1893. 



Chap.S29 



An Act tn further addition to an act making appropria- 
tions FOR expenses authorized THE PRESENT YEAR AND FOR 
certain other EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., as folloivs : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, except as herein 
provided, for the purposes specified in certain acts and 
resolves of the present year, and for certain other expenses 
authorized by law, to wit : — 

For reprinting a list of persons whose names have been Reprinting list 
■changed in this Commonwealth, as provided for by chap- cii^n^^d! 



964 



Acts, 1893. — Chap. 329. 



Adjutant- 
general's first 
olerk. 



School superin- 
tendents. 



Contagious dis- 
eases among 
cattle, etc. 



Sewage of 
Maasachusetia 
school for the 
feeble-minded. 



State normal 
schools. 



Removal of 
departments to 
state house ex- 
tension. 



Norman Y. 
Brintnall. 



State normal 
school at West 
field. 



ter one hundred and ninety-one of the acts of the present 
year, a sum not exceeding two thousand dollars. 

For the salary of the first clerk in the office of the 
adjutant general, a sum not exceeding two hundred dol- 
lars, as authorized by chapter one hundred and ninety- 
three of the acts of the present year, being in addition to 
the two thousand dollars appropriated by chapter eight of 
the acts of the present year. 

For aiding small towns to provide themselves with 
school superintendents, as authorized by chapter two 
hundred of the acts of the present year, a sum not 
exceeding ten thousand dollars, the same to be in addition 
to the thirty-five thousand dollars appropriated by chapter 
eleven of the acts of the present year. 

For the purpose of exterminating contagious diseases 
among horses, cattle and other animals, a sum not exceed- 
ing five thousand dollars, the same to be in addition to the 
five thousand dollars appropriated by chapter twelve of 
the acts of the present year. 

For compensation to the city of Waltham for the right 
of disposal of the sewage of the ]\Iassachusetts school for 
the feeble-minded through their system of sewerage, and 
as a proportionate assessment upon said school for expense 
of construction of said sewerage system, a sum not exceed- 
ing fifty-five hundred dollars ; and for the said school's 
proportion of the annual expenses of maintaining and 
operating said sewers, a sum not exceeding five hundred 
dollars, as provided for in sections two and three, of 
chapter eighty-three of the acts of the present year. 

For the support of state normal schools, a sum not 
exceeding five hundred dollars, to be paid out of the 
moiety of the income of the Massachusetts school fund 
applicable to educational purposes, the same to be in 
addition to any amount heretofore appropriated. 

For expenses in connection with the removal of the 
various departments to their new locations in the state 
house extension, a sum not exceeding ten thousand dollars, 
as authorized by chapter fifty of the resolves of the pres- 
ent year. 

For Norman Y. Brintnall, the sum of one hundred and 
fifty dollars, as authorized by chapter fifty-two of the 
resolves of the present year. 

For improvements at the state normal school at West- 
field, a sum not exceeding thirty-five hundred dollars, as 



Acts, 1893. — Chap. 329. 965 

authorized by chapter tifty-six of the resolves of the 
preseut year. 

For certain improvements at the state almshouse at state aims. 
Tewksbury, a sum not exceeding; seventy-five thousand 
dollars, as authorized by chapter fifty-seven of the resolves 
of the present year. 

For providintr for a new outfit for the medical depart- Medical depart- 
ment of the militia, a sum not exceeding one thousand Sfiuir. 
dollars, as authorized by chapter fifty-eight of the resolves 
of the present year. 

For certain improvements at the state normal school at state normal 
Framingham, a sum not exceeding two thousand one hun- lugham. 
dred and six dollars, as authorized by chapter sixty of the 
resolves of the present year. 

For repairino^ a boiler at the state normal school at state normal i 

r-ci 1 T .1 1 11 ir./-Ti school at Salcm. 

balem, a sura not exceeding three hundred and nrty dol- 
lars, as authorized b}' chapter sixty-one of the resolves of 
the present year. , ^ 

For certain expenses at the state normal school at state normal 

1 , I, school at 

Bridgewater, the sum ot four thousand one hundved and Bridgewater. 
eighty-nine dollars and thirty cents, as authorized by 
chapter sixty-two of the resolves of the present year. 

For providing for consolidating and arranging the laws Laws relating to 
relating to savings banks and institutions for savings, a etr"^'^*""^*' 
sum not exceeding seven hundred dollars, as authorized 
by chapter sixty-three of the resolves of the present 
year. 

For repairs to the farmhouse and for the removal of the state industrial 
old chapel at the state industrial school for girls, a sum '«=^°°' ^"^ g"i«- 
not exceeding five hundred dollars, as authorized by 
chapter sixty-four of the resolves of the present year. 

For expenses in connection with the publication of the Reports of casea 
reports of cases of contested elections, as provided for by eieciioris! ^ 
chapter thirty-six of the resolves of the year eighteen 
hundred and eighty-six, a sum not exceeding two hun- 
dred dollars. 

For printing the report of the metropolitan park com- Report of the 
mission, the sura of two hundred and fifty-two dollars and "rrk°''°"'*° 
seventy-eight cents, as authorized by chapter eighteen 
of the resolves of the present year, the same to be in 
addition to the amount heretofore appropriated. 

For authorized expenses of comraittees of the present Legislative 

.,',,.,. ' . committees. 

legislature, to include clerical assistance to committees 
authorized to employ the same, a sum not exceeding ten 



com- 
misslou. 



966 



Acts, 1893. — Chap. 330. 



Adjutant- 
general's addi- 
tional clerk. 



Widow of 
Samuel Crooke 



Taunton luna- 
tic hospital. 



Chan 330 ^ -^'^^ relating to a system 

-*■ X>T'T"T»( 



Cityof Pittsfield 
exempted from 
1892,245, §9. 



Powers and 
duties of com- 
missioners of 
sewers, etc. 



thousand dollars, the same to be in addition to the amount 
heretofore appropriated. 

For the salary of the additional clerk in the office of the 
adjutant general, a sum not exceeding four hundred dol- 
lars, as auth(n"ized by chapter two hundred and thirty- one 
of the acts of the present year, the same to be in addition 
to the sixteen hundred dollars appropriated by chapter 
eight of the acts of the present year. 

For the widow of Samuel Crooks, the sum of eight 
hundred and sixteen dollars, as authorized by chapter 
sixty-seven of the resolves of the present year. 

For repairs and improvements at the Taunton lunatic 
hospital, a sum not exceeding seventeen thousand five 
hundred dollars, as authorized by chapter sixty-eight of 
the resolves of the present year. 

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

Approved May 5, 1893. 

OF SEWERAGE FOR THE CITY OF 
PITTSFIELD. 

Be it enacted^ etc., as follows : 

Section 1. The city of Pittsfield is hereby exempted 
from the operation of section nine of chapter two hundred 
and forty-five of the acts of the year eighteen hundred 
and ninety-two. 

Section 2. The commissioners of sewers of the city of 
Pittsfield, appointed and acting under the provisions of 
chapter three hundred and fifty-seven of the acts of the 
year eighteen hundred and ninety, shall in general, except 
as otherwise provided in said act, have all the [)owers and 
duties relating to the laying, making and maintaining of 
common sewers built in said city under the provisions of 
said act, and to the ascertaining, making and certifying 
of assessments therefor, which are or ma}^ be given to and 
imposed upon the mayor and aldermen of cities, relating 
to laying, making and maintaining common sewers and to 
making assessments therefor, by the provisions of chapter 
fifty of the Public Statutes and of au}^ acts in amendment 
thereof and in addition thereto. All plans and descrip- 
tions of common sewers laid by said commissioners of 
sewers, and all records of the charges of making and re- 
pairing the same and of assessments therefor, may be kept 
in the office of said commissioners instead of the office of 
the city clerk of said city. 



Acts, 1893. — Chaps. 331, 332. 967 

Section" 3. The city council of said city may by vote certain bonds 
determine that the principal and interest of any bonds to ^ry^ibiVilTgoid 
be issued by said city, under the provisions of chapter °°*"- 
three hundred and Hfty-seven of the acts of the year 
eighteen hundred and ninety, shall be payable in gold 
coin equal to present value of fineness and weight. 

Section 4. This act shall take eil'ect upon its passage. 

Approved May 5, 1893. 



Chap.331 



An Act relative to leasing open spaces for gardens and 
playgrounds by cities and towns. 

Be it enacted^ etc., as follows : 

"Whenever in any city of the Commonwealth, or in any Leasing of open 
town of the metropolitan parks district, tenement dwell- denrand pfayl 
ings are built about or contiguous to open spaces, which f^uMand^owns. 
the owners may desire to keep open for garden and play- 
gound purposes, said spaces, upon the approval of the 
board of park commissioners, if any, and of the board of 
health of said city or town, or, in a city or town in the 
metropolitan parks district having no park commission, 
upon the approval of the local board of health and the 
metropolitan park commission, may be leased at a nomi- 
nal rental, not exceeding the taxes on said open spaces, 
for a term of not exceeding fifteen years, subject to re- 
newal by such city or town, for the purposes of a neigh- 
borhood playground ; but the care and control of said 
spaces shall continue to remain with the proprietors of 
such dwellings, under the supervision of the park com- 
missions of cities and towns where such commissions exist, 
and where they do not exist, under the supervision of the 
board of selectmen. Approved May 5, 1893. 



Chap.'d32 



An Act to annex a portion of the town of west bridge- 
water TO the city of BROCKTON. 

Be it enacted, etc., as follows : 

Section 1. So much of the town of West Bridge- Part of town of 
water, in the county of Plymouth, as lies between the water annexed 
present boundary line between said town and the city of Brockton. 
Brockton, in said county, and the following line, that is 
to say : Beginning at a stone post standing at the inter- 
section of the present line between the city of Brockton 
and the town of West Bridgewater with the south line of 
Oak street ; thence at a right angle southerly from said 



968 



Acts, 1893. — Chap. 332. 



Payment of 
taxes. 



Apportionment 
of state and 
county taxes, 
etc. 



Relief and sup- 
port of paupers, 



Election of 
national, state 
and county 
officers. 



town line two hundred and eighty-nine rods ; thence 
easterly in a line parallel to said town line to the town 
of East Bridgewater ; thence northerly by said town line 
of East Bridgewater to said present boundary line, — 
with all the inhabitants and estates therein, is hereby set 
off from the town of West Bridgewater and annexed to 
and made a part of the said city of Brockton. The por- 
tion thereof lying west of Main street shall constitute a 
part of the third ward thereof, and the portion lying east 
of INIain street shall constitute a part of the fourth ward 
thereof, until a new division of the wards of said city is made. 

Section 2. The inhabitants and estates within the 
territory above- described, and the owners of said estates, 
shall be holden to pay all the taxes which have been here- 
tofore legally assessed upon them by the town of West 
Bridgewater, and all taxes heretofore assessed and not col- 
lected shall be collected and paid to the treasurer of the 
town of West Bridgewater, in the same ruanner as if 
this act had not been passed. And until the next state 
valuation the city of Brockton shall annually, on or before 
the first day of November, also pay to the town of West 
Bridgewater the proportion of any state or county tax 
which the said town of West Bridgewater ma}' be required 
to pay upon the inhabitants or estates hereb}^ set off, said 
proportion to be ascertained and determined by the last 
valuation next preceding the passage of this act ; and the 
assessors of West Bridgewater shall make returns of said 
valuation, and of the proportion thereof in the town of 
West Bridgewater and in the city of Brockton respec- 
tively, to the secretar}' of the Commonwealth and to the 
county commissioners of the county of Plymouth. 

Section 3. If any person or persons who have here- 
tofore gained a settlement in said town by reason of resi- 
dence in said territory set off" as aforesaid, or by having 
been proprietors of any part thereof, or who ma}^ derive 
such settlement from any such residence or proprietorship, 
shall come to want and stand in need of relief, aid and 
support as paupers, they shall be relieved and supported 
by said city in the same manner as they would have been 
by said town had they gained a legal settlement therein. 

Section 4. Until a new apportionment of representa- 
tives shall be made the inhabitants of the territory de- 
scribed in the first section of this act shall, for the purpose 
of electing state and county officers, members of the execu- 



Acts, 1893. — Chap. 332. 969 

tive council, senators and representatives to the general 
court, electors of president and vice ])resident of the 
United States and representatives to congress, remain and 
continue to be a i)art of the town of West Bridgewater ; 
and the inhabitants resident therein qualified to vote shall 
be entitled to vote for said officers, and shall be eligible 
to the office of representative in the town of West Bridge- 
water ; and shall vote at the place or places at which the 
inhabitants of West Bridgewater vote. The mayor and 
aldermen of the city of Brockton shall annually make a 
true list of all persons resident in said territory, qualified 
to vote at every such election, and post the same in said 
territory according to law. They shall also deliver one 
such list, corrected as required by law, to the selectmen 
of West Bridgewater before the time of election, to be 
used thereat. 

Sectiox 5. Within one year from the passage of this Apportionment 
act the city of Brockton shall pay to the town of AVest town property. 
Bridgewater such proportion of the net debt, if an}'-, of 
the town of West Bridgewater as the value of the territory 
annexed to the city of Brockton, under the provisions of 
this act, shall bear to the wdiole valuation of the town of 
"West Bridgewater, according to the last annual assessors' 
valuation previous to the passage of this act. All the 
corporate property of the town of West Bridgewater 
within that part of said town hereby annexed to the city 
of Brockton shall be vested in and is hereby declared to 
be the property of the city of Brockton. 

Sectiox 6. The question of accepting this act shall be subject to ac 
submitted to the voters of the city of Brockton at the next m^jo^lty vote of 
annual state election, and if it shall be accepted by a Brolkton! etc. 
majority vote of the voters of said city voting upon the 
question of its acceptance at said election, it shall take 
eiiect upon the first day of February following. It shall 
be the duty of the clerk of said city to certify as soon as 
may be the ballots cast in said city, and the number 
of ballots cast in favor of the acceptance of this act and 
the number of ballots cast against said acceptance in said 
city, to the secretary of the Commonwealth. The secre- 
tary of the Commonwealth shall keep a record of the re- 
turns, and if it shall appear that a majority of the votes 
cast in said city are in favor of the acceptance of this act, 
the said secretary shall immediately issue his certificate 
declaring this act to have been duly accepted. 



970 Acts, 1893. — Chap. 332. 

^ueru^' to°^ °^ Section 7. If any election or balloting upon the qnes- 
votera if first tioR of the acceptance of this act by said city shall, within 
Glared void, etc. sixty days thereafter, be declared void by the supreme 
judicial court upon summary proceedings, on the petition 
of tifty voters of said city, the question of accepting said 
act shall be again submitted to the leijal voters of said 
city, and a meeting therefor shall, within thirty days 
thereafter, be called, held and conducted, and the votes 
returned and other proceedings had thereon as herein- 
after provided. But no election shall be held void for 
informality in calling, holding or conducting the elec- 
tion, or returning the votes or otherwise, except upon 
proceedings instituted therefor and determined within 
sixty days thereafter as aforesaid. Notice of the meet- 
ing for resubmitting the question of the acceptance of 
this act to the legal voters of said city shall be given at 
least seven da^^s before the time of meeting, and the polls 
shall be opened at nine o'clock in the forenoon and close 
at six o'clock in the afternoon of said day, and the voting 
on such question shall be by ballot. In case of the absence 
of any precinct officer at any precinct meeting held for the 
purpose aforesaid, a like officer may be chosen pro tem- 
pore, by hand vote, and shall be duly qualified, and shall 
have all the powers and be subject to all the duties of the 
regular officer of said meeting. Such meetings shall be 
called, notified and warned by the mayor and board of 
aldermen of said city in the same manner in which meet- 
ings for the election of municipal officers in said city are 
called, notified and warned. The l)allots given in shall 
be assorted, counted and declared in the several precinct 
meetings of said city, and records made thereof. The 
clerk of each precinct shall make return of all ballots 
given in his precinct, and the number of ballots in fjivor 
of the acceptance of this act and the numl^er of ballots 
against said acceptance, to the board of aklermen of said 
city. Said returns shall be made within forty-eight hours 
of the close of the polls. If a majority of all the ballots 
cast are in favor of the acceptance of this act it shall take 
effect on the first day of March following. The city clerk 
shall make return of the result of such second submission 
to the secretary of the Commonwealth in the manner pro- 
vided in section six of this act, and said secretary shall 
keep a record thereof and issue his certificate as provided 
in said section. 



Acts, 1893. — Chap. 333. 971 

Sectiox 8. So much of this act as authorizes and 
directs the submission of the question of the acceptance 
of this act to the legal voters of said city shall take eti'ect 
upon its passage. Approved May 8, 1893. 



Ax Act relating to the officers of the Massachusetts 

REFORMATORY, 



C/mp.333 



Be it enacted, etc., as follows: 

Section 1. The officers of the Massachusetts reform- officers of the 

, , r^ Till -jp • 1 1 , MassachuBetts 

atory at Concord shall consist ot one superintendent, one reformatory. 
deputy superintendent, one chaplain, one physician, one 
clerk, four turnkeys, one engineer and as many watchmen 
as the superintendent, subject to the approval of the com- 
missioners of prisons, may deem necessary, but not to 
exceed tifty-six in number. 

Section 2. The superintendent of said reformatory Compensation, 
shall receive a salary of thirty-five hundred dollars a year ; 
the chaplain«a salary of two thousand dollars a year ; the 
physician a salary of one thousand dollars a year. The 
officers appointed by the superintendent shall receive the 
annual salaries herein respectively set forth as follows, to 
wit : the deputy superintendent, two thousand dollars a 
year ; the clerk, two thousand dollars a year ; the engineer, 
fifteen hundred dollars a year ; each of the turnkeys an 
annual salary of twelve hundred dollars, and each of the 
watchmen an annual salary to be ascertained as follows : 
any watchman who shall have been in the service of said 
reformatory for less than three years, eight hundred dol- 
lars ; any watchman who shall have been in said service for 
three years and less than six years, one thousand dollars ; 
any watchman who shall have been in said service for six 
years, twelve hundred dollars. In fixing the rate of com- 
pensation of the officers as aforesaid, previous service in 
any prison of the Commonwealth shall be considered. 
No other perquisite, reward or emolument shall be allowed 
to or received by any of the said officers, except that there 
shall be allowed to the superintendent and deputy super- 
intendent sufficient house room, properly furnished, with 
fuel and lights, for themselves and their families. 

Section 3. All acts and parts of acts inconsistent with Repeal, 
this act are hereb}' repealed. 

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

Approved May 5, 1893. 



972 



Acts, 1893. — Chaps. 334, 335, 336. 



Chct7).3S4: ^^ '^^^ ^^ EXTEND THE TIME FOR COMPLETING CERTAIN IMPROVE- 
MENTS IN MYSTIC RIVER. 

Be it enacted, etc., as follows: 

Sectiox 1. The time heretofore allowed for the com- 
pletion of the improvements by the proprietors of the 
lands, wharves and flats lying between Johnson's wharf 
and Elm street on j\Iystic river, authorized by the special 
laws of this Commonwealth, is, with the rights and subject 
to the requirements of such laws, extended ten years from 
the passage hereof. 

Sectiox 2. Nothing herein contained shall be deemed 
or construed to be a revival of a corporation known as the 
Mystic River Corporation. 

\^The foregoing ivas laid before the Governor on the second day 
of May, 1893, and after five days it hadthe '•'' jorce of a law" as 
2)rescribed by the Constitution, as it ivas not returned by him with 
his objections the^'eto within that time.~\ 



Time for com- 
pleting certain 
improvements 
Id Mystic river 
extended. 



Not to revive the 
Mystic River 
Corporation. 



Chap. 



Superintendent 
of public build- 
ings, election, 
term of office, 
removal, com- 
pensation, etc. 



335 ^^ ^"^CT TO PROVIDE FOR THE ELECTION OF A SUPERINTENDENT 
OF PUBLIC BUILDINGS FOR THE CITVT OF BROCKTON. 

Be it enacted, etc., as follows : 

Sectiox 1. The city council of the city of Brockton 
shall annually, as soon after their organization as may be 
convenient, elect by joint ballot, in convention, a super- 
intendent of public buildings, who shall hold ofhce for the 
term of one year and until his successor shall be elected 
and qualified : jjrovided, hoivever, that said ofiicer may be 
removed at any time by the city council for sufficient 
cause, A vacancy occurring in the above-named oflice 
may be filled by joint ballot of the citj'^ council at any 
time. The compensation of the above ofiicer shall be 
fixed by concurrent vote of the city council. 

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

Approved May 10, 1893. 



(7Att79.336 ^^ ^^'^ '^O ANNEX A PART OF THE CITY OF QUINCY TO THE CITY 

OF BOSTON. 



Part of the city 
of Quincy an 



Be it enacted, etc., as folloivs: 

Sectiox 1 . All that part of the city of Quincy bounded 
nexedtothecity bv Ncpouset rivcr, Dorchestcr bav, the channel between 

of Boston. 'J I .11 11 " /. /-v • 

Thompson s island, and that part oi Qumcy known as 
Squantum, the harbor, the channel between Long island 



Acts, 1893. — Chap. 336. 973 

and Moon island, Quincy bay, and a line beginning at a 
point A, on a plan drawn by H. T. AVhitman, to be 
recorded in the office of the secretary of the Commonwealth 
on the i^assage of this act ; said point l)eing at the month 
of the creek discharging into Quincy bay about two hun- 
dred feet southerly from Moswetusset hill, so-called ; 
thence the line runs westerly, following the thread of said 
creek, crossing S(]uantum street at the present bridge ; 
then continuing in a nearlj^ westerly direction, following 
substantially the thread of said creek to Billings creek, 
so-called ; thence following the thread of Billings creek to 
the thread of the channel of Neponset river, said described 
land being known as Old and New Squantum and Big and 
Little Moon island, — with all the inhabitants on the lands 
above-described, is hereby set oil' and separated from said 
city of Quincy and made a part of the city of Boston. 
And the said land and inhabitants theretm shall be deemed 
and considered as annexed to and constituting a part of 
said city of Boston, subject to the same municipal regula- 
tions, obligations and liabilities and entitled to the same 
immunities in all respects as other lands and inhabitants 
in the said city of Boston : provided, however, that the Proviso, 
said tract of land and the inhabitants thereon, set ofi' as 
aforesaid, shall be lial)le to pay all such taxes as are 
already assessed on them by said city of Quincy, in the 
same manner as they are now liable. 

Section 2. If anv persons who have heretofore o:ained Relief and sup- 

. ^ J . . & port of paupers, 

a legal settlement in the city of Quincy by reason of resi- etc. 
dence on the territory set off as aforesaid shall come to 
want and stand in need of relief and support, they shall be 
relieved and supported by the city of Boston, in the same 
manner as if they had gained a legal settlement in said 
Boston, 

Section 3. The several courts within the county of couru)e/c°°^ 
Suffolk, after this act takes effect, shall have the same 
jurisdiction over all causes and proceedings in civil causes, 
and over all matters in probate and insolvency, which shall 
have accrued within said territory hereljy annexed, that 
said courts now have over like proceedings, causes and 
actions within the county of Suffolk : provided, that the 
several courts within the county of Norfolk shall have and 
retain jurisdiction of all causes, proceedings and matters 
that shall have been rightfully commenced in said courts 
prior to the time when this act takes effect ; and the 



974 



Acts, 1893. — Chap. 337. 



Release of in- 
terest in certain 
public properly. 



To be a part of 
ward twenty- 
four of the city 
of Boston. 



Subject to ac- 
ceptance within 
two years. 



superior court Tvitliin the county of Suifolk and the munic- 
ipal court of the Dorchester district of Boston sliall, after 
this act takes eflect, liave the same jurisdiction of all 
crimes, offences and misdemeanors committed within the 
territory annexed as they now exercise over crimes, offences 
and misdemeanors committed in their present jurisdiction. 
All suits, actions, proceedings, complaints, indictments 
and prosecutions, and all matters of probate and insol- 
vency, Avhich shall be pending within said territory before 
any court, commission or justice of the peace, when this 
act takes effect, shall be heard and determined as though 
this act had not passed. 

Section 4. All the interest which the inhabitants of 
said territory now have in the public property of the 
county of Norfolk is released to the county of Norfolk ; 
and all interest which said inhabitants have in and to the 
public property of the city of Quincy is hereby released 
to the city of Quincy. 

Section 5. The territory hereby annexed to the city 
of Boston shall become part of ward twenty-four in the 
city of Boston and shall so remain until the alteration of 
the ward limits by the city of Boston as provided by law. 

Section 6. This act shall take effect when accepted 
by the mayor and city council of the cit}^ of Boston and 
the mayor and city council of the city of Quincy, provided 
the same is accepted by them within two years from its 
passage. Approved May 12, 1893. 



1892, 341, §1, 
amended. 



CJiaV 337 ^^ ^^^ HELATIVE TO PUBLIC PARKS IN THE CITV OF CAMBRIDGE. 

Be it enacted, etc., asfolloivs: 

Section 1. Section one of chapter three hundred and 
forty-one of the acts of the year eighteen hundred and 
ninety-two is hereb}^ amended by striking out in the 
second line, the words "within three years", by insert- 
ing in the fifth line, after the word "advisable", the 
words : — upon the recommendation of the board of park 
commissioners hereinafter mentioned, — and by adding at 
the end thereof the words : — The fee of such real estate 
and lands shall vest in said city, — so as to read as fol- 
lows : — Section 1. The city of Cambridge by its city 
council, at any time after the passage of 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 



May take lands 
and lay oat 
public parks. 



Acts, 1893. — Chap. 337. 975 

advisable, upon tho reeomiiiendation of the board of park 
commissioners hereinafter mentioned, and may hiy out, 
maintain and improve the same as a pul)lic park or parks. 
The fee of such real estate and lands shall vest in said city. 

Section 2. Section eight of said chapter is hereby 1892, 341, §8, 
amended by striking out in the ninth line, the Avord '""^°'*^^- 
"two", and inserting in place thereof the word: — five, 
— so as to read as follows: — Section 8. For the pur- Cambridge Park 
pose of defraying the cost of such real estate and lands as ^eed°in°g°$5oo,. 
may be purchased, taken or held for the purposes afore- ''°°- 
said, and of constructing the park or parks authorized by 
this act, and paying all expenses incident thereto, the city 
council of Cambridge shall have authority to issue, in ex- 
cess of the limit allowed by law, scrip or bonds to be 
denominated on the face thereof, Cambridge Park Loan, 
to an amount not exceeding five hundred thousand dol- 
lars, bearing interest not exceeding four and one half per 
centum per annum, payable semi-annually, the principal 
to be payable at periods of not more than thirty years 
from the issuing of such scrip or bonds respectively. 
Said city council may sell the same or any part thereof 
from time to time, or pledge the same for money 1)or- 
rowed 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 applica- 
ble, apply to this act. 

Section 3. Said city may make rules for the use and go"ve?Dment of 
government of such park or parks, and for breaches of parks; appoint- 
such rules affix penalties, not exceeding twenty dollars police, etc. 
for one offence, to be imposed l)y any court of competent 
jurisdiction ; may a})point a police force to act in such 
parks, and generally may do all acts needful for the 
proper execution of the powers and duties granted to or 
imposed upon such city by this act and said chapter : 
provided, however, that no land shall be taken or any other Expenditures 
thing involving an expenditure of money be done under aone'*.''^'^"^'"'*' 
this act or said chapter until an a})propriation sufficient to 
cover the estimated expense thereof shall have been made 
by a vote of two thirds of each branch of the city council ; 
and such expenditures shall in no case exceed the appro- 
priations made therefor, and all contracts made for expend- 
itures beyond the amount of such appropriations shall be 
void. 



976 



Acts, 1893. — Chap. 338. 



Park comrais- 
Bloners, elec 
tion, powers 
and authority. 



1892, 341, §0, 
repealed. 



To take effect 
upon accept- 



Section 4. All the rights, powers and authority given 
to the city of Cambridge by this act and by said chapter, 
except for the taking of land and assessment of better- 
ments, shall be exercised by said city, subject to all 
duties, liabilities and restrictions herein contained, through 
a board of persons to be appointed by said city, who shall 
be styled park commissioners. 

Section 5. Section nine of chapter three hundred and 
forty-one of the acts of the year eighteen hundred and 
ninety-two is hereby repealed. 

Sectiox 6. This act shall take effect upon its accept- 
ance by the city council of Cambridge. 

Approved May 12, 1893. 



Chap 



.338 '"^^ ^^^ ^^ AUTHORIZE THE WORCESTER, LEICESTER AND SPENCER 
STREET RAILWAY COMPANY TO INCREASE ITS CAPITAL STOCK AND 
PURCHASE THE RA1LW^A,YS, FRANCHISES AND PROPERTY OF CER- 
TAIN RAILWAY CORPORATIONS. 

Be it enacted, etc., as folloios : 

^enfranchises, Sectiox 1. The Worccstcr, Leicester and Spencer 
etc., of certain Street Kailw^ay Company is hereby authorized, with the 

other railway l i? 4-1 u J V M J • • ^ 

companies, etc. approval ot the board ot railroad commissioners, to pur- 
chase and hold the whole or any part of the rights, fran- 
chises and property of any street railway company now, 
or within two y^ars hereafter, having a location in whole 
or in part in the city of Worcester, including the Worces- 
ter and Shrewsbury Railroad Companj^, and each of said 
companies may sell, convey and assign to said Worcester, 
Leicester and Spencer Street Railway Company the 
whole or any part of its property, rights and franchises, 
on such terms as may be agreed to by the respective 
boards of directors of the purchasing and selling corpora- 
tions, and as shall be approved at meetings called for the 
purpose by a majority in interest of the stockholders of 
said corporations respectively. 

Section 2. Said Worcester, Leicester and Spencer 
Street Railway Company may extend and operate its 
railway in and through the city of Worcester and the 
towns of Auburn, Leicester, Oxford, Charlton and South- 
bridge, upon locations granted to it by the aldermen of 
said city and the selectmen of said towns, respectively, 
and all grants and locations heretofore made in said towns 
to said railway company are hereby ratified and confirmed. 



Extension of 
railway, etc. 



Acts, 1803. — Ch.u>. 338. 977 

Sectiox 3. For the purpose of carryinp^ into effect increaaeof 
the provisions of this act, and for no other |)urp()se, said issue of mort- 
Woreester, Leicester and Spencer Street Kailway Com- etc^* °° *' 
pany may increase its ca})ital stock and issue its mortgage 
bonds, but said new issue of capital stock shall not exceed 
the amount of capital stock authorized by the laws of this 
Commonwealth and actually ])aid in by the selling corpo- 
rations at the time of sale, and their indel)tedness incurred 
under the laws of this Commonwealth for construction, 
the cost of said extension to Southbridge, and fifty thou- 
sand dollars for the further equipment of the power sta- 
tion of the Worcester, Leicester and Spencer Street 
Railway Company, and the retirement of its floating 
debt ; and said new stock ma}^ l)e exchanged for the said 
stock of the selling corporations, but in no case at a valu- 
ation for said new stock of less than par, and any stock 
not so used may l)c sold at pu])lic auction or issued in any 
other way now authorized l)y law : provided, such issue Proviso. 
of bonds shall not exceed the capital stock of said rail- 
way actually paid in. And said bonds shall not be issued 
for any purpose for which the company has issued stock. 

Section 4. After any purchase herein authorized has Rights, liabm- 

*' tl6B 6tc* 

been eflected said Worcester, Leicester and Spencer Street 
Railway Company shall have, hold and enjoy all the rights, 
privileges, easements, locations, franchises and property 
of the selling cor|)oration, and shall be subject to all its 
duties, debts and liabilities, and shall forthwith file in the 
oflice of the secretary of the Commonwealth copies of 
the votes of the respective corporations assenting to said 
purchase, certified by the clerks of said corporations re- 
spectively. 

Sectiox 5. The provisions of section four of chapter isqi.sos, §4,to 
three hundred and eight of the acts of the year eighteen "^^^* 
hundred and ninety-one are made part hereof, and so far 
as may be shall apply to purchases and sales by and of 
said companies hereunder. 

Section 6. Said company may construct and operate Rights over 
its line over any private property which it has acquired by erty?'^ ^'^''^' 
purchase or lease. 

Section 7. The name of said Worcester, Leicester Name may be 
and Spencer Street Railway Company may be changed by ber°o^^dire"c'to"r"8 
vote of its directors to Worcester and Suburban Street ™eased."^' 
Railway Company, and it may increase its board of 
directors to not more than fifteen. 



978 



Acts, 1893. — Chap. 339. 



JoB^Vcome ed Section 8. All I'iglits granted under this act shall be 
to a foreign null and vold in case said road shall be sold or leased to 

corporation. i> • / • 

any toreign corporation. 

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

Approved May 12, 1893. 



Chajp 



Construction of 
Boylston street 
in the city of 
Boston, 



Determination 
of cost, assess- 
ment of better, 
ments etc. 



g3Q An Act to provide fok the constrdctiox of boylston street 

IN THE CITY OF BOSTON BETWEEN THE BACK BAY FENS AND BUOOK- 
LINE AVENUE. 

Be it enacted, etc., as follows: 

Section 1. The board of street commissioners of the 
city of Boston may lay out and construct, under the pro- 
visions of chapter three hundred and twenty- three of the acts 
of the year eighteen hundred and ninety-one as amended by 
chapter four hundred and eighteen of the acts of the year 
eighteen hundred and ninety-two, Boylston street in said 
city, between the Back Ba}' fens and Brookline avenue, 
substantially as shown on a plan of the board of survey, 
filed in the office of the city surveyor of said city, and 
may lay out and construct said street and the connections 
or intersections of other streets with the same, in accord- 
ance with the widths and lines shown on said plan or in 
accordance with any other widths and lines which they 
may deem proper : provided, that Boylston street shall 
not be laid out with a greater Avidtli than eighty feet. 

Section 2. Said board shall, after said street shall 
have been laid out and constructed, determine the cost 
incurred in carrying out the order of said board, includ- 
ing the expenses as certified to them by the auditor of said 
city, of taking land and of all other doings in the laying 
out and construction of said street, together with the 
expenses, not exceeding four dollars per lineal foot of 
sewer, of the sewers and connections, and the laying 
thereof, and of all other work and materials furnished bj^ 
or for the cit}'' in carrying out the order of said board, 
except the expenses for gas pipes, water pipes, their con- 
nections, and the laying thereof, and shall assess a i)ro- 
portional share of said cost upon the real estate, whether 
a part thereof is taken for said highway or whether 
situated on said street or otherwise, which said board 
shall adjudge receives any benefit and advantage from 
such laying out, construction and laying of sewers and 
pipes as aforesaid, beyond the general advantages to all 



Acts, 1893. — Chap. 340. 979 

real estate in such city, to the extent of the total amount 
of such adjudged benefit and advantage ; and the portion 
of said cost not so paid shall be borne by the city of 
Boston. 

Section 3. Except as otherwise specified herein, sec- Provisions of 
tions ten, twelve and thirteen of chapter three hundred lo'^roceedings, 
and twenty-three of the acts of the year eighteen hundred '''°''^' ^^'^■ 
and ninety-one, and of acts in amendment or addition 
thereto, shall ap])ly to all proceedings and work done 
under this act, but in determining damages sustained 
by the taking of any part of a parcel of land under 
this act no allowance shall be made by way of set-ofi" for 
benefit done to the remainder of said parcel, and except 
as otherwise specified in section two of this act, sections 
two, three, five, six, seven and eight of chapter fifty-one 
of the Public Statutes, shall apply to assessments under 
this act, and notice shall be given of assessments under 
this act as provided in chapter two hundred and ninety- 
nine of the acts of the year eighteen hundred and eighty- 
five. 

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

Ajyproved May 12, 1893. 



ChapMO 



As Act relative to quieting titles to real estate. 
Be it enacted, etc., as folloivs : 

Sectiox 1. When the record title of real property is Parties in- 
clouded by an adverse claim, or by the possibility of such Jfro^perfy may"' 
claim, any person in possession of such real estate claim- {Jersu^pVo^ed""" 
ing an estate of freehold therein or an unexpired term of ^',!;'™'''°^'° 
not less than ten years, and any person who, by force of try ws claim. 
the covenants in any deed or otlierwise, may be liable to 
damages if such claim should be sustained, may file a 
petition in the supreme judicial court, setting forth his 
interest, describing the premises, the claims and the 
possible adverse claimants so far as known to him, and 
praying that such claimants may be summoned to show 
cause why they should not bring an action to try such 
claim. Where no better description can be given, a 
general description, as the heirs of A. B., or the like, 
shall sufBce. A person who is in the enjoyment of an 
easement shall be held to be in possession of real prop- 
erty, within the meaning and for the purposes of this 
section. 



980 



Acts, 1893. — Chap. 340. 



Notice to be 
given. 



Proceedings in 
case of non- 
appearance or 
disobedience of 
orders. 



Persons who 
may join in a 
peiition ; ser- 
vice, etc. 



Proceedings 
upon appear- 
ance. 



Effect of non- 
compliance with 
judgment or 
decree. 



Right of party 
against whom a 
judgment or 
decree has been 
rendered, etc. 



Section 2. Upon such petition the court shall order 
notice to be given ])y publication to the supposed claim- 
ants, whether residents or non-residents of this Common- 
wealth, which notice shall bind all the world, but the 
court may also require personal or other notice, and if, 
ui)on return of the order of notice duly executed, the par- 
ties notified do not appear within the time limited, or 
having appeared, disobey the lawful order of the court to 
try their claim, the court shall enter a decree that they be 
forever debarred and estopped from having or enforcing 
any such claim adversely to the petitioner, or his heirs 
and assigns, in the premises described. 

Section 3. Two or more persons owning separate and 
distinct parcels of land in the same county, and holding 
under the same source of title, may join in a petition 
against the same supposed claimants, as may also persons 
owning separate and distinct interests in the same parcel 
or parcels. If the petitioner prefers, and the supposed 
claimants are residents of this Commonwealth, the peti- 
tion may be inserted like a declaration in a writ, and 
served by a copy, like a writ of original summons. If 
the persons notified or summoned appear and disclaim all 
right and title adverse to the petitioner they shall recover 
their costs. If they claim title they shall by answer show 
why they should not be required to bring a suit and try 
such title ; and the court shall make such decree respect- 
ing the bringing and prosecuting of such suit as may seem 
equitaljle and just. When any judgment or decree shall 
be rendered for a conveyance, release or acquittance in 
any court of this Commonwealth, and the party or parties 
against whom the judgment or decree shall l)e rendered 
do not comply therewith, within the time mentioned in 
said judgment or decree, such judgment or decree shall 
have the same operation and effect and be available as if 
the conveyance, release or acquittance had been executed 
conformably to such judgment or decree, subject to the 
provisions of the fourth section. 

Section 4. A party against whom a judgment or de- 
cree has been rendered hereunder without other service 
than l)y publication in a newspaper, and whose right is 
barred by such judgment or decree, shall have a right as 
a<»:ainst the party or parties in whose favor such judgment 
or decree was entered, or their heirs or devisees, to re- 
cover the value at the time he may bring suit, excepting 



Acts, 1893. — Chap. Ul, 981 

any improvements of any interest or riglit of which he 
may ha\e been deprived by such judgment or decree : 
provided, he might but for such judgment or decree have 
been able under the statute of limitations then in force to 
maintain at the date of bringing such suit an action for 
the recovery of such interest or the enforcement of such 
right. The court if, because of substantial reasons exist- Court may 
ing for believing that there are bona fide claimants in bond ue given, 
existence or for other special cause, it deems justice so ^"^" 
demands, may in its judgment or decree require the giv- 
ing of a bond to respond to any such suit brought within 
five years from such judgment or decree. 

Sectiox 5. Chapter one hundred and seventy-six of P-S.nerc- 
the Public Statutes is hereby repealed. 

Section 6. This act shall not att'ect any proceeding Not to affect 
begun under said chapter one hundred and seventy-six begutTf/nXr 
prior to the taking eflect of this act. ^- ^- ^^*'- 

Sectiox 7. This act shall not apply to any property, Not to apply to 
right, title or interest of the Commonwealth. orthec^ommon- 

Approved May 12, 1893. 



wealth. 



ChapMl 



An Act to authohize the city of waltham to incur indebt- 
edness BEYOND THE LIMIT FIXED BY LAW FOR PARK PURPOSES. 

Be it enacted, etc., as follows : 

Sectiox^ 1. The city of Waltham, for the purpose of May incur in- 

.•■. 1 .. .,.. . •11,1 deblfdnesH 

providing a park system in said city, may incur indebted- beyond the debt 
ness and may from time to time issue bonds or certificates pITrpJa^e'sr''' 
of indebtedness therefor, which shall become due and pay- 
able within a period not exceeding fifty years from the 
date of issue, to an amount not exceeding one hundred 
thousand dollars beyond the limit of indebtedness now 
fixed by law for said city : and the provisions of chaj)ter 
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 apply to the issue of such 
bonds, notes or scrip, and to the establishment of a sink- 
ing fund for the payment thereof at maturity. 

Section 2. The city shall, on issuing any of said sinking fund. 
bonds or certificates of indebtedness, establish a sinking 
fund and apportion thereto from year to year an amount 
sufiicient 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- 



982 



Acts, 1893. — Chaps. 342, 343. 



Refunding of 
monej' already 
expended or 
appropriated. 



c.ates 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. 

SECTiOiSr 3. The city of Waltham may use any portion 
of the issue of bonds or certificates of indebtedness 
authorized by this act for the purpose of refunding any 
sums of money already expended or appropriated by said 
city for park purposes. 

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

Apjjroved May 12, 1893. 



Chap.34:2 ^^ ^^'^ ^'*^^ '^^^ PROTECTION OF PUBLIC HEALTH IN THE CITY 

OF BOSTON. 



Lands in Boston 
to be filled to a 
certain grade, 
etc. 



Enforcement of 
orders of board 
of health. 



Be it enacted, etc. , as follows : 

Section 1 . Whenever the board of health of the city 
of Boston shall adjudge that the public health requires, 
and shall order that any lands in said city not bordering 
immediately on tide water be filled to the grade of eleven 
feet above mean low water, the owners of said land shall 
forthwith fill the same in accordance with said order and 
in a manner and with material satisfactory to said board. 

Section 2. Any justice of any court having jurisdic- 
tion in equity may, on the petition of the board of health 
of said city, enforce the provisions of this act by any 
proper process or decree. 

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

Approved May 12, 1893. 

C%ftZ>.343 ^^ ^^^ FIXING THE TIMES AND PLACE FOR HOLDING PROBATE 
COURTS IN THE COUNTY OF BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1. Probate courts shall be held in each year 
in the county of Barnstable, at Barnstable on the second 
Tuesdays of January, February, March, Ma}^ June, July, 
August, September, November and December, and on the 
first Tuesdays of April and October. 



Sessions of pro- 
bate courts in 
Barnstable 
county. 



Acts, 1893. — Chaps. 344, 345. 933 

Section 2. So much of section forty-eight of chapter Repeal, 
one hundred and (iftv"-six of the Public Statutes an rehites 
to the hohliuL!: of probate courts in the county of Barn- 
stable is hereby rejiealed. 

Sectiox 3. This act shall take effect on the first day To take effect 
of July in the year eighteen hundred and ninety-three. '^ ' 

Approved May 12 ^ 1893. 

An Act relating to clerical assistance in the office of (JJinr) 344 

THE REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY" 
OF MIDDLESEX. 

Be it enacted, etc., as follows: 

The register of probate and insolvency for the county clerical assist- 
of Middlesex shall be allowed, in addition to the amount Ter^of probate 
now allowed by law, a sum not exceeding fifteen hundred coun'fy^'^'*^**^^ 
dollars a year from and after the first day of July in the 
year eighteen hundred and ninety-three, for clerical assist- 
ance actuall}'^ performed, to be paid from the treasury of 
the county upon the official certificate of said register, 
countersigned hy the judge of probate and insolvency for 
said county. Approved May 12, 1893. 



Cha2jM5 



An Act relating to the duties of district attorneys. 
Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter seventeen of a^gnded^^^' 
the Public Statutes is hereby amended by inserting in the 
third line, after the word " interested ", the words : — and 
in the hearing, in the supreme judicial court, of all ques- 
tions of law arising in the cases of which they respectively 
have charge, — so as to read as follows: — Section 19. 
The district attorneys within their respective districts shall Duties of die- 
appear for the Commonwealth in the superior court in all in'certain'cfaleB, 
cases, criminal or civil, in which the Commonwealth is '^^'^' 
a party or interested, and in the hearing, in the supreme 
judicial court, of all questions of law arising in the cases 
of which they respectively have charge ; shall aid the 
attorney-general in the duties required of him, and shall 
perform all the duties which he is authorized to perform, 
and is not required to do personally ; but the attorney- 
general, when present, shall have the direction and man- 
agement of such prosecutions and suits. 

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

Approved May 12, 1893. 



984: 



Acts, 1893. — Chap. 346. 



railway cor- 
poraUons, etc. 



QJfan.34.Q -^^ ^^^ '^^ AUTHORIZE THE NATICK ELECTRIC STREET RAILM AY 
COMPANY TO EXTEND ITS RAILWAY, INCREASE ITS CAPITAL STOCK 
AND ACQUIHE BY n'RCIIASE THE RAILWAYS, FRANCHISES AND 
PROPERTY OF CERTAIN RAILWAY CORPORATIONS. 

Be it enacted, etc., as follows: 

May extend Sectiox 1. The Natick Electric Street Railway CoEii- 

chase' fn.nchise, paiij may exteiid and operate its lines in and through the 
etc., o 01 er {q^yj^q qI" Shei'bom, Natick, Framingham, Ashland and 
Hopkinton upon locations granted hy the selectmen of 
said towns res})ectively ; and all grants heretofore made 
to said com])any are hereby ratified and confirmed, sub- 
ject to all the restrictions and conditions imposed by the 
selectmen of said towns, and it is hereby authorized to 
purchase and hold the whole or any part of the rights, 
franchises and property of any street railway company 
now having a location in whole or in part in said towns ; 
and any such road may sell, convey and assign to said 
Natick Electric Street Railway Company the whole or 
any part of its property, rights and franchises, on such 
terms as may be agreed to by the respective boards 
of directors of the purchasing and selling corporations, 
and as shall be approved at meetings called for the 
purpose by a majority in interest of the stockholders 
of said corporations respectively : provided, however, 
that no contract of lease, sale, purchase or consolida- 
tion between said company and any other street railway 
company, or traction company, shall ))e entered into under 
the provisions of this act until the terms of such contract 
shall have been first approved l)y the board of railroad 
commissioners of this Commonwealth. 

Sectiox 2. For the purpose of carrying into effect 
the provisions of this act, and for no other purpose, said 
Natick Electric Street Railway Company may increase its 
capital stock and issue its mortgage bonds, but said new 
issue of capital stock shall not exceed the cai)ital stock of 
the selling corporations at the time of sale, the cost of ex- 
tensions and of power houses, and said new stock may be 
exchanged for the said stock of the selling corporations, 
but in no case at a. valuation for said new stock of less 
than par ; and any stock not so used may be sold at pul)- 
lic auction or issued in any other way now authorized by 
law : provided, said bond issue shall not exceed the capital 
stock of said railway actually [)aid in. 



Proviso. 



Mav increase 
capital stock, 
issue mortgage 
bouds, cic. 



Proviso. 



Acts, 1893. — Chap. 3^7. 985 

Sectiox 3. Xo stock or bonds shall be issued under Riiirond com. 
this act until the terms of such issue shall have been sub- JJ^'proveTsuo 
mitted to the board of railroad commissioners and approved °^ ^^°''^' ^'''• 
by them. 

Sectiox 4. After any purchase herein authorized has certificate of 
been ctVected said Xatick Electric Street Kailway Company misRioneis'nnd 
shall have, hold and enjoy all the rights, privileges, ease- of assent to^ife^ 
ments, locations, franchises and property of the selling filed, etc 
corporation and shall be subject to all its duties, debts 
and liabilities and franchise restrictions and conditions, 
and shall forthwith file in the office of the secretar}^ of the 
Commonwealth a certificate from the board of railroad 
commissioners in accordance with the provisions of sec- 
tion three of this act, and copies of the votes of the 
respective corporations assenting to said purchase, certi- 
fied by the clerks of said corporations respectively. 

Sectiox 5. The provisions of section four of chapter isgi, sos, § 4 to 
three hundred and eight of the acts of the year eighteen "''^ ^' 
hundred and ninety-one are made part hereof and shall 
a]iply to purchases and sales by and of said companies 
hereunder. 

Sectiox'^ 6. Said company may construct and operate Rights 
its line over private property, and may acquire the same propi'iVyf^'^ 
■by purchase or lease. 

Sectiox" 7. The name of said Natick Electric Street Name may be 
Railway Company may be changed by vote of its directors number of 
to South Middlesex Street Railway Company, and it may cJeale°d? '"' 
increase its board of directors to any number not exceed- 
ing eleven. 

Sectiox 8. All rio;hts granted under this act shall be to be void if 
null and void in case said road shall be sold or leased to foreign^^corpo- 
any foreign corporation. ration. 

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

Approved May 12, 1893. 

Ax Act to authorize fire district number oxe in the town of (JJia^i 34-7 

SOUTH IIAULEY TO REFUND ITS AVATER LOAN. 

Be it enacted, etc. , as follows : 

Sectiox 1. Fire District Number One in the towm of May issue bonds 

, . , for purpose ot 

South Hadley is hereby authorized to issue bonds, notes refunding water 
or scrip to an amount not exceeding thirty thousand dollars, 
for the purpose of refunding an equal amount of its water 
loan, authorized 1)y chapter one hundred and seventeen 
of the acts of the year eighteen hundred and seventy-three, 



986 Acts, 1893. — Chaps. 348, 349, 350. 

and falling due in the month of April in the year eighteen 
hundred and ninety-three and in the month of April in the 
year eighteen hundred and ninety-eight. Such bonds, 
notes or scrip shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue, shall 
bear interest payable semi-annually at a rate not exceeding 
six per cent, per annum, and may be sold or negotiated at 
public or private sale, upon such terms and conditions as 
said district may deem proper. But none of said bonds, 
notes or scrip shall be issued or sold except in compliance 
with a vote of the district. 

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

Ajyproved May 12, 1893. 

C7ittZ).348 ^^ ^^"^ FIXING THE TIMES FOR HOLDING PROBATE COURTS IN THE 

COUNTY OF WORCESTER. 

Be it enacted, etc., asfolloius: 

bate^coun^iif^"' Sectiox 1. Probatc courts shall he held in each year 
Worcester for tlic couuty of Worccstcr, at Worcester on the first, 

second, third and fifth Tuesdays of each month except 

August, and at Fitchburg on the fourth Tuesday of each 

month except August. 
Repeal. Sectiox 2. So mucli of scctioii forty-cight of chapter. 

one hundred and fifty-six of the Public Statutes as is 

inconsistent herewith is hereby repealed. 
To take effect Sectiox 3. This act shall take effect on the first dav 

teeptemoer 1, i i • i ^ 

1893. of September in the year eighteen hundred and ninety-three . 



Approved May 12, 1893. 



Chap.Si9 



An Act relating to the filing of nomination tapers and the 
acceptance of candidates named therein. 

• Be it enacted, etc., as follows: 

AcceptaBce of j^ nomination paper shall not be accepted bv the officer 

candidales to be ..'^^., i/^iii " • -i 

filed with With whom it IS required to be filed unless accompanied 

papers. by the written acceptance of the candidate or candidates 

nominated by such paper. Approved May 12, 1893. 

CJldT) 350 -^^ ^^^ '^^ CHANGE THE SESSIONS OF THE FIRST DISTRICT COURT 

OF EASTERN MIDDLESEX. 

Be it evaded, etc., asfolloivs: 
seoBions of the SECTION 1 . The scssions of the first district court of 

first district t»t-iit i it txt it i rr>i 

court Of eastern eastcm Middlesex, now held on Wednesday and Ihurs- 
day of each week at Wakefield, shall hereafter be held at 



Acts, 1893. — Chaps. 351, 352. 987 

jSIaldon ; and all processes issued or returnable and now 
pendino' at AVakctield shall be heard and determined at 
Maiden. 

Skctiox 2. This act shall take effect on the first day To take effect 
of July in the year eighteen hundred and ninety-three. "^ ' 



Approved May 12, 1893. 



^- Chap.351 



nom- 
rior to 



An Act relating to the filing of. certificates of nomina 
tion and nomination papers prior to special state elec 

TIONS 

Be it enacted, etc., as follows : 

Certificates of nomination of candidates for national, ^'ii'ngof' 

rr» 1 If '11 inations p.., 

state or county omces to be voted for at any si^ecial elec- special state 
tion, shall be filed with the secretary of the Common- 
wealth on or before the twelfth day preceding the day of 
the election ; nomination papers for the nomination of 
such candidates shall be filed as aforesaid on or before the 
eleventh day preceding the day of the election. 

Approved May 12, 1893. 

An Act relating to property held for the purposes of a niiri^-i ^^9 

WATER SUPPLY. 

Be it enacted, etc. , as follows : 

Sectiox 1. Any city or town holding property, taken Annual pay. 
by purchase or otherwise, for the purposes of its water property "held '° 
supply, whether for domestic, manufacturing or other g^'','','^''''"' 
purposes, in another city or town, shall not pay any tax 
on such property, but shall hereafter in the month of 
September annually pay to such other city or town for 
each lot of land held therein for said purposes an amount 
of money equal to the rate of taxation per thousand dol- 
lars in such other city or town, for every one thousand 
dollars of the average of the assessed valuations of the 
land, without buildings or other structures, for the three 
years next preceding the taking thereof, the said assessed 
valuation for each year being first reduced by the amount 
of all abatements allowed thereon : jjvovided, however, Proviso. 
that any land or building from which any revenue in the 
nature of rent is received from any person occupying or 
using the same shall be subject to taxation. 

Sectiox 2. The assessors of any city or town in Assessors to 
which land is held for the aforesaid purposes on the day clnTfy vaiu"*^ 
of the passage of this act shall, within one year after such anions, etc. 
passage, determine the aforesaid average valuation of such 



988 Acts, 1893. — Chap. 353. 

land and certify the same to the mayor of the city or the 
selectmen of the town holding the same ; and the assessors 
of any city or town in which any land is hereafter taken 
for the aforesaid pm"poses shall, within one year after such 
takinor, determine and certify as aforesaid the said average 
valuation of the land so taken. In determining; said 
average valuation the aforesaid assessed valuation for each 
lot of such land shall be taken to be the proportional part 
of the assessed valuation of the estate of which such lot 
formed a part, which the value of the land thereof, ex- 
clusive of buildings and other structures, bore in the year 
of assessment to the entire value of said estate. 
Ms^e^^f^dulati"- Section 3. If the aforesaid mayor of the city or select- 
faction with men of the town be dissatisfied with said determination, 
assessors. the said avcragc valuation of such land shall be deter- 

mined in the manner provided in the preceding section 
by the sujTerior court for the county in which such land 
is situated, on appeal of such mayor or selectmen from 
said determination, filed with the clerk of said court within 
six months after receiving the aforesaid notice thereof, and 
the provisions of sections two and four of chapter one 
hundred and twenty-seven of the acts of the year eighteen 
hundred and ninety, except as is otherwise provided here- 
in, shall apply to appeals under this act. 

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

Approved May 12, 1893. 

Ch(iP.353 -^^ ^^'^ ^^ ABATE THE SMOKE NUISANCE IN LARGE CITIES. 

Be it enacted, etc. , as folloios : 
Suppression of SECTION 1. lu citics of ovcr three hundred thousand 

smoke caused .,,•. ^ ^^ c ^ -> -i n -r t • 

by use of inhabitants no person shall, after the first day of July in 

coal, etc." the year eighteen hundred and ninety-three, use bitu- 
minous coal for the purpose of making steam in boilers 
in any building, unless the furnace in which said coal is 
burned is so built, managed, arranged or equipped that 
at least seventy-five per cent, of the smoke from said coal 
is consumed or otherwise prevented from entering the 
atmosphere, the degree of suppression being determined 
by the quantity of such smoke emitted, as shown by the 
density and color of the issuing smoke and the length of 
time which it is visible, the maximum standard of com- 
parison being a continuous discharge of dense, dark smoke 
during the time the furnace is in active operation. 



Acts, 1893. — Chap. 354. 989 

Sfctiox 2. The niavor of any city to which this act reroontobe 
applies sliail, within one month trom its passage, desio- ,.„forcepro. 

, i> ji •, ' xr> • i visions of law. 

nate some ])roper person trom among the city ottcials, 
who shall be charged Avith its enforcement. And such 
designation shall thereafter be made annually in the month 
of January, ])ut shall be subject to change at any time, 

Skctiox 8. Whoever violates any provision of section Penalty. 
one of this act shall be punished by a fine of not less than 
ten nor more than one hundred dollars for each week dur- 
ing which such violation shall continue. 

Approved May 15, 1893. 

Ax Act to ixcokporate the kockport electkic street kail- QJidn 354 

WAY COMPANY. 

Be it enacted^ etc., as follows : 

Sectiox 1. George R. Bradford, Loring Grimes, Rock-port 
Henri N. Woods, Eben G. Abliott, John Tufts, F. Scrip- Railway 
ture, Zeno A. Appleton, Nathaniel Eichardson, James P. {ucoi^pomted. 
Merriden, Amos Rowe, William R. Parker, Edwin Canney, 
J. L. Woodt^ill, C. S. Rogers, Edgar Knowlton, T. T. 
Harwood, A. M. Tapper, L. B. Grimes, A. Robb, A.W. 
Tarr, Hiram S. Philbrook, George H. Perkins, their asso- 
ciates and successors, are hereljy made a corporation 
under the name of the Rockport Electric Street Railway 
Company, with all the powers and privileges and subject 
to all the duties, conditions and restrictions set forth in 
all general laws that now are or hereafter may be in force 
relating to street railway companies. 

Section 2. Said company is hereby authorized to con- May construct, 
struct, maintain and use a railway, with convenient single wayiniiock' 
or double tracks, with suitable turn-outs and switches, ^°'^'' 
upon and over such streets and highways in the town of 
Rockport as shall be from time to time fixed and deter- 
mined by the selectmen of said town : provided, that no Proviso. 
location shall be granted to said compan}^ unless said town 
votes to authorize its selectmen to grant such location by 
majority vote of the voters present and voting thereon at 
a town meeting called for the purpose. 

Section 3. Said company may maintain and operate Motive power, 

. -, ., , . 1 ^ , ' • , -x alteration of 

said railway by animal power or electricity , or any approved streets, erection 
motive power other than steam, and, with the consent of of^po'^s. wires, 
the board of selectmen of the town of Rockport, may make 
such underground alterations of the streets and highways 
and erect such poles and wires as may be necessary to 



990 



Acts, 1893. — Chap. 354. 



Capital stock. 



May issue mort- 
gage bonds, etc. 



Approval and 
certification of 
bonds. 



May carry on 
business as a 
common carrier, 
etc. 



Proviso. 



To be void un- 
less road is 
operated prior 
to July 1, 1895. 



establish and maintain such motive power, except that the 
said company shall not use a centre surface rail for the 
transmission of the electric current. 

Section 4. The capital stock of said company shall be 
not less than twenty-hve thousand dollars and not more 
than fifty thousand dollars, except that said company may 
increase its capital stock subject to all general laws appli- 
cable to such increase. 

Section 5. Said com])any from time to time by the 
vote of the majority in interest of its stockholders, may 
issue coupon or registered bonds to an amount not exceed- 
ing the amount of its capitil stock actually subscribed for 
and paid in, for a term not exceeding twenty years from 
the date thereof; and to secure payment thereof, with 
interest thereon, said company may make a mortgage of 
its road and franchise and any part of its other property, 
and may include in such mortgage personal property 
thereafter to be acquired. Said company may in such 
mortgage reserve to its directors the right to sell or other- 
Avise in due course of business dispose of property included 
in such mortgage, which may become worn, damaged or 
otherwise unsuitable for use in the operation of its road, 
provided that an equivalent in value is substituted theretbr. 

Section 6. All bonds issued shall first be ap[)r()ved by 
some person appointed by the comj^any for that purpose, 
who shall certify upon each bond that it is properly issued 
and recorded. 

Section 7. Said company is hereby authorized to use 
its said tracks to carry on the business of a common car- 
rier of goods and merchandise, upon and over any street 
in said town of Rockport upon which it may be authorized 
to construct its tracks as aforesaid, subject to the provi- 
sions of chapter seventy-three of the Public Statutes and 
of all laws relating to common carriers, between the hours 
of nine o'clock in the evening and four o'clock in the 
morning : provided, that the selectmen of said town of 
Rockport shall be authorized by majority vote of the 
voters of said town present and voting thereon at a town 
meeting called for the purpose, to grant permission to 
said company to carry on such business of a common 
carrier. 

Section 8. If said company shall fail to locate, con- 
struct and put in operation a street railway in accordance 
with the foregoing provisions prior to the first day of July 



Acts, 1893. — Chap. 355. 991 

in the year eighteen hundred and ninety-five, all the 
powers and authority herein given shall cease, and there- 
after this act shall have no further operation or ett'ect. 

Section 9. No stock or bonds shall be issued under Railroad com- 
this act until the terms of such issue shall have been sub- approve issue 
mitted to the board of railroad commissioners and approved bondei'irc!'' 
by them. And if they approve such issue a certificate 
setting forth such approval shall be executed by said 
board and filed by said company in the office of the sec- 
retary of the Commonwealth. 

Section 10. All rights granted under this act shall be Tobevoidif 
null and void in case said road shall be sold or leased to any TfoTeigu cor- 
foreign corporation. poration. 

Section 11. This act shall take effect upon its passage. 

Approved May 15, 1893. 

Ax Act to pkotect the name and credit of certain educa- C'7ia?9.355 

TIONAL institutions. 

Be it enacted, etc., as follows: 

Section 1. Whoever in any book, circular, adver- Penalty for 
tisement or advertising sign, or by a pretended written ing^id^hoiTa" ' 
certificate or diploma, or otherwise in waiting, know- fa^wfua/gnmt'. 
ingly and falsely pretends to have been an officer or ing degrees, etc. 
teacher, or to be a graduate or to hold any degree of 
any college or other educational institution of this Com- 
monwealth or elsewhere, authorized to grant degrees, 
or of any public school of this Commonwealth, and who- 
ever without the authority of a special act of the legis- 
lature granting the power to give degrees, offers or grants 
degrees as a school, college or as a private individual, 
alone or associated with others, shall be punished by 
imprisonment in the house of correction for not more 
than one year or by fine not exceeding one thousand dol- 
lars, or by both such fine and imprisonment. 

Section 2. Whoever in any book, pamphlet, circular, Penalty for 
advertisement, by an advertising sign, or otherwise in "gsmionof^ 
writing, makes any false and fraudulent statement or "PP'^ovai, etc. 
assertion of endorsement, authority, approval or sanction 
of any incorporated college, university or professional 
school, whether in this Commonwealth or not, or of 
oflScers or instructors thereof, by way of commendation 
or advertisement of any person or his services, or of any 
goods, wares, commodities, processes or treatment, shall 



992 Acts, 1893. — Chaps. 356, 357, 358. 

be punished by imprisonment in the house of correction 
for not more than one year or by fine not exceeding one 
thousand dollars, or by both such fine and imprisonment. 

Approved May 15, 1893. 



An Act in relation to the suburban railroad company. 
Be it enacted, etc., as follows: 



Time for loca- SECTION 1. The time for the location of the Suburban 

tinn and con- 



Chap. 356 

Time for loca- 
tion and con- . i i c /• 

stiuctionof Eaihoad Company is hereby extended tor one year from 
the passage of this act, and the time for the construction 
of said railroad is extended for two years from the passage 
of this act. 

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

Approved May 15, 1893. 

ChClV 357 ^^ ^^^ RELATING TO THE PASSAGE OF VESSELS THROUGH A CER- 
TAIN DRAWBRIDGE OVER FORT POINT CHANNEL. 

Be it enacted, etc. , as folloios : 
Passage of SECTION 1. The provisious of chapter two hundred 

vessels through /.i ci -i iii 

a certain draw- aud tweuty-oue ot the acts 01 the year eighteen hundred 
Fort^FoiQi and seventy-two, in so far as they refer to and affect the 
channel. drawbridge over Fort Point channel in the city of Bo-ton, 

and the New York and New England Railroad Company, 
owning and controlling the same, are hereby repealed ; and 
said drawbridge and the railroad company owning and con- 
trolling the same shall be subject to and governed by the 
provisions of sections one hundred and forty-eight, one 
hundred and forty-nine and one hundred and fifty of 
chapter one hundred and twelve of the Public Statutes. 
Section 2. This act shall take eftect upon its passage. 

Approved May 15, 1893. 



Chai),^5S ■^'^ ■^^'^ '^^ ESTABLISH THE SALARY OF THE FIRST CLERK LN THE 

OFFICE OF THE SERGEANT-AT-ARMS. 

Be it enacted, etc., as follows: 
saWestab- Section 1. The Salary of the first clerk in the oflSce 

of the sergeant-at-arms shall be twenty-two hundred dol- 
lars a year, to be so allowed from the first day of January 
in the year eighteen hundred and ninety-three. 

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

Approved May 15, 1893. 



Acts, 1893. — Chap. 359. 993 



An Act relating to the liability of employers to make nUpr,^ Qf^Q 

COMPENSATION I-OU PERSONAL INJUltlES SUFFEUED BY EM- ^ ' 

PLOYEES IN THEIR SERVICE. 

Be it enacted, etc., as folloivs : 

Section 1. Section one of chapter two hundred and jso^'oeo'^^' 
seventy of the acts of the year eighteen hundred and ameuded. 
eighty-seven as amended by chapter two hundred and sixty 
of the acts of the year eighteen hundred and ninety-two, 
is hereby amended by adding at the end thereof the fol- 
lowing words : — A car in use by or in the possession of 
a railroad company shall be considered a part of the ways, 
works or machinery of the company using or having the 
same in possession, within the meaning of this act, whether 
such car is owned by it or by some other company or 
person, — so as to read as follows : — Section 1. Whore, Liability of 
after the passage of this act, personal injury is caused to m'^ke°comVen. 
an emi)loyee, who is himself in the exercise of due care saUonforper- 

' "^ ' . sonal injuries 

and diligence at the tmie : — (1 ) By reason of any defect suflered by 

,, '=' ,.,. c i.\ 1 1 • employees, etc. 

in the condition ot the ways, works or machinery con- 
nected with or used in the business of the employer, 
which arose from or had not been discovered or remedied 
owing to the negligence of the employer or of any person 
in the service of the employer 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) 
B}^ reason of the negligence of any person in the service 
of the employer who has 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 engaged in its 
work. And in case such death is not instantaneous, or is 
preceded by conscious sufl'ering, said legal representatives 
may in the action brought under th's section, except as 
hereinafter provided, also recover damages for such death. 
The total damages awarded hereunder, both for said death Damages, 
and said injury, shall not exceed five thousand dollars, 
and shall be apportioned by the jury between the legal 



994 Acts, 1893. — Chap. 3G0. 

representatives and the persons, if any, entitled under 
the succeeding section ot 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 with reference to the degree of culpa- 
bility of the employer herein, or the person for whose 
Acar, etc., to negligence he is made liable. A car in use by or in the 

be coDsidered a '•■' ^ . ^ -ii iiii • ^ ^ 

part of way, posscssion ot a raiiroad company shall be considered a 
works, etc. ^^^,^ ^^ ^^^^ ways, works or machinery of the company 
using or having the same in possession, within the mean- 
ing of this act, whether such car is owned by it or by 
some other company or person. 

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

Apinoved May 16, 1893. 

ChOV.3G0 -^^ ^^^ "^^ AUTHORIZE THE CITY OF BKOCKTON TO TAKE LANDS 
WITHIN ITS LIMITS FOR A PUMPING STATION FOR THE OPERA- 
TION OF ITS SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

ufifiSetc.' Section 1. The city of Brockton, by its board of 
aldermen, is hereby authorized to take, by purchase or 
otherwise, in fee, within the limits of said city, such lands 
as they shall deem necessary for the erection and use of a 
pumping station of its system of sewerage, together with 
the buildings or other property that may be standing 
thereon. 

A description of SECTION 2. All oi'dei's for such takinjjs shall be ap- 

land lalxtn.etc., •i-i-i r i • 

•to be recorded provcd bv the mavor, who, within thirty days from his 

in registry of ^ , -^ ,. "^ , ' , ' i ii /?i i * i 

deeds. appi'oval 01 any such order, shall nle and cause to be 

recorded in the registry of deeds for the county of Plym- 
outh a description of the land so taken, sufficiently 
accurate for identification, with his statement of the pur- 
pose for which such lands were taken under this act. 
f^Zm^nl'dtier. Section 3. The city of Brockton shall pay all dam- 
minaiionand asfcs sustaiucd bv auv pcrsou bv the takino^ of lands or 
other property hereunder. Any person sustaining dam- 
ages as aforesaid, who fails to agree with the city as to 
the amount of damage sustained, may have his damages 
assessed and determined in the manner provided by law 
where 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 property. 



payment. 



Acts, 1893. — Chap. 361. 995 

Sectiox 4. In every case of a petition for the assess- City may offer 
ment of damages or for a jmy hereunder, the said city 8pT/i.fled sum, 
may olfer in court and consent in writing that a sum ^^°' 
therein specified may be awarded as damages to the com- 
plainant ; and if the comphiinant shall not accept the same 
within ten days after he has received notice of such offer, 
and shall not tinally recover a greater sura than the one 
offered, not including interest on the sum recovei'ed in 
damages from the date of the offer, the said city shall be 
entitled to recover its costs, after said date, and the com- 
plainant, if he recover damages, shall be allowed costs 
only to the date of the offer. 

Section 5. This act shall take effect uj>on its passage. 

Approved May 16, 1893. 

Ax Act to revise the ciiakter of the citv of waltham. CJJiar) 361 
Be it enacted, etc., as folloivs : 

Section 1. The inhabitants of the city of Waltham, cityof 
for all purposes for which towns and cities are by law ^'*"^^™- 
incorporated in this Commonwealth, shall continue to be 
a body politic and corporate under the name of the City 
of Waltham, and as such shall have, exercise and enjoy 
all the rights, immunities, powers and privileges, and be 
subject to all the duties and obligations provided for 
herein or otherwise appertaining to said oity as a munici- 
pal corporation. 

Section 2. The government of the city and the gen- Government 
eral management and control of all the fiscal, prudential ma'liflemem of 
and municipal affairs thereof shall be vested in a single »^<'>''^*- 
officer, to be called the mayor, and in a single body, to 
be called the board of aldermen, 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 8. The territory of said city shall continue seven wards, 
to be divided as heretofore into seven wards, so that the 
wards shall contain, as nearly as may be consistent with 
well defined limits to each ward, an equal number of 
voters. 

Section 4. All meetings of the qualified voters of the warrants for 
city for the purpose of voting at elections and for other «'«'^"o°«> '^*«- 
municipal or legal purposes shall be called by warrants 
issued by order of the board of aldermen, which shall be 
in such form and be served and returned in such manner 



996 



Acts, 1893. — CnAr. 3G1. 



Municipal 
election ; munic- 
ipal year. 



Officers to be 
elected by a 
plurality vote, 
etc. 



Vacancies in 
offices of mayor 
and aldermen. 



Locations of 
ward rooms. 



and at such time as the board of aldermen may by ordi- 
nance direct. 

Section 5. The municipal election shall take place on 
the first Tuesday in December annually, and the munici- 
pal year shall begin at three o'clock in the afternoon on 
the first Monday of January, and continue until three 
o'clock in the afternoon on the first Monday of the follow- 
ing January. 

Section 6. At the municipal election the qualified 
voters shall in the several wards give in their votes by 
l)allot for mayor and for members of the board of alder- 
men 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 de- 
clared to be elected to such office ; and whenever two or 
more persons are to be elected to the same office, the sev- 
eral 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 
of a mayor, thq 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 hereinbe- 
fore provided for the election of mayor ; and such pro- 
ceedings shall be repeated until the election of a mayor is 
completed. If the full number of meml)ers of the board 
of aldermen 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 fill the vacancy. In case a 
vacancy in the office of mayor or of a member of the 
board of aldermen shall occur within the four months 
previous to the expiration of his term of office, the board 
of aldermen may, in its discretion, order a new election 
to be held as aforesaid to fill the vacancy. 

Section 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 



Acts, 1893. — Chap. 361. 997 

of aldorinen ma}', in the Avtirrant for calling a mectinp: of 
the qualitied voters of such ward, appoint and direct that 
the meeting be held in some convenient place within the 
limits of any other 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 qualitied voters General meet- 
of the city may from time to time be held according to voters. 
the right secured to the peo[)le by the constitution of the 
Commonwealth, and such meetings may be called at any 
time by the mayor. 

Section 10. The board of aldermen shall be composed AWermen 

, 1 number, elec- 

of twenty-one members. At each annual municipal elec- tion, reeidcnce 
tion of said city one alderman shall be elected from the office. 
qualified voters of each ward l)y the qualified voters of 
the city at large, voting in their respective wards or 
precincts ; and two aldermen from each ward shall be 
elected by and from the qualified voters of each ward. 
Each alderman shall at the time of his election be a 
resident of the ward from which he is elected, and shall 
hold his office for the municipal year next following his 
election. 

Section 11. The mayor elect and the members of the oaths of office 
board of aldermen shall, on the first Monday in January aidTrmeL^^ 
succeeding their election, at three o'clock in the after- 
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 meml)ers of the board of aldermen 
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 subse- 
quently elected, the oath of office may at any time there- 
after l)e administered to him in the presence of the board 
of aldermen ; and at any time after the first Monday in 
January the oath of office may be administered in the 
presence of the board of aldermen to a member thereof 
who was absent on the first Monday in January or who 
shall be sul)sequently elected. A certificate that the oath 
of office has been administered as aforesaid shall be 
entered in the journal of the board of aldermen. 

Section 12. Directly after the oaths of office have Board of aider 

1 1 • ' iiii*.ii 111 1 fncn, organi- 

beeu administered the board oi aldermen shall meet and zaiion. 



998 



Acts, 1893. — Chap. 361. 



Election of city 
clerk, etc. 



Removal from 
office, etc. 



City messenger. 



Treasurer, 
auditor, elec- 
tion, terms of 
office, etc. 



Board of alder- 
men, tji be judge 
of election of its 
membere, etc. 



Special meet- 
ings. 



Quorum. 



oi'fjanize by the election by ballot of a president. The 
eldest senior member present shall preside, and no other 
business shall be in order until a president has been 
chosen. The board of aldermen shall 1 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 board of aldermen, by the 
president, or by a justice of the peace. The city clerk 
shall also be the clerk of the board of aldermen, shall 
attend its sessions and shall keep a record of its proceed- 
ings, and shall perform such further service us the board 
ot aldermen may require. The president of the board of 
aldermen and the city clerk may each be removed from 
office by the affirmative votes of two thirds of all the 
members of the board of aldermen. In case of the tem- 
porary absence or disability of the city clerk, the board 
of aldermen may elect a city clerk pro tempore, who 
shall be duly sworn. In case of a vacancy in the office 
the same shall be tilled by election of the board of alder- 
men. The board of aldermen may likewise by ordinance 
provide for the election of a city messenger. 

Section 13. The board of aldermen shall elect by 
ballot, on or before the first Monday in February of the 
municipal year, a city treasurer, who shall be collector of 
taxes, and a city auditor, whose terms of office shall begin 
on the first Monday in March and shall continue for one 
year. In case of a vacancy in the office of city treasurer 
or city auditor the same shall be filled by election of the 
board of aldermen. The city treasurer and city auditor 
ma}^ each be removed from office by the affirmative votes 
of two thirds of all the members of the board of aldermen. 

Section 14. The board of aldermen shall be the judge 
of the election and qualifications of its own members, 
shall determine the rules for its own proceedings, and 
may elect such assistant clerks and other officers as may 
be necessary for the proper conduct of its own business. 

Section 15. The mayor may at any time call a 
special meeting of the board of aldermen by causing a 
written notice of such meeting to be left at the usual place 
of residence of each member. 

Section 16. A majority of the whole number of 
members of the board of aldermen provided to be elected 
shall constitute a quorum for the transaction of business, 
but a smaller number may adjourn from time to time. 



Acts, 1893. — Chap. 361. 999 

Section 17. The board of aldermen shall establish the saiaryof 
salary of the mayor, and may change such salary from ™"^ 
time to time, but his salary shall not be increased or 
diminished during the year for which he is elected. 

Section 18. The board of aldermen may provide for salaries of 
the payment of salaries to its members, but no ordinance " '^'■■"^°- 
or order establishing a salary or increasing a salary already 
estal)lished, shall take eltect until the munici[)al year suc- 
ceeding that in which the ordinance or order is passed. 

Section 19. All votes of the board of aldermen mak- votes of aider- 

... , ^ 1 II 1 • -i • 1 menonappro- 

ing appropriations or loans or money shall be in itemized pnationsor 
form, and when brought before the board of aldermen, on °^"^° money, 
recommendation of the ma3or, 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 present and voting thereon. 

Section 20. The board of aldermen may hold private Meetings of 
sittings for the consideration of candidates for election and 
for acting on removals, but all other sittings shall be pub- 
lic, and all votes on elections shall be taken in public. 

Section 21. No member of the board of aldermen Aldermen not 
shall, during the term for which he is elected, hold any offices, etc. '^'^ 
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 board of aldermen or 
before any committee thereof. 

Section 22. Neither the board of aldermen nor any Employment of 
committee or member thereof shall directly ov indirectly of''c°ont™act8°e^tc. 
take part in the employment of labor, the expenditure 
of public money, the making of contracts, the purchase 
of materials or supplies, the construction, 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 necessary for defraying the con- 
tingent and incidental expenses of the board of aldermen. 

Section 23. The board of aldermen shall have power cuy ordinances, 
within said oity to make and establish ordinances and to p^°^"^^^' ®"'- 
affix 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 



1000 Acts, 1893. — Chap. 361. 

more newspapers designated by the maj'or, and they 
shall, unless they contain an express provision for a later 
date, take eflect 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. 
wayj'etc!^''' SECTION 24. The board of aldermen shall, subject 
always to the approval of the mayor, have exclusive 
authority and power to order the laying out, locating 
anew and discontinuing of and making of specific repairs 
in all streets and wa3's and all highways within the limits of 
the city ; to assess the damage sustained therel^y by any 
person, and, except as herein otherwise provided, to act 
in matters relating to such laying oat, locating anew, 
altering, discontinuing or repairing. Any person aggrieved 
by the action of- the board of aldermen hereunder shall 
have all the rights and privileges now by law in similar 
cases allowed in appeals from decisions of selectmen, but 
there shall be no appeal from a decision not to lay out a 
way. 
Hnd7^ties7{'^^ Section 25. Except as herein otherwise provided, the 
board of alder- board of aldcrmcu shall in e^eneral have and exercise 

men. , , ^ 

the legislative powers of towns and of the inhabitants 
thereof, and all the powers, other than executive, given 
to selectmen of towns, and shall have all the power and 
authorit}^ 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. 

Irrayor?®'" SECTION 26. The mayoT 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 office only for the 
unexpired terra and until his successor is elected and 
qualified. 

^tef"esec^utive, Section 27. 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, either 
personally or through the several officers and boards in 
their respective departments, under his general super- 
vision and control. 

]P°" ^'■%.»"'^ Section 28. The mayor shall communicate to the 

duties ot mayor. . , . "^ 

board ot aldermen such information and shall recommend 
such measures as, in his judgment, the interests of the 



etc. 



Acts, 1893. — Chap. 361. 1001 



city 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 different adminis- 
trative and executive departments. 

Sectiox 29. In case of a vacancy in the office of JfficeTmayor. 
mayor, or in case of his death, resignation or absence 
from the Commonwealth, or of his inability from other 
cause to perform the duties of his office, it shall be the 
duty of the board of aldermen to declare by vote that a 
vacancy exists, and the cause thereof; and thereupon the 
president of the l)oard of aldermen shall, under the style 
of acting mayor, exercise the powers and perform the 
duties of mayor until the absence or disability ceases or 
the vacancy is filled by a new election, except that he 
shall not, unless authorized thereto in a special instance 
by the board of aldermen, make any permanent appoint- 
ment or removal from office ; nor shall he, unless such 
absence or disability has continued at least ten days, or 
unless the office of mayor has become vacant, have power 
to approve or disapprove any ordinance, order, resolu- 
tion or vote of the l)oard of aldermen. 

Section 30. [Form 1.] The mayor shall appoint all a''DZ°em"vaUby 
the officers of the city, unless their election or appoint- niayor. 
ment is herein otherwise provided for, and such power of 
appointment shall be absolute and not subject to confir- 
mation. 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 2.] The mayor shall appoint, subject to the Appointments 
confirmation or rejection of the board of aldermen, all the bymayor^and 
officers of the city, unless their election or appointment is ^'^®'"i^'>- 
herein otherwise provided for. He may suspend any 
officer for a period not exceeding ten days, and may 
remove for sufficient cause and with the consent of the 
board of aldermen any officer so appointed, but such con- 
sent shall not be necessary in case of the removal of police 
officers. 



1002 



Acts, 1893. — Chap. 361. 



Mayor's rec- 
ordfl, clerks, 
etc. 



Mayor and 
heads of depart- 
ments to consult 
together, etc. 



Estimates. 



Expenditures, 
liabilities, 
appropriations, 
etc. 



Annual state- 
ments. 



Administrative 
officers, etc. 



Section 31. The mayor shall cause to be kept a rec- 
ord 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 fixed by 
the board of aldermen. 

Section 32. The mayor shall, as often as once in each 
month, call together for consultation upon affairs of the 
city the heads of departments, who shall, whenever called 
upon, furnish such information relative to their respective 
departments as he may request. 

Section 33. The mayor shall, in the month of Jan- 
uary of each year, cause to be made to him by the heads 
of departments, and by all other officers and boards hav- 
ing 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 board of aldermen, recommending appro- 
priations for each department or purpose as he shall deem 
necessary therefor. 

Section 34. 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 board of aldermen has duly 
voted an appropriation sufficient to meet such expenditure 
or liability, together wiih all prior liabilities which are 
payable therefrom, except that after the expiration of the 
financial year, and before the making of the regular annual 
appropriations, liabilities paj^'able out of a regular a{)pro- 
priation may be incurred to an amount not exceeding one 
sixth of the total appropriation made for similar purposes 
in the preceding year. 

Section 35. 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 state- 
ments thereof, and shall cause such statements to be pub- 
lished for the information of the citizens. 

Section 36. 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 board of aldermen may 



Acts, 1893. — Chap. 361. 1003 

prescribe: — 1. A city treasurer, who shall be collector 
of taxes. 2. A city auditor. 3. A city solicitor. 4. 
A cit}' engineer. 5. A l)oavd of assessors, consisting 
of three persons. G. A board of overseers of the poor, 
consisting of three persons. 7. A board of health, con- 
sisting of five persons, one of whom shall be a physician. 
8. A su})erintendent of streets, who shall have the pow- 
ers of a surveyor of highways and all the powers of road 
commissioners not herein otherwise conferred. 9. A 
superintendent of sewers. 10. A superintendent of water 
works. 11. A superintendent of public buildings. But 
the board of aldermen may establish a board of public 
works instead of said superintendents, and may confer 
upon such board all the powers given by this act to said 
superintendents. 

Section 87. The board of aldermen may from time Additional 
to time, subject to the provisions of this act and in ac- ° '^'^"^' 
cordance with general laws, if they exist in any particular 
case, provide by ordinance for the establishment of addi- 
tional 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 library and a public hospital, and 
for other municipal purposes ; and may determine the 
number and the duties of the incumbents of such boards 
and offices. 

Section 38. The board of aldermen may likewise changes in 
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 or diminish the 
number of persons constituting either of the boards above- 
specified, may increase or diminish the number of })ersons 
who shall perform the duties of an office or board here- 
after established as above provided, may abolish an office 
or board so hereafter established, and may delegate to any 
board or officer the administrative powers given by gen- 
eral laws to city councils and boards of aldermen. 

Section 39. It shall be the duty of the mayor to Appointments 
appoint all the officers above-specified in this act except office!'™^'' 
the city treasurer, city collector and city auditor, and, 
unless herein otherwise provided, all those for whom pro- 
vision 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 



lOOJ: 



Acts, 1893. — Chap. 361. 



Oaths of office, 
records, etc. 



Officers to 
give bonds. 



Subordinate 
officers, ap- 
pointments, 
records, etc. 



Powers and 
duties of boards 
and officers, etc. 



and shall continue for one year, or for such other period 
as the board of aldermen shall by ordinance in any case 
provide. Every administrative officer shall, unless sooner 
removed, hold office until his successor is appointed and 
qualified. 

Section 40. All administrative officers shall be sworn 
to the faithful discharge of their respective duties, and 
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. 

Section 41. The board of aldermen may require the 
city treasurer, the city collector, the city auditor, and 
such other officers, whose appointment is provided for in 
the preceding sections, 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. 

Section 42. The administrative boards and officers 
above-specified in this act and every administrative board 
and officer hereafter established by the board of aldermen 
under the provisions of this act, 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 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 grounds thereof. 

Section 43. The several administrative boards and 
officers having charge of departments shall, within their 
respective departments, employ all labor, make and 
execute all necessary contracts, purchase all materials and 
supplies, have the entire care, custody and management 
of all public works, institutions, 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 be accountable for the proper 
discharge of their duties to the mayor as the chief execu- 
tive 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 appro- 
priations previously made therefor. 



Acts, 1893. — Chap. 361. 1005 



Sectiox 44. The board of aldermen may establish a Police depart- 
police department, and provide for the appointment of 
a chief of police and of other members of the police force 
by the mayor. 

Section 45. The board of aldermen may establish a Fire depart- 
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. 

Section 4«). Every administrative board, through its Administrative 
chairman, and every officer having charge of a department, inToVmatio^n to 
shall, at the request of the board of aldermen, 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. 

Section 47. The board of aldermen shall establish salaries of 

- „ I'-ii'/E adrainistralive 

the salary or compensation ot every admmistrative oihcer, officers. 
but no reduction of any such salary or compensation shall 
take effect until the municipal year succeeding that in 
which the reduction is ordered, unless such reduction is 
recommended by the mayor. 

Section 48. The management and control of the sciiooicom- 
schools of the city shall be vested in a school committee, ™' 
consisting of the mayor, ex officio, and nine other persons, 
inhal)itants of said city. Three members of the school 
committee shall be elected at large at each annual 
municipal election by the qualified voters of the entire 
city, to serv^e for the term of three years, beginning with 
the first Tuesday after the first Monday in January next 
ensuing, in place of the members whose terms then expire. 

Section 49. In case of a vacancy in the office of a vacancies. 
member of the school committee the mayor shall call a 
joint convention of the board of aldermen and of the school 
committee, at which the mayor shall preside, and such 
vacancy shall, by a vote of a majority of all the members 
of the two bodies, be filled by the election of a member, 
to serve until the end of the municipal year in which the 
warrant for the next annual municipal election shall ])e 
issued ; and at such election the further vacancy, if any, 
shall be filled for the remainder of the unexpired term, in 



1006 



Acts, 1893. — Chap. 361. 



Orgaulzation, 
quorum, etc. 



Superintendent 
of schools, 
officers, etc. 



School lands, 
buildings, etc. 



Estimates. 



Expenditures, 
liabilities, 
appropriations, 
etc. 



the same manner as the member whose office is vacant 
was elected. 

Section 50. The school committee shall meet on the 
first Tuesday after the first Monday in January in each 
year. The mayor shall be chairman of said committee. 
The committee shall elect a clerk by ballot. The com- 
mittee shall be the judge of the election and qualification 
of its members, except the mayor, and shall determine the 
rules for its proceedings. A majority of the whole num- 
ber provided to be elected shall constitute a quorum for 
the transaction of business, but a smaller number may 
adjourn from time to time. 

Section 51. The school committee shall elect a super- 
intendent of schools, and may appoint such other sub- 
ordinate 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 their 
duties and fix their compensation, and may remove them 
and discharge them at pleasure. 

Section 52. The school committee, in addition to the 
exercise of the powers and the discharge of the duties 
imposed by law upon school committees, shall, subject to 
the assent of the mayor, have full power and authority to 
select and purchase lands for school purposes, to deter- 
mine the plans for all school buildings to be erected and 
for all additions and alterations to school buildings, and 
to provide, when necessary, temporary accommodations 
for school purposes. 

Section 53. The school committee shall, in the month 
of January in each year, make 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 board of aldermen, and shall recommend such 
appropriations as he shall deem necessary. 

Section 54. Unless thereto required by law, the 
school committee shall cause no liability to be incurred 
and no expenditure to be made for any purpose beyond 
the specific appropriation which may be made therefor by 
the board of aldermen, except that after the expiration of 
the financial year, and before the making of the 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. 



etc. 



Acts, 1893. — Chap. 361. 1007 

Section 55. The board of aldermen may determine Salaries. 
that salaries shall he paid to members of the school com- 
mittee, may fix the amount thereof, and may change the 
same from time to time. 

Section 5G. The school committee shall annually One member to 
appoint one of their number to attend the meetings of the o'/aTdLrmen^'^ 
board of aldermen, and the member appointed for that 
purpose shall be entitled to a seat with said board and 
shall have a right to discuss all matters relating: to the 
school department, but without the right to vote. 

Section 57. The general laws relating to the munici- j^deMldness, 
pal indebtedness of cities, the general laws requirins: the veto power of 

1 /• 4-1 i. i.1- J • c -J. •! mayor, civil 

ajiproval ot the mayor to the domgs ot a city council or service, etc. 
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, 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 effect in said city. 

Section 58. The person holding the office of mayor Persons in 
and the person holding the ofiice of city clerk in said city, t°mue,'etc.°°' 
at the time when this act takes effect, shall continue to 
hold their respective offices until their respective succes- 
sors shall be elected and qualified. The person holding 
the office of city treasurer and collector of taxes and the 
person holding the office of city auditor in said city, at 
the time when this act takes effect, shall continue to hold 
their respective offices until the first Monday of March 
next succeeding, and until their respective successors are 
elected and qualified. The persons holding the office of 
member of the school committee, at the time when this 
act takes effect, shall continue to hold their said office for 
the term for which they have been respectively elected. 
The persons who are members of the police force of said 
city, at the time when this act takes effect, shall continue 
to hold their respective offices according to the tenure 
thereof. The persons holding any office in said city, ex- 
cepting the offices above-specified and the office of city 
messenger, when this act takes effect, shall continue to 
hold their respective offices until the first Monday of 
March next succeeding, and no longer. 

Section 59. On and after the first Monday of ]\Iarch superintendent 
next ensuing after this act takes effect, there shall be no "^ '"'''' ^^'^'- 



1008 



Acts, 1893. — Chap. 361. 



Superintendent 
of sewers. 



Continuation of 
certain provi- 
sions of law. 



Repeal. 



Acceptance. 



board of water commissioners of said city, but instead 
thereof there shall be an administrative otBcer to be 
called the superintendent of water works, who shall be 
appointed and hold office as herein provided, and who, 
subject to the provisions of this act, shall have all the 
powers vested in, and perform all the duties required of, 
the board of water commissioners by the provisions of 
chapter three hundred and thirty-seven of the acts of the 
year eighteen hundred and seventy-two, entitled, an act 
to supply the town of Waltham with water. The board 
of aldermen of said city shall have and exercise all the 
powers vested in the inhabitants of said town by the pro- 
visions of said chapter. 

Section 60. On and after the first Monday of March 
next ensuing after this act takes eflect, there shall be no 
board of commissioners of sewers of said city, as pro- 
vided in section one of chapter two hundred and five of 
the acts of the year eighteen hundred and ninety, entitled, 
an act to establish a board of commissioners of sewers for 
the city of Waltham, but instead thereof there shall be 
an administrative ofiicer, to be called a superintendent of 
sewers, who shall be appointed and hold office as herein 
provided, and who, subject to the provisions of this act, 
shall have all the powers vested in, and shall perform all 
the duties required of, the board of commissioners of 
sewers by sections two, five, seven and eight of said chap- 
ter ; and the board of aldermen shall have and exercise 
all the powers vested in said board of commissioners by 
sections three and four of said chapter. 

Section 61. The provisions of this act so far as they 
are the same as those of chapter three hundred and nine 
of the acts of the year eighteen hundred and eighty-four 
shall be construed as a continuation of the provisions of 
said chapter, and the provisions of said chapter not con- 
tained herein, and all acts and parts of acts inconsistent 
with this act, are hereby repealed : provided, that said 
repeal shall not affect any right accruing or accrued, or 
any penalty or forfeiture incurred, or any suit or proceed- 
ing pending, at the time said repeal takes effect, and that 
all ordinances of said city then in force and not incon- 
sistent with this act shall continue in force until repealed. 

Section Q'2. This act shall be submitted to the qualified 
voters of the city of Waltham, for its acceptance, at the 
annual state election in the year eighteen hundred and 



Acts, 1893. — Chap. 362. 1009 

ninety-three. The vote shall be taken by ballot in answer vote upon cer- 
to the foUowing questions : — 1. " Shall an act passed by ^^^J." i"^**'°"*' 
the general court in the year eighteen hundred and ninety- 
three, entitled ' an act to revise the charter of the city of 
"Walthani,' be accepted?" 2. "Shall appointments and 
removals by the mayor be made without the concurrence 
of the board of aldermen?"; which questions shall be 
printed upon the ballots after the list of candidates. If 
the larger number of votes upon both of said questions 
shall be in the affirmative, then this act, except such por- 
tion of section thirty as is contained in form two, shall 
take eftect. If the larger number of votes upon the first 
of said questions shall be in the affirmative and the larger 
number of votes upon the second of said questions shall 
be in the negative, then this act, except such portion of 
section thirt}' as is contained in form one, shall take eiiect. 
If this act shall be accepted in the manner aforesaid it 
shall take eflect for the election of municipal officers at 
the annual municipal election on the first Tuesday of 
December next after its acceptance, and for all other pur- 
poses at the beginning of the municipal year in January 
next following. Jf this act shall fail to be thus accepted 
it shall be again thus submitted for acceptance at the 
annual state election in the year eighteen hundred and 
ninety-four, and if then so accepted it shall take effect as 
aforesaid. 

Section 63. So much of this act as authorizes the Totakefuii 
submission of the question of its acceptance to the legal acceptance. 
voters of said city shall take effect upon its passage, but 
it shall not take further effect unless accepted by the legal 
voters of said city as herein provided. 

Ap2^i'oved May 17, 1893. 



An Act to authokize the town of Somerset to fund its 
debt and issue bonds therefor. 



Ckaj).362 



Be it enacted, etc., as follows: 

Section 1. The town of Somerset, for the purpose May issue 
of refunding its existing indebtedness, may issue bonds, Ih" purpose o°/ 
notes or scrip therefor to an amount not exceeding fifteen 'efund'Dgdebt. 
thousand dollars, payable at the expiration of periods not 
exceeding fifteen years from the date thereof. Said bonds, 
notes or scrip shall bear interest payable semi-annually at 
not more than six per centum per annum, and may be 



1010 Acts, 1893. — Chaps. 363, 364. 

sold or negotiated at pul)lic or private sale, upon such 
terms and conditions as said town may deem proper. 
p. s. 29 and Section 2. The provisions of chapter twenty-nine of 

amendments to Tx-kii--. ii i i>iii 

apply. the Public Statutes and the acts amendatory thereof shall 

in all other respects apply to the issue of said bonds, 
notes or scrip. 

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

Approved May 17, 1893. 

G7itt?9.363 -^^ -^*^^ "^^ CONFIRM THE PROCEEDINGS OF THE CITY OF CAM- 
BRIDGE IN TAKING CERTAIN LAND IN SAID CITY BY EMINENT 
DOMAIN. 

Be it enacted, etc., as follows: 

tl^ingtufnL The action of the city of Cambridge on the first day of 
land confirmed. Novcmbcr in the year eighteen hundred and ninety-two, 
by an order approved by the mayor on the second day of 
November in the same year, in taking certain lands and 
buildings by eminent domain near the shores of Fresh 
pond in said city, under and by virtue of the power con- 
ferred by chapter one hundred and thirty-seven of the 
acts of the year eighteen hundred and eighty-eight is 
hereby ratified and confirmed. Approved May 17, 1893. 

CAa?9.364 -^^ ^^'^ "^^ PROVIDE AN ADDITIONAL WATER SUPPLY FOR THE 

CITY OF SALEM. 

Be it enacted, etc., asfolloivs: 
^dduionai SECTION 1. The city of Salem, for the purpose of 

for the city of providing a further supply of water for the use of said 
of Beverly. °"^° city and its inhabitants, and for the town of Beverly and 
its inhabitants, as authorized by chapter two hundred 
and sixty-eight of the acts of the year eighteen hundred 
and sixty-four and acts in amendment thereof and supple- 
mentary thereto, and by chapter two hundred and ninety- 
four of the acts of the year eighteen hundred and eighty- 
five, may from time to time take and hold, by purchase 
or otherwise, in addition to the waters it has been hereto- 
fore authorized to take, and may convey to any and all 
parts of said city through its pipes alread}'" existing or 
authorized by law, and may convey into Wenham lake, 
the waters of Norwood and Beaver ponds in the town of 
Beverly, the waters of Miles river in the towns of Beverly 
and Wenham, and the waters of any and all streams, 
springs and water sources within the watershed of said 



Acts, 1893. — Chap. 364. 1011 

Norwood and Beaver ponds and of said Miles river and Additional 

... , , 1 11 • 1 water supply 

their triliutaries and conlluonts, and all water nolits con- for the city of 

, , . , J , 111 1 '^ Salem and town 

nooted thcrewilh : and may take, hold and convey as of ueveriy. 
;i foresaid the ^vaters of Longhani meadow, so-called, in 
the towns of Beverly ^nd Wenham, and all rights of 
llowage appurtenant to the same, and the waters of any 
and all streams, springs and water sources within the 
watershed of said meadow, on* which can be collected by 
constructing a dam or dams at or below such meadow, 
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 necessary for 
holding, storing, conveying, distributing and preserving 
the purity of an}^ and all said waters as aforesaid, and for 
effectually carrying out the objects of this act ; and may 
erect on an^^ lands so taken proper dams, reservoirs, 
storage basins, fixtures, structures, machinery and appa- 
ratus ; may make such excavations and embankments and 
provide such other means as may be necessary or advisa- 
ble for such purposes ; and may construct and lay down 
such conduits, canals, pipes or other works, under, through 
or over an}^ lauds, water courses, railroads and private 
ways in said Beverly and Wenham as it may deem neces- 
sary or advisable for taking said waters and adding the 
same to the present water supply of said city and town 
of Beverly, that the same may be conveyed into said city 
through the pipes now in use by it to convey water 
therein ; and for all proper purposes of this act may dig 
up any such lands and any such public way in such man- 
ner as to cause the least hindrance to public travel : pro- Written conBent 
vided, that no such taking shall be valid unless made with wateTboa^rd to 
the consent of the water board of said town of Beverly, ^e obtained. 
previously obtained in writing, signed by said water 
board, or unless previously authorized as provided in sec- 
tion two of this act. 

Section 2. In case the water board of said town of ^aTsfveX'" 
Beverlv shall fiiil to jjive its consent to the takini; of any water board 

,-•'., ^ ~ . , ~ -^ fails to consent. 

lands, rights or way, water rights, water sources or ease- 
ments as aforesaid which said city of Salem may desire to 
take, and for the taking of which said city shall have 
requested Such consent, for one month after such request, 
then, upon application of said city and notice to said 
water board, and town of Beverly, the matter in contro- 
versy shall be determined by three commissioners to be 



1012 



Acts, 1893. — Chap. 364. 



A description of 
lands, etc., 
taken to be 
recorded in reg- 
istry of deeds, 
etc. 



Lands in Wen- 
ham and Bev- 
erly may be 
examined, sur- 
veyed, etc. 



Damaees. 



appointed by the superior court in the county of Essex, 
whose award when accepted by said court shall be binding 
upon all parties. And in case that said award shall be 
that said water board give such consent, then such taking 
shall be valid in like manner as if such consent had been 
given. 

Section 3. The city shall within ninety days after the 
taking of any lands, rights, of way, water rights, water 
sources or easements as aforesaid, otherwise than by pur- 
chase, file and cause to be recorded in the southern district 
of the registry of deeds for Essex county, a description 
thereof sutficiently accurate for identification, with a state- 
ment of the purpose for which the same were taken, signed 
by the water board of said city, and the written consent 
of the water board of said town of Beverly, signed as pro- 
vided in section one of this act, or instead thereof a duly 
certified copy of an award as provided in section two of 
this act. 

Section 4. Said city, its officers and agents, may, so 
far as they deem it necessary in carrying out the work 
authorized by section one of this act, or for the purpose 
of ascertaining what additional supply of water, whether 
authorized by law or not, is possible for said city, and of 
determining in what manner said additional supply can 
best be obtained, enter into and upon any lands within 
the towns of Wenham or Beverly, and there make such 
examinations and surveys, and place and maintain such 
monuments and marks as and where they may deem 
necessary. 

Section 5. Said city shall pay all damages sustained 
by any person or corporation in property by the taking 
of any land, right of way, water, water source, water 
right or easement, or by any other thing done by said 
city under the authority of this act. Any person or cor- 
poration sustaining damages as aforesaid under this act, 
who fails to agree with said city as to the amount of 
damages sustained, may have the damages assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, on application at 
any time within the period of three years from the taking 
of such land or other property or the doing of other injury 
under the authority of this act ; but no such application 
shall be made after the expiration of said three years : 
provided, that no application for the assessment of damages 



Acts, 1893. — Chap. 364. 1013 

shall be made for the taking of any water, water right, or 
for any injury thereto, and that said period of three years 
shall not begin to run until the water is actually with- 
drawn or diverted by said city under the authority of this 
act. 

Section 6. In every case of an application for the city may offer 
assessment of damages, or for any injury, the said city etc^" ^^ *"™' 
may offer in court and consent in writing that a sum 
therein specified may be awarded as damages to the com- 
plainant ; 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- 
plainant, if he recovers damages, shall be allowed his 
costs only to the date of the offer. 

Section 7. The said city may, for the purpose of w7terlol^ 
paying the necessary expenses and liabilities incurred Actofi893.' 
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 two 
hundred thousand dollars ; such bonds, notes or scrip 
shall be signed by the treasurer of said city and counter- 
signed by the mayor, and shall be denominated on the 
face thereof, City of Salem Water Loan, Act of 1893, 
shall be payable at the expiration of periods not exceed- 
ing thirty years from the date of issue, and shall 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 public 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 shall raise 
annually by taxation the amount required to meet such 
interest and the proportion of the principal payable 
annually. The sinking funds of any loan of said city 
may be invested in said bonds, notes or scrip. 

Section 8. The town of Beverly, for the purpose of ^"J^ate?*''' 
paying to the city of Salem any portion of the necessary bonds. 
expenses and liabilities incurred under the provisions of 
this act, for which it may be liable to said city, may 



1014 



Acts, 1893. — Chap. 364. 



Penalty for 
wilful corrup- 
tion, pollution, 
etc., of waters, 
etc. 



Rights and 
powers of city 
of Salem and 
town of Beverly. 



borrow money from time to time and issue therefor 
negotiable bonds, notes and scrip to the amount of such 
liability to said city, as it may be incurred and become 
due ; such bonds, notes or scrip shall be signed by the 
treasurer of said town and countersigned by a majority of 
the board of selectmen of said town, and shall be payable 
at the expiration of periods not exceeding thirty years 
from the date of issue, and shall bear such rate of interest, 
not exceeding six per cent., as the board of selectmen of 
said town shall determine. The said town may sell such 
securities at public 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 town shall raise annually by taxation the 
amount required to meet such interest and the proportion 
of the principal payable annually. The sinking funds of 
any loan of said town may be invested in said bonds, 
notes or scrip. 

Section 9. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any of the waters taken or held under 
this act, or injures any structure, work or other property 
owned, held or used by said city under the authority and 
for the purposes of this act, or burns or destroys any 
trees, wood or timber standing or being upon land taken 
or held under the authority of this act, shall forfeit and 
pay to said 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 punished by a fine not exceeding 
three hundred dollars or by imprisonment not exceeding 
one year. 

Section 10. The city of Salem shall have and exercise 
in relation to the further water supply authorized by the 
provisions of this act, similar rights and powers to those 
vested in said city by the provisions of said chapter two 
hundred and sixty-eight of the acts of the year eighteen 
hundred and sixty-four and acts in amendment thereof 
and supplementary thereto, so far as the same are not 
inconsistent with this act and may be applicable thereto ; 
and the town of Beverly shall have the same rights to 
take water from any of the sources, storage basins or 
works acquired or constructed under the authority of this 



Acts, 1893. — Chap. 365. 1015 

act as it now has to take water from Wenham lake. Said jH7to°mrke" 
town of Beverly shall upon demand annually pay to the annual pay- 
city of Salem one third of the expenses which said city ofsaiem.'' ^ 
shall incur under the authority of this act, for the purpose 
of securinix a sufficient supply of water for said city of 
Salem and said town of Beverly, and preserving the 
purity thereof, whether said expenses shall be for damages 
and costs for land, water rights and easements purchased 
or taken for said purposes, for damages on account of 
flowage or expense incurred in constructing works, or for 
water pipes and the laying thereof, or incurred by reason 
of any other thing done for the purpose aforesaid. And make°Ide!fi™rif 
upon payment by said town to said city of the said one tion of trust, etc. 
third of the expenses, damages and costs of any lands, 
water rights or easements taken or purchased under the 
authority of this act and for which said town of Beverly 
is obliged by the foregoing provisions to make such pay- 
ment, said city shall execute and record a declaration of 
trust in or concerning said lands, water rights and ease- 
ments, declaring that one undivided third part of the 
same is held in trust for said town and that said town is 
entitled to the beneficial enjoyment of said one undivided 
third part thereof. Said chapter two hundred and sixty- Provisions of 
eight of the acts of the year eighteen hundred and sixty- "^ *•"*?? y- 
four and acts in amendment thereof and supplementary 
thereto, and chapter two hundred and ninety-four of the 
acts of the year eighteen hundred and eighty-five, so far 
as the same are not inconsistent with this act and may be 
applicable thereto, shall apply to the water supply and 
all things appertaining thereto, authorized by the pro- 
visions of this act. 

Section 11. This act shall take eflect upon its accept- To take effect 
ance by the city council of the city of Salem, and by the ance.* 
inhabitants of the town of Beverly at a meeting duly 
called for that purpose. Approved May 18, 1893. 



Chap.S65 



An Act to fix the time of capital trials. 
Be it enacted, etc., as follows: 

Section 1. Nothing contained in section four of chap- Time of capital 
ter three hundred and seventy-nine of the acts of the '"*'^' 
year eighteen hundred and ninety-one shall be construed 
to repeal, amend or affect section thirty- eight of chapter 
two hundred and thirteen of the Public Statutes. 

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

Approved May 18, 1893. 



1016 



Acts, 1893. — Chap. 366. 



Chap 



May extend and 
improve water 
worki. 



Great Barring, 
ton Fire Dis- 
trict Water 
Loan, Tliird 
Issue. 



Binking fund. 



Annual pay- 
ments. 



^366 ^ ^^'^ '^^ AUTHORIZE THE GREAT BARRINGTON FIRE DISTRICT TO 
EXTEND AND IMPROVE ITS WATER WORKS AND TO ISSUE BONDS. 

Be it enacted, etc., as follows: 

Section 1. The Great Barrington Fire District is 
hereby authorized to extend and improve the water 
works now owned and operated b}'^ said fire district so 
as to supply its whole territory and all its inhabitants with 
water for fire and domestic purposes, and may enlarge 
and extend mains, construct reservoirs and hydrants, and 
do all things necessary for the purposes aforesaid. 

Section 2. The said fire district may, for the purpose 
of paying the cost and expense of such extensions and 
improvements of its water works and the expenses inci- 
dent thereto, issue from time to time bonds, notes or 
scrip to an amount not exceeding in the aggregate twenty 
thousand dollars. Such bonds, notes or scrip shall be in 
addition to the amount of bonds already issued by said fire 
district, shall bear on their face the words, Great Barring- 
ton Fire District Water Loan, Third Issue, shall be pay- 
able at periods not exceeding forty 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 and countersigned by the chair- 
man of the water commissioners of said fire district. The 
said fire district may sell such securities at public or pri- 
vate sale or pledge the same for money borrowed for the 
purposes of this act, upon such terms and conditions as it 
may deem proper. The said fire district shall provide at 
the time of contracting said loan for the establishment of 
a sinking fund, and shall annually contribute to such fund 
a sum sufficient with the accumulations thereof to pay the 
principal of said loan at maturity. The said sinking fund 
shall remain inviolate and pledged to the paj^ment of said 
loan and shall be used for no other purpose. 

Section 3. The said fire district instead of establish- 
ing a sinking fund may, at the time of authorizing said 
loan, provide for the payment of the same by such annual 
payments as will in the aggregate extinguish the same at 
maturity, and when such vote has been passed the amount 
required thereby shall without further vote be assessed by 
the assessors of the town of Great Barrington in each year 
thereafter until the debt incurred by said loan shall be 
extinguished. 

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

Approved May IS, 1893. 



Acts, 1893. — Chap. 367. 1017 



Ax Act conceuning the volunteer mimtia. Chan 367 

Be it enacted^ etc., as folloics : 

Sectiox 1. Every able-bodied male citizen, resident Enrolment of 

.,.,. i»i /•'•! -t 1 the militia. 

Within this state, ot the age or eighteen years and under 
the age ot" forty-five years, excepting persons exempted 
by sections two, three and five, and idiots, lunatics, com- 
mon drunkards, vagabonds, paupers and persons convicted 
of any infamous crime, shall be enrolled in the militia. 
Persons so convicted after enrolment shall forthwith be 
disenrolled ; and in all cases of doubt respecting the age 
of a person enrolled, the burden of proof shall be upon 
him. 

Sectiox 2. In addition to the persons exempted from Exempts from 
enrolment in the militia by the laws of the United States, ^""^ 
the persons hereinafter mentioned shall also be absolutely 
exempted from enrolment, viz. : — Justices and clerks of 
courts of record ; judges and registers of probate and 
insolvency ; registers of deeds, and sheriffs ; officers who 
have held or may hold commissions in the regular or 
volunteer army or navy of the United States ; ofiicers who 
have held, for a period of five years, commissions in the 
militia of this or any other state of the United States, or 
who have been superseded and discharged, or who held 
commissions in any organization of the Massachusetts 
volunteer militia at the time of its disbandment ; enlisted 
men who have served honorably in the volunteer militia 
continuously for a period of nine years ; ministers of the 
gospel ; practising physicians ; superintendents, officers 
and assistants employed in or about either of the state 
hospitals, state almshouses, state prisons, jails or houses 
of correction ; keepers of lighthouses ; conductors and 
engine drivers of railroad trains ; seamen actually employed 
on board of any vessel, or who have been so employed 
within three months next preceding the time of enrolment. 

Section 3. Every person of either of the religious Quakers, etc., 
denominations of Quakers or Shakers, who, on or before certTfl^cire^of" 
the first Tuesday in May, annually, produces to the aiders, etc. 
assessors of the city or town in which he resides, a certif- 
icate signed by two or more of the elders or overseers, as 
the case may be, and countersigned by the clerk of the 
society with which he meets for public religious worship, 
shall be exempted from enrolment. The certificate shall 
be in form as follows : — 



1018 



Acts, 1893. — Chap. 367. 



Penalty for 
giving false 
certificate. 



Members of fire 
department ex- 
empted from 
military duty, 
etc. 



Enrolled militia 
subject to no 
active duty 
except in case 
of war, etc. 



Assessors to 
make list of 
persons liable to 
enrolment, etc. 



Certain persons 
to give names, 
etc., to assess- 
ors, under 
penalty. 



We, the subscribers of the society of the people called 
in the of , in the county of , 

do hereby certify that is a member of our society, 

and that he frequently and usually attends religious worship with 
said society, and we beliere he is conscientiously scrupulous of bear- 
ing arms. A. B., Elders or Overseers. 

C. D. (as the case may be). 

E. F., Clerk. 

Section 4. If elders or overseers of a society of 
Quakers or Shakers give the certificate provided in the 
preceding section to a person who does not profess the 
religious faith of their society, or who is not a member 
thereof, or who is not conscientiously scrupulous of bear- 
ing arms, each elder or overseer so offending shall forfeit 
two hundred dollars to the use of the Commonwealth, and 
be imprisoned not exceeding six months ; and any person 
claiming to be exempted from enrolment by virtue of such 
a certificate, who does not profess the religious faith or is 
not a member of the society named therein, or who is not 
conscientiously scrupulous of bearing arms, shall be liable 
to the same penalty. 

Section 5. Enginemen or members of the fire depart- 
ment in a city or town shall be exempted from military 
duty by forthwith filing with the assessors of the city or 
town in which they reside, a certificate that they are 
enginemen or members of the fire department as aforesaid, 
signed by the mayor and aldermen or fire commissioners 
of such city or the selectmen of such town ; but when a 
member of a volunteer company is, after his enlistment, 
appointed an engineman or member of the fire depart- 
ment, it shall not vacate his enlistment. 

Section 6. The enrolled militia shall be subject to no 
active duty except in case of war, invasion, the prevention 
of invasion, the suppression of riots and to aid civil 
officers in the execution of the laws of the Commonwealth. 

Section 7. Assessors shall annually, in May or June, 
make a list of persons living within their respective limits 
liable to enrolment, and place a certified copy thereof in 
the hands of the clerks of their respective cities and towns, 
who shall place it on file with the records of such city or 
town, and annually, in May, June or July, transmit returns 
of the militia thus enrolled to the adjutant general. 

Section 8. Keepers of taverns or boarding houses, 
and masters and mistresses of dwelling houses, shall, 
upon application of the assessors within whose bounds 



Acts, 1893. — Chap. 367. 1019 

theii' houses are situated, or of persons actino; under tliem, 
give iuforniation of the names of persons residing in their 
houses, liable to enrolment or to do military duty, and 
every such person shall, upon like application, give his 
name and age ; and if such keeper, master, mistress or 
person refuses to give such information, or gives false 
information, such keeper, master or mistress shall forfeit 
twenty dollars, and such person shall forfeit twelve dol- 
lars, to be recovered on complaint of either of the as- 
sessors. 

Section 9. AVhen it is necessary to call out any por- Caiungout 
tion of the enrolled militia for active duty, the commander foractiveduty* 
in chief shall direct his order to the mayor and aldermen 
of cities or to the selectmen of towns, who, upon receipt 
of the same, shall forthwith, by written order or oral 
notice to each individual, or by proclamation, appoint a 
time and place for the assembling of the enrolled militia 
in their city or town, and shall then and there proceed to 
draft as many thereof, or to accept as many volunteers, 
as is required by the order of the commander in chief, and 
shall forthwith forward to the commander in chief a list 
of the persons so drafted or accepted as volunteers. 

Section 10. Every member of the enrolled militia Penalty for not 
ordered out, or who volunteers or is detached or drafted, 
under the provisions hereof, who does not appear at the 
time and place designated by the mayor and aldermen or 
selectmen, or who has not some able-bodied and proper 
substitute at such time and place, or does not pay to such 
mayor and aldermen or selectmen, for the use of the Com- 
monwealth, seventy-five dollars, within twenty-four hours 
from such time, or who does not produce a sworn certifi- 
cate, from a physician in good standing, of physical disa- 
bility to so appear, shall be taken to be a deserter, and 
dealt with accordingly. The portion of the enrolled ^intzatio°n °Itc., 
militia so accepted shall be immediately mustered into of accepted 

1 • /• 1 /-^ 1 1 /■ 1 1 militia. 

the service ot the Commonwealth tor three years, or such 
less period as the commander in chief may direct, and 
shall be organized into companies, which may be arranged 
in battalions or regiments, or assigned to organizations of 
the volunteer militia already existing. Such new organ- 
izations shall be officered, equipped, trained and governed 
according to the laws for the government of the volunteer 
militia. Elections shall forthwith be ordered in such new 
organizations, by the commander in chief, who may detail 



1020 Acts, 1893. — Chap. 367. 

officers to train and coipmand them until the officers elect 
shall have qualified, and shall have passed the examination 
required by section fifty-three. 

mMder in^hief . SECTION 11. The stafl" of the commandcr in chief shall 
consist of an adjutant general, with the rank of major 
general, who shall be ex officio chief of staff; an in- 
spector general, a quartermaster general, a commissary 
general, a surgeon general, and a judge advocate general, 
each with the rank of brigadier general, who will take 
precedence in the order named ; four aides-de-camp, each 
with the rank of colonel ; and such additional officers of 
the staff as the public service ma}^ require, with such rank 
as the commander in chief may designate. They shall be 
commissioned 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 adju- 
tant general shall be inspector general, quartermaster 
general, commissary general, and chief of ordnance. No 
person shall be eligible to appointment on the statt' 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. 

^rfiSe!!"' Section 12. The adjutant general shall distribute all 
orders from the commander in chief; obey all orders from 
him relative to carrying into execution and perfecting the 
system of military discipline established by the laws of 
the state and of the United States ; furnish blank forms 
for the diflerent returns and rolls as may be required ; 
receive from the several officers of the difierent corps 
throughout the state, returns of the militia under their 
command, reporting the actual condition of their uni- 
forms, arms, accoutrements and ammunition, their delin- 
quencies and every other thing which relates to the 
advancement of good order and discipline, — all of which 
the several officers of the volunteer militia are hereby 
required to make, so that the adjutant general may be 
furnished therewith ; and from all said returns he shall 
make proper abstracts and lay the same annually before 
the commander in chief; and he shall annually, on or 
before the first Monday in January, make a return in 
duplicate of the militia of the state, with the condition of 



Acts, 1893. — Chap. 367. 1021 

tlieir uniforms, arms, accoutrements and ammunition, 
according to such directions as he ma}'^ receive from the 
secretary of war of the United States, one copy of which 
he shall deliver to the commander in chief and the other 
of which he shall transmit to the president of the United 
States. He shall also, subject to the orders of the com- 
mander in chief, attend to the prosecution of soldiers' 
claims. 

Section 13. The adjutant general shall receive a Adjutant gen- 
salary of three thousand six hundred dollars a year, and eliaries^etc. 
may employ five clerks, — one at a salary of twenty-two 
hundred dollars a year, a second clerk at a salary of six- 
teen hundred dollars a year, and an additional clerk at a 
salary of two thousand dollars a year, and two at twelve 
hundred dollars each a year, — and a messenger at a 
salary of eight hundred dollars a year. He ma}^ employ 
such additional clerks and other assistants as may be 
necessary to conduct the business of his department, and 
such persons as ma}' be necessary in the quartermaster's 
and ordnance bureau, at an expense in all not exceeding 
six thousand dollars a year. 

Section 14. The quartermaster general shall give Quartermaster 
l)ond to the state in the penal sum of twenty thousand du^fe's^tc!" ' 
dollars, with two sureties at least, to be approved by the 
governor and council, conditioned faithfully to discharge 
the duties of his office, to use all necessary diligence and 
care in the safe keeping of military stores and property 
of the Commonwealth committed to his custody, and to 
account for and deliver over to his successor or to any 
other person authorized to receive the same, such stores 
and property. The commander in chief may require the 
duties imposed upon the quartermaster general to be 
performed by any member of his staff, who shall in that 
case give bond to the state in like manner as is required 
of the quartermaster general. The quartermaster general, 
under the orders of the commander in chief, shall have 
the care and control of the state camp ground, of all state 
arsenals and magazines, of the soldiers' burial lot and 
monument at Dedham, and all military property of the 
state, excepting such as is by law expressly intrusted to 
the keeping of other officers. He shall purchase and 
issue all arms, ammunition, clothing, camp equipage and 
military supplies and stores of every description, except 
surgical instruments and medical supplies ; he shall pro- 



1022 



Acts, 1893. — Chap. 367. 



Penalty for 
buying, etc., 
certain tools, 
etc. 



Inspections, 



cure and provide means of transport for the militia and 
for all its implements, munitions of war and military 
supplies, such transportation to be in kind whenever 
practicable. He is authorized to receive into the store- 
house at the state camp ground, from the several militia 
organizations, such articles of personal property used for 
military camping purposes as can be accommodated 
therein ; these articles shall be received and delivered at 
the expense of the owners thereof and held at such owner's 
risk. He shall, at the public expense, also provide suit- 
able places for the safe keeping of all munitions of war, 
intrenching tools and all other implements of war, and 
shall have the care and management of all lands held by 
the Commonwealth for military uses. Such tools and 
implements shall be designated as the property of the 
Commonwealth by suitable permanent brands or marks 
on each of them. He may allov*^ proper accounts annually 
for the repairs of uniforms and equipments. The quarter- 
master general shall adjust all accounts relating to loans 
of state military property to cities and towns, institutions 
and schools, and shall require annual returns of such 
property and of its condition, at such times and in such 
manner as he may direct, and may at any time, under the 
direction of the governor, recover the whole or any part 
of such property when deemed for the best interests of 
the Commonwealth. 

Section 15. Whoever purchases, retains or has in his 
possession any tool or implement marked or branded as 
provided in the preceding section, and not delivered to 
him by a person thereto authorized, shall be punished by 
a fine not exceeding ten times the value of such tool or 
implement. 

Section 16. The adjutant general, or such other offi- 
cers as the commander in chief shall indicate, shall inspect 
once in every year, and oftener if the commander in chief 
shall deem necessary, all headquarters, armories and all 
state property in the hands of the militia, and report the 
condition of the same, and what should be a proper allow- 
ance for rent. The superintendent of the state arsenal 
may, under orders, inspect state property in armories for 
the purpose of ascertaining what supplies are needed. 
The inspector general, or his assistants under his orders, 
may inspect any organization at any time when the troops 
thereof are under arms, or in attendance at their armories ; 



Acts, 1893. — Chap. 367. 1023 

liiit such inspections shall not constitute tours of duty for 
which i)ay will be allowed. The inspector general and 
his assistants shall act under the orders of the commander 
in chief. 

Section 17. The surgeon general shall receive a salary surgeon gen- 
of twelve hundred dollars a year ; and, subject to the dmiesl^'eTZ' 
orders of the commander in chief, shall have general 
supervision and control of all matters pertaining to the 
medical department of the militia, and shall prescribe the 
ph^'sical and mental disabilities exempting from military 
duty ; he shall purchase and issue all medical and hospital 
supplies, and perform such other duties appertaining to 
his office as the commander in chief shall from time to 
time direct. 

Section 18. The judge advocate general shall review judge advocate 
all proceedings of courts-martial which require the action ^''°®''*'- 
of the commander in chief, reporting thereon in writing ; 
shall bring such suits as may be required under the pro- 
visions of this chapter, and shall be the legal adviser of 
the military department of the Commonwealth in such 
matters pertaining to the government of the militia as 
may be referred to him by the commander in chief. 

Section 19. The inspector general, surgeon general, Annual reports. 
judge advocate general, and all other officers of the statl' 
of the commander in chief, who are or may be required 
to make annual reports, shall forward the same to the 
adjutant general on or before the fifteenth day of Decem- 
ber in each year ; such reports shall be published by him 
with his annual report to the commander in chief. 

Section 20. The adjutant general, inspector general, pfficeranotto 

. '' .~ ' • t3 ' be pecuniarily 

quartermaster general, commissary general, or surgeon interested in 

1 •j_a_/>'jicji 1^1 business trans- 

general, or any assistant or either of them, whether actions, etc. 

appointed or detailed to act as such, or any subordinate 
officers of their departments, shall not be interested, 
directly or indirectly, in the purchase or sale of any 
article intended for, making a part of, or appertaining to, 
their respective departments, except for and on account 
of the Commonwealth ; nor shall they or any of them 
take or supply to his or their own use any gain or emolu- 
ment for negotiating or transacting any business in their 
respective departments, other than what is or may be 
allowed by law. 

Section 21. The active militia shall be composed of voiuS'^"" 
volunteers, and shall be designated the Massachusetts Muitia. 



1024 



Acts, 1893. — Chap. 367. 



Volunteer 
militia in time 
of peace. 



Brigades, regi- 
ments and 
battalions. 



Organization of 
new companies. 



Staff of briga- 
dier general. 



Petitions for organizino; volunteer corn- 



Volunteer Militia, and shall iirst be ordered into service 
to resist invasion, quell insurrection, aid in the suppres- 
sion of riots, to aid civil officers in the execution of the 
laws of the Commonwealth, or in time of public danger. 

Section 22. In time of peace, the volunteer militia 
shall consist of not more than seventy-two companies of 
infantry ; three companies of cavalry ; three batteries 
of light artillery ; a signal and ambulance corps to each 
brigade ; two corps of cadets ; and one naval brigade, to 
consist of two battalions of not more than four companies 
in each battalion. 

Section 23. The commander in chief shall arrange the 
infantry, artillery and cavalry into regiments, battalions, 
and when necessary, unattached companies, and not more 
than two brigades. There shall not be more than six 
regiments of infantry, one reofiment or more of which, at 
the discretion of the governor, shall be trained, instructed 
and exercised as heavy artillery. 

Section 24. 
panics may be granted by the commander in chief, due 
regard being had to a proper distribution of the force 
through the Commonwealth ; such petitions shall be 
accompanied by the approval of the mayor and aldermen 
of cities or the selectmen of towns in which a majority of 
the petitioners reside ; but no new company shall be 
organized except as provided in section ten, if thereby the 
whole number of companies shall exceed the number 
established in this act. 

Section 25. To each brigade there shall be one 
brigadier general, whose staff shall consist of one assistant 
adjutant general,